Municipal Code - City of South Milwaukee

Chapter 16 - Building Code
City of South Milwaukee

NOTE: The information listed below may not be accurate and up-to-date. The information is accurate as of the date listed at the bottom of the page; however, ordinances adopted after that date may have changed or eliminated a section of the code. Please contact the City Clerk's office to verify the accuracy of the text contained below. You can e-mail the Clerk by selecting the mailbox in the lower-left corner of this page.

     16.01 Title
     16.02 Administration
     16.03 Wisconsin State Building Code - REPEALED & RECREATED 8/1/00
     16.04 Scope
     16.05 Construction Work - State Building Code
     16.06 Definitions - AMENDED 8/1/00
     16.07 Building Permits and Inspection -REPEALED & RECREATED 8/1/00
     16.08 Inspections Required - REPEALED & RECREATED 8/1/00
     16.09 Appeal to Common Council from Inspector's Ruling
     16.10 Construction of Buildings - REPEALED 8/1/00
     16.101 Substitutes for Buildings
     16.11 Excavations -REPEALED 8/1/00 - See Section 12.121(3m)
     16.12 Footings, Foundations and Masonry Walls -REPEALED & RECREATED 8/1/00
     16.13 Structural Steel and Iron - REPEALED 8/1/00
     16.14 Exterior Basement Walls - REPEALED 8/1/00
     16.15 Curb, Driveways and Sidewalks - Permits - REPEALED 9/03/96 - See Section 12.121 REPEALED 8/1/00
     16.16 Wood Frame Construction - REPEALED 8/1/00
     16.17 Framing Details
     16.18 Private Garages - REPEALED 8/1/00
     16.19 Detached Private Garages - REPEALED 8/1/00 - Section 16.19, 1,3 & 4 only
     16.20 Attached Private Garages - REPEALED 8/1/00
     16.21 Permit for Heating Apparatus - REPEALED AND RECREATED 8/1/00
     16.215 Air Conditioning and Refrigeration Systems
     16.22 Heating Appliances, Pipes and Fittings - REPEALED 8/1/00
     16.23 Lathing and Plastering - REPEALED 8/1/00
     16.24 Flammable Liquids - Storage and Equipment - RENUMBERED 8/1/00
     16.25 Alternate Materials and Types of Construction
     16.26 Order to Stop Work
     16.27 When a Use or Occupancy Shall be Discontinued and a Building or Portion Thereof Vacated
     16.28 Condemnation of Unsafe Structures
     16.285 Building Board
     16.286 Building Inspection Committee
     16.29 City Not Liable
     16.30 Moving of Buildings
     16.31 Violation - Penalties - REPEALED AND RECREATED 8/1/00
     16.32 Invalidity of Part
     16.33 Establish One & Two-Family Dwelling Building Code - REPEALED 8/1/00
     16.35 Commercial Building Code - REPEALED 8/1/00
     16.50 Establish Minimum Building Codes to Ensure Safety of Existing Premises which become Dilapidated or
                Blighted - REPEALED 8/1/00 (16.50B), AMENDED 8/1/00 (16.50D)

16.01 TITLE.
(1) This chapter shall be known as the "Building Code of the City of South Milwaukee" and will be referred to hereinafter as "this Code".

(2) PURPOSE. The purpose of this code is to provide certain minimum standards, provisions and requirements for the safe and stable design, methods of construction and uses of materials in buildings and structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished, and to regulate the equipment, maintenance, use and occupancy of all buildings and structures.

16.02 ADMINISTRATION.
(1) SUPERVISION. It is hereby established that the function of building inspection shall be performed under the supervision of the City Engineer and the Common Council.

(2) OFFICE OF BUILDING INSPECTOR. The Building Inspector shall be appointed by the Common Council. The Building Inspector shall serve under the direction of the City Engineer, shall perform building inspections and have such powers and duties as are contained herein, or such as the Common Council or the City Engineer shall from time to time specify. Rep. & Recr. 09/01/92, 1515

(3) GENERAL MANAGEMENT AND CONTROL. Except where otherwise provided in this code, the Building Inspector, under the supervision of the City Engineer, shall have the general management and control of all matters pertaining to building inspection and shall enforce all state laws, city ordinances and lawful orders relating to the construction, alteration, repairs, removal and safety of buildings and other structures and permanent building equipment.

(4) DUTIES OF BUILDING INSPECTOR. It shall be the duty of the Building Inspector to see that the construction, reconstruction, alteration, repairs, removal and safety of buildings of the City of South Milwaukee shall conform with the laws of the State of Wisconsin, the orders, rules and regulations laid down by the Industrial Commission of the State of Wisconsin, and the ordinances, rules and regulations of the City of South Milwaukee, and to make all inspections required in this chapter and in a manner as set forth herein.

The Building Inspector, the City Engineer, or their authorized agents shall have the power and authority at all reasonable hours, for any proper purpose, to enter upon any public or private premises and to make inspection thereof and to require the production of the permit for any building or electrical work being done or the required license therefor. No person shall interfere with or refuse to permit access to any such premises to the above described representatives of the city while in the performance of their duties.

(5) RECORDS. There shall be kept in the Office of the City Engineer a record of all applications for building permits in a book for such purpose and each permit shall be regularly numbered in the order of its issue, also a record showing the number, description and size of all buildings erected, indicating the kind of materials used and the cost of each building and aggregate cost of all buildings of the various classes. There shall be kept in the Office of the City Engineer a record of all inspections made and of all removal and condemnation of buildings, and a record of all fees collected, showing the date of their receipt and delivery to the City Treasurer. The City Engineer shall make a written monthly and annual report to the Common Council of these matters.

16.03 STATE CODES ADOPTED.
(1) The state Building Codes ILHR 50 thru 64, 66 and 69 of the Wisconsin Administrative Code are adopted by reference and made a part of this ordinance as though fully set forth herein. Rep. & Recr. 8/01/00, 1775.

(2) The Wisconsin Uniform Building Code prepared by the Building Inspectors Association of Southeastern Wisconsin with all amendments and revisions thereto is adopted by reference and made a part of this ordinance as though fully set forth herein. This code shall apply to existing buildings and to additions, alterations and repairs of existing buildings and to all construction, demolition or moving or existing buildings not within the scope of paragraph (1) of this section 16.03. Rep. & Recr. 8/01/00, 1775.

(3) The Wisconsin Uniform Dwelling Code, ILHR 20 through 25 is hereby adopted by reference and made a part of this ordinance as though fully set forth herein. Rep. & Recr. 8/01/00, 1775.

(4) Amendments to the above codes adopted herein by reference shall become amendments to this code on and after their adoption by the respective administrative body referred to in the foregoing paragraphs. Rep. & Recr. 8/01/00, 1775.

16.04 SCOPE.
(1) NEW BUILDINGS. New buildings or structures hereafter erected in the City of South Milwaukee shall conform to all requirements of this code; and all requirements in this code, unless specifically provided, shall apply to new buildings.

(2) EXISTING BUILDINGS. The following specified requirements shall apply to existing buildings which for any reason whatsoever do not conform to the requirements of this code for new buildings:

(a) Major Alterations and Repairs. If alterations or repairs in excess of fifty percent of the assessed value of an existing building are made to any existing building within any period of 12 months, the entire building shall be made to conform with the requirements given herein for new buildings provided, however, that any existing building which for any reason requires repairs at any time in excess of fifty percent of the assessed value thereof, not deducting from such value any loss caused by fire or other casualty, shall be made to conform to the requirements of this code for new buildings or shall be entirely demolished.

(b) Minor Alterations and Repairs. Every alteration or repair to any structural part or portion of any existing building shall, when deemed necessary in the opinion of the Building Inspector, be made to conform to the requirements of this code for new buildings. Minor alterations, repairs and changes not covered by paragraphs (a) and (b) of this subsection may be made with the same materials of which the building is constructed.

(c) Removal or Non-Maintenance. The provisions herein shall not be construed as permitting the removal or non-maintenance of any existing devices or safeguards unless authorized in writing by the Building Inspector.

(3) FIRE DISTRICT. Nothing herein contained shall be construed as permitting or authorizing the erection, construction or alteration of any building or structure as defined in Order 5102, Wisconsin State Building Code, within the Fire District of the City of South Milwaukee, except as hereinafter provided. Rep. & Recr. 07/17/90, 1468

(a) What Constitutes a Fire District. All that part of the City of South Milwaukee embraced within that territory defined and described as C-1 Neighborhood Shopping Zone, C-2 Commercial Zone, C-3 Central Business Zone, M-1 Manufacturing Zone and M-2 Industrial Zone, in Chapter 15 of the South Milwaukee Code is hereby declared to be within the fire limits of the City of South Milwaukee. Rep. & Recr. 7/17/90, 1468

(b) Specific Requirements - New Buildings.

(1) Enclosing Walls. All enclosing walls of new buildings or structures within the Fire District shall be of the incombustible materials or materials which are specifically treated to prevent the infiltration of fire within the enclosing walls, or of materials specially treated with fire retardants, as may be approved by the Building Inspector. Am. 07/17/90, 1468

(2) Roofs. All roofs of new buildings shall be covered with fire resistant materials. A roof covering shall be considered fire resistant if made of three or more thicknesses, or ply, of approved asphalt saturated asbestos, felt, or three or more thicknesses, or ply, of approved asphalt of tar saturated rag-felt with gravel, or equal surfacing, or if made of approved asphalt composition shingles, approved asbestos shingles, tin, sheet iron, clay tile, concrete or other approved incombustible material.

(3) Partitions. In new buildings of more than one story, all floors and joists shall be supported by incombustible bearing walls or partitions by semi-fireproof partitions as defined in Order 5102, Wisconsin State Building Code, or by columns and girders. If a bearing partition above the basement floor is supported by a steel girder, the portion of such girder which projects below the ceiling shall be covered with metal lath and plastering or other approved fire-proofing.

(4) Exceptions. The provisions of Subsection (3) on the Fire District shall not apply to frame residences within the Fire District when such buildings do not exceed two stories in height and are occupied by not more than two families nor shall the provisions of this subsection on the Fire District apply to private garages when such garages are erected as accessory buildings to the frame residences before mentioned in this paragraph. Am. 07/17/91, 1468

(5) Special Provisions on Fire Prevention for Multiple Family Dwellings. Any building hereafter erected any place in the City of South Milwaukee, to house more than two families shall be built of "ordinary construction" or better, according to the definition of "ordinary construction" as given in Order 5102 of the Wisconsin State Building Code.

(c) Special Requirements - Existing Buildings. It shall be unlawful to repair any existing structure or building within the Fire District when such structure or building shall have been damaged by fire or decay to the extent of fifty percent of the assessed value of such structure or building and any existing structure or building so damaged shall be subject to condemnation under Section 16.28 of this code. When such a structure or building shall have been damaged by fire or decay to an extent of less than fifty percent of such value, no repairs shall be made upon the same without the permission of the Building Inspector. Am. 07/17/90, 1468

16.05 CONSTRUCTION WORK - STATE BUILDING CODE. In addition to the requirements of the Building Code issued by the Industrial Commission of the State of Wisconsin, all construction work in the City of South Milwaukee shall be done in accordance with the requirements as set forth in this code.

16.06 DEFINITIONS. For the purpose of this code, certain terms, phrases and words and their derivatives shall be construed as set out herein. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Wherever a section, subsection or paragraph is referred to in this code by number or letter, without other designation, it shall be understood to refer to a section, subsection or paragraph in this code.

(1) ACCESSORY BUILDING. An accessory building is a building such as a garage, playhouse or greenhouse, which is subordinate or accessory to a main building already existing on the same lot and which in any "residence district" is not available to the public.

(2) APPROVED. Approved, as to materials and types of construction, refers to approval by the Building Inspector as the result of investigation and tests conducted by him, or by reason of accepted principles or tests by nationally recognized technical organization or by reason of approval by the Industrial Commission of Wisconsin.

(3) ATTIC OR "ATTIC STORY". An attic or "attic story" is any story situated wholly or partially in the roof so designated, arranged or built as to be used for business, storage or habitation.

(4) BASEMENT. A basement is a story wherein on every side of the building the average floor line is below the grade and the average ceiling height in every elevation is not more than five feet above such grade.

(5) BAY WINDOW. A bay window is a rectangular, curved or polygonal window, extending beyond the main wall of the building.

(6) BUILDING. A building is any structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind; and when separated by a fire separation wall, each portion of such building so separated shall be deemed a separate building.

(7) DEAD LOAD. Dead load in a building includes the weight of the walls, permanent partitions, framing, floors, roofs and all other permanent stationary construction forming a part of the building.

(8) DWELLING/DWELLING UNIT: Any structure or that part of a structure, which is used or intended to be used as a home, residence, or sleeping place by one or more persons.

(9) EXTERIOR WALLS. Exterior walls are outer walls or vertical enclosures of a building other than a party wall.

(10) EXIT: A continuous and unobstructed means of egress to a street, alley, or open court and includes intervening doors, doorways, corridors, halls, balconies, ramps, fire escapes, stairways, and windows.

(11) FLOOR AREA. Floor area is the area inside the exterior or fire walls of a building exclusive of vent shafts and courts.

(12) FOOTING. Footing is the spreading course at the base or bottom of the foundation wall, column or pier.

(13) FOUNDATION. A foundation is a substructure including masonry walls, piers, footing, piles, grillage and similar construction, which is designed to transmit the load of any super-imposed structure to natural soil or bed rock.

(14) GARAGE. A garage is a building used for the housing of one or more motor vehicles.

(a) Private. A private garage is a garage maintained primarily for the convenience of the owner, tenant or resident occupant of the
premises and in which no business is carried on and no service is rendered to the public.

(b) Public. A public garage is any garage other than a private garage.

(15) GFCI: Ground Fault Circuit Interrupter.

(16) GRADE.

(a) For buildings or structures adjoining one street only, the elevations of the sidewalk at the center of that wall adjoining the street.

(b) For buildings or structures adjoining more than one street, the average of the elevations of the sidewalks at center of all walls adjoining streets.

(c) For buildings or structures having no wall adjoining the street, the average level of ground (finished surface) adjacent to the exterior walls of the building or structure. All walls approximately parallel to and not more than five feet from a street line are to be considered as adjoining a street.

(17) HABITABLE ROOM: Any room used for sleeping, living or dining purposes, excluding such enclosed places as kitchens, closets, pantries, bath or toilet rooms, hallways, laundries, storage spaces, utility rooms, and similar spaces.

(18) HEIGHT OF BUILDING. Height of building is the vertical distance measured at the center line of its principal front from the established grade or from the natural grade, if higher than the established grade, to the level of the highest point in the coping of flat roofs or the deck line of a mansard roof, or to the mean height of the highest gable of a pitched roof, or to half the height of a hipped roof. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured to the level of the highest point of the building.

(16) LINTEL. Lintel is the beam or girder placed over an opening in the wall which supports the wall construction above.

(17) LIVE LOADS. Live loads are all imposed, fixed or transient loads other than "dead loads".

(18 LOTS. A lot is a parcel of land having its principal frontage upon a street or alley and occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required by the Wisconsin State Building Code, this code and the zoning ordinances of the City of South Milwaukee.

(19 LUMBER SIZES AND GRADES. Lumber sizes and grades, whenever used in this code, mean nominal sizes. The actual sizes shall not be less than the sizes specified by the American Lumber Standards Committee. All grades shall be determined using American Lumber Standards as a basis.

(20) MASONRY. Masonry is that form of construction composed of monolithic concrete or of stone, brick, concrete, gypsum, hollow clay tile, concrete block or tile, or other similar solid or hollow incombustible building units or materials, or a combination of these materials laid up unit by unit and set in approved mortar.

(21) NEC: National Electric Code.

(22) OCCUPANCY PERMIT: A certificate allowing occupancy to a dwelling unit.

(23) THERMAL RESISTANCE OR R-VALUE: A measure of the ability to retard the flow of heat.

(20) BUILT-UP MASONRY. Built-up masonry is that form of construction composed of stone, brick, gypsum, hollow clay tile, concrete blocks or tile, or other similar solid or hollow incombustible building units or materials or a combination of these materials laid up unit by unit and set in approved mortar.

(21) MONOLITHIC MASONRY. Monolithic masonry is a homogenous mass of inert materials mixed with portland cement and constructed in one continuous operation.

(22) MOTOR VEHICLE. A motor vehicle is any self-propelling vehicle which is licensed to travel over the streets and highways. In calculating garage accommodations under this code, two-wheeled motorcycles shall be considered as the equivalent of one motor vehicle.

(23) REPAIR. Repair means the reconstruction or renewal of any part of an existing building for the purpose of its maintenance. The word "repair" or "repairs" shall not apply to any alteration.

(24) SHAFT. Shaft means a vertical opening through one or more floors of a building for elevators, dum waiter, light, ventilation, or similar purposes.

(25) SHALL. Shall, as used in this code, is mandatory.

(26) STORY.

(a) A story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. A basement shall not be considered a story unless the ceiling thereof is more than five feet above grade.

(b) Second Story. A building shall be considered a two-story building when the bearing walls extend more than three feet above the second floor or said wall is more than 17 feet high measured from the grade up. No two-story residence bearing shall have a height to exceed 22 feet measured from the lower edge of the first floor joists to the top of the wall.

(27) STRUCTURE. A structure is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

(28) VENEER. Veneer is the outer facing of brick, stone, concrete or tile attached to an enclosing wall for the purpose of providing ornamentation, protection or insulation which cannot be considered as adding to the strength of the walls.

(29) BEARING WALL. A bearing wall is a wall of which any portion supports a load other than its own weight.

(30) CURTAIN WALL. A curtain wall is a fire resistant non-bearing wall between columns or piers which are not more than one story or
18 times its thickness in height.

(31) ENCLOSING WALL. An enclosing wall is that portion of a building wall which is exterior to the lath, plaster and other interior wall finish.

(32) FIRE SEPARATION WALL. A fire separation wall is a wall of masonry or reinforced concrete which subdivides a building to restrict the spread of fire, but it is not necessarily continuous through all stories nor extended through the roof.

(33) INTERIOR WALL. An interior wall is a wall which is entirely enclosed by exterior walls of the building.

(34) NON-BEARING WALL. A non-bearing wall is a wall which supports no load other than its own weight.

(35) PANEL WALL. A panel wall is a non-bearing wall built between columns or piers and wholly supported at each story.

(36) PARAPET WALL. A parapet wall is that part of any wall entirely above the roof line.

(37) PARTY WALL. A party wall is a wall used or adapted for joint service between two buildings.

(38) RETAINING WALL. A retaining wall is any wall used to resist the lateral displacement of any material.

(39) PORTLAND CEMENT MORTAR. Portland cement mortar consists of one part portland cement to not more than three parts of approved sand, except that dry hydrated lime or lime putty in volume equal to not more than 15% of the volume of portland cement may be added to the mortar.

(40) LIME-CEMENT MORTAR. Lime-cement mortar consists of one part of dry hydrated lime or lime putty and one part of portland cement added to not more than six parts of approved sand, all measured by volume.

16.07 BUILDING PERMITS AND INSPECTION.
(1) No building or any part thereof shall hereafter be built, enlarged, altered or demolished within the city or moved into, within or out of the city (except as hereinafter provided) unless a permit therefore shall first be obtained by the owner or his agent as hereinafter provided. No building shall be repaired, altered or moved within or into the city that has deteriorated or has been damaged by any cause (including such moving and separation from its foundation and service connections in the case of moved buildings) 50% or more of its assessed value and no permit shall be granted to repair, alter or move such building within or into the city. The term "building" as in this code shall include any building or structure and any enlargement, alteration, moving or demolition of any building or structure; also any material alteration in the heating plant of any building. Application for a building permit shall be made in writing upon a blank form to be furnished by the Building Inspector and shall state the name and address of the owner of the building and the owner of the land on which it is to be erected, the name and address of the designer and shall set forth by legal description the land on which the building is to be located, the location of the building, the house number thereof, and such other information as the Building Inspector may require. With such application there shall be submitted to the Building Inspector a complete set of plans and specifications, including a survey or a plat plan. Plans shall consist of a floor plan for each of the floors of the proposed building, a basement floor plan (where a basement is required) four elevations of the building showing how the building will appear when constructed, and a typical section through the building showing all pertinent construction details. Specifications furnished shall indicate the type and quality of all materials as well as specific instructions relative to construction and/or installation of equipment. All plans shall be drawn to a scale not less than 1/8 inch per foot, on paper or cloth in ink, by some other process that will not fade or obliterate.

(a) Building Excavations Prohibited Before Permit is Issued. No excavation for a basement or foundation wall shall be made for the construction of a building within the City of South Milwaukee unless a building permit for such building shall have been obtained from the Building Inspector as provided in this chapter, prior to commencing any type of excavation.

Penalty. Any person, firm or corporation violating any of the provisions of this ordinance shall be fined not more than $20.00 and the costs of prosecution, and in default of payment thereof, shall be imprisoned in the County Jail for a period not to exceed 30 days.

(b) Whenever application is made for a building permit for construction work in an area previously declared blighted by the Common Council, the Building Inspector shall notify the City Plan Commission and the Common Council in writing of such application.

In the event the City Plan Commission recommends that the permit be denied and the Common Council finds that the intended use is not compatible with the rehabilitation of the blighted area, such permit application shall be denied.

When a permit is denied pursuant to this section, the applicant may appeal to the Building Board for a review of the determination in the manner provided in Section 16.285(4). Cr. 07/02/63, 731

(2) PLANS AND SPECIFICATIONS. All dimensions shall be accurately figured. Drawings that do not show all necessary details to enable the Building Inspector to intelligently inspect the same shall be rejected. In buildings of reinforced concrete construction, the plans shall show the girders, beams and slabs. All plans shall remain on file in the Office of the City Engineer until at least two years after the completion of the building, after which time the Building Inspector may return the same to the owner, or may destroy them. If, in the opinion of the Building Inspector, the character of the work is sufficiently described in the application, he may waive the filing of plans, provided the cost of such work does not exceed $1,000.00.

(3) BUILDING INSPECTOR TO ISSUE PERMITS. If the Building Inspector finds that the proposed building will comply in every respect with the ordinances of the city and all laws and lawful orders of the State of Wisconsin, he shall officially approve and shall issue a building permit therefore which shall be countersigned by the City Clerk and kept at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect, which involves any of the above mentioned ordinances, laws or orders, or which involves the safety of the building, except with the written consent of the Building Inspector filed with such application. In case adequate plans are presented, the Building Inspector may, at his discretion, issue a permit for a part of the building before receiving the plans and specifications for the entire building. It shall be unlawful to commence work on any building or alteration before the building permit has been issued. The issuance of a permit upon the plans and specifications shall not prevent the Building Inspector from thereafter requiring the correction of errors in said plans and specifications or from preventing building operations being carried on thereunder when in violation of the Wisconsin State Building Code, this code or any ordinances of the City of South Milwaukee, or laws of the State of Wisconsin. No permit presuming to give authority to violate or cancel the provisions of the city ordinances or the laws of the State of Wisconsin shall be valid except insofar as the work or use which is authorized is lawful.

(4) WEATHERPROOF CARD TO BE POSTED BY APPLICANT. With every permit issued, the Building Inspector shall issue to the applicant a weatherproof card, properly filled out. It shall be the duty 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 15 feet above the grade.

(5) WHEN PERMIT TO LAPSE. A building permit shall have lapsed and be void unless building operations are commenced within four months of the date thereof, or if the building or work authorized by such permit is suspended at any time after the work is commenced, for a period of 60 days. Before such work can be re-commenced, a new permit shall first be obtained at regular fee rate or a lapsed permit may be reinstated by the City Engineer within 60 days after such permit shall have lapsed, and when reinstated shall lapse and be void if building operations are not commenced within four months after the date of reinstatement thereof, or if there is a cessation of building operations of more than six months, continuously or intermittently, after the reinstatement thereof. This provision shall not apply if the delay is caused by a strike or an act of God.

(6) INSPECTOR MAY REVOKE PERMIT. If the Building Inspector shall find at any time that the above mentioned ordinances, laws, orders, plans and specifications are not being complied with, he shall revoke the building permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work upon such building until the permit is re-issued, excepting such work as the Building Inspector shall order to be done as a condition precedent to the re-issuing of the permit.

(7) PERMIT NOT NECESSARY FOR MINOR REPAIRS. This code shall not be construed to require a permit for any repairs or minor alterations, which do not change the occupancy, area, structural strength, fire protection, exits, light or ventilation of the building and which do not exceed $500.00.

(8) FEES TO BE PAID BY APPLICANT. Before receiving a building permit, the owner or his agent shall pay the fee determined by resolution of the Common Council. In the event work is commenced before a permit is obtained, the fees shall be double the fee otherwise designated. Rep. & Recr. 02/22/89, 1422; 8 (a) & 8 (b) Rep. & Recr. 01/07/92, 1503; Rep. & Recr. 04/21/98, 1705

(9) DUTY OF POLICE. It shall be the duty of all police officers to report at once to the building Inspector any building within their respective districts at which building operations are being carried on without a building permit as required by this code.

(10) COMPLETION OF CONSTRUCTION. Every structure for which a building permit has been issued shall be completed within a reasonable time but in no case later than one year after the issuance of the permit unless the Building Inspector has certified on the permit that the structure is of such a nature that more than one year is reasonably required for its completion. Each permit issued under this chapter shall lapse unless the structure for which it is issued has been certified by the Building Inspector to be one for which more than one year construction is reasonably required in which case the Building Inspector shall determine the length of the permit but in no case shall the inspector certify a length greater than 24 months. Rep. & Recr. 8/1/00, 1775

16.08 INSPECTIONS REQUIRED.
(1) FOOTINGS & FOUNDATION INSPECTION. Footings inspection is required before the footing is poured. The foundation inspection is to be made after completion of footing and
foundation walls. No flooring shall be laid nor shall any back-filling be done until the foundation inspection is made and the work approved. Rep. & Recr. 8/1/00, 1775.

(2) FRAME INSPECTION. Frame inspection is to be made after the roof, all framing, fire blocking and bracing is in place and all pipes, chimneys and vents are complete. Rep. & Recr. 8/1/00, 1775.

(3) FINAL INSPECTION - CERTIFICATE OF OCCUPANCY. The Building Inspector shall make a final inspection of all new buildings, additions and alterations. If no violation of this or any other ordinance, law or lawful order be found, the Building Inspector shall issue a certificate of occupancy stating the purpose for which the building is to be used, also each floor thereof. No building or part thereof shall be occupied until such certificate has been issued except with the written consent of the Building Inspector; nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy. Rep. & Recr. 8/1/00. 1775. .

16.09 APPEAL TO COMMON COUNCIL FROM INSPECTOR'S RULING. Any person feeling himself aggrieved by any order of ruling of the Building Inspector may appeal from such ruling to the Common Council within 10 days after written notice of such ruling shall have been delivered to him, such appeal to be in writing setting forth the order appealed from and the reason why appellant claims that said order or ruling is incorrect or illegal. Said notice of appeal shall be filed with the City Clerk and shall be heard at the next Regular Meeting of the Common Council, whereupon the said Common Council shall affirm, reverse or modify said ruling. The ruling or order of the Inspector shall be enforced until changed by the Common Council.

16.101 SUBSTITUTES FOR BUILDINGS.
(1) The placing, erection or maintenance upon any lot or real estate within the corporate limits of the City of South Milwaukee, of any wagon, car, tent, trailer, shed or any other substitute for a building, used or to be used for residential purposes or for the display or sale of food or of other merchandise or used for any business is hereby prohibited.

(2) USES OF UNFINISHED PREMISES FOR RESIDENCE. It shall be unlawful to erect a house, consisting of a basement only, for residential purposes, and it shall be unlawful to occupy said premises for residential purposes.

(3) PENALTY. Any person, firm or corporation violating any of the provisions of this ordinance shall be fined not more than $200.00, and the costs of prosecution, and in default of payment thereof, shall be imprisoned in the County Jail for a period not to exceed 30 days.

16.12 FOOTINGS, FOUNDATIONS.

Except as herein provided, every building constructed in the City of South Milwaukee, including garages and outbuildings, shall have a footing or a solid concrete floor. Footings shall not be less that four feet below finish grade. Reinforced concrete slab foundation poured in one operation may be used when acceptable to the Building Inspector. Accessory buildings (sheds) with a floor area of 100 sq. ft. or less can be constructed without a footing or solid concrete floor when the building inspector determines that due to the nature, construction materials and size of the structure footings or concrete floor is not required to insure the building's safety and permanence..

16.17 FRAMING DETAILS.

(1) HORIZONTAL MEMBERS.

(a) Girders and beams where entering or resting on masonry walls shall have a bearing of at least four inches.

(b) Wood members entering masonry party or fire walls shall be separated from the opposite side of the wall and from beams entering the opposite side of the wall by four inches of masonry. The ends of joists, beams and girders shall be splayed or firecut to a level of not less than three inches in their depth. Where wood joists rest on the top of a masonry wall, the ends of such joists shall be properly spiked to a two inch plank the same widths as the joists; the joists shall be properly beam filled to provide anchorage to the masonry wall.

(c) Where the outside walls are built of masonry, anchors for each tier or joists shall be provided where they enter masonry walls, and also when they are parallel to masonry walls. Such anchors shall be 3/4 inch round iron, or equal, not less than 36 inches long, fitted with a 3/4 inch by 10 inch pin at the wall end and shall be spaced not more than six feet apart. The pin shall be placed vertically in the wall and four inches from the opposite face of such wall. Such anchors shall in all cases occur on the opposite ends of the same run of joists, and where the length of joists is less than the distance across the building, the ends of joists shall be lapped and spiked so as to form a continuous tie across the building. Anchors shall be placed across the top of joists that run parallel to the wall, and shall be fastened to the ends of joists below the neutral axis.

(d) Floor joists shall be supported by beams, bearing partitions or walls. Where entering exterior stud walls, the joists shall be supported by a ribbon set into the studs if no plate is provided. Joists shall be well nailed to supporting studs.

(e) Joists under bearing partitions and running parallel thereto shall be doubled and well spiked or separated by solid bridging not more than 16 inches on center to permit the passage of pipes.

(f) Wood cross bridging shall be placed between joists if the span is over eight feet. The distance between bridging or between bridging and bearing shall not exceed eight feet. Bridging shall be at least one inch by three inches in size.

(g) Metal cross bridging of equal or greater strength may be used in the place of wood across bridging.

(h) Cutting of wood girders, beams or joists shall be limited to cuts and bored holes not deeper than 1/5 the beam depth below the top and located not further from the beam end than three times the beam depth. There shall be no cutting or notching the underside of any required size beam or joist.

(2) STUD FRAMEWORK.

(a) Where partition studs do not rest on walls or beams, stud partitions shall be provided with sills or plates with dimensions not less than the studs.

(b) In bearing partitions, the top plate shall be doubled and lapped at each intersection. Joints in the upper and lower members of the top plate shall be staggered not less than 32 inches.

(c) Studs in bearing walls and bearing partitions shall be not less than 1-5/8 x 3-5/8 inches in size with the 3-5/8 inch dimension at right angles with the plane or wall partition. Angles at corners where stud walls or partitions meet shall be framed solid so that no lath can be extended from one room to another.

(d) Stud partitions containing plumbing, heating or other pipes shall be framed to accommodate such equipment.

(e) Wood lath, furring or framing shall be placed not less than two inches from any chimney and not less than four inches from back of any fireplace.

(3) ROOF FRAMING.

(a) Valley and hip rafters shall be two inches wider than the common rafters, where dormers or gables are over six feet in width, the valley rafter shall run through to the ridge of the main roof; where the ridge of the dormer gable is below the ridge of the main roof, one valley rafter shall run through the ridge of the main roof.

(b) Metal flashings shall be placed around all openings in end extensions of mechanical appliances or equipment through the roof.

(c) Collar beams shall be provided when rafters are 16 feet or over measured from the ridge to the bearing plate. Such collar beams shall be not less than two inches by four inches and shall be placed not more than 32 inches center to center.

(4) TRUSSES.

(a) Wood trusses and truss framing shall have all joints accurately cut and fitted together so that each bearing is true and drawn tight to the full bearing. All such trusses shall be properly secured in place by lateral bracing.

(b) Washers of sufficient size to distribute the loads properly shall be used in connection with rods or metal members. Before a truss is loaded, the tension rods shall be properly adjusted.

16.19 DETACHED PRIVATE GARAGES.

(2) Detached private garages shall have no living rooms in connection therewith.

16.21 PERMIT FOR HEATING APPARATUS. Before proceeding with the construction, erection, alteration or remodeling of any boiler, furnace, oven or range, included in this code, or for any repairs or alterations of same, exceeding $25.00 in cost, a permit shall first be obtained from the Building Inspector by the heating contractor for such boiler, furnace, oven or range, except kitchen or laundry ranges or stoves in private residences. Before the Building Inspector shall issue the permit, an application shall be filled with him by the heating contractor specifying in detail the work to be done. If the application shows that such installation, remodeling, altering or repairs are to be done in conformity with the provisions of this code, the Building Inspector shall approve of the same and shall issue a permit to the applicant for which the fee determined by resolution of the Common Council shall be charged in accordance with paragraph 2 of subsection (8) of Section 16.07 of the Code.

16.215 AIR CONDITIONING AND REFRIGERATION SYSTEMS.
(1) PERMIT REQUIREMENTS.

(a) Permit Required. Except as hereinafter provided, before proceeding with the construction, erection, or installation of any air-cooled, water-cooled, or mechanically-cooled air conditioning or refrigeration system or unit in or to serve any building, a permit shall first be obtained from the Building Inspector, fee as set forth in Section 16.07(i).

(b) Permits shall not be required for the installation of any air conditioning or refrigeration system or unit that does not use water for cooling and where the source of operating power is obtained by plugging in an electrical cord connection to an electrical outlet. This paragraph shall be applicable to portable units.

   (c) Application for a permit shall be made by the installing contractor upon a form provided by the Building Inspector, shall be filled out completely and shall provide the following information:
     (1) Name and address of contractor.
    (2) Location of premises where installation is proposed.
    (3) Name and address of owner.
    (4) Location of unit on premises including distance to lot lines for exterior apparatus.
    (5) Manufacturer's identification, classification and size of unit.
    (6) Nature of coolant.
    (7) If water-cooled, source of water and method of discharging wastewater. (Refer to Plumbing Inspection Department.)
    (8) Where water conservation devices are required, manufacturer's name, identification, classification, and size of equipment.
    (9) Such additional information as shall be required by the Building Inspector.

(2) EXTERIOR STRUCTURES. Where any unit of an air conditioning or refrigeration system is located outside of the structure, said unit shall comply with setback requirements as set forth in the Zoning Ordinance and said location shall be subject to approval of the Building Inspector. Said location shall not by noise or sight be detrimental to adjoining property. Cr. 03/19/69, 875

16.24 FLAMMABLE LIQUIDS - STORAGE AND EQUIPMENT: Renumbered 8/1/00 See Section 27.26(C).

16.25 ALTERNATE MATERIALS AND TYPES OF CONSTRUCTION.
(1) The provisions of this Code are not intended to and do not prevent the use of types of construction or materials offered as an alternative for the types of construction or materials required by this Code but such alternate types of construction or materials to be given consideration shall be offered for approval as specified in this section.

(2) Any person desiring to use types of construction or materials not specifically mentioned in this Code shall file with the Building Inspector authentic proof in support of such types of construction and materials and request approval and permission for use of same.

16.26 ORDER TO STOP WORK. Whenever any building work is being done contrary to the provisions of this Code or is being done in an unsafe or dangerous manner, the Building Inspector may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the Building Inspector to recommence and proceed with the work.

16.27 WHEN A USE OR OCCUPANCY SHALL BE DISCONTINUED AND A BUILDING OR PORTION THEREOF VACATED. Whenever any building or portion thereof is being used or occupied contrary to the provisions of this Code, the Building Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to discontinue such use or occupancy and such person shall vacate such building or portion thereof within 10 days after receipt of the notice or making the building or portion thereof comply with the requirements of this Code on use and occupancy.

16.28 CONDEMNATION OF UNSAFE STRUCTURES.
(1) The Building Inspector is hereby designated and authorized to act for the City of South Milwaukee under the provisions of Section 66.05 of the Wisconsin Statutes relating to the razing of buildings. The said Building Inspector shall act for the City under said statutory provisions except as to the assessment and collection of the special tax therein provided for.

(2) Anyone affected by any such order may apply to the Circuit Court for an order restraining the Building Inspector from razing and removing such building or part thereof. (Section 66.05(3) of the Wisconsin Statutes.)

(a) Owner May Appeal From Inspector's Order - Arbitrators to Decide. If in any case any order made by the Building Inspector in pursuance to this section is not acceptable to the owner or tenant affected thereby, such owner or tenant shall have the right of appeal, to-wit: The objections to and the necessity for and reasonableness of such order may be submitted to three reputable builders, one to be chosen by the owner or the tenant to which said order of the Building Inspector applies, one chosen by the Common Council and the third by the other two who shall act as arbitrators. The arbitrators herein provided for shall affirm or modify the order of the Building Inspector and shall submit their decision within five days from the date of their appointment unless such time be extended by mutual agreement of such owner or tenant and the Common Council shall be endorsed by said Common Council in the manner provided for in this section. Until the rendering of such report by the arbitrators, changing or modifying the order of the Building Inspector, the order of the Building Inspector as first issued shall be in full force and effect. An election to proceed by arbitration under this section shall be construed as a waiver of the right to proceed by an appeal under the following section.

When the owner or tenant requests the appointment of such arbitrators, he shall deposit with the City Treasurer the sum of $12.00. If the decision of the arbitrators shall be favorable to the owner or tenant, such $12.00 shall be returned to him and in said event the City shall pay each member of the Board of Arbitrators the sum of $4.00. If the decision is against the owner, the $12.00 paid by him shall be paid to the Board of Arbitrators in equal shares.

(b) Owner May Appeal to Court. Any owner or tenant dissatisfied with any order or regulation of the Building Inspector under the provisions of this section may commence within 10 days after the service of such order or regulation of an action in the Circuit Court of Milwaukee County against the City to vacate and set aside any such order or regulation on the ground that such order is not necessary for the protection of the public as herein provided, which said action shall proceed as all other actions commenced in the Circuit Court.

16.285 BUILDING BOARD. Rep. & Recr. 11/06/73, 976
(1) There is hereby created one Building Board within each of the four (4) Aldermanic Districts in the City, each with its own power to approve or deny plans for the construction of, or additions to, buildings or structures within each of said districts. Each Building Board shall consist of a minimum of three residents of the Aldermanic District they represent selected from time to time by nomination of the Mayor, subject to confirmation by the Common Council. Each appointee shall hold office for a term of three years or until his successor is appointed and qualified. The City Building Inspector shall act as secretary to such Boards.

(2) MEETINGS. Each Board shall meet together at a designated place and time at least twice a month unless notified at least three days in advance by the Building Board Secretary that there are no matters to come before said Board. The Board shall approve of or deny plans for the construction of, or additions to buildings or structures. Such Board shall, in writing, within 15 days after receipt of an application for a building permit, make or refuse to make the findings required under Section 16.285(3) and shall file the same within the Building Inspector. All decisions shall be made by at least a quorum of such Board. Such Board may adopt such other rules or procedures as are necessary and reasonable for the conduct of its duties.

(3) POWERS OF THE BOARD. No building permit shall be issued for any building or structure for which a building permit is required unless it has been found as a fact by a majority vote of the Building Board, after a view of the site of the proposed structure and an examination of the application papers for a building permit (which shall include drawings of the exterior elevations of the proposed structure) that is the exterior architectural appeal and exterior functional plan of the proposed structure will, when erected, not be so at variance with, nor so similar to either the exterior architectural appeal or the exterior functional plan of the structures already constructed, or in the course of construction, in the immediate neighborhood, or the character of the zoning district established by Chapter 15 of this Code as to cause a substantial depreciation in the property values of the neighborhood within the applicable zoning district.

(4) APPEALS. Any person aggrieved by an action or failure to act on the part of the Building Board may, within 10 days of the decision of the Building Board, appeal such decision to the Board of Zoning Appeals of the City of South Milwaukee in accordance with the provisions of Section 15.18(C). Review of the Building Board decision shall be based upon the record and such other testimony as the Board of Appeals may deem necessary. The Board of Appeals may affirm the decision or it may reverse or modify it if the Board finds that substantial rights of the applicant have been prejudiced as a result of the Building Board findings, conclusions or decisions being unsupported by substantial evidence in view of the entire record, or finds the Building Board decision to be arbitrary or capricious.

16.286 BUILDING INSPECTION COMMITTEE. Cr. 11/15/49, 398; Rep. & Recr. 04/08/98, 1702
(1) There is hereby created a committee to be known as "Building Inspection Committee" consisting of the City Engineer, the Fire Chief, and the Medical Advisor, or their designees. This committee shall inspect those buildings which have been destroyed, condemned, or have been otherwise deemed unfit for human habitation and use and which require reconstructive work of more than 50% of the square footage of the structure.

(2) The committee shall inspect the building in question prior to the issuance of permits and prior to the commencement of any work, with the exception of: (i) the issuance of a demolition permit, (ii) the complete removal of the structure, or (iii) any work deemed necessary by the Building Inspector to ensure the safety of the public. Upon completion of its inspection, the committee shall submit a detailed report including the present interior and exterior conditions, the extent of damages or conditions, and the proposed plans for reconstruction to the Plan Commission.

(3) No permit shall be issued for the reconstruction of the structure in question unless the Plan Commission approves such reconstruction.

(4) No building or structure as described above shall be granted permits unless the proposed work results in the following:

(a) The building is made structurally safe, fireproof, and weatherproof.

(b) The building is provided with sanitary facilities as per state code and use.

(d) Any change in use shall conform with local zoning restrictions and state building codes.

(e) If the structure in question is a public/commercial building, it is made to comply with the ADA accessibility requirements.

16.29 CITY NOT LIABLE. This Code shall not be construed as placing any liability on the City of South Milwaukee for damages to anyone injured or to any property damaged or destroyed as a result of the improper location of any building, or any defect in any building, or any defect in any equipment in any building.

16.30 MOVING OF BUILDINGS.
(1) APPLICATION FOR PERMIT.

(a) Every application for a permit to move a building shall set forth in detail a description of the construction at the present time, its use and location, also the new location with diagram of the lot showing the new location, and any existing buildings thereon, the substructure that it is to be placed upon, the use intended in the future and the route to be traversed in the moving. No permit shall be issued by the Building Inspector until the Common Council of the City of South Milwaukee has by a majority vote approved said application for a permit.

(b) The applicant shall file with the application a bond in the sum of $2,000.00, payable to the City of South Milwaukee, with good and sufficient sureties to be approved by the Mayor and City Attorney, conditioned to save and keep the City of South Milwaukee harmless from all liability, and will indemnify the City of South Milwaukee against any and all judgments, claims of every nature whatsoever, costs and expenses resulting from the moving of said proposed building. In addition to said bond, said applicant shall file a duplicate policy of liability insurance, which policy shall name the City of South Milwaukee as a party assured and shall insure the City of South Milwaukee against liability in the amount of $10,000.00 for damage to property and $20,000.00 for damage arising out of personal injuries or death.

(c) The removal of a building shall be continuous during all hours of the day, and day by day, and at night if the Building Inspector and City Engineer so order, until completed with the least possible obstruction to thoroughfares. No building shall be allowed to remain over night upon any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant. Lighted lanterns displaying a red light shall be attached to every building being moved along street during the period from 30 minutes after sunset to 30 minutes before sunrise.

(d) No permit shall be granted for the moving of any structure that has deteriorated or been damaged from any cause 50% or more of its original value. No wood, frame building shall be moved from without to within the fire limits or into a new location unless the building is of a construction and kind permissible for new buildings in such location or district and complies with all of the requirements of the Building Code and Ordinances of the City of South Milwaukee.

(e) Every person receiving a permit to move a building shall, prior to the time of the issuance of the permit, deposit the sum of $100.00 with the City Treasurer to cover possible expenses which might be incurred in order to repair damaged pavement. Every person receiving a permit to move a building shall within one day after said building reaches its destination report to the Building Inspector who shall notify the City Engineer. The City Engineer shall thereupon inspect the streets over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to the streets, the house mover shall forthwith place them in as good repair as they were before the permit was granted. Upon the failure of the permit holder to repair such damage within 10 days thereafter to the satisfaction of the City Engineer, the City Engineer shall have the damage done to such streets repaired and pay for the same from out of the money deposit given by the permit holder responsible for the damage of the street.

(2) FEES.

(a) The permit fee for moving a building to be located in the City of South Milwaukee or relocated within such City or relocated outside of such City, shall be $25.00 for any building having a floor area of 500 sq. ft. or less, and not more than one story in height. For all other buildings, such permit fee shall be $100.00.

(b) In cases where any building is moved through the City of South Milwaukee, the same must be done on a trailer with pneumatic tires and the permit fee shall be as follows: $100.00 for the first such building so moved for an owner during any calendar year and $20.00 for each additional building so moved for the same owner and over substantially the same route during the calendar year.

16.31 VIOLATION - PENALTIES.
(1) VIOLATION. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, demolish, convert, equip, use or occupy, or maintain any building or structure in the City of South Milwaukee contrary to or in violation of any provision of this Code, or to cause, permit, or support the same to be done.

(2) PENALTIES. Any person, firm or corporation who shall violate any of the provisions of this Code shall, upon conviction, pay a fine of not less than $1.00 nor more than $200.00 and the costs of prosecution for each offense, and in default of payment of such fine shall be confined in the House of Correction for a period not to exceed 60 days. Each day a violation continues constitutes a separate offense. Rep. & Rec.8/1/00, 1775

16.32 INVALIDITY OF PART.
(1) If any section, subsection, paragraph, clause or provision of this Code shall be adjudged invalid, such adjudication shall apply only to the provisions so adjudged, and the rest of this Code shall remain valid and effective.

(2) If any provision of this Chapter of the South Milwaukee Code shall conflict with any provision of Chapter 15 hereof relative to zoning, or any provision of the Wisconsin Statutes, such provision of Chapter 15 or the Wisconsin Statutes shall govern.

16.50 ESTABLISH MINIMUM BUILDING CODES TO ENSURE THE SAFETY OF EXISTING PREMISES WHICH BECOME DILAPIDATED OR BLIGHTED. Cr.05/20/97, 1669

(A) PURPOSE & INTENT: It is hereby found and declared that premises exist within the City of South Milwaukee which are blighted because there exists upon these premises, buildings and or other structures, either occupied or unoccupied by humans, a lack of proper design and construction, maintenance and repair, sanitary facilities, adequate light and ventilation, heating facilities, or any combination of these factors. These conditions have resulted in buildings and structures becoming so deteriorated, dilapidated, neglected, or unsanitary as to jeopardize or be detrimental to the health, safety, and welfare of the people of the City of South Milwaukee. That the above conditions existing on such premises necessitate excessive and disproportionate expenditures of public funds for public health and safety, crime and fire protection, and other public services; and that these conditions cause a drain upon public revenue and impair the efficient and economical functions in such areas. It is hereby further found and declared that the elimination of blighted premises in the future is in the best interests of the citizens of South Milwaukee, and that the accomplishment of this will be fostered and encouraged by the enactment and enforcement of this chapter. The enactment and enforcement of this chapter is hereby declared to be essential to the public interest, and it is intended to be liberally construed to effectuate the purpose as stated herein.

(1) Whenever the Building Inspector shall have probable cause to believe that a building is not in compliance with the following provisions, the Building Inspector or any of his/her designees may make inspections to determine the condition of dwellings, dwelling units, and premises located within the City to safeguard the health and welfare of the occupants of the dwellings and of the general public. Except in the event of an emergency, interior inspections shall be conducted with the consent of the owner or one with legal authority to consent or upon a warrant issued by the municipal court or circuit court judge. The Building Inspector shall seek a warrant only on the written report of an adult or his own personal observation. Any written complaint which is not signed will be disregarded.

(2) Probable Cause: An inspection warrant shall be sought only where the owner or occupant has refused to consent to the inspection and where the inspector satisfies the court that based on his/her personal observations or on the report of one whom he believes to be reliable and who is reporting from his/her own personal observations that the premises are a health or safety hazard to the occupants or the surrounding community or that the building has become so out of repair as to be a blight upon the neighborhood.

(D) INSPECTION OF NONRESIDENTIAL PROPERTIES:

(1) Inspection by Building Inspector. The Building Inspector or any of his/her designees shall make inspections to determine the condition of nonresidential properties and premises located within the City to safeguard the health and welfare of the occupants and of the general public.

(2) Pre-occupancy Inspections: Inspections of nonresidential premises, or part thereof,shall be performed by the applicable officers or his/her designee, prior to any change in the occupancy of any business at said premises. To insure that the pre-occupancy inspection effectively addresses all appropriate repairs or modifications and that the use of the property is a use permitted under the applicable provisions of the zoning code, a new occupancy permit must be obtained by each new occupant prior to occupying any nonresidential premises. Amended 8/1/00,1775

(E) ENFORCEMENT: The Building Inspector or his/her designee shall enforce this code and shall be responsible for its interpretation where necessary. Any owner who, having received an order to correct conditions under this code who fails to correct those conditions when and as ordered shall, upon conviction, be subject to a forfeiture of not less than $10.00 nor more than $1,000.00 per day for each day the failure to correct the condition continues beyond the time granted in the order for repair of the condition.

(F) ISSUANCE OF ORDER IN EMERGENCY: If the Building Inspector, Health Inspector, or Fire Inspector, or their designees determine that a hazardous condition exists which requires immediate action to protect the public, public property or private property from serious harm, that officer may issue such orders as he/she deems necessary to protect the public, public property or private property. Such an order shall recite the basis for the determination that an emergency exists and the order may require immediate response to repair the hazardous condition.

(G) MINIMUM REQUIREMENTS FOR RESIDENTIAL PROPERTIES: Upon inspection the following standards shall apply and where appropriate, the order for correction may prohibit occupancy of any dwelling unit which does not meet the following minimum standards:

(1) Residential units constructed after June 1, 1980 are required to comply with the state codes for the year the unit was constructed. Any remodeling or alterations done without a required permit must conform to current codes.

(2) Residential unit constructed prior to June 1, 1980 are required to comply with the following minimum standards. Any remodeling or alterations done without a required permit must conform to current codes.

(a) BUILDING EXITS: Every exit from a dwelling unit shall comply with the following requirements:

(i) Exit doors and passageways shall be kept in a reasonably good state of repair and operational.

(ii) Exit doors and passageways shall be unobstructed at all times.

(iii) Every dwelling unit shall have at least two exits to the exterior from the first floor. Exits located in the same room shall be counted as one exit.

(iv) Every dwelling unit in excess of one story, shall be provided with a minimum of two exits per floor. One exit may be a stairway/ stairways which leads to the first floor or discharges to grade or an approved balcony/platform. Except when the second floor is the lowest level of the dwelling unit, windows with a net clear opening of 20 inches in width and 24 inches in height and a maximum sill height of
46 inches shall be counted as an exit.

(v) Basement areas not used for sleeping shall be provided with one means of exit. Basement areas used for sleeping purposes shall be provided with at least two exits. Windows which meet the requirements for second floor exiting shall be counted as an exit.

(b) ROOMS: Sleeping areas/habitable rooms must have a minimum of 75 square feet of area. All rooms shall be in safe and sanitary condition.

     (i) Dwelling Entrances
     (ii) Bathrooms
     (iii) Bedrooms

(d) WINDOWS: Every habitable room shall be supplied with a minimum of one window and shall comply with the following:
(i) Glass areas must be free of holes or cracks and must be supplied with proper glass or a suitable replacement.

(ii) Windows shall be in good condition, structurally sound, and free of deterioration.

(iii) When operable type windows are present and/or required, the window shall be in good operating condition.

(e) STAIRS AND ELEVATED AREAS: Stairs and elevated areas shall comply with the following:
(i) Structurally sound and in good condition

(ii) Treads and Risers: Stairs shall have uniform treads and risers, with a maximum variance of 1".

(iii) All stairs of more than three risers shall be provided with at least one handrail.

(iv) Stairs five feet in width or more shall have handrails on both sides.

(v) Handrails shall be provided for all open side stairways

(vi) All openings between floors, balconies, decks, etc. which are in excess of 24 inches above grade or a floor, shall be protected with guardrails, located at least 36 inches above the floor.

(f) FIRE PREVENTION/SEPARATION/PREVENTION: The following requirements must be complied with to prevent the spread of fire:
(i) Smoke Detectors: Smoke detectors, shall be required in areas used for sleeping. At least one smoke detector, hardwired or battery operated, per level is required.

(ii) Fire Separation: Common walls of dwelling units and attached garages shall have a fire rating of 3/4 hour.

(iii) Common doors of dwelling units and attached garages shall have a fire rating of 20 minutes. (3) structures within ten feet of a dwelling unit must have a one hour separation rating.

(g) FOUNDATIONS/WALLS/ROOFS:
(i) All basements shall be provided with a concrete floor.

(ii) Foundation and support walls must be reasonably maintained and structurally sound. Where defects or structural integrity is believed to be present, repairs must be completed by a professional or the foundation must be analyzed by an engineer to verify the capacity.

(iii) Roof areas must be free of structural defects. Excessive areas of deterioration or apparent loss of structural integrity may require structural analysis.

(iv) All interior floor areas shall be structurally sound.

(h) ENVIRONMENTAL:
(i) Required Window Area: Every habitable room shall have a minimum of one window facing directly to the outdoors.

(ii) Ventilation: Every habitable room shall have at least one window capable of being opened easily. The total operable window area shall be equal to at least 50% of the minimum window area size.

(iii) All operable windows shall be supplied with effective storms and or screens.

(j) ENERGY.
(i) Doors and windows shall be reasonably weather tight, free of holes, and rodent proof. The building official may require weather-stripping, or storm windows and doors to be installed if deemed necessary.

(ii) All dwelling units shall be supplied with a heating system that is in compliance with the following requirements:

(aa) All clearances to combustibles are properly met as required by state codes and manufacturer's specifications.

(bb) Ventilation system is properly maintained and installed.

(cc) Heating apparatus and ventilation system shall not emit unsafe values of gas into the home.

(dd) Ventilation system must be free of defects which may allow carbon monoxide to enter into the dwelling.

(ee) The heating system shall be capable of maintaining a 70 degree environment throughout the habitable areas of the dwelling from September 21 to June 21.

(k) SANITARY & PLUMBING.
(i) All plumbing installations shall conform to the state codes for the era it was installed. In the case of repairs or remodeling, all plumbing installations must comply with the applicable codes.

(ii) All sanitary fixtures (waterclosets, showers, sinks, etc.) shall be in proper working condition.

(iii) Minimum sanitary requirements; every dwelling unit, with the exception of rooming houses or other facilities where sanitary facilities are shared, which is used for living must contain the following:

      (aa) An approved kitchen sink
      (bb) A toilet
      (cc) An approved bathing/showering area
      (dd) an approved lavatory basin

(iv) Water heating facilities/capacities; Every kitchen, bathroom and laundry room shall be supplied with hot water. Hot water shall be supplied by a heating system capable of heating water to a minimum of 100 degrees Fahrenheit. Heating systems shall have a capacity sufficient for the occupants.

(m) ELECTRICAL SYSTEMS.

(i) Service Evaluation/Update; electrical services for residences must meet the following:

(aa) Electrical services must be capable of handling load requirements, as per NEC and must be in safe condition.

(bb) Electrical services must comply with NEC guidelines.

(ii) Outlet Requirements: Electrical outlets shall be operational and correctly wired. The following are minimum outlet requirements. These minimums may be reduced by the Building Inspector when he deems such reduction will not jeopardize the safety of the occupants.

(aa) Kitchens: Counter top spaces shall be supplied with a minimum of one outlet for every separate counter surface.

(bb) Bathrooms: Bathrooms shall be supplied with a minimum of one outlet.

(cc) Bedrooms: A minimum of two outlets per 100 square feet of floor area, excluding closets, is required.

(dd) Other Habitable Rooms: Habitable rooms, except as indicated above, shall have a minimum of two outlets per 150 square feet of floor area.

(iii) Lighting Requirements: Lighting shall be supplied, in working condition, and be in compliance with state and national codes. Lighting shall be installed in every habitable room, bathrooms, hallways, stairways, and at all outdoor entrances or exits if the Building Inspector deems such entrance/exit lighting necessary.

(H) ITEMS OF MAINTENANCE.
(1) Exterior Maintenance: All exterior surfaces shall be free of loose, cracked, missing or deteriorating materials. Surfaces shall be maintained and resurfaced as necessary. Exterior building elements shall be free of deteriorating, unsafe, unsanitary, or unsightly conditions.

(2) Property Maintenance: All yard areas shall be maintained and free of excessive debris. Properties must be maintained so as not to create an unsafe, unsanitary or unsightly area for the surrounding community.