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Building/Construction Title 16 BUILDING AND CONSTRUCTION Chapters: 16.04 Building Code 16.08 Housing Code 16.12 Mobile Home Code 16.16 On-Premise Signs 16.18 Poster Panel Signs 16.24 Electrical Code 16.26 Outdoor Lighting 16.28 Heating Code 16.32 Fire Prevention Code 16.36 Standards for Public and Private Development 16.38 Airport Building and Construction Standards Chapter 16.04 BUILDING CODE Sections: I. GENERAL PROVISIONS 16.04.010 Uniform dwelling code. 16.04.020 Short title. 16.04.030 Purpose. 16.04.040 Scope. 16.04.050 Definitions. 16.04.060 Highest standards prevail. II. ADMINISTRATION 16.04.070 Building inspector--Qualifications--Duties. 16.04.080 Permit--Application--Issuance. 16.04.090 Permit--Fees. 16.04.100 Permit--General conditions. 16.04.110 Unsafe buildings--Determination--Abatement. 16.04.120 Alterations and repairs. 16.04.130 Building use changes. 16.04.140 Building maintenance. 16.04.150 Penalty and violations. 16.04.160 Building code committee. 350 (Eau Claire 12/2009) 16.04.010 III. CONSTRUCTION--GENERAL 16.04.170 Requirements applying to all buildings. 16.04.180 Construction requirements--Applicability. IV. RETAINING WALLS 16.04.190 Definitions. 16.04.200 Permit required. 16.04.210 Construction and structural design. 16.04.220 Unsafe retaining walls--Determination/abatement. V. SWIMMING POOLS 16.04.230 Definitions. 16.04.240 Permit required. 16.04.250 Fencing. 16.04.260 Construction and structural design. 16.04.270 Health department approval. VI. DEMOLITION OF STRUCTURES 16.04.280 Permit required. 16.04.285 Structures listed on the national or state register of historic places. 16.04.290 Safety provisions. 16.04.300 General requirements. VII. MOVED STRUCTURES 16.04.310 Permit required. 16.04.320 Compliance. 16.04.330 Safety provisions. VIII. SPECIAL BUILDING DISTRICT 16.04.340 Special building district--Scope. 16.04.350 Special building district boundaries defined. 16.04.360 Restrictions within the special building district. I. GENERAL PROVISIONS 16.04.010 Uniform dwelling code. A. Title. This section shall be known as the one-family and two- family dwelling code of the City of Eau Claire. (Eau Claire 6/99) 351 16.04.010 B. Purpose. The purpose and intent of this section is to: 1. Exercise jurisdiction over the construction and inspection of new one-family and two-family dwellings and additions, alterations and repairs to dwellings coming under the scope of this section. 2. Provide plan review and on-site inspections of one-family and two-family dwellings by inspectors certified by the Wisconsin Department of Commerce; 3. Establish and collect fees to defray administrative and enforcement costs; 4. Establish remedies and penalties for violations; and 5. Establish use of the Wisconsin Uniform Building Permit as prescribed by the Wisconsin Department of Commerce. C. State Uniform Dwelling Code Adopted. The administrative code provisions describing and defining regulations with respect to one-family and two-family dwellings in Chapters COMM 20-25 of the Wisconsin Administrative Code, whose effective dates are generally June 1, 1980, are adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by an Administra- tive Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulations of one-family and two-family dwellings in this city of the State of Wisconsin. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the office of the Building Inspector. D. Definitions. In this section, unless otherwise specifically indicated: 1. "Addition" means new construction performed on a dwelling which increases the outside dimensions of the dwelling. 2. "Alteration" means a substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling. 3. "Department" means the Department of Commerce. 4. "Dwelling" means any building, the initial construction of which is commenced on or after June 1, 1980, which contains one or two dwelling units. 5. "Repair" means the act or process of restoring to original soundness, including, but not limited to, redecorating, refinishing, nonstructural repairs, maintenance repairs or replacement of existing fixtures, systems or equipment. 6. "One-family or two-family dwelling" means a building structure which contains one or two separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household, to the exclusion of all others. 7. "Person" means an individual, partnership, firm or corporation. 8. "Uniform Dwelling Code" means those Administrative Code provisions, and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code: Wis. Adm. Code Chapter COMM 20--Administration and Enforcement; Wis. Adm. Code Chapter COMM 21--Construction Standards; Wis. Adm. Code Chapter COMM 22--Energy Conservation Standards; Wis. Adm. Code Chapter COMM 23--Heating, Ventilating and Air Conditioning Standards; Wis. Adm. Code Chapter COMM 24--Electrical Standards; Wis. Adm. Code Chapter COMM 25--Plumbing and Potable Water Standards. E. Method of Enforcement. 1. The building inspector, established under section 16.04.070, shall administer and enforce the provisions of this section and the Uniform Dwelling Code. 2. The building inspector or his or her designee shall be certified for inspection purposes by the department in each of the categories specified under Sec. COMM 5.63, Wisconsin Administrative Code. 352 (Eau Claire 6/2001) 16.04.010 3. The building inspector, subject to approval of the city council, may appoint, as necessary, subordinates to inspect buildings. Such subordinates shall be certified under Ch. COMM 5, Wisconsin Administrative Code, by the department. 4. The building inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the building inspector or his or her agent while in the performance of his or her duties. 5. The building inspector shall perform all administrative tasks required by the department under the Uniform Dwelling Code and shall maintain records in connection therewith as required under section 16.04.070 E. F. Alterations, repairs, and additions. The following provisions shall apply to one- and two-family dwellings of which initial construction commenced after June 1, 1980: 1. Alterations and Repairs. When not in conflict with any regulations, alterations and repairs to any existing building accommodating a legal occupancy and use but of nonconforming type of construction, which affect the structural strength, fire hazard, exits, required natural lighting, energy conservation, or replacement of major equipment, then such construction shall be made to conform to the minimum require- ments of the Uniform Dwelling Code in effect at the time of such alteration or repair. 2. Additions. Additions shall conform to the minimum requirements of the Uniform Dwelling Code in effect at the time of the construction of that addition. 3. Minor Repairs. Repairs for purposes of maintenance, or replacements which do not involve structural portions of the building or structure, or which do not affect room arrangement, light and ventilation, energy conservation, access to or efficiency of any exit stairway or exits, fire protection, or exterior aesthetic appearance, and which do not increase a given occupancy and use, shall be deemed minor repairs not requiring a building permit. Residing, reroofing or replacement of more than 25 percent of a dwelling unit's interior wall and ceiling plaster, gypsum wallboard or similar wall surfaces shall not be deemed minor repair. 4. Alterations and Repairs Required. When any of the structural members of any building have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength. Upon failure to comply with the above structural repairs by the owner, the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this code are complied with. G. Building Permits. 1. Building Permits Required. No one-family or two-family dwelling of which initial construction shall be commenced after June 1, 1980, shall be built, enlarged, altered, or repaired unless a building permit for that work shall first be obtained by the owner, or his or her agent, from the building inspector. No building permit is required for work to be performed which is deemed minor repair. Application for a building permit shall be made in writing upon that form, designated as the Wisconsin Uniform Dwelling Permit Application, furnished by the Department of Commerce, or on a form approved for use by the department. 2. Submission of Plans. Building permit application shall include the submittal of two sets of plans containing all the information, data and calculations specified in COMM 20.09(4) and section 16.04.080. 3. Issuance of Permit. If the building inspector finds that the proposed building or repair, alteration, or addition complies with all city ordinances, including 16.04.080 E., and the Uniform Dwelling Code, the inspector shall officially approve the application and a building permit shall be subsequently issued to the appli- cant. The issued building permit shall be posted in a conspicuous place at the building site.
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