Building Code., Chapter 13. Building Code, Municipal Code, Code of Ordinances, West Allis

(1)

Title. This Chapter shall be known as the "Building Code of the City of West Allis," and will be referred to hereinafter as "this Code."

(2)

Purpose. The purpose of this Code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, and through heating/HVAC, electrical, and energy standards for premises, structures, and equipment, and for the maintenance of the same, and for the safety of life and property from fire and other hazards attributed to the built environment.

(3)

Codes Adopted. The provisions of this Code shall adopt and supplement the laws and regulations of the State of Wisconsin Administrative Codes, such other codes as may be adopted below, and other City of West Allis Codes relating to building, electrical, plumbing, and HVAC construction, and include any future amendments, revisions or modifications thereto. By this section, these laws and regulations are made a part of this Code as if fully set forth herein. Where the requirements of the State Code, other adopted codes, or this Code are in conflict, the stricter requirements shall govern, unless otherwise defined by state law.

[Ord. O-2010-0010, 4/6/2010; Ord. O-2018-0028, 7/17/2018]

(a)

State of Wisconsin Administrative Code applicable to other than one- and two-family dwellings:

Department of Safety and Professional Services, Chapters SPS 361-366, Wisconsin Commercial Building Code. (The Wisconsin Commercial Building Code adopts with additions, deletions, insertions and changes, the 2015 International Building Code, 2015 International Energy Conservation Code, 2015 International Mechanical Code, 2015 International Fuel Gas Code and 2015 International Existing Building Code as published by the International Code Council, Inc.)

Department of Safety and Professional Services, Chapter SPS 375-379 Buildings Constructed Prior to 1914.

(b)

State of Wisconsin Administrative Code applicable to one- and two-family dwellings:

Department of Safety and Professional Services, Chapters SPS 320-325, Uniform Dwelling Code. This code reference shall be applicable to one- and two-family dwellings erected under a building permit issued after its effective date.

(c)

Other Codes Referenced:

City of West Allis Fire Prevention Code and codes adopted therein as referenced in City of West Allis Revised Municipal Code, Chapter 5.

City of West Allis Health Department Codes.

City of West Allis Electrical Code and codes adopted therein as referenced in the City of West Allis Revised Municipal Code, Chapter 14.

City of West Allis Plumbing Code and codes adopted therein as referenced in the City of West Allis Revised Municipal Code, Chapter 16.

(d)

Milwaukee Metropolitan Sewerage District (MMSD) Rules. Chapter 13 for Surface Water and Storm Sewer Water runoff management.

(e)

Wisconsin Department of Natural Resources Rules, Chapter NR216 for Soil Erosion.

(4)

Scope. The provisions of this Code shall apply to the equipment installation and construction, enlargement, alteration, repair, replacement, movement, location, removal, demolition, maintenance, use and occupancy of new and existing buildings and structures and appurtenances thereto.

(a)

New Construction. New buildings, new structures and additions to existing buildings and structures shall conform to the requirements of this Code for new construction.

(b)

Existing Buildings or Structures. Alterations or repairs to any building or structure shall conform to the requirements of the Code for new construction except as hereafter stated.

Alterations and/or Repairs. When deemed necessary, in the opinion of the Building Inspector, alterations or repairs may be allowed to conform to the Code in effect when the building or structure was constructed.

(c)

Major Alterations and/or Repairs. If alterations and/or repairs in excess of fifty percent (50%) of the value of an existing building or structure are made to any existing building or structure within any period of twelve (12) months, the entire building or structure shall be made to conform with the requirements given herein for new construction; provided, however, that any existing building or structure which, for any reason, requires repairs at any one time in excess of fifty percent (50%) of the value thereof, not deducting from such value any loss caused by fire or any other reason, shall be made to conform to the requirements of this Code for new buildings or structures or shall be entirely demolished. "Value" shall mean the full assessed value as determined by the last value placed upon the building as last published by the City at the adoption of the Assessment role.

(d)

Changed Occupancy Classification. If the occupancy classification (per the Building Code) of part or all of any existing building is changed, the requirements which apply to new construction shall be complied with to the part or all so changed.

(5)

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 official.

(6)

Maintenance. Buildings and structures, and parts thereof, shall be maintained in a safe and sanitary condition. All building systems (building, electrical, plumbing, mechanical, structural, and nonstructural), components, devices and/or safeguards installed at the construction, alteration or repair of any building or structure shall be maintained in good working order and in compliance with the Code in effect when installed and/or in accordance with the applicable manufacturer's requirements. The owner or owner's designated agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the building official shall have the authority to require a building or structure to be reinspected. The requirements of this section shall not provide the basis for removal or abrogation of fire protection and safety systems and devices in existing buildings or structures.

(7)

Workmanship. Installations, alterations, repairs, and maintenance work which are caused directly or indirectly by the enforcement of the Code shall be executed and installed in a workman like manner and in accordance with the manufacturer's installation instructions.

(8)

(Reserved)

Editor’s Note: Former Subsection (8), Storage Sheds, as amended, was repealed 8/2/2016 by Ord. O-2016-0038.

(9)

Temporary Buildings or Structures. The building official may issue a building permit for a temporary building or structure to be used during the construction of a permanent building or for temporary or seasonal use. In the case of a temporary building or structure to be used in conjunction with the construction of a permanent building or structure, the temporary structure shall be removed within fifteen (15) days of occupancy of the permanent building. Other temporary buildings or structures shall be removed as required by the building official. Seasonal use structures shall be removed by July 15 of each year.