HomeMy WebLinkAbout47. 16-160MARCH 22, 2016 16-160 ORDINANCE
FIRST READING
(CARRIED_______LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE AMENDMENT TO SECTION 7-34 STATE BUILDING
CODE ADOPTED TO EXCLUDE CONSTRUCTION STANDARDS
FOR EXTERIOR HANDICAP RAMPS ON EXISTING ONE AND
TWO FAMILY DWELLINGS
INITIATED BY: COMMUNITY DEVELOPMENT DEPARTMENT
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING STATE BUILDING
CODE ADOPTED TO EXCLUDE CONSTRUCTION STANDARDS FOR EXTERIOR
HANDICAP RAMPS ON EXISTING ONE AND TWO FAMILY DWELLINGS
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 7-34(B)(2) State Building Code Adopted is hereby
repealed and recreated to read as follows:
(2) All of SPS Chapter 321 (Construction Standards) except as noted below.
SECTION 2. That Section 7-34(B)(2)(i) State Building Code Adopted is hereby
created to read as follows:
(i) SPS 321.045 shall not apply to an exterior ramp constructed on an existing
1 and 2 family dwellings.
SECTION 3. This Ordinance shall be in full force and effect from and after its
passage and publication.
SECTION 3. Publication Notice. Please take notice that the City of Oshkosh
enacted Ordinance #16-XXX APPROVE AMENDMENT TO SECTION 7-34 STATE
BUILDING CODE ADOPTED TO EXCLUDE CONSTRUCTION STANDARDS FOR
EXTERIOR HANDICAP RAMPS ON EXISTING ONE AND TWO FAMILY DWELLINGS
on April 12, 2016. The amendment excludes construction standards for handicap ramps
on existing one and two family dwellings. The full text of the Ordinance may be obtained
at the Office of the City Clerk, 215 Church Ave. and on the City's website at
www.ci.oshkosh.wi.us. Clerk's phone: (920) 236-5011.
O
01HKO.IH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis
Community Development Director
DATE: March 16, 2016
RE: Approve Amendment to Section 7-34 State Building Code Adopted to Exclude
Construction Standards for Exterior Handicap Ramps on Existing One and Two
Family Dwellings.
BACKGROUND
Representatives of the Lions Club have approached City staff about changes to the building codes
regulating temporary wheel chair ramps. City staff has looked into the matter and has determined the
typical pre-fabricated temporary ramp cannot meet the building codes that the City has adopted.
ANALYSIS
Some of our neighboring cities have exempted these wheel chair ramps serving existing houses from
building codes and that has confused service organizations that want to provide the same ramps in
Oshkosh. The typical pre-fabricated, temporary handicapped ramp may not meet the anchoring, hand
rail and guard rail and slope requirements in the current code. Based on the comments from
volunteers, City staff would support that exemption in Oshkosh. Staff had asked the representatives
to propose the change, but they have not yet done that, so City staff is now proposing to exempt
handicap ramps serving existing houses from building codes.
Zoning approval would still be required which would review the setback requirements. In cases where
setbacks are not met, a physician's statement is required verifying the need for the ramp and
aesthetic treatments such as landscaping and skirting are required.
FISCAL IMPACT
The historical record for handicapped ramps in the City over the last 2 years has been 23 permits with
total fees of $1,484. The loss in fees would constitute less than 0.1 °/o of building inspection revenue.
RECOMMENDATION
The City Council approves the Ordinance Amendment.
Approved,
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City Manager
City of Oshkosh
Municipal Codes
Revised 12/10/13
(2) Temporary Certificate of Occupancy Fee: The fees referred to in this section and other
sections of this article shall be established by the governing body and may from time to time
be modified by resolution. A schedule of the fees established bythe governing body shail be
available for review in the administering authority office, Room 205 City Hall, 215 Church
Avenue, Oshkosh, Wisconsin.
(3) A Temporary Certificate of Occupancy shall not extend beyond the expiration date of the
Approved Building Plans or the expiration date of the Building Permit in the absence of
approved plans, without approval by the Director of Community Development.
SECTION 7-33 APPEALS FROM RULINGS OF BUILDING INSPECTOR
Any person feeling aggrieved by any order or ruling of the Building Inspector may appeal from such order or
ruling to the Board of Zoning Appeals as provided in Section 30-6(B) of this code. An order or ruling written
for one (1) and two (2) family homes built on or after June 1, 1980 is not appealable under this ordinance.
An order or ruling written under SPS 350-364 is not appealable under this ordinance.
ARTICLE V. CONSTRUCTION OF BUILDINGS
SECTION 7-34 STATE BUILDING CODE ADOPTED
(A) Chapters SPS 320, 321, 322, 323, 324 and 325 and all amendments thereto are adopted and
incorporated in this Code by reference.
(B) The following shall apply to all additions and alterations to one and two family dwellings where initial
construction permits were issued before June 1, 1980:
(1) SPS Chapter 320, Section 320.07 (Definitions) and Section 320.24 (Adoption of Industry
Standards)
(2) All of SPS Chapter 321(Construction Standards) except as noted '
below.
(a) SPS 321.03(2) shall not apply to alterations in dweilings which do not already conform
with this section. In no case shall remodeling or alterations be performed that
increases the non-conformance with the present code. (Refers to number of exits
required on the second floor.) The intent of this code section is to allow existing
second floor dwelling units with a single exit to continue to exist unless an addition is
built to the second floor, then the second exit would have to be provided.
(b) SPS 321.03(3) shall not apply to alterations in dwellings which do not already conform
with this section. (Refers to number of exits required above the second floor.) The
intent of this section is to allow existing habitable floor levels above the second floor
with a single exit to continue to exist unless an addition is buiit to the third floor or the
area of the habitable floor is expanded, then the required second exit would need to be
provided to comply with the present day code.
(c) SPS 321.03(6) shall not apply to alterations to non-conforming windows existing prior
to June 1, 1980. (Specifies minimum egress window size) but shall apply to windows
in basement bedrooms. In no case shall remodeling or alterations be performed that
increases the non-conformance with the present code. It is the intent of this section to
allow second floor windows that do not meet the present egress requirements to be
City of Oshkosh Chapter 7— Page 11 Municipal Codes
City of Oshkosh
Municipal Codes
Revised 12/10/13
replaced with the same size windows. The practice of installing replacement windows
within existing window frames must take this section into account to avoid increasing
the non-conformance or converting a compiiant window into a non-compliant window.
Windows in an addition need to comply with the present day code.
(d) SPS 321.03(7) shall not apply to alterations/remodeling where the rough opening of
non-conforming doors existing priorto June 1, 1980 are not being altered/affected by
such alterations/remodeling or where existing ceiling heights do not permit the
instailation of minimum height doors. (Specifies minimum door sizes.) It is the intent
of this section to require doors being reframed or relocated to comply with the present
day code.
(e) SPS 321.03(8) and (9) shall not appiy to alterations/remodeling to non-conforming
hallways or passageways existing prior to June 1, 1980, where the width is not being
altered. (Specifies minimum widths.) It is the intent of this section to require halls and
passageways that are being reframed or relocated to comply with the present day
code.
(� SPS 321.04(3) (Stairway Requirements) shall apply to new and existing stairs which
already comply with this code section. Stairways in existence prior to June 1, 1980,
serving existing habitable living space and basements may be rebuilt within the same
stairwell opening provided compliance with the following is provided:
1. In no case shall the remodeled stair be less compliant than the pre-existing
conditions.
2. The dimension of the riser shall not exceed the dimension of the tread.
3. The maximum dimension of a riser shall not exceed 9 inches.
4. A minimum of 6 feet of headroom shall be provided.
5. The minimum width shall not be less than 30 inches.
The treads and risers shall not vary in uniformity by more than 3/16 of an inch for
the entire length of a stairway.
No flight of stairs shall exceed 12 feet in height unless landings are provided.
Stairs in qualifying Historic Buildings as defined in the Oshkosh Municipal Code
Zoning Ordinance may repaired/replaced to match the original stairs.
It is the intent of this section to establish minimum standards for existing stairs
serving habitable areas and basements so they may be remodeled without
significant structural alterations. It is not the intent to allow existing steep stairs
accessing attics or basements to remain as the required exit when converting an
attic or basement into habitable living space.
(g) SPS 321.06 (specifies minimum ceiling heights) shall not apply to living spaces in
existence prior to June 1, 1980 that do not already comply with this section. Homes
built prior to June 1, 1980 may create additional living space in basements with ceiling
heights less than 7 feet, but not less than 6 YZ feet if the following conditions are met:
1. Rooms of the same use being created must be provided with 7 foot minimum
ceiling height elsewhere in the dwelling.
2 A smoke detection system compliant with the Buiiding Code at the time the rooms
are created shall be provided in the entire dwelling unit. (This condition shall not
apply for the creation of bathrooms or other non-habitable spaces.)
(h) SPS 321.04(3) shall not apply to alterations/repairs to handrails and guardrails existing
prior to June 1, 1980. Replacement handraiis and guardrails shall meet present day
code standards. Where 50 percent or more of a handrail or guardrail on a flight or
level is replaced, then this shall be considered a complete replacement. 1&2 Family
Structures qualifying as a Historic Building as defined in the Oshkosh Municipal Code
City of Oshkosh Chapter 7— Page 12 Municipal Codes
City of Oshkosh
(3)
Municipal Codes
Revised 12/10/13
Zoning Ordinance may replace handrails and guardrails to meet existing dimensions;
however such replacements shall match the original handrails and guardrails.
(i) SPS 321.045 shall not applv to an exterior ramp constructed on an existinq 1 and 2
familv dwellinqs.
All of SPS 323 (Heating and Ventilating), SPS 324 (Electrical Standards) and SPS 325
Plumbing and Potable Water Standards).
(4) All of SPS 322 (Energy Conservation) shall apply to new additions. Homes built prior to
June 1, 1980, shall be insulated and provided with vapor barriers to the fullest extent
possible when the walls and/or ceilings are stripped down to the studs and are readily
accessibie to be insulated.
(C) Chapter SPS 360-365, Wisconsin Administrative Code, the Wisconsin Commercial Building Code,
together will all amendments, additions, deletions or supplements thereto, are adopted and
incorporated into this code by reference.
(D) Unattached garages and sheds, storage buildings, and otherstructures not included in Section 7-34
(A) (B) and (C) above shall be constructed to standards as required by this code. Structures
associated with 1&2 Family Dwellings, such as garages, sheds, antennas, and other accessory
structures, shall adhere to Section 7-34(A) &(B.) All other structures not specificaily addressed by
the previous code sections (such as signs, antennas, flag poles, etc.) shall adhere to Section 7-
34(C).
(1) Structures with fabric coverings such as tents, screen rooms, greenhouses or similar
structures are allowed but shall be considered temporary structures and shali be limited to
150 days of use per calendar year. Such structures shall be limited to 200 square feet
maximum size. These structures must meet all setback requirements as required in Chapter
30 of the Oshkosh Municipal Code and are limited to one structure per site. Said structures
shali not be required to obtain a Building Permit.
(2) Structures with fabric coverings such as tents, screen rooms, greenhouses or similar
structures, exceeding 200 square feet in size shall be allowed for a period not to exceed 7
days in a calendar year. Such structures shall meet zoning standards as setforth in Chapter
30 of the Oshkosh Municipal Code. No such structure shail be erected without first obtaining
a Building Permit as required in Section 7-8.
SECTION 7-35 FOUNDATION REQUIREMENTS
(A) Walls or Piers and Slabs.
(1) All dwellings shall have foundation walls as required by Section SPS 321.18 of the
Wisconsin Administrative Code.
(2) Smali storage buildings less than 100 sq. feet in area 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 shail be a minimum of 6"x6" No. 10x10 wire mesh. The siab 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 orthe walls shall be provided with sill plates that
City of Oshkosh
Chapter 7 — Page 13
Municipal Codes
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