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HomeMy WebLinkAbout31030 / 80-10Novescber 6, 1980 # 13 •� •, •�� +� �. •��• � •� «•� • � � � �� � u • �� : � �• • y� iy • • � i � • • ••�� • M • r. • •�� i • • • i M • �. � • -+�• • � •� «•i • t � • • �• • �a •. i • ii ��� -�•� • � ��� ��� The Commn Coimcil of the Ci.ty of Oshkosh do ordain as follaas: SEC.TI�i 1. That Chapter 7 of the Oshkosh MiaLicipal Cocle ��-*�� n; nq to the Building Code is hereby repealed. SECPIdN 2. That Chapter 7 of the Oshkosh Mimicipal Code pe�-r-a� ni nq to t1�e Building Code is hernby recreated to read as follows: •«� � SECTION 3. This on3inan� shall be in full force and effect frran and after its passage and date of p�lication. - 13 - SUi;;IiT;°ii -6'i" L+PPROVED �/���_�,� 7.1. Title CHAPTER 7. BUILDING. ARTICLE I. IN GENERAL. ARTICLE II. BUILDING INSPECTOR. 7-2. Appointment and term of Building Inspector. 7-3. Qualifications of Building Inspector. 7-4. Duties of Building Inspector. 7-5. Office hours of Building Inspector. 7-6. ftecords and reports of Building Inspector. 7-7. Interference with Building Inspector. 7-8. 7-9. 7-10. 7-11. 7-12. 7-13. 7-14. 7-15. 7-16. 7-17. 7-18. 7-19. 7-20. 7-21. 7-22. 7-23. 7-24. 7-25. 7-26. 7-27. 7-28. 7-29. 7-30. ARTICLE III. BUILDING PERMITS. � �� Building permit required Definitions. Commencing work prior to grant of permit prohibited. Street and sidewalk grades to be obtained prior to construction. Application for building permit; contents. Building plans to be submitted. Alteration of building plans. Waiver of building plans. Unusual Conditions. Owner to pay permit fees before receiving building permit. Written agreement concerning protection of excavations required. Notice to owner to enclose discontinued excavations. City may enclose excavation in event of owner's noncompliance. Violations. Barriers to be located around excavations near street. Excavation aotice to adjoining owner. Sheath piling of excavations; when required. Building Inspector to issue permit upon full compliance with all 1aws. Issuance of partial permit by Building Inspector. Posting permit card on construction site required. Lapse of building permit upon failure to commence work. Revocation of building permit. Minor repairs excluded. ARTICLE IV. BUILDING INSPECTION. 7-31. When building inspections made. 7-32. Certificate of occupancy to be issued by committee. 7-33. Appeals from rulings of Buildin� Inspector. 7/ 1 7-34. 7-35 7-36 7-37 7-38 7-39 7-40 7-41 7-42 ARTICLE V. CONSTRUCTION OF BUILDINGS. State Building Code adopted. Foundation Requirements Permission Required for use of Existing Wa11s and Slabs Mortar Standards Concrete Standards Walls Roof and Ceilings Roof Water Drainage Unattached Garages, Sheds, and Storage Building Areas ARTICLE VI. FURNACE AND HEATING EQUIPMENT 7-43 Installation Permit Required 7-44 Application for Permit; Fees 7-45 Minor Repairs Exempted. 7-46 Heating Inspection. 7-47 Gas Furnace and Connections. ARTICLE VII. RAZING, REPAIR AND DEMOLITION OF UNSAFE BUILDINGS 7-48 Razing Old Buildings. 7-49 Repair of Unsafe Buildings. 7-50 Assessment of Costs. 7-51 Demolition of Buildings. ARTICLE VIII. BUILDINGS WITHIN FIRE LIMITS 7-52 Fire Limits. 7-53 Height of Buildings. 7-54 Construction. 7-55 Frame and Wooden Buildings. 7-63 Penalties. ARTICLE XI. RESERVED ARTICLE X. PENALTIES 7/2 � ' ARTICLE I. IN GENERAL SECTION 7-1. TITLE This Chapter shall be known as the Building Code of the City. ARTICLE II. BUILDING INSPECTOR. SECTION 7-2 APPOIN'L'f4ENT AND TERM OF BUILDING INSPECTOR 3 � r The Building Inspector shall be appointed by the City Manager, as authorized by Section 2-23. SECTION 7-3 QUALIFICATIONS OF BUILDING INSPECTOR The Building Inspector, shall be a person competent to carry out the intent, purposes, and provisions of this Chapter. SECTION 7-4 DUTIES OF BUILDING INSPECTOR (A) Generallv The Building Inspector shall have the poc.Er and it sha11 be his duty to enforce the provisions of this Chapter and all Ordinances of the City and all laws and lawful orders of the State of Wisconsin relating to buildings. (B) Access to Premises For the above stated purposes he sha11 have the right at a11 times to enter buildings and premises provided, however, that no inspection shall be made without a warrant, in the event that the occupant of the premises shall fail to give his consent to such inspection. SECTION 7-5 OFFICE HOURS OF BUILDING INSPECTOR He shall have an office in the City Hall, where he shall maintain regular hours, including at least one hour in the forenoon and one hour in the afternoon of each working day. SECTION 7-6 RECORDS AND REPORTS OF BUILDING INSPECTOR (A) Records The Building Inspector shall keep a record of all applications for building permits in a book for such purpose, and regularly number each permit in the order of its issue. He shall keep a record showing the ❑umber, description and size of all buildings erected during his term 7/3 ,� 13 of office, indicating the kind of materials used and the cost of each building, and the aggregate cost of all buildings of the various classes. He sha11 keep a record of all inspections made, and of all removal and condemnations of buildings, and a record of all fees collected by him, showing the date of their receipt and delivery to the City Treasurer. (B) Reports He shall make a monthly report and an annual report to the City Manager. SECTION 7-7 IPITERFERENCE WITH BUILDING INSPECTOR No person sha11 interfere with the Building Inspector wfi ile he is in the per- formance of the duties of his office. ARTICLE III. BUILDING PERMITS. SECTION 7-8 BUILDING PERMIT REQUIRED No building or structure or any part thereof shall hereafter be aoved, built, enlarged, altered, or demolished within the City (except as hereinafter pro- vided) unless a permit therefor shall first be obtained by the owner, or his agent, from the Building Inspector. SECTION 7-9 DEFINITIONS The term "building" as used in this Article sha11 include any building or structure, and any enlargement, alteration, moving or demolishing of any build- ing or structure, also any new heating plant oc any material alteration in the heating plant in an old building. SECTION 7-10 COMME�CING WORK PRIOR TO GRANT OF PERMIT PROHIBITED It shall be unlawful to commence c.ork on any building or altzration before the building permit has been issued. SECTION 7-11 STREET AND SIDEWALX GRADES TO BE OBTAINED PRIOR TO CONSTRUCTION (A) City Engineer to Furnish Grades. No building permit shall be issued for the construction of any new building or excavating work in the City until the applicant shall obtain the sidewalk grades on the street or streets adjoining the proposed inprovements from the City Engineer. 7/4 ��3 (B) Procedure Before obtaining such grades where none has already been established, the applicant shall pay to the City Treasurer the sum of Two ($2.00) Dollars; and upon being exhibited the Treasurer's receipt, the City Engineer shall then establish such grades for the applicant. If grades are already established, no fee shall be paid by the applicant; but, in any event, the applicant must ascertain the grades before issuance of any such permit. (C) Construction Work to Conform With Grades No person, before or after obtaining such grades, shall construct any building or do any excavating c.ork except in conformity with such grades. SECTION 7-12 APPLICATION FOR BUILDING PERMIT; CONTENTS Application for a building permit shall be made in writing upon a blank form furnished by the Building Inspector and shall state the name and address of the owner of the building, the owner of the land upon which it is to be erected, the name and address of the designer, the locatio¢ of the building, the purpose for which it is to be used, and shall contain such other information as the Building Inspector may require. SECTION 7-13 BUILDING PLANS TO BE SUSMZTTED (A) With such application there shall be submitted to the Suilding In- spector complete sets of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining streets, alleys, lot lines and buildings. All plans shall be drawn to a scale of not less than one-eighth (1/8) inch per foot, on paper or cloth in ink, or by some process that will not fade or obliterate. All distances shall be accurately figured. Drawings that do not show all necessary details to enable the Building Inspector to intelligently inspect the same, shall be iejected. In buildings of reinforced concrete construction, the plans shall show the system of reinforcement, size and location of steel, and size of columns, girders, beams and slabs. (B) All plans and specifications shall be submitted in duplicate; one set shall be returned after approval as hereinafter provided; the other set shall remain on file in the office of the Chief Building Inspector. The Chief Building Inspector shall collect a fee of Twenty Dollars ($20.00) for the examination of plans for new one or two family dwellings, additions, or alterations to existing one or two family dwellings, and on-site construction of additions to recreational vehicLes and mobile homes. (C) In accordance with Wisconsin Statutes 101.12(3) and an agreement executed by and between the City of Oshkosh and the State of Wisconsin Department of Industry, Labor and Human Relations, the Chief Building Inspector may examine essential drawings, calculations and specifica- 7/5 ions for buildin s containin e an � t g g 1 ss th 50,000 cubic feet of volume and alterations to buildings containing less than 100,000 cubic feet of volume. The Department of Industry, Labor and Human Relations shall determine and certify his competency to examine said drawings, calculations and specifications. The Chief Building Inspector shall collect fees for examination of said plans for deposit in the City Treasury. The fee collected shall be the same as c.ould apply if the examination were made by the Department of Industry, Labor and Human Relations. The fee schedule set forth in Wisconsin Administrative Code Section Ind. 69.10 is adopted and incorporated herein by re- ference. SECTION 7-14 ALTERATION OF BUILDING PLANS After being approved, the plans and specifications shall not be altered in any respect which involves any ordinances, laws or orders, or which involves the safety of the building, except with the written consent of the Building In- spector. SECTION 7-15 WAIVER OF BUILDING PLANS If, in the opinion of the Building Inspector, the character of the c.ork is sufficiently described in the application, he may c.aive the filing of plans. SECTION 7-16 UNUSUAL CONDITIONS. When applications for unusual technical design or :oagnitude of constructio❑ are filed, the Building Inspector may refer such plans and specifications to the State of Wisconsin, Department of Industry, Labor and Human Relations, Safety and Building Division, for analysis and recommendation as to the safety of design in compliance with this code. SECTION 7-17 OWNER TO PAY PERMIT FEES BEFORE RECEIVING BUILDING PERMIT Before receiving a Building Permit, the owner, or his agent, sha11 pay the following fees: �3 (A) For new buildings, additions, alterations and signs Five Dollars ($5.00) for the first thousand dollars valuation (or part thereof); Four pollars ($4.00) per thousand dollar valuation (or part thereof) from one thousand to ten thousand dollars, inclusive; Two Dollars ($2.00) pzr thousand dollar valuation (or part thereof) above ten thousand dollars; the minimum fee shall 'oe Five Dollars ($5.00). In addition to the above, a fee sha11 'oe collected for the Wisconsin Uniform Building Permit, when that permit is required. The fee for the Wisconsin Uniform Building Permit sha11 be Ten Dollars ($10.00) for the initial permit. The fee for permits issued after the initial persit shall be Eour pollars ($4.00). 7/6 � t3 (B) For Wrecking Buildings: One story buildings up to 1200 square feet in area -$5.00. All other buildings - $10.00. (C) Flammable Liquid Storage Tanks: $5.00 pec L000 gallon capacity (minimum fee $3.00 per tank). (D) Permit to start construction prior to approval of pLans and the issuance of the Uniform One and Two-Family Dwelling Building Permit: Twenty-Five Dollars ($25.00) in addition to P1an F�camination/Building Persit fees. SECTION 7-18 WRITTEN AGREEMENT CONCERNING PROTECTION OF EXCAVATIONS REQUI;tED No building permit for any building wiiich includes in its plans the excavation for a basement or subsurface construction of a¢y kind shall be issued by the City Building Inspector unless the owner of the land on which such excavation is to be made sha11 sign a written agreement that if at any time, for any cause, after such excavation �.ork shall have commenced, subsequent `+ork shall be discontinued for a period of more than thirty (30) days, such owner shall erect all around said excavation a solid barrier or va11 or wire fence not less than five (5) feet in height, which barrier, wa11 or wire fence shall remain in position until wrk is again commenced and the Building Inspector is satisfied it will be prosecuted to a conclusion. Or in the alternative that such owner will completely cover the excavation in a suitable manner so as to eliminate the danger of any person falling into such excavation. SECTION 7-19 NOTICE TO OWNER TO ENCLOSE DISCONTINUED EXCAVATIONS Any excavation heretofore or hereafter made which shall come to the attentio❑ of the Building Inspector and on which work appears to have been discontinued or abandoned the Building Inspector shall notify the owner in writing by registered mail that within thirty (30) days of receipt of such notice the sai3 owner shall erect a solid suitable c,rall, barrier or wire fence around such excavation, or cap same so as to eliminate the danger of any person falling therein, or con- tinue construction. It shall be the duty of such land owner upon receipt of such notice to erect such wall, wire fence or barrier or cap such excavation as aforesaid and any failure to do so shall constitute a violation of this Section unless construction work is immediately continued. Such wall, wire fence or barrier or such capping shall remain in place until the Building Inspector is satisfied that the removal of same will be followed forthwith by normal and ordinary operations. SECTION 7-20 CITY MAY ENCLOSE EXCAVATION IN EVENT OF OWNER'S NONCOMPLIANCE In the event the landowner fails to comply with the terms of such agreement, or after having been notified as herein provided, fails or refuses to comply with the terms of this section, the Building Inspector shall cause such excavation to be filled, fenced and/or capped, at the expense of the City and shall keep a record of the cost thereof and certify same to the City Clerk who shall place such costs on the tax roll as a charge against the real estate affected, and same sha11 be collected as are other City special charges. 7/7 � �,� SECTIOV 7-21 VIOLATIONS Any person who shall violate any provisiuns of these Sections shall upon con- viction thereof be subject to the penalty hereinafter provided, and each day that such vioLation exists shall constitute a separate offense. SECTION 7-22 BARRIERS TO BE LOCATED AROUND EXCAVATIONS NEAR STREET Whenever any person whether as owner of any premises or his agent or contractor or otherwise shall desire to make an excavation thereon within four (4) feet of any public street or sidewalk he shall place and maintain proper and sufficient barriers around the same until such excavation shall be filled. SECTION 7-23 EXCAVATION NOTICE TO ADJOINING OWNER Any person making or causing an excavation which may affect the lateral soil support of adjoining property or buildings shall provide notice to adjoining property owners. The notice and responsibility for underpinning shall be in accordance with Section IND 21.13 of the Wisconsin Administrative Code. SECTION 7-24 SHEATH PILING OF EXCAVATIONS; WHEN REQUIRED All excavations for buildings shall be properly guarded and protected by the excavator a¢d shall be sheath piled whenever it may be necessary to prevent the adjoining soil from caving in. SECTION 7-25 BUILDING INSPECTOR TO ISSUE PE&'KIT UPON FULL COMPLIANCE WITH ALL LAWS If the Building Inspector finds that the proposed building will comply in zvery respect with all the ordinances of the City and all laws and lawful orders of the State, he shall officially approve and stamp one set of the plans and return them to the owner, and shall issue a building peruit therefore which shall be kept at the site of the proposed building. SECTION 7-26 ISSUANCE OF PARTIAL PE&*SIT BY SUILDING INSPECTOR In case adequate plans are presented the Building Inspector may, at his dis- cretion, issue a permit for a part of the building before receiving the plans and specifications for the entire building. SECTION 7-27 POSTING PERMZT CARD ON CONSTRUCTION SITE REQUIRED. With every permit issued, the Building Inspector shall issue to the applicant a weatherproof card, properly filled out. It shall be the 3uty of such applicant to place such card in a conspicuous place on the premises where the building is to be erected, the card to be unobstructed from public view and not more than fifteen (LS) fzet above grade. 7/8 �r3 SECTION 7-28 LAPSE OF BUILDING PEIL^SIT UPON FAILURE TO COMMENCE WORK A building permit shall have lapsed and be void unless building operations are commenced c.nthin six (6) monthe from the date thereof. A building permit for a residential structure shall lapse and be void from and after twelve (12) months from its.date of issuance; a building permit for a11 other non-residenual structures shall lapse and be void from and after eighteen (18) months from its date of issuance. SECTION 7-29 REVOCATI�N OF BUILDING PERMIT If the Building Inspeetor shall find at any time that the ordinance, laws, orders, plans and specificationa are not being complied aath, he shall revoke the building perinit by written notice posted at the site of the work. When any such pexmit is revoked it sha11 be unlawful to do any further c.ork upon such building until the permit is reissued, excepting such work as the Suilding Inspector shall order to be done as a condition precedent to the reissuance of the permit. SECTION 7-30 MINOR REPAIRS EXCLUDED A11 work which affects the occupancy, area, structural strength, fire protection, exits, light, or venulation of the building, requires a Building Pennit. Minor repairs or alterauons which are less than One Thousand DolLars ($1,000.00) in value do not require a permit if they do not affect the occupancy, area, structural strength, fire protection, exits, light, or ventila uon of a buiLding. ARTICLE IV. BUILDING INSPECTION SECTION 7-31 WHEN BUILDING INSPECTIONS MADE (A) The applicant or an authoriaed representative shall, in writing or orally, request inspec uons of any building or structure. The folloc.nng sequence of inspections shall be performed for the purpose of determining if the work complies c.ath this Code: (1) Footing. The excavation shall be inspected after the pLacement of forms, shoring, and reinforcement, where required, and prior to the placement of concrete. (2) Completed Foundation Walls. Drain tiles, stone covering drain tiles, water-proofing, exterior insulation if required, prior to backfilling. (3) Rough inspection of general construction including framing prior to installing insulation. Note: Electrical, plumbing and heating rough ins are also required to be inspected prior to closing or installing insulation. 7/9 �r3 (4) Installation of insulation shall be inspected prior to covering. (5) Final Inspection. A final inspection shall be made before occupancy to determine compliance with al1 requirements of this code and the terms of the permit. (B) Notice of compliance or non-compliance shall be written on the building permit posted at the site. Upon finding of non-compliance, the inspector shall notify the applicant and/or the owner in wtiting, of the violations to be corrected. No c.ork shall be concealed until approved by the Building Inspector. SECTION 7-32 CERTIFICATE OF OCCUPANCY TO BE ISSUED (�) The Building Inspector, Heating Inspector, Plumbing Inspector, and Electri- cal Inspector shall make a final inspection of all new buildings, addi- tions, and alterations. If no violation of this Chapter or other laws or lawful orders be found, the Chief Building Inspector shall issue a Cer- tificate of Occupancy, stating the purpose for which the building is to be used, also the maximum load and maximum number of persons that may accom- odate on each floor thereof and also that the building or premise or part thereof and the proposed use thereof are in conformity with the provision of Chapter 30 on Zoning and City Planning, as required by Section 30-27(C) of said Chapter. No building or part thereof shall be occupied until such Certificate has been issued, nor sha11 any building be occupied in any manner which conflicts with the conditions put forth in the Certificate of Occupancy. SECTION 7-33 APPEALS FROM RULINGS OF BUILDING INSPECTOA Any person feeling hunself aggrieved by any order or ruling of the Building Inspector may appeal from such order or ruling to the City Council within five (5) days after written notice of such order or ruling shall have been delivered to him, such appeal to be in writing, setting forth the order appealed from, and filed with the City Clerk. Where a situation requires an immediate decision, that of the Building Inspector shall be final and conclusive. ARTICLE V. CONSTRUCTION OF BUILDLNGS SECTION 7-34 STATE BUILDING CODE ADOPTED (A) Chapter IND 22, Wisconsin Administrative Code, Energy Conservation Stand- ards of the One and Two-Family D�.elling Code, and Chapters IND 20, 21, 23, 24, and 25, and all amendments thereto, except as listed below, are adopted and incorporated in this Code by reference subject to the exception con- tained in the following subsection (1). 7/10 � �� (1) Exceptions: Section IND 20.02(6) pertaining to licensing is not adopted. All licenses as required by State Law or City Ordinance are required for performing building c.ork. (S) The provisions of Section 7-34(A) above shall apply to al1 one and two family dwellings regardless of cdnen construction was first commenced. (C) Chapter IND 50 thru IND 64, Wisconisn Administrative Code, Building and Heating, Ventilating and Air Conditioning Code, and a11 amendments thereto, is adopted and incorporated into this code by reference. (D) Unattached garages and sheds, storage buildings, and other structures not included in Section 7-34 (A)(B) and (C) above shall be constructed to standards as required by this code. SECTION 7-35 FOUNDATION REQUIR�^fENTS (A) Walls or Piers and Slabs. (1) All dc.Ellings shall have foundation walls as required by Section IND 21.18 of the [disconsin Administrative Code. (2) Small storage buildings not longer than ten (10) feet or wider than � ten (10) feet may be erected without a foundation if anchored in a manner approved by the Building Inspector. (3) Detached garages and storage buildings of frame construction may be built with a continuous floating slab of reinforced concrete not less than four (4) inches in thickness. Reinforcement shall be a mini.mum of 6"X6" No. 1OX10 wire mesh. The slab shall be provided with a thickened edge all around, eight (8) inches wide and eight (8) inches below the top of the slab. Exterior wall curbs shall be provided not less than four (4) inches above the finished ground adjacent to the building. Bolts 3/8 inches in diameter with nuts and ca shers attached, 6 inches long, sha11 be embedded 3 inches in the concrete curb S feet on centers. Detached garages and storage buildings built with founda- tion walls or piers shall have c,alls or piers as required by Section IND 21.18 of the Sdisconsin Administrative Code. SECTION 7-36 PERMISSION REQUIRED FOR USE OF EXISTING WALLS AND SLABS Existing walls shall not be used for renewal or extension of a building or be increased i¢ height without special permission from the Building Inspector. Existing concrete slabs shall not be used for foundations without special permission from the Building Inspector. SECTION 7-37 MORTAR STANDARDS (A) All mortar shall comply with Section IND 21.26 of the Wisconsin Admin- istrative Code. 7/11 � !3 SECTION 7-38. CONCRETE STANDARDS (A) Concrete shall contain a minimum of five (5) bags of cement per cubic yard of concrete �aix, or be designed to produce a minimum compressive strength of 3000 pounds per square inch at 28 days. Concrete exposed to weathering elements shall be air entrained. (B) Consistency of mixture. The proportion of water shall be such as to pro- duce a mixture which wi11 work readily into the corner and angles of the form and around reinforcement with the method of placing employed on the work, but wi.thout permitting the materials to segregate or excess free water to collect on the surface. (C) Slabs shall be laid on a bed of gravel or other approved material at least three (3) inches in thickness well tamped in place. SECTLON 7-39 WALLS. Walls shall be designed and constructed in accordance with Section IND 21.23, IND 21.24, IND 21.25, and IND 21.26, Wisconsin Administrative Code. SECTION 7-40 ROOF AND CEILINGS. Roofs and ceilings shall be designed and co¢structed in accordance with Sections IND 21.27 and IND 21.28, Wisconsin Administrative Code. SECTION 7-41 ROOF WATEft DRAINAGE. (A) Storm Water Drains - No building sha1L be erected nor shall existing pro- visions for conveyance of water from the roof of any building be altered or replaced unless provision is :nade to convey water from the roof of the building in such a manner that such water will not directly or indirectly pass thence into the sanitary sewer system. No storm .ater or surface water drains may be connected with the sanitary sewer system, whether installed above or below the surface of the ground. (B) Section 10-48 of this code provides for the separation of storm water and sanitary sewers. SECTION 7-42. UNATTACHED GARAGES, SHEDS, AND STORAGE BUILDING AREAS. (A) All unattached garages, sheds, and storage buildings not covered under the scope of Chapter IND 50 thru IND 64, Wisconsin Administrative Code, shall be limited in area as regulated in this Section. (1) Exterior masonry construction, twelve hundred (1200) square feet. (2) Unpro[ected metal construction, seven hundred and twenty (720) square feet. 7/12 � r3 (3) Frame construction, seven hundred and twenty (720) square feet. ARTICLE VI. FURNACE AND HEATING EQUIPMENT SECTION 7-43 INSTALLATION PE[L�fIT REQUIRED Before commencing construction, installation, erecting, alteration or remodeling of any heating, ventilating, or air conditioning system, or a part of a system, a permit sha11 first be secured from the Heating Inspector by the owner or his agent, and it shall be unlawful to commence any such work unless such permit shall have first been obtained, except as otherwise provided herein. SECTION 7-44 APPLICATION FOR PERMIT; FEES. Application for such permit shall be made in wtiting by the owner or his authorized agent upon blanks furnished by the Heating Inspector. The fee for such peraiits shall be in accordance with the following schedule: (A) The minimum fee shall be Five Dollars ($5.00). (B) Heating units, up to and including 150,000 BTU out�ut -$5.00 per unit. Additional fees of $3.00 per each 50,000 BTU output or fraction thereof in excess of L50,000 BTU output. (C) Electric baseboard units -$.50 per unit. SECTION 7-45 MINOR REPAIRS EX&�fPTED. No permit shall be required for minor repairs or alterations to any heating, ventilating or air conditioning system which does not, in the opinio❑ of the Heating Inspector, involve any changes in the heating or ventilation of the building. SECTION 7-46 HEATING INSPECTION (A) Rough Inspection. Al1 heating, ventilating, and air conditioning c.ork must be inspected before it is concealed. (B) A final inspection shall be made after all c.ork is completed. SECTION 7-47 GAS FURNACE AND CONNECTIONS (A) See Sections 13-24 to 13-26 of the Code for provisions relating to the instalLation of gas appliances and piping. 7/13 �'� ARTICLE VII. RAZING, REPAIR AND DEMOLITION OF UNSAFE BUILDINGS SECTION 7-48 RAZING OLD BUILDINGS (A) Order of Building Inspector The Building Inspector shall order the owner of premises upon which is located any building or part thereof within the City, which in the judgement of the Inspector is so old, dilapidated or has become so out of repair or otherwise be in a condition as to be dangerous, unsafe, insanitary, a fire hazard or otherwise unfit for human habitation, occupancy or use, and so that it wvuld be unreasonable to repair the same to raze and remove such building or part thereof, or if it can be made safe by repair, to repair and make safe and sanitary, or to raze or remove at the owner's option. "Building" as used in this Section sha11 include any building or structure. (B) Service of Order The order shall specify a time within which the owner shall comply therewith and specify repairs if any. It shall be served on the owner, or his agent, where an agent is in charge of the building, and upon the holder of any incumbrance of record, in the manner provided for service of a summons in the Circuit Court and by posting a copy of such order upon the premises affected. If the owner or holder of an incumbrance of record cannot be found, the order may be served by posting it on the main entrance of the building and by publishing in the official newspaper of the City for two (2) consecutive days at least ten (10) days before the time limited in the order commences to run. (C) City May Perform Work If the owner shall fail or refuse to comply within the time prescribed, the Inspector of Buildings shall cause such building or part thereof to be razed, removed or closed, if unfit for human habitation or occupancy, either through any available public agency, or contact, or arrangement with private persons. (D) Sale of Salvage Material and Fixtures See Section 66.05(2) and (5) of the Wisconsin Statutes. (E) Repairs Required If the building or part thereof is unsanitary and unfit for human habitation, occupancy or use, and is not in danger of structural collapse, the Building Inspector shall post a placard on the premises containing the following c.ords: "This Building Cannot be Used for fluman Habitation, Occupancy or Use." And it shall be the duty of the Building Inspector to prohibit the use of the building for human habitation, occupancy or use until the necessary repairs have been made. (F) Violation A person, firm or corporation c.iio shall rent, lease or occupy a building which has been condemned under this Section shall be subject to the penalty as hereinafter provided, for each week or fraction thereof such violation exists. 7/14 � 13 SECTION 7-49 REPAIR OF U:ISAFE BUILDINGS (A) Notification to Owner; Barricades Whenever, in the judgement of the Board of Public Works or Building Inspector any building or part thereof standing near a public street or sidewalk shall be in imminent danger of falling so as to endanger the safety of persons passing upon such street or sidewalk, or when- ever any building open to the public shall be in imminent danger of falling or in any manner giving way so as to endanger the safety of persons resorting to the same, it shall be the duty of the Board of Public Works forthwith to notify and require the owner of such build- ing or his agent and the occupants thereof to place the same in safe and secure condition and if necessary forthwith to exclude the public therefrom, and if such building sha11 endanger persons traveling on the street or sidewalk in front of the same, to place warning signs and signals or proper barriers upon or around such building for the protection of the public. (B) City �1ay Barricade and Repair (1) In case of the neglect or refusal of such owners or occupants or their agent or agents to exclude the public from such building or to warn and protect the public traveling upon the streets or sidewalks, the Board of Public Works shall have authority to give public notice of the dangerous condition thereof, to order and require the inmates and occupants of such building or part thereof to vacate the same forthwith and to exclude the public therefrom, and to temporarily close the streets and sidewalks adjacent to any such building and prohibit the same from being used. The Chief of Police or any policeman wfien required by the Board of Public Works to do so, shall enforce such orders and requirements. (2) In case of the refusal of the owner or occupants of such building to make the same safe, the Board of Public Works shall have authority to cause the necessary work to be done to render such building or part thereof temporarily safe for persons traveling upon the streets and sidewalks in front of the same. SECTION 7-50 ASSESSKENT OF COSTS The cost of razing, removing, repair and barricading, when performed by the City, shall be charged against the property upon which such building is located, and shall be a lien upon such property and shall be assessed and collected as a special tax. SECTION 7-51 DEMOLITION OF BUILDINGS (A) Safety Measures When any person whether as owner, contractor or otherwise shall desire to demolish any building standing within ten (10') feet of any public street, alley or sidewalk, he shall carefully and completely remove story after story, commencing with the top story thereof. No materials 7/15 � � or parts of such building shall be thrown or allowed to fall upon such street, alley, or sidewalk or so near the same as to endanger persons or property theron, but shall be carefully low�red to the ground upon displacement. The material to be removed shall be properly wet down to 1ay the dust incident to its removal. (B) Notice to Board of Public Works Before commencing such c.ork of demolition every such person shall first give at least twenty-four (24) hours notice in writing to the Board of Public Works of such intended demolition, stating the time of commencement of the work and the location thereof. ARTICLE VIII. BUILDINGS WITHIN FIRE LL^SITS SECTION 7-52 FIRE LIMITS All that part of the following named limits shall hereafter be known as the special fire limits, within which no building shall be constructed, except as hereinafter provided: (A) North of the Fox River North of the Fox River, that part of the City described as follows: Commencing at a point on the Fox River at the intersection of Dawes Street thence northeasterly along the center of Dawes Street to its intersection with Warren Road, thence southeasterly along the center of Warren Road to a point that is one hundred and twenty.(120') feet northwesterly of the northwesteily line of Be11 Place, thence north- easterly parallel with Bell Place to its intersection with the center of Pearl Avenue, thence southeasterly along the center of Pear1 Avenue to a point that is two hundred and forty (240') feet northwesterly from the northwesterly line of Division Street, thence northeasterly parallel with Division Street one hundred and fifty (150') feet, thence southeasterly parallel with High Avenue one hundred and twenty (120') feet, thence northeasterly parallel with Division Street, to the center of Algoma Boulevard, thence southeasterly along the center of Algoma Boulevard to its intersection with Division Street, thence northeasterly along the center of Division Street to Church Avenue, thence north along the center of Division Street to its intersection with Irving Avenue, thence east along the center of Irving Avenue to a point that is one hundred and thirty-one (131') feet east of the east line of North Pfain Street, thence south, parallel with North �1ain Street to a point three hundred (300') feet north of the north line of Pferritt Avenue, thence east to the center of Jefferson Street, thence south along the center of Jefferson Street to a point that is one hundred and twenty (120') feet North of the North line of :•Serritt Avenue, thence East one hundred and twenty (120') feet North of the North line of �Serritt Avenue, thence East one hundred and twenty (120') feet parallel with Merritt Avenue, thence South to the Center line of �Serritt Avenue thence West along the center line of Kerritt Avenue to the center of Jefferson Street, thence South along the center of Jefferson Street to a point that is two hundred and fifty- six (256') feet South of the South line of Merritt Avenue, thence east 7/16 � � parallel with Kerritt Avenue to the center of Mount Vernon Street, thence south along the center of Mount Vernon Street to the inter- section with Washington Avenue, thence east along the center of Washington Avenue to its intersection with a line that is two hundred and fifty (250') feet southeasterly of the southeasterly line of State Street, thence southeasterly parallel with State Street to a point that is one hundred and sixty-eight and one-half (168 1/2') feet southwesterly from the southwesterly line of Otter Avenue, thence southeasterly parallel with Otter Avenue to the intersection with Court Street, thence southwesterly along the center of Court Street to its intersection with the center line of Ceape Avenue, thence south- westerly along the center of Ceape Avenue to its intersection with Broad Street, thence southwesterly along the center of Broad Street to its intersection with Bay Shore Drive, thence southeasterly along the center of Bay Shore Drive to its intersection with Bay Street, thence southwesterly along the center of Bay Street to the Fox River, thence northwesterly along the Fox River to the place of beginning. All of Lots 5, 6, and 7; also the east six (6') feet of the south one hundred and fifty (150') feet of Lot 8, also the west fifty (50') feet of the east fifty-five (55') feet of Lot 14, all being part of Block 38, Leach's �1ap of 1894, 4th Ward, City of Oshkosh, Winnebago County, Wisconsin. (B) South of Fox River Commencing at the intersection of the center of East Ninth Avenue with the C& NW railway right of way, thence West along the center of East Ninth Avenue to a point one hundred and thirty-one (131') feet east of the East line of South ifain Street, thence south, parallel with South Main Street to the center of East Tenth Avenue, thence �x st along the center of East Tenth Avenue to a point one hundred and thirty-one (131') feet west of the west line of South Main Street, thence north parallel with South Main Street to a point ninety (90') feet south of the south line of West Sixth Avenue, thence west parallel with West Sixth Avenue to a point one hundred (100') feet east of the line of Oregon Street, thence south parallel with Oregon Street to the center of South Park Avenue, thence west along the center of South Park Avenue to a point one hundred (100') feet west of c.est line of Oregon Street, thence north to the Fox River, thence southeasterly along the Fox River to the C 6 NW right of way, thence southerly to the place of beginning. SECTION 7-53 HEIGHT OF BUILDINGS The maximum height of buildings in the special fire limits of the City shall not exceed one hundred and fifty (150') feet from the grade line of the street. SECTION 7-54 CONSTRUCTION Every building hereafter erected or enlarged within the special fire limits shall be fire resistive, metal frame, heavy timber, or exterior masonry con- struction except as hereinafter provided. Fire resistive, metal frame, heavy timber, and exterior masonry construction shall be as defined in Section IND 51.03 of the Wisconsin Administrative Code. 7/17 � �3 SECTION 7-55. FRALNE AND WOODEN BUILDINGS. (A) What Buildings Permitted. No frame or wooden building or structure shall hereafter be built wi.thin the special fire limits as given herein, except the following: (1) Temporary one (1) story frame buildings for use of builders. (2) Wooden fences not over ten (10) feet high. Piazzas or balconies not exceeding ten (10) feet in width nor extending more than three (3) feet above the second story floor beaas. No such structure shall extend beyond the lot line or be joined to any similar structure of another building. (3) Bay windows when convered with incombustible material. (4) Mansards constructed of Underwriters Laboratories listed fire re- tardant pressure treated wood. All wood shall be covered with in- cumbustible material and the maximum projections of the mansards shall be six (6) feet, the maximum height shall be nine (9) feet. The mansard shall be backed by a solid masonry c,rall at least eight (8) inches thick connected with through anchor bolts. (5) Frame buildings which are locatzd at least ten (10) feet away from any lot line. ARTICLE XI. RESERVED ARTICLE X. PENALTIES. SECTION 7-63. PENALTIES. (A) Any violation of any of the provisions of this Chapter sha11 subject the violator to a fine of not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars; together with the cost of prosecu- tion, and in defauLt of paysent thereof, to imprisonment in the County Sail until such fine and costs are paid, not exceeding sixty (60) days. Each day a violation continues, unless otherwise specified in this Chapter, shall constitute a separate offense. Where the violator has been issued a permit or is a licensee under the provisions of this Chapter, such permit or license shall be subject to revocation in the discretion of the court. 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