HomeMy WebLinkAbout31030 / 80-10Novescber 6, 1980 # 13
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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Building Code is hereby repealed.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:
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SECTION 3. This on3inan� shall be in full force and effect frran and after
its passage and date of p�lication.
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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.
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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.
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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
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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
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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
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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.
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(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-
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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:
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(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).
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(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.
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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.
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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.
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(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).
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(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.
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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.
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(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.
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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.
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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
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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
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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.
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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.
(S) In an action for any violation, the fact that a permit c.ss issued
sha11 not constitute a defense, nor sha11 any error, oversight or
dereliction of duty on the part of any inspector constitute a defense.
7/18
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