2016-633 REVISED ORDINANCE NO. 2016 -633
An ordinance amending 8.12. (Barbed Wire and Electrical Fences Code) and amending Chapter
15 (Building Code) of the City of Janesville, with penalties for violations thereof, together with
injunctive relief and remedies upon default of forfeiture payment and the applicable penalty
provisions as set forth in JGO Chapters 8.12.and 15.80.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I. Section 8.12.010. of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
No person shall erect, keep or maintain any barbed wire fence or electric fence, except electric
invisible dog fence, upon any premises within the city limits, except
that barbed wire is allowed only on properties located in Industrial Zoned Districts or in other
districts at the discretion of the Building Official and so long as all such barbed wire is at least
&even six feet above ground. _ - e": ' - • - - - - • - - - - - - - - - - - - - - - - - • -
no case, shall barbed wire or electric fence be installed on any property being used for
residential purpose regardless of the zoning district in which it is located.
SECTION II. Section 15.01.090 of the Chapter 15 Building Code Table of Contents, of the Code
of General Ordinances of the City of Janesville is hereby amended to read as follows:
15.01.090 Department of Public Works Building &
Development Services Division
SECTION III. Section 15.01.040 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
Section 15.01.040 — ADOPTION OF "WISCONSIN ADMINISTRATIVE CODE"
The Wisconsin Administrative Code for 1 and 2 Family Dwellings, also known as the Wisconsin
Uniform Dwelling Code, including but not limited to Comm SPS 320 -325 and SPS 360 -366, as
from time to time amended or renumbered, is adopted by reference and made a part of this
chapter and title as if fully set forth herein. Any act required to be performed or prohibited by
such code incorporated hereby by reference is required or prohibited by this chapter. This
section adopts such other Wisconsin Administrative Codes as may supersede, supplant or in
any way amend, modify, change or add to the Wisconsin Administrative Code as adopted
above.
SECTION IV. Section 15.01.050D of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
D. All buildings and structures as specified in the Wisconsin Uniform Dwelling Code
[Comm SPS 360 -366] shall conform to the applicable requirements of the Wisconsin
Administrative Building Code and City of Janesville General Ordinances.
SECTION V. Section 15.01.060 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
Section 15.01.060 — ADMINISTRATION
The building inspector, as certified by the Department of "e- , - - - -'e - - - - ' - - - -
Safety and Professional Services, is authorized and directed to administer and enforce all of the
provisions of the Wisconsin Administrative Code, Chapters SPS 320 — 325.
SECTION VI. Section 15.01.090A — Section 15.01.090D of the Code of General Ordinances of
ORDINANCE NO. 2016 -633
PAGE 2
the City of Janesville is hereby amended to read as follows:
Section 15.01.090 - DEPARTMENT OF PUBLIC WORKS
BUILDING & DEVELOPMENT SERVICES DIVISION
A. There is hereby established a department of the City Government to be known
as the ! - - - - -• - • _ - - - - ' = •• • - - .e' Building & Development Services Division and shall
include a Director, a Building Inspector, a Plumbing Inspector, a Heating Inspector, and
Electrical Inspector and such other inspectors, clerks, and
employees as the City Manager may from time to time appoint. Any and all such officers may
be combined and held by the same person. The Director may also be known and referred to as
the Building Official, Building Inspector, or Building Supervisor.
B. Director - Creation of Office- Term - Salary. There is hereby created the office of
the Director. Such Director shall be appointed by the City Manager and shall hold office until
removed by the City Manager or until his /her successor shall have been duly appointed and
qualified; he /she shall receive such salary as prescribed by the City Manager subject to the
approval of the Council.
C. Qualifications- Powers - Duties The Director shall have an office in the
ding City Hall and shall not be financially interested, either directly or indirectly, in
the construction of buildings or in the preparation of plans and specifications thereof or
permanent equipment.
D. The Director shall have, except as otherwise provided in this chapter, the ability
to manage and control all matters pertaining to the - - - - - •• - - - - - - - - • - - .e' Building &
Development Services Division and shall possess the necessary qualifications and inspector
certifications required by the City of Janesville and the State of Wisconsin to supervise the
general construction of buildings and enforce the provisions of this code. Such Director or
his /her authorized assistants, shall have the power and authority, at all reasonable times, for
any proper purpose, to enter upon any public or private premises and make inspection thereof
and to require the production of the permit for any building, electrical, heating, or plumbing work
or the required license therefore. Any person interfering with the said Director or his /her
authorized assistants while in the performance of the duties prescribed in this chapter, shall
forfeit and pay to the City the penalty hereafter provided.
SECTION VII. Section 15.01.100 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
Section 15.01.100 - PERMITS
A. Permit Required.
No person, firm or corporation shall directly or indirectly erect or construct any building or
structure nor add to, enlarge, improve, structurally alter, convert, extend, move, wreck, or
demolish, any building or structure or cause the same to be done, without first having obtained a
permit therefor from the - _ - - 'e"••• - _ • ! - - - - -- - • Building & Development Services
Division as hereinafter provided. A permit from the - :: - ' _ •- • - - •: - ! - - - - •• - - Building &
Development Services Division shall also be required for the construction, reconstruction or
expansion of an off - street parking lot, open storage lot or loading area as hereinafter provided.
For purposes of this subsection, reconstruction shall be defined as removal of all the existing
parking lot, open storage lot or loading area surface(s) and base course to the subgrade. Open
storage lot is defined as an unroofed area upon which are kept any goods, materials,
merchandise, product, vehicles and other items.
B. Historic Overlay District. In addition to the permits required for alterations and
changes which affect buildings, any structure included in any Historic Overlay District shall be
required to obtain a building permit for the installation of siding, windows and removal of original
architectural details representative of an architecture style, a unique design element or material;
however, there shall be no permit fee required.
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PAGE 3
C. Application for Permits - Applications for permits shall be made in writing upon
a blank form to be furnished by the City and shall state the name and address of the owner of
the building and the owner of the land on which the permit is issued, when necessary, the name
and address of the designer, and shall set forth a legal description of the land on which the
building is to be located, the location of said building on the lot, the house number thereof, and
such other information as the Building Inspector may require. With such application, there shall
be submitted to the - :: - 'e" - .e' ! - : - - •• - - Building & Development Services Division:
two (2) complete sets of plans, specifications and two (2) copies of plot or survey.
D. Plans and Specification - All plans shall be drawn to a scale not less than one -
fourth (1/4) inch per foot, on paper or cloth in ink, or by some other process that will not fade or
obliterate, and shall disclose the existing and proposed provisions for water supply, sanitary
sewer connections and surface water drainage. All dimensions shall be accurately figured.
Drawings that do not show all necessary detail shall be rejected. A complete set of plans for
residential construction shall consist of:
1. Foundation
2. All elevations.
3. All floor plans.
4. Complete construction details.
E. In no case shall the approval of plans and the issuance of a permit by the
Building and Development Services Division be taken as assurance that
the resulting construction has met or will meet the requirements of the code.
F. Waiver of Some Requirements - At the option of the
Building and Development Services Division, plans, data, specifications and survey need not be
submitted with an application for permit to execute minor alterations and repairs to any building,
structure or equipment, provided the proposed construction is sufficiently described in the
application for permit.
G. Seal of Registered Engineer or Architect - All plans, data and specifications
for the construction of any building or structure or for any construction in connection with
existing buildings and structures, other than one and two family residences, containing more
than fifty (50) thousand cubic feet, total volume, submitted with an application for permit, shall
bear the seal of the registered architect or registered engineer. The plans shall also be
stamped as approved as when required by the Department of
Rclationc Safety and Professional Services of the State of Wisconsin. Such building or
structure shall be constructed under the supervision of an architect or engineer who shall be
responsible for its erection in accordance with the approved plans. No permit shall be granted
for such structure unless such construction will be under the supervision of an architect or
engineer, as required by the Wisconsin Statues. A written statement to this effect shall be filed
by the architect or engineer, with the - :: - A - •• - - : • `- - - • •- - • Building & Development
Services Division with the application for permit.
H. Drainage
1. Grading of Lots - The plans shall show the present and proposed grades of the
lot on which it is proposed to erect the building for which a building permit is sought and of the
immediately adjoining property in sufficient detail to indicate the surface water drainage before
and after the completion of grading. No permit shall be issued if the erection of the building and
the proposed grades shall unreasonably obstruct the natural flow of water from the surface of
adjoining property or obstruct the flow of any existing ravine, ditch, drain or storm water sewer
draining neighboring property, unless suitable provision is made for such flow by means of an
adequate ditch or pipe, which shall be shown on the plans and shall be constructed so as to
provide continuous drainage at all times.
2. Every lot, prior to initial occupancy, shall be so graded as to bring the site to
sidewalk grade at the street right -of -way line.
3. No water shall be discharged from any roof or conductor pipes upon any public
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PAGE 4
walk, but shall be conducted underneath the walk in a manner approved by the Building
Inspector.
I. Moving Damaged Buildings. No building or other structure that is old,
deteriorated, dilapidated, unfit for human habitation or has been damaged by any cause,
(including such moving or separation from its foundation and service connections in case of
moved buildings) shall be repaired, remodeled, reconstructed, improved, altered or moved
within or into the municipality, where the estimated costs to repair the building or structure
exceed fifty percent (50 %) of the equalized assessed value of the building or structure without a
building permit issued by the City. No building permit for such building or structure may be
issued unless a Compliance Agreement, the terms and provisions of which are acceptable to
the City Building Inspector, his /her designee and /or other applicable City Code Official (the
"Building Official "), is entered into by the Property Owner and approved and entered into by the
Building Official in accordance with JGO 15.80.050. The Compliance Agreement is subject to
the "public safety and danger to the public" determination of the Building Official. The City
and /or the Building Official reserves and retains the right to not permit the movement of the
building or structure within or into the City in the event that the Property Owner at any time
breaches or fails to comply with any of the provisions of the Compliance Agreement. The
provisions of JGO 15.80.05 and the Compliance Agreement are in addition to and not in lieu of
the remedies for condemnation and /or razing /removal of old, unfit, dilapidated, deteriorated and
damaged buildings and structures provided by law.
J. Also incorporated into this section by reference is JGO Section 15.80.050 as if
fully set forth here verbatim.
K. Building Inspector to Issue Permit.
1. If the Building Inspector finds that the proposed building will comply in every
respect with this code, other municipal ordinances, and all laws of the State of Wisconsin, and
lawful orders issued pursuant thereto, he shall issue a building permit. 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 buildings,
except with the written consent of the Building Inspector filed with such application.
2. In case adequate plans are presented, the Building Inspector, at his discretion,
may issue a permit for a part of the building before receiving the plans and specifications of 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 any ordinance of the municipality or laws of the State of Wisconsin or lawful
orders issued pursuant thereto.
3. For the construction of buildings requiring approval of DILHR, (Department of
_ _ - , - _ _ _ _ — _ - - ..e- the Department of Safety and Professional Services no
permit shall be issued until such approved plans are received by the
Building and Development Services Division.
4. A weatherproof card signed by the building inspector indicating the permit has
been issued shall be posted at the job site during construction. After issuance of a building
permit, the approved plans shall not be altered unless any proposed change is first approved by
the building inspector as conforming to the provisions of this code.
5. The building permit shall become void unless operations are commenced within
four (4) months from the date thereof, or if the building or work authorized by such permit is
suspended at any time after work is commenced, for a period of sixty (60) days.
6. Before any work is commenced or recommenced after the permit has lapsed, a
new permit shall be issued at the regular fee rate. In any event, the work required to construct
any building shall be completed within 24 months from the date of issuance of the permit.
L. Inspector May Revoke Permits
1. The Building Inspector may revoke any permit, certificate of occupancy,
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PAGE 5
or approval issued under the regulations of this code and may stop construction or use of
approved new materials, equipment, methods of construction devices, or appliances for any of
the following reasons:
a. Whenever there is a violation of any regulation of this code or of
any other ordinance, law or lawful orders or Wisconsin Statute relating to the same subject
matter.
b. Whenever the continuance of any construction becomes
dangerous to life or property.
c. Whenever there is any violation of any condition or provisions of
the application for permit, or of the permit.
d. Whenever in the opinion of the Building Inspector there is
inadequate supervision provided on the job site.
e. Whenever any false statement or misrepresentation has been
made in the application for permit, plans, drawings, data specifications, or certified lot or plot
plan on which the issuance of the permit or approval was based.
f. Whenever there is a violation of any of the conditions of an
approval or occupancy given by the Building Inspector for the use of any new materials,
equipment, methods of construction, devices, or appliances.
2. The notice revoking a permit, certificate of occupancy, or approval shall
be in writing and may be served upon the applicant for the permit, owner of the premises, and
his agent, if any, and on the person having charge of construction.
3. A revocation placard shall also be posted upon the building, structure,
equipment, or premises in question by the Building Inspector.
4. After the notice is served upon the persons as aforesaid and posted, it
shall be unlawful for any person to proceed thereafter with any construction operation
whatsoever on the premises, and the permit which has been so revoked shall be null and void,
and before any construction or operation is again resumed, a new permit, as required by this
code, shall be procured and fees paid therefore, and thereafter the resumption of any
construction or operation shall be in compliance with the regulation of this code.
SECTION VIII. Section 15.01.120A of the Code of General Ordinances of the City of Janesville
is hereby amended to read as follows:
A. Permit Required - It shall be unlawful to move any building across or
along any street or alley in the City of Janesville without first having secured a permit to do so
from the Building and Development Services Division
SECTION IX. Section 15.01.160 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
Section 15.01.160 — UNUSUAL CONSTRUCTION
When applications for unusual technical design or magnitude of construction are filed, the
Building Inspector may refer such plans and specifications to the Department of Industry, Labor
and Human Relationo Safety & Professional Services, State of Wisconsin, for analysis and
recommendations as to the safety of design in compliance with this Code.
SECTION X. Section 15.01.170A of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
A. Inspections to be conducted as prescribed by Wisconsin Administrative Code
ILHR Chapter 20 and Chapter 50 SPS Chapter 320 and Chapter 361. An occupancy inspection
must be conducted prior to the building being occupied or used for business activity.
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PAGE 6
SECTION XI. Section 15.01.170D of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
D. Any person feeling himself aggrieved by any order or ruling of the Building
Inspector may appeal from such ruling within (20) days after written notice of such ruling has
been delivered to him. The appeal must be made to the appropriate body having power to grant
a variance as follows:
1. New 1 & 2 family dwellings shall be appealed to the State of Wisconsin,
Department of Industry, Labor and Human Relations (DILHR), Building and Safety Division
Department of Safety and Professional Services.
2. Buildings & structures under jurisdiction of the Wisconsin Administrative
Building Code shall be appealed to the State of Wisconsin, Departmcnt of Industry, Labor and
Human Relations ( DILHR), Building and Safety Division. Department of Safety and Professional
Services.
3. City of Janesville Building Code section shall be appealed to the Zoning
Board of Appeals.
SECTION XII. Section 15.01.250E and 15.01.250F of the Code of General Ordinances of the
City of Janesville are hereby amended to read as follows:
E. Construction — Garages, whether attached or detached, shall be constructed in
compliance with the Wisconsin Uniform Dwelling Code, Comm SPS 320 -325, Wisconsin
Administrative Code. Residential detached garages and accessory buildings are included in the
scope of this code. Commercial detached garages are required to meet the standards of the
Wisconsin Commercial Building Code.
F. Heating equipment in attached and detached garages or accessory buildings
shall comply with the standards as set forth in the Wisconsin Administrative Code, SPS
323.
SECTION XIII. Section 15.01.270 of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
Section 15.01.270 - NEW MATERIALS AND METHODS
All new materials, methods of construction, devices and equipment shall be approved by
the Department of Industry, Labor and Human Relations Department of Safety and Professional
Services., State of Wisconsin, or such other committee as may be established by this or other
local ordinances.
SECTION XIV. Section 15.01.330A of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
A. (BOCA) Housing International Property Maintenance Code, 1998 or current
edition as amended below is hereby adopted in its entirety, as from time to time amended, as
the Minimum Property Standards Code for all structures and properties in the City of Janesville,
Wisconsin. (Amended as follows):
SECTION XV. Section 15.01.350C of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
C. Supplemental heating units and radiant heating units -- Application
Ind. ccctions 20.29 21.30, 21.31, 21.0110), 23.11, 23.12, 23.13, and 23.15 Chapters SPS 320,
321, 323 and 324, Wisconsin Administrative Code and all amendments thereto (which are
adopted and incorporated by reference in Section 15.06.010), shall apply to all supplemental
ORDINANCE NO. 2016 -633
PAGE 7
heating units and radiant heating units installed in any commercial building or in any dwelling
unit that is not covered by the One- and Two - Family Dwelling Code. No person may so install
or cause to be installed a supplemental or radiant heating unit which fails to meet the
requirements of this chapter. (Ord. 80 -214 SO (part, 1980).
SECTION XVI. Section 15.02.030E of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
E. Inspections. All plumbing work to be inspected within the boundaries of the City
of Janesville. All plumbing work within a building and exterior plumbing installations on private
property shall be inspected and shall conform to code. The plumber or his agent shall notify the
-
e-•"" _ _ _ . - • . --' - _ : - Building & Development Services Division when work is
ready for inspection and shall specify the street address where the work is being done. Unless
otherwise authorized by the Plumbing Inspector, all plumbing work such as water supply piping,
building sewers and drains shall be left uncovered until inspected and work is approved. The
plumber in charge shall make such arrangements as will enable the Plumbing Inspector to
reach all parts of the building, and shall provide the equipment and labor for making such tests
under the supervision of the Plumbing Inspector.
SECTION XVII. Section 15.01.040 of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
Section 15.02.040 - STATE CODE TO GOVERN
The Wisconsin Administrative Code Chapters ILHR 25, ILHR 82 and IND 6, and Chapter
115 SPS 381 -391, Wisconsin Statutes, and subsequent amendments, additions, and
recodifications thereto are hereby adopted by reference and incorporated into this code to the
extent and with the limitations provided by this ordinance. Chapter 2-5 SPS 325 of the
Wisconsin Administrative Code shall apply to all new one and two- family residential buildings
as well as additions and alterations to all existing one and two - family residential buildings.
SECTION XVIII. Section 15.02.120D2 of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
2. No septic or other sewerage tank shall be constructed on property to
which the public sewer system is accessible. Where public facilities are not available, a private
sewage system complying with the provisions of SPS 383, Wisconsin
Administrative Code, as from time to time amended, and the Rock County Health Department.
SECTION XIX. Section 15.04.030 of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
Section 15.04.030 - INSTALLATION
Wisconsin Administrative Code shall, as from time to time amended, govern Chapters
ILHR 20 25 SPS 320 -325 Uniform Dwelling Code and Chapters 50 6 Building and H ating,
- - . .'e _ - - _ : - :..: - - : _ _ : - International Building Code, issued by the Department of
Safety and Professional Services, under authority of State Statutes are hereby adopted by
reference and made a part hereof as if fully set forth herein. Every requirement and prohibition
set forth therein shall be required or prohibited, respectively herein.
SECTION XX. Section 15.05.010C of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
C. The Common Council hereby designate the City Engineer, Planning Director,
ORDINANCE NO. 2016-633
PAGE 8
_ _ : - • : - •: • ! - _ : , Building & Development Services Manager, Building Inspector,
and each and every of his /her /their joint and several designees to administer and enforce the
provisions of this Chapter. In the event of any conflict, the determination or interpretation of the
City Engineer shall govern.
SECTION XXI. Section 15.05.020A of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
A. The intent of this Chapter is to require use of best management practices to
reduce the amount of sediment and other pollutants resulting from land disturbing construction
activities on sites that are not otherwise regulated by the Wisconsin Department of
Safety and Professional Services in Wis. Admin. Code § COMM SPS 321.125, as from time to
time amended, revised or renumbered. Use of this Chapter will foster consistent, statewide
application of the construction site performance standards for new development and
redevelopment contained in subchapters III and IV of Wis. Admin. Code ch. NR 151, as from
time to time amended, revised or renumbered.
SECTION XXII. Section 15.05.030B of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
B. Land disturbing activity regulated under Wis. Admin. Code §-COMM SPS
321.125, as from time to time amended, revised or renumbered, shall be regulated according to
the standards contained therein with enforcement by the above designated City officials.
SECTION XXIII. Section 15.05.090 of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
15.05.090 Fee Schedule,
A. The fees referred to in the above sections of this Chapter shall be established by
the City Manager from time to time and revised at any time, and the City Council shall be
advised of these rates. From time to time the fees shall be evaluated and modified as
necessary to assure recovery of City costs and related expenses including, but not limited to,
review, enforcement and consultation. A schedule of the fees shall be available for review in
the City Engineer's Office at the Janesville g City Hall.
SECTION XXIV. Section 15.06.110 of the Code of General Ordinances of the City of Janesville
are hereby amended to read as follows:
15.06.110 Fee Schedule,
A. The fees referred to in other sections of this Chapter shall be established by the
City Manager and revised at any time, and the Common Council shall be advised of these rates.
From time to time the fees shall be evaluated and modified as necessary to assure recovery of
City costs and related expenses including, but not limited to, review, enforcement and
consultation. A schedule of the fees shall be available for review in the City Engineer's Office at
the Janesville City Hall.
SECTION XXV. Section 15.80.010A of the Code of General Ordinances of the City of
Janesville are hereby amended to read as follows:
A. It shall be the duty and responsibility of the building official to enforce the
provision of Title 15. The term "building official" used in this chapter shall have the same
meaning as the term "building supervisor" in Section 15.0104 15.01.090. When used in this
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PAGE 9
chapter, the term "building code" shall include all provisions adopted under Title 15, except
Chapter 15.56, Cable TV Franchise.
SECTION XXVI. This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED: April 25, 2016 Motion by: Gruber
Second by: Marklein
APPROVED: Councilmember Aye Nay Pass Absent
Deupree X
Gruber X
Mark A . reitag, City Manager Jorgensen X
Liebert X
ATT �� Markin w l I X
Tidwell X
isi�7-% V Williams X
D -vid T. Godek, City Cl- rk- Treasurer
APPROVED A TO FOR •
A \c)
City Attorney
Y
Proposed by: Building & Development Services
Prepared by: Building & Development Services