Permit Application and Issuance., Chapter 13. Building Code, Municipal Code, Code of Ordinances, West Allis

(1)

Application for Permit.

[Ord. O-2011-0023, 7/5/2011]

(a)

Any owner of a premises, or person desiring a permit as required by this code shall file with the Inspector an application in writing on a form furnished for such purpose. Every application shall describe the land on which the proposed work is to be done by legal description, street address, or similar, that will readily identify the proposed building or work. Every application shall describe the use of the property, the construction to be done, the use or occupancy for which the proposed work is intended, the estimated cost of the construction, and any other reasonable information that may be required by the Inspector. The application shall be accompanied by plans, drawings, specifications, engineering details, and other information as required to provide sufficient detail for review in the issuance of a building permit. Application materials shall include, but not be limited to, when applicable: detailed and to scale footing, foundation, wall, floor, and roof plans; exterior elevation plans; floor plans indicating exits, windows, and room uses; section details of construction; itemized structural loads and calculations; equipment information; and other information as may be necessary to review an application and issue a permit.

(b)

An application for commercial (non-1 or 2-family use property) building construction or HVAC construction shall include an application for plan review fee in accordance with the fee schedule as stated in Subsection 13.255. The City of West Allis is classified as a Second Class City by the State of Wisconsin and, as such, is authorized to provide plan review and inspections for all commercial building projects, regardless of size, except state-owned buildings.

(c)

An application for commercial (non-1 or 2-family use property) building or HVAC construction shall include two (2) complete sets of paper plans and an acceptable readable electronic base copy (i.e., jpg, tif. pdf). Plan submittal shall include, but not be limited to, specifications for all components of the project, trusses, pre-cast concrete and laminated wood.

(d)

For commercial building and HVAC construction projects, the following State of Wisconsin Department of Commerce (COMM) Codes are specifically referenced:

Construction documents submitted for review shall be designed and sealed by a State of Wisconsin designer, such as an architect, engineer or other authorized licensed person in accordance with COMM 61.31 and ch. 443, State Statutes.

See COMM 61.30(4) and 61.40 for designer exception allowance for stated smaller construction projects.

See COMM 61.40 for supervision requirements by project designer regarding plan submittal, project construction supervision and supervision to submittal of completion statement of substantial compliance at project completion.

(2)

Cost of Construction. The applicant for a permit shall provide an estimated cost of construction at the time of application. Cost estimates shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. The estimated cost of construction may be set by the Building Inspector.

(3)

Survey Submittal. Whenever the proposed construction is for a new building or structure, or for an addition to an existing building or structure, the application shall include an accurate plat of survey containing the stamp of a licensed State of Wisconsin surveyor. The survey shall include, but not be limited to: the legal description of the lot or parcel of land as obtained from official records; the date of the survey; a scaled drawing of the parcel of land showing lot dimensions; the exact location of existing buildings and structures on the parcel of land at the time of the survey; the exact dimensions of buildings and structures and the distances to lot lines and between buildings and structures. Similarly, the proposed addition to a building or structure is to be shown on the survey.

(a)

An existing, accurate and proper survey of the property may be used for permit application, with scaled additional information drawn thereon by any person. The Building Inspector may require a new survey if any information is suspect in the opinion of the Building Inspector.

(b)

The Building Inspector may allow the submittal of a scaled site plan in substitution of a plat of survey for permit applications for uncovered decks, platforms, stoops, sheds and other property improvements not excepted from permitting requirements. The site plan shall contain the information as required for a survey submittal, but not require a surveyor's stamp.

(4)

Submittal Documents. Construction documents shall be submitted with the application and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed, and show in detail that it will conform to the provisions of the construction codes, as determined by the Inspector.

(a)

One- and Two-Family Use Construction. Three (3) complete sets of construction documents shall be submitted with the application form for one- or two-family use properties.

(b)

Multifamily, Commercial and Other. Four (4) complete sets of construction documents shall be submitted with the application form for construction work associated with non-one- or two-family use properties. These types of construction projects require submittal of documents prepared by a registered design professional in accordance with the State of Wisconsin Commercial Building Code.

(5)

Waiver of Plans. The Building Inspector may waive the filing of plans, a survey and/or site plan submittal requirements for construction projects if, in the opinion of the Inspector, the character of the work is sufficiently described in the application.

(6)

Application Review for Setting Grade. All initially constructed one- and two- family dwellings hereafter erected shall be set at a grade providing at least twelve (12) inch pitch from the building to the front lot line. The permit application shall be reviewed by the City Engineering Department, which shall establish the grade line. Denial of a permit for noncompliance with the grade dimensions may be appealed to the Board of Appeals, which may grant relief from hardship by reason of terrain and other unusual circumstances.

(7)

Roadway, Water, Sanitary and Storm Sewer Requirements. No permit will be issued for the erection of a building upon a lot within the corporate limits of the City unless the lot abuts upon a passable, hard paved surfaced roadway which will allow proper and ready access for fire, police and other municipal services and equipment, nor shall a permit be issued unless there are available abutting such lot public water, sanitary and storm sewer facilities for utility connection. The storm sewer connection may be conditionally waived where storm sewer is not readily available as a lateral into the lot or the main does not abut the lot being developed. The waiver shall not allow surface stormwater runoff from impervious areas and/or sump discharges to cause a nuisance to the public right-of-way or to abutting properties.

(8)

Zoning Approval. All building permit applications shall be reviewed for compliance with the Zoning Code.

(9)

Fire and Health Department Review. One set of plans submitted for a building permit for other than one- or two-family use properties shall be sent to the Fire and/or Health Department when required. Processing and issuance of the permit is not contingent upon Fire/Health Department approval(s).

(10)

Action on Application. The Inspector shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the Inspector shall reject such application in writing, stating the reasons therefore. If the Inspector is satisfied that the information and construction documents submitted for the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the Inspector shall approve the permit to be issued as soon as practicable.

(11)

Approval of Construction Documents.

[Ord. O-2011-0023, 7/5/2011]

(a)

When the Inspector approves an application for permit issuance, the construction documents shall be approved in writing or by stamp as "conditionally approved." One set of construction documents so reviewed shall be retained by the Building Inspection Department. One set shall be returned to the applicant at the issuance of the permit and it shall be kept at the site of work and open to inspection by the Inspector or his authorized representative.

(b)

An application for plan review for commercial (non-1 or 2-family use property) construction or heating, ventilation, air conditioning (HVAC) when determined to be substantially conforming to the code, regulations and ordinances, shall be processed with a written notice to the submitter and building owner stating all conditions of approval. Additionally, plans shall be stamped "CONDITIONALLY APPROVED" and signed and dated by the certified commercial building inspector.

All non-code complying and other conditions stated in the conditional approval notice shall be corrected or met before or during construction and before occupancy of the building.

A complete set of conditionally approved plans shall be kept at the project work-site and available to the Inspector at all times.

A conditional approval of a plan may not be construed as an assumption of any responsibility on the part of the City or the certified commercial building inspector for design or construction of the building.

If plan submittal does not substantially conform to the code, regulations or ordinances, a denial of plan approval shall be issued by the issuance of a notice in writing to the submitter and the building owner stating the reasons for denial. Plans shall be stamped "NOT APPROVED" and signed and dated by the certified commercial building inspector.

(12)

Holding Permit Issuance. Permit issuance may be held for the compliance with conditions that may be applied in the application review process by the Planning Division, the Plan Commission, the Engineering Department, the Fire Department, the City Attorney's Office and/or the Common Council.

(13)

Payment of Fee, Valid Permit. The fees for permits shall be assessed in accordance with the fee schedules of the Building Code (Chapter 13), Electrical Code (Chapter 14) and Plumbing Code (Chapter 16), and payable at the time a permit is issued. A permit shall not be valid until the fee is paid and the permit number assigned.

(14)

Approved Construction Documents. Work shall be installed in accordance with the approved construction documents. Any changes made during construction shall be resubmitted for approval. The Inspector may assess a fee for resubmittal in accordance with the applicable fee schedule.

(15)

Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned one hundred eighty (180) days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the Inspector is authorized to grant one (1) or more extensions of time for additional periods not exceeding ninety (90) days each. The extension shall be requested in writing with cause stated.

(16)

Expiration of Permit.

[Ord. O-2010-0010, 4/6/2010]

(a)

If any construction for which a permit has been issued is not started within one hundred twenty (120) days from the issuance of the permit, or if construction is suspended or abandoned for more than sixty (60) days, the permit shall expire and be void. No construction shall commence or resume unless a time extension is granted. The Building Inspector shall make the final determination as to if the permitted work has not started or has been suspended or abandoned. The permit shall not be considered expired until the Inspector has notified the permit holder in writing and offered a time extension as stated in Subsection (16)(c).

(b)

A building permit shall expire two (2) years from the date of issuance and be void. No construction shall resume unless a time extension is granted. The permit shall not be considered expired until the Building Inspector has notified the permit holder in writing and offered a time extension as stated in Subsection (16)(c).

(c)

An extension of time, not to exceed twelve (12) months, may be allowed to a voided permit if the permit holder provides a written request within thirty (30) days of notification stating reasonable cause and a time table for completion. An administrative fee of one-twelfth (1/12) of the original fee construction fees per month of extension may be charged after permit expiration at the discretion of the Building Inspector.

(d)

Any permit that includes exterior property improvements, including but not limited to, building or structure, i.e., siding, windows, roofing, gutters/downspouts, driveway, curb cut, parking lot, yard grading or drainage, and/or installing vegetation or other erosion or dust control improvement, shall be completed within two (2) years of the issuance of the permit and shall not be allowed an extension of time. If not completed within two (2) years, the noncompliance of completion shall be processed as a violation of the Property Maintenance Code.

(e)

Renewal of a permit may be allowed upon written request, filed within one hundred twenty (120) days after the permit has expired. The Director may reduce fees based upon inspection work completed. After one hundred twenty (120) days from the date the permit has expired, the permit shall be processed as a new permit.

(17)

Revocation of Permit. If, at any time, ordinances, laws, orders, plans and specifications are not being complied with, the Inspector may revoke the permit by written notice to the property owner and placarding of the property. When any such permit is revoked, it shall be unlawful to do any further work upon such building or premises until a new permit is issued, excepting such work as the Inspector shall order to be done to make the site safe or as a condition precedent to the issuance of a new permit.

(18)

Suspension of Permit. The Inspector is authorized to suspend a permit issued under the provisions of this code whenever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. When a permit is suspended it shall be unlawful to do any further work unless authorized by the Inspector.

(19)

Validity of Permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the Building Official from requiring the correction of errors in the construction documents and other data.

(20)

Refunds. A refund of fees paid may be allowed in accordance with the applicable fee schedule.

(21)

Access. Upon issuance of a permit, the property owner shall allow the Inspector reasonable access to the property for inspection for code compliance.

(22)

Priority Plan Review. A priority plan review is a service that expedites the plan review time frame to three (3) business days or less after the complete submittal of all required plan review documents. The permit issuance may be held until other municipal agencies or departments have authorized permit issuance.

[Ord. O-2016-0058, 12/6/2016]