Chapters SPS 320 to 325 Appendix A
UDC Appendix
320.04 (6) – Dwelling Separations
Normally, for 3 or more attached dwelling units, the Commercial Building Code (CBC) applies. Attached means some construction (other than footings and their bearing material) is shared by the units.
Where 3 or more adjacent but unattached dwelling units are each built with the outside walls that comply with the Uniform Dwelling Code (UDC), the UDC applies throughout and the CBC does
not apply, even if those outside walls are adjacent to or adjoin each other. If flashing is added over the top of two such adjoining walls, the UDC would still apply.
Model Ordinance for Adoption of Wisconsin Uniform Dwelling Code
It is intended that this model will assist local jurisdictions, working with corporation counsel, through regular procedures, in adopting a local ordinance. The Wisconsin Division of Industry Services also offers an electronic version of this model ordinance and a more comprehensive model building code on our website at
http://dsps.wi.gov/programs/industry-services, on the One- and Two-Family (Uniform Dwelling Code) program page. Upon adoption of a new building code, send a certified copy to the Division of Industry Services, P.O. Box 2658, Madison, WI 53701-2658, or fax it to (608) 283-7457, along with the name of your certified inspector(s).
Town, Village, City, County of ______________________.
ORDINANCE #
CONTENTS
1.1 Authority
1.2 Purpose
1.3 Scope
1.4 Adoption of Wisconsin Uniform Dwelling Code
1.5 Building Inspector
1.6 Building Permit Required
1.7 Building Permit Fees
1.8 Penalties
1.9 Effective Date
1.1
AUTHORITY. These regulations are adopted under the authority granted by s.
101.65, Wisconsin Statutes
[IF COUNTY ORDINANCE] This ordinance shall apply in any municipality of over 2,500 population without a Uniform Dwelling Code enforcement program and the following other municipalities requesting county enforcement: _____________ ________ and in the following other municipalities that the Wisconsin Department of Safety and Professional Services has delegated enforcement to our county .
1.2 PURPOSE. The purpose of this ordinance is to promote the general health, safety and welfare and to maintain required local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code.
1.3 SCOPE. The scope of this ordinance includes the construction and inspection of one- and two-family dwellings built since June 1, 1980.
[OPTIONAL] Not withstanding s.
SPS 320.05, the scope also includes the construction and inspection of alterations and additions to one- and two-family dwellings built before June 1, 1980. Because such projects are not under state jurisdiction, petitions for variance and final appeals under ss.
SPS 320.19 and
320.21, respectively, shall be decided by the municipal board of appeals. Petitions for variance shall be decided per s.
SPS 320.19 (intro.) so that equivalency is maintained to the intent of the rule being petitioned. As the board of appeals approves petitions for variance, the chief inspector is granted the power to apply the results to similar circumstances by precedent.
[OPTIONAL] Not withstanding s.
SPS 320.05, the scope also includes the construction and inspection of detached garages serving one and two family dwellings. The building structure and any heating, electrical or plumbing systems shall comply with the Uniform Dwelling Code. Petitions for variance and appeals shall be handled as in the previous paragraph.
1.4
WISCONSIN UNIFORM DWELLING CODE ADOPTED. The Wisconsin Uniform Dwelling Code, Chs.
SPS 320-
325 of the Wisconsin Administrative Code, and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this ordinance.
1.5
BUILDING INSPECTOR. There is hereby created the position of Building Inspector, who shall administer and enforce this ordinance and shall be certified by the Department of Safety and Professional Services, as specified by Wisconsin Statutes, Section
101.66 (2), in the category of Uniform Dwelling Code Construction Inspector. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing. (
NOTE: Contact the Department of Safety and Professional Services at (608) 261-8500 for certification information.)
1.6 BUILDING PERMIT REQUIRED. If a person alters a building in excess of [INSERT AMOUNT] $ value in any 12-month period, adds onto a building in excess of [INSERT VALUE or AREA AMOUNT] ____________ in any 12-month period, or builds or installs a new building, within the scope of this ordinance, they shall first obtain a building permit for such work from the building inspector. Any structural changes or major changes to mechanical systems that involve extensions shall require permits if over the foregoing thresholds. Restoration or repair of an installation to its previous code- compliant condition as determined by the building inspector is exempted from permit requirements. Residing, re-roofing, finishing of interior surfaces and installation of cabinetry shall be [CHOOSE OPTION] included/exempted from permit requirements.
(NOTE: Fill in the threshold amount above which permits are required. Also decide whether new interior and exterior surfaces or cabinetry shall be included or exempted.)
1.7 BUILDING PERMIT FEE. The building permit fees shall be determined by resolution and shall include $25.00 to be forwarded to the Wisconsin Department of Safety and Professional Services for a UDC permit seal that shall be assigned to any new dwelling.
1.8 PENALTIES. The enforcement of this section and all other laws and ordinances relating to building shall be by means of the withholding of building permits, imposition of forfeitures and injunctive action. Forfeitures shall be not less than $25.00 nor more than $1,000.00 for each day of noncompliance.
1.9 EFFECTIVE DATE. This ordinance shall be effective , upon passage and publication as provided by law.
1.10 The building inspector(s) shall keep a log of all inspections completed.
Adopted this , day of ,
_____________________________________
(Mayor, President, Chairperson)
Attest: _________________________
Published: ______________________
INSTRUCTIONS
The owner, builder or agents shall complete the application form down through the Signature of Applicant block and submit it and building plans and specifications to the enforcing jurisdiction, which is usually your municipality or county. Permit application data is used for statewide statistical gathering on new one- and two-family dwellings, as well as for local code administration.
Please type or use ink and press firmly with multi-ply form.
PERMIT REQUESTED
•
Check off type of Permit Requested, such as structural, HVAC, Electrical or Plumbing.
• Fill in owner's current Mailing Address and Telephone Number.
• If the project will disturb one acre or more of soil, the project is subject to the additional erosion control and stormwater provisions of ch.
NR 151 of the WI Administrative Code. Checking this box will satisfy the related notification requirements of ch.
NR 216.
• Fill in Contractor and Contractor Qualifier Information. Per s.
101.654 (1) WI Stats., an individual taking out an erosion control or construction permit shall enter his or her dwelling contractor certificate number, and name and certificate number of the dwelling contractor qualifier employed by the contactor, unless they reside or will reside in the dwelling. Per s.
101.63 (7) Wis. Stats., the master plumber name and license number must be entered before issuing a plumbing permit.
PROJECT LOCATION
• Fill in Building Address (number and street or sufficient information so that the building inspector can locate the site.
•
Local zoning, land use and flood plain requirements must be satisfied before a building permit can be issued. County approval may be necessary.
•
Fill in Zoning District, lot area and required building setbacks.
PROJECT DATA — Fill in all numbered project data blocks (1-14) with the required information. All data blocks must be filled in, including the following:
2.
Area (involved in project):
Basements — include unfinished area only
Living area — include any finished area including finished areas in basements
Two-family dwellings — include separate and total combined areas
3. Occupancy — Check only “Single-Family" or “Two-Family" if that is what is being worked on. In other words, do not check either of these two blocks if only a new detached garage is being built, even if it serves a one or two family dwelling. Instead, check “Garage" and number of stalls. If the project is a community based residential facility serving 3 to 8 residents, it is considered a single-family dwelling.
9.
HVAC Equipment — Check only the major source of heat, plus central air conditioning if present. Only check "Radiant Baseboard" if there is no central source of heat.
10. Plumbing — A building permit cannot be issued until a sanitary permit has been issued for any new or affected existing private onsite wastewater treatment system.
14. Estimated Cost — Include the total cost of construction, including materials and market rate labor, but not the cost of land or landscaping.
SIGNATURE — The owner or the contractor's authorized agent shall sign and date this application form. If you do not possess the Dwelling Contractor certification, then you will need to check the owner-occupancy statement for any erosion control or construction permits.
CONDITIONS OF APPROVAL — The authority having jurisdiction uses this section to state any conditions that must be complied with pursuant to issuing the building permit.
ISSUING JURISDICTION: This must be completed by the authority having jurisdiction.
• Check off Jurisdiction Status, such as town, village, city, county or state and fill in Municipality Name
•
Fill in State Inspection Agency number only if working under state inspection jurisdiction.
•
Fill in Municipality Number of Dwelling Location
•
Check off type of Permit Issued, such as construction, HVAC, electrical or plumbing.
•
Fill in Wisconsin Uniform Permit Seal Number, if project is a new one- or two-family dwelling.
•
Fill in Name and Inspector Certification Number of person reviewing building plans and date building permit issued.
INSPECTORS: PLEASE RETURN SECOND PLY WITHIN 30 DAYS AFTER ISSUANCE TO (You may fold
along the dashed lines and insert this form into a window envelope.):
Industry Services Division
PO Box 7302
Madison WI 53707-7302
(Part of Ply 4 for Applicants)
Cautionary Statement to Owners Obtaining Building Permits
101.65(lr) of the Wisconsin Statutes requires municipalities that enforce the Uniform Dwelling Code to provide an owner who applies for a building permit with a statement advising the owner that:
If
the
owner
hires a
contractor
to
perform
work
under
the
building
permit
and
the
contractor
is
not
bonded or
insured
as
required
under
s.
101.654 (2) (a),
the
following
consequences
might
occur:
(a) The owner may be held liable for any bodily injury to or death of others or for any damage to the property of others that arises out of the work performed under the building permit or that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.
(b) The owner may not be able to collect from the contractor damages for any loss sustained by the owner because of a violation by the contractor of the one- and two- family dwelling code or an ordinance enacted under sub. (1) (a), because of any bodily injury to or death of others or damage to the property of others that arises out of the work performed under the building permit or because of any bodily injury to or death of others or damage to the property of others that is caused by any negligence by the contractor that occurs in connection with the work performed under the building permit.
Cautionary Statement to Contractors for Projects Involving Building Built Before 1978
If this
project
is in
a
dwelling
or
child-occupied
facility,
built before
1978, and
disturbs 6
sq. ft.
or
more of
paint
per
room,
20
sq. ft.
or
more
of exterior
paint, or
involves
windows, then
the
requirements
of ch.
DHS 163 requiring
Lead-Safe
Renovation
Training
and
Certification
apply. Call
(608)261-6876
or
go
to the
Wisconsin
Department
of
Health
Services'
lead
homepage
for
details
of
how
to
be
in
compliance
Wetlands Notice to Permit Applicants
You are responsible for complying with state and federal laws concerning the construction near or on wetlands, lakes, and streams. Wetlands that are not associated with open water can be difficult to identify. Failure to comply may result in removal or modification of construction that violates the law or other penalties or costs. For more information, visit the Department of Natural Resources wetlands identification web page or contact a Department of Natural Resources service center.
Additional Responsibilities for Owners of Projects Disturbing One or More Acre of Soil
