CHAPTER 14

BUILDING REGULATIONS

14.01 PERMITS REQUIRED

(1) General Permit Requirement. No building, plumbing, electrical, heating, ventilating or air-conditioning work shall be performed in the Town of Menasha unless a permit therefor is obtained as required by the provisions of this chapter.

(2) Payment of Fees. All fees shall be paid to the Building and Housing Inspector of the Town of Menasha before the Inspector shall issue to the owner or his agent any permit herein required. (Building and Housing Inspector herein after referred to as the "Building Inspector.")

(3) Permit Lapses. Any permit issued hereunder shall lapse and be void unless the work for which the permit was obtained shall be commenced within six (6) months of the date of issuance.

(4) Revocation. If the Building Inspector shall find at any time that the above mentioned ordinances, laws, orders, plans and specifications are not being complied with, and that the holder of the permit refuses to conform after a written notice is posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work thereunder until the permit is reissued, excepting such work as the Building Inspector may order to be done as a condition precedent to the reissuance of the permit, or as he may require for the preservation of human life and safety or property.

(5) Records. The Building Inspector shall keep a record of all permits, fees and inspections and shall make an annual report thereon to the Town Board.

(6) Deputy Building Inspector. A Deputy Building Inspector, subject to approval of the Town Board of the Town of Menasha, to perform all necessary duties under the building, electrical and plumbing codes herein, including the issuing of permits. The Town Board of the Town of Menasha shall have authority to appoint deputy building inspectors in place of the Building Inspector to perform all functions required of the Building Inspector under the building, electrical and plumbing codes herein.

(7) Penalties. There shall be a minimum penalty of $50.00 and a maximum penalty of $1,000.00 for any work performed without a permit. Warning tickets are to be issued, and closely watched by the inspectors.

(8) Security for Road Damage

(a) The Town Board may require prior to the issuance of a building permit required under Chapter 14 that any general contractor execute an agreement to indemnify the Town for loss, damage and injury resulting to the Town of Menasha rights-of-way, ditches, roadways, or road surfaces which result from the construction of a building for which a permit is taken out. The Town of Menasha may further require a deposit for security for payment for such damage and that the amount of the security deposit shall be established by the Town Board.

BUILDING CODE

14.02 BUILDING PERMITS AND INSPECTION

(1) Permit Required. No building or any part thereof shall hereafter be erected within the Town of Menasha or ground broken for the same, except as hereinafter provided until a permit therefor shall first have been obtained from the Building Inspector by the owner, or his authorized agent. The term "building" as used in this section shall include any building or structure, and any enlargement, alteration, heating or ventilating installation, moving or demolishing, or anything affecting the fire hazards of safety of any building or structure. No building permit shall be issued where a culvert will be installed, unless a permit for the proper size and type of culvert first be obtained from the proper authority. No building permit shall be issued for the erection of a building unless located upon a dedicated highway, street or alley. The Zoning Ordinance for Winnebago County adopted by the Board of Supervisors of Winnebago County and all amendments thereto is adopted as part of this Municipal Code and is incorporated herein by reference.

(2) Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector and shall state the name and address of the owner of the land, and also of the owner of the building, if different, the legal description of the land upon which the building is to be located, and shall contain such other information as the Building Inspector may require for effective enforcement of this section.

(3) Plans. With such application there shall be submitted two (2) complete sets of plans and specifications, including a plat plan showing the location of the proposed building with respect to adjoining streets, alleys, lot lines and buildings. Plans for buildings required to comply with the State Building Code shall bear a stamp of approval from the Industrial Commission. Such plans and specifications shall be submitted in duplicate; one set shall be returned after approval as hereinafter provided; the other set shall remain on file in the office of the Clerk. All plans and specifications shall be signed by the designer.

(4) Waiver of Plans. If the Building Inspector finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations, repairs or moving provided the cost of such work does not exceed $2,000.00.

(5) Approval of Plans. If the Building Inspector determines that the proposed building will comply in every respect with all ordinances of the Town and the County Zoning Ordinance and all applicable laws and orders of the State of Wisconsin, he shall officially approve and stamp one set of the plans and return it to the owner, and shall issue a building permit therefor which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above mentioned ordinances, laws and orders, or which involves the safety of the building or occupants, except with the written consent of the Building Inspector.

(6) Minor Repairs. The Building Inspector may authorize minor repairs or alterations valued at less than $50.00 which do not change the occupancy, area, structural strength, fire protection, exits, light or ventilation of the building without issuing a building permit.

(7) Inspection of Work. The builder shall notify the Building Inspector when ready, and the Building Inspector shall inspect all building upon completion of the foundation forms, or before the foundation is laid, and again when ready for lath and plaster, or before paneling is applied. After completion he shall make a final inspection of all new buildings and alterations.

14.025 MODULAR DWELLING UNIT DEFINED

A modular dwelling unit is hereby described as a dwelling unit which during construction and design is not designed to be transported or pulled by motor vehicle but is designed in such a size or manner as to allow various size modules after construction, to be transported from the place of construction or assembly to its final destination in two or more sections or pieces. A modular home is designed so that no single module constitutes a dwelling unit and is deigned to be placed upon a permanent foundation following assembly into a single dwelling unit.

Modular dwelling units must qualify with all the building codes of the Town of Menasha and the State of Wisconsin and with all of the energy requirements of the Town of Menasha and State of Wisconsin and shall be subject to the payment of all permit fees required by the Town of Menasha Codes and the State of Wisconsin and shall further be subject to plan approval and site plan approval by the Building Inspector of the Town of Menasha.

14.03 STATE BUILDING CODE ADOPTED

(1) The Wisconsin State Building Code, Wisconsin Administrative Code Chapters 50 - 57, and General Orders on Existing Buildings, Wisconsin Administrative Code Chapter 60.64, are adopted by reference as a part of this chapter. A violation of any provision thereof shall be a violation of this chapter.

(2) That the Wisconsin Administrative Code Chapter IND 22 entitled Energy Conservation is hereby adopted in full effective December 1, 1978, and violations shall be subject to the penalties of this chapter.

(3) That regulations of the Wisconsin Administrative Code passed, published and made effective after January 1, 1979, by the Department of Industry, Labor and Human Relations are hereby made part of this code when adopted and shall be subject to the penalties for violations of this chapter.

14.04 PERMIT FEES

(1) The fees for building permits shall be as indicated on the fee schedule as adopted by the Town Board. [Adopted 4/10/94]

(2) Escrow Fees shall be as indicated on the fee schedule as adopted by the Town Board.

(a) Escrow fees shall be deposited with the Town when a building permit is issued. Any interest earned on escrow funds shall remain with the Town.

(b) Escrow fees shall be returned to the payee upon completion of the building for which the building permit was issued if the following conditions are met: the building department is properly notified for all required building inspections, and the applicant has received an occupancy permit prior to occupancy of the building.

The failure to meet any of the above conditions shall cause forfeiture of the escrow fee. Fees for reinspection required due to work not being complete after inspections are requested shall also be deducted from the escrow.

14.05 PLANS TO BE SUBMITTED TO INDUSTRIAL COMMISSION

Plans for the following types of buildings shall be submitted to the State Industrial Commission (Department of Industry, Labor and Human Relations) before a building permit shall be issued.

(1) All buildings of 30-foot clear span or more.

(2) All 2-story buildings having a floor area at second floor level greater than 2,000 square feet.

(3) All 3-story buildings.

(4) All hospitals, all assembly halls, all churches, all public garages, all places of detention or all dormitories, all schools.

(5) All buildings containing more than 2 living apartments.

(6) All buildings containing one or more stores and more than one living apartment.

(7) All one-story buildings having a floor area greater than 5,000 square feet.

(8) All filling stations for oil and gasoline.

(9) All laundries and dry cleaning plants.

(10) All spray booths or spraying equipment.

(11) All elevator installations including shaft way construction.

(12) All heating and ventilation, installation in churches, schools, hospitals, factories, battery and tire shops, public garages, assembly halls, laundries, dry cleaning plants, and theaters.

14.06 DEDICATED STREET REQUIRED

No building permit shall be issued unless the property on which the house is proposed to be built abuts a street that has been dedicated for street purposes.

In addition the street shall be brought to grade and improved as specified by the Town Board.

14.07 UTILITIES REQUIRED

No building permit shall be issued for the construction of any building until sewer (or county approved septic system) or holding tank, water (or approved well), grading and graveling are installed in the street necessary to service the property for which the permit is requested.

14.08 NEW METHODS AND MATERIALS

All materials, methods of construction, and devices designed for use in buildings or structures covered by this ordinance and not specifically mentioned in or permitted by this ordinance shall not be so used until approved in writing by the Industrial Commission of Wisconsin for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing code issued by the State Board of Health. Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the Industrial Commission. The data, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the Industrial Commission.

14.09 UNSAFE BUILDINGS

Whenever the Building Inspector finds any building or part thereof within the Town to be in his judgment so old, dilapidated or so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, he shall order the owner to raze and remove such building or part thereof, or if it can be made safe by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option. Such order and proceedings shall be as provided in Section 66.05(5) of the Wis. State Stats.

14.10 STATE LAW ADOPTED

The Wisconsin State Electrical Code, Volume 2, Volume 5, Wis. Adm. Code, is adopted by reference as a part of this chapter.

14.11 ADMINISTRATION

(1) Duties of Building Inspector. The Inspector shall enforce all the ordinances or laws relating to electrical installation including any lawful orders issued by the Industrial Commission (Department of Industry, Labor and Human Relations) or any other agency of the State of Wisconsin and there is hereby vested in the Department the necessary power and authority to properly execute such duties. Inspector as used in this code means the Building Inspector.

(2) Authority to Discontinue Electrical Operations. The Inspector may cause the turning off of all electrical currents to any equipment which he finds to be in an unsafe condition and may cut or discontinue electrical services in case of emergency and where such electrical currents are dangerous to life or property or may interfere with the work of the Fire Department. No person shall reconnect any equipment thus cut off until written permission is given by the Inspector.

(3) Periodic Inspection. The Inspector periodically may make thorough examinations of all the electrical wires and appliances installed within the Town and when such wires or appliances are found to be in a dangerous or unsafe condition he shall notify the person owning, using, operating, or installing the same to place them in a safe condition. Any person failing or refusing to make the necessary repairs or changes and have such completed within 15 days (or any longer period which may be deemed reasonable by the Inspector) after the receipt of such notice shall forfeit and pay into the Town treasury the prescribed sum for each day which shall elapse after the expiration of said period, and the Inspector may order the discontinuance of electrical service to such defective wires or equipment, until they have been repaired, removed, or changed as directed by the Inspector subject to the limitations of this chapter.

14.12 LICENSES

(1) License Required. No person shall perform the work of an electrical contractor unless licensed by the State of Wisconsin. Qualifications for an electrical contractor's license shall be defined by the State of Wisconsin.

(2) Exemptions

(a) Employees of electrical, telephone, telegraph and railway utilities may perform the planning or superintending and installation, operations and maintenance of equipment and materials required for the operation of the business of such utilities without a license, but when said employees perform said work on property or premises of others except when making service connections and installing and testing transformers, meters and other equipment ordinarily furnished by and remaining the property of the utility, they shall be licensed in the same manner provided for in this chapter.

(b) The operating engineers and their assistants in charge of power generating plants, prime movers, and all auxiliary equipment, and appliances connected therewith, shall be exempt in the supervision, maintenance, repairs and in the operation of the electrical equipment under their jurisdiction.

(c) Plant electricians regularly employed by an employer may not be licensed while doing electrical maintenance work that is limited exclusively to the plant or shop of their employees.

(d) Indentured apprentices who shall be registered with the Inspector may work without a license, but shall work the first 3 years of his indenture under the immediate supervision of a licensed master or journeyman electrician.

(e) A home owner may personally wire his own single-family dwelling, but a permit must be procured and work inspected and approved in the same manner as for a licensed electrician. An owner must prove his competence to conform with all rules and regulations. Home owner is a person owning and occupying as his permanent address a single-family dwelling.

(3) Revocation of Licenses. Any license under the provisions of this chapter may be revoked by the designated authority if the license violates any ordinance or law relating to electrical work or is guilty of installing electrical construction which is a hazard to life or property.

14.13 PERMITS

(1) When to Issue. The Inspector shall issue permits for all electrical installations for light, heat or power upon the filing of proper application which shall be made on forms furnished by the Inspector and shall describe the nature of the work as well as such other information as may be required for inspection. In no case shall any electrical work be started unless a permit has been obtained, unless the same be exempt. The Inspector may require the applicant to furnish plans and specifications covering the work to be done. No permit shall be required for repairs made necessary for the proper maintenance of an existing installation.

(2) Temporary Work. On applying for permit for temporary work a specified period of time for which such wiring is to remain in service must be stated. Service shall be cut off at the end of this period and shall not again be connected without written permission from the Inspector.

(3) Fees. Fees for permits shall be $2.50 plus the amount as follows based on value of work under the permit:

$0 - $10,000 - $1.00 per $100 value or fraction thereof

$10,000 - $50,000 - $0.50 per $100 value or fraction thereof

$50,000 or over - $0.25 per $100 per value or fraction thereof

Fees shall be paid to the Town Building Inspector.

14.14 INSPECTION

Upon the completion of the wiring of any building or before any wiring is to be hidden from view, the person doing the same shall notify the Inspector, and he shall inspect the installation within 48 hours of the time such notice is received. If, upon inspection, it is found that such installation is fully in compliance with this chapter and does not constitute a hazard to life or property, he shall approve the same and authorize concealment of such wiring or connection for electrical service. If the installation is incomplete or not strictly in accordance with this Chapter, he shall issue order to the person installing the same to remove all hazards and make the necessary changes or additions within 10 days. Concealment of electric work before inspection or failure to comply with the order of the Inspector shall constitute a violation of this chapter.

14.15 CONSTRUCTION REQUIREMENTS

(1) General. No certificate of inspection shall be issued unless the electric light, power, or heating installation and all other electrical apparatus connected with it are in strict conformity with the provisions of this ordinance and the rules and regulations of the State Electrical Code.

Any person who shall make any additions, corrections, alterations, or connections to the installation after approval of the Inspector shall be responsible for the correct operation of the installation.

(2) Wiring is Rigid Conduit or Electrical Metallic Tubing Required. Electrical wires for lights, heat, or power shall be installed in rigid conduit, electrical metallic tubing, flexible conduit or flexible metallic cable under the following conditions and locations. However, rigid conduit or metallic tubing shall be used for all feeder risers when installed next to outside, masonry walls of a building and in all buildings of fire resistant construction.

  1. Where it is impossible to use metallic conduit, small runs of flexible conduit or armored cable will be permitted by written permission from the Inspector.

(b) Where conduit is used for the electric service wires and exposed to the weather, it shall be rigid conduit. Where used as a mast type riser it shall be not less than the two-inch size.

(c) In basements, subbasements, cellars, subcellars, and any accessible space under the lower floor, exposed wiring, i.e., wiring which is not protected by a permanent surfacing such as plaster, paneling, etc., below the lower edge of joists, shall be rigid metal conduit, electrical metallic tubing, auxiliary gutter, bus ways or surface metal raceways. An exception shall be permitted by code for dryer and electric range feeders. Any other type of wiring entering the basement below the lower edge of joists shall not exceed 18 inches in length to the first junction box.

(3) Wiring in Other Than Metallic Conduit. Concealed electric wiring for light, heat or power in buildings now built in new or finished residences containing not more than 4 families shall be installed in metallic conduit, armored cable, metal raceways, or other approved methods, such as nonmetallic sheathed cable.

(4) Each Floor or House to be Entirely Separate Circuits. All floors of stories of residences, flats, apartments, etc., that can be used for separate living quarters, must be wired on separate circuits from other floors so that they may be metered separately and no outlets for certain floors may be connected to other circuits.

(5) Wires for Different Apartments. Wires of different apartments shall not occupy the same raceway, enclosures, cable armor, outlet box, fitting, junction box, or cabinet except by special permission. Motors for oil burners, gas burner and strokers shall be wired on individual branch circuits.

(6) Type of Service Required. A 100 ampere 3 wire single phase service shall be mandatory and shall serve not less than 8 circuits on all new residences of 500 to 1200 square feet of usable floor space (including utility space in basement). On any new or remodeled residence or building housing more than one family or with a usable floor space above 1200 square feet, the service size shall be determined according to load demand, but shall not be smaller than the 100 ampere minimum. One main disconnecting switch must be provided for each metered service of 200 amperes of less.

(7) Fractional Horse Power Motors. Outlets for sump pumps and other fractional horse power motors shall be wired on separate circuits or provisions made for proper fusing. This applies to all fractional horse power motors which contain automatic starting facilities.

(8) Heating Equipment. All electrical resistance type heating equipment such as baseboard, wall and ceiling panels, a sidewalk and driveway heating cables, etc., shall be installed by a licensed contractor as covered by this chapter.

(9) Sump Pump Regulations

(1) Sump Pump discharge in any manner other than as specified by this ordinance shall constitute a violation thereof and shall subject the offender to penalties as set forth in this chapter.

(2) Every foundation drain shall be connected to a sump pit containing an approved sump pump pursuant to the regulations set forth by the Plumbing Inspector for the Town of Menasha, the plumbing regulations for the Town of Menasha, and as specified elsewhere in the Municipal Code of the Town of Menasha and in the regulations of Sanitary District #4.

(3) Sump pumps are to be installed for the purpose of discharging clear water from foundation drains and ground infiltration and shall either discharge into an underground conduit leading to a drainage ditch for that purpose, or shall discharge onto the ground of the property owner at least two feet or more from the building from which the water is being pumped, and not closer than ten feet to the property of adjacent owners. That the place of discharge shall be determined at the point where the water is discharged upon the ground from hoses, pipes and other connections to the sump pump.

(4) A violation of this ordinance shall occur where the discharge creates icing problems on Town roads or walkways, or creates a situation causing damages to Town roads or to Town property, or creates ponds of standing water or flows over adjoining property. If such condition exists or is created, the Building Inspector shall require the owner of the property discharging the water to install an underground lateral or surface discharge connection which shall cause the water from the sump pump to be discharged in such a manner as not to interfere with the use of property by adjacent property owners.

14.16 ARBITRATION

When the Inspector condemns all or part of the electrical installation in any building, the owner within 5 days after receiving written notice from the Inspector may file a petition in writing for review of said action of Inspector to the Town Board, upon receipt of which said board shall at once proceed to determine whether said electrical construction complies with this chapter and within 3 days shall make a decision in accordance with its findings.

14.17 LIABILITY OF OWNER OF ELECTRICAL WIRING AND EQUIPMENT

This Chapter shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to anyone injured or any property destroyed by any defect therein, nor shall the municipality be held as assuming any such liability by reason of inspection authorized herein, or certificate issued as herein provided.

HEATING, VENTILATING AND AIR CONDITIONING

Administrative Provisions

14.18 LICENSING AND ADMINISTRATION

(1) License, Registration, and Certification Requirements

(a) No person shall engage in the business of installation, servicing, repairing or cleaning of heating or ventilation or air conditioning equipment without complying with all licensing, registration, and certification requirements of the State of Wisconsin.

UDC construction contractors must be state-certified to take out permits. No person shall engage in the business of construction, including, but not limited to remodeling, additions, etc., without complying with all certification requirements of the State of Wisconsin.

(b) Firms, Partnerships, Etc. A firm, partnership, or corporation may perform or contract to perform the work described in paragraph (a) so long as it employs a person licensed hereunder who shall have immediate supervision of such work. If the licensee ceases to be employed by such firm, partnership or corporation, a new licensee shall be employed within 60 days.

(c) Heating Contractor. A person licensed as required above and the person, firm, partnership or corporation who employs such license shall be a licensed Heating Contractor for purposes of this chapter.

(d) Exception. The owner and occupant of their own home housing not more than 2 families may do the work described in paragraph (a) in such homes without a license, but they must obtain a permit therefor and such work must be inspected and approved by the Building Inspector.

14.19 PERMITS

(1) Taking Out Permit for Another Prohibited. No licensee shall take out a permit for work to be done by another contractor. Violation of the subsection shall be cause for revocation of the contractor's permit, and the Building Inspector may refuse the work.

(2) When Permit Required. A permit shall be required for new installations and additions and alterations to any type of heating, ventilating and air conditioning installation and any type of duct work.

(3) Permit fees shall be $5.00 plus $1.00 per $1,000 cost over $2,000 of value of work.

14.20 INSPECTION

(1) The Building Inspector shall examine and approve when correct, all plans and specifications for the performance of any work governed by this Chapter, to point out in what respect such plans or specifications are defective or in violation of this Chapter, to inspect all work done in this area that requires inspection, to stop work being done in violation of this chapter. The Inspector shall have the right to enter upon a premise or into any building or enclosure where he has reasonable cause to believe work is being done.

(2) In any new building or addition, immediately upon completion and prior to use of those portions of the installation which are thereafter concealed or covered, the heating contractor must notify the Inspector. No person shall lath, plaster or cover any such work before inspection has been made. The Inspector must make inspection within 2 working days after notice for inspection, excepting Sundays or Holidays. All other inspections (such as old work) shall be made immediately upon notification of completion of such work.

(3) In any new building or addition, immediately upon completion and prior to use of those portions of the installation which are thereafter concealed or covered, the heating contractor must notify the Inspector. No person shall lath, plaster or cover any such work before inspection has been made. The Inspector must make inspection within 2 working days after notice for inspection, excepting Sundays or Holidays. All other inspections (such as old work) shall be made immediately upon notification of completion of such work.

REGULATION OF HEATING AND VENTILATING

14.21 GRAVITY WARM AIR SYSTEM

(1) Definition. The term "gravity warm air heating system" when used in this Chapter, shall mean any warm air furnace enclosed with all appurtenances thereto or connections therewith, intended to heat any building or enclosure by gravity circulation only, wherein no mechanical force or equipment is applied.

(2) Manuals Adopted. The heat loss of the structure, (shall include basement) selection of the furnace, registers and grilles, pipe sizes, and installation details shall be in accordance with provisions of Manual No. 5, "Gravity Code and Manual for the Design and Installation of Gravity Warm Air Heating Systems" and Manual No. 3 "Measuring Heat Losses" of the National Warm Air Heating and Air Conditioning Assoc.

(3) Refer to Manual No. 5, Page 22, No. 318. Heads of all cold air ducts are to be lined with metal. All cold air ducts are to be connected to the furnace.

(4) Limit controls shall be installed on all gravity type heating units.

14.22 FORCED WARM AIR WINTER AIR CONDITIONING

(1) Definition. The term "Forced Warm Air Winter Air Conditioning System" when used in this chapter shall mean one or more warm air heating units within individual housing or within one common housing, one or more motor driven blowers, smoke or vent pipes, individual leader pipes or truck line systems, or both, with necessary control dampers for supply and return air, automatic controls, registers, faces and grilles, and with provision for other appurtenances such as filters, air washes, ozonators, humidifiers, etc., as may be desired.

(2) Manuals Adopted. The heat loss of the structure, (shall include basement) selection of furnace size, blower size, registers and grilles, individual pipe or trunk line duct size, register air temperature; controls; and construction details, shall be in accordance with the provisions of Manual No. 7, "Code and Manual for the Design and Installation of Warm Air Winter Air Conditioning Systems," and Manual No. 3, "Measuring Heat Losses," all of the National Warm Air Heating and Air Conditioning Association.

(3) All warm air ducts that are concealed are to be covered with 15-pound asbestos paper. All ducts that pass through wood must be covered with 15-pound asbestos paper. Heads of all cold air ducts are to be lined with metal. All cold air ducts are to be connected to the furnace. On a counter flow oil or gas unit, the cold air returns must be completely lined with metal from registers to the furnace.

(4) Where it is necessary to remove bridging from floor to ceiling joist, it shall be replaced with bridging either wood or metal in line with other bridging. Where it is necessary to cut out the top plates of a partition to allow passage of a duct or stack, it shall be reinforced with a 2" angle of not less than 20 gauge to extend 1 foot on either side of partition removed.

(5) In no case is it permitted to install a return air register in the utility room.

14.23 WARM AIR CEILING PANEL SYSTEMS

(1) Definition. The term "Warm Air Ceiling Panel System" when used in this chapter shall mean a system of heating wherein warm air is circulated through a ceiling "panel" to provide "radiant" heat.

(2) Manuals Adopted. The heat loss of the structure, (shall include basement) the selection of the furnace, the blower size, the size of the supply and return pipes or ducts, the area and construction of the ceiling "panels," the construction details; shall be in accordance with the provisions of Manual No. 7-A, "Code and Manual for the Design and Installation of Warm Air Ceiling Panel Systems" and of Manual No. 3, "Measuring heat Losses," both of the National Warm Air Heating and Air Conditioning Association. In no case is it permitted to install a return air register in the utility room.

14.24 PERIMETER HEATING

(1) Definition. The term "Perimeter Heating" when used in this Chapter shall mean a system of heating wherein the warm air is circulated to registers located on the outside walls at or near the floor of the structure heated.

(2) Manuals Adopted. The heat loss of the structure (shall include basement) the selection of the furnace, the blower size, the size of the supply and return ducts, the registers and grilles - controls shall be in accordance with the provisions of Manual No. 4, Warm Air Perimeter Heating" and of Manual No. 3, "Measuring Heat Losses," both of the National Warm Air Heating and Air Conditioning Association. In no case is it permitted to install a return air register in the utility room.

14.25 HOT WATER AND STEAM HEATING EQUIPMENT

(1) Scope. The regulations apply to one-and two-family homes. The Wisconsin Heating, Ventilating and Air Conditioning Code, Chapter Industrial 59, Wisconsin Administrative Code is adopted by reference as to other buildings.

(2) Definitions. The following definitions shall govern as to the meaning and scope of the various terms employed in the section.

(a) Gravity Hot Water Systems. Gravity hot water heating systems are those in which the water is circulated through the radiation and connecting piping by virtue of the difference in density of the water in the flow and return risers.

(b) Gravity. Pipe sized in this type job shall be with all arms or feeders to individual radiators having same total area as main.

(c) Open Gravity Systems. Open gravity hot water heating systems are those in which expansion tanks are used, installed above the level of the highest radiator of the system which they serve, and vented directly to the atmosphere.

(d) Closed Gravity Systems. Closed gravity hot water heating system are those in which some device enables the system to be operated at a pressure in excess of the pressure corresponding to the static need of the system.

(e) Forced Hot Water Systems. Forced hot water heating systems are those in which the water is circulated through the radiation and connecting piping principally by means of a pump.

(f) Supply or Flow Mains. The supply or flow mains of a hot water heating system are those pipes through which the water flows from the boiler and to which the radiator supply branches are connected.

(g) Return Mains. The return mains of a hot water heating system are those pipes through which the water flows on its return to the boiler and to which the radiator return branches are connected.

(3) Sized of Mains, Risers and Radiator Connections for Gravity Hot Water Systems.

(a) Gravity Hot Water Systems. Sizes of mains, risers, and radiator connections shall be selected from capacity tables as shown in the Heating, Ventilating and Air Conditioning Guide, Panel Heating Contractors National Association, as listed in Appendix No. 1. Piping systems shall include an expansion tank of proper size.

(b) Forced Hot Water Systems. Size of mains, risers and radiator connections shall be selected according to the method and data given in the Heating, Ventilating and Air Conditioning Guide, as listed in Appendix No. 1. The amount of water required in gallons per minute shall be determined by the formula: G.P.M. equals total B.T.U. per our divided by the temperature drop time 60 times 8. Where 60 equals minutes per hour and 8 equals pounds per gallon water. A maximum temperature drop of 20 degrees shall be used in determining G.P.M. requirements for forced hot water system.

(c) Selection of Pumps. Pumps shall be selected from manufacturer's pump capacity charts. The minimum allowable head pressure shall be 2-1/2 feet.

(d) Size of Pipe to be Installed. Having determined the equivalent length pipe in the longest circuit and the total gallons per minute for the entire system, the sizes of pipe to be used for mains and risers shall be selected from the Heating, Ventilating and Air Conditioning Guide, as listed in Appendix No. 1. The friction loss per foot of pipe shall be between 100 and 500 mil. inches.

(4) Piping and Piping Connections and Equipment for Hot Water Heating Systems. Piping and piping connections and equipment hereafter installed for all hot water heating plant installations or portions of such installation, shall conform to the following requirements:

(a) Pipe. All pipe used shall be not less in weight and strength than that known to the trade as "Standard Wrought Pipe." Brass pipe and copper tubing may be so used, the weight of all such pipe and tubing to be Type M, or heavier, for aboveground, and Type L, or heavier, for underground.

(b) Reaming. All pipe, after cutting shall be reamed to full internal diameter.

(c) Fittings and Joints. Piping may be joined together by welding or by the use of fittings. Such welds shall be made in a neat and workmanlike manner, and shall be as strong as base metal. Fittings shall be of cast or malleable iron or of brass, and of standard weight, with clean-out threads and free from blow-holes or other defects.

(d) Expansion and Contraction, Allowance For. In all piping systems, which are subject to expansion and contraction, provision shall be made for adequate anchorage and protection against damage to piping from such expansion and contraction. All risers shall be so anchored and safeguarded that the difference in length, when hot, from the length when cold, shall not disarrange the necessary provisions for drainage of the branches or distort, damage, or displace radiators.

(e) Piping to be Securely Supported. Piping installed under ceiling shall be securely supported by substantial metal hangers so spaced that there will be no sag in piping between points of suspension, and where run on walls shall be securely supported by metal brackets or pipe supports similarly spaced. Supports shall be so arranged that there will be no undue strain on the threads of any pipe or fittings.

(f) Pitch. All piping shall be pitched either up or down so that all gases which are liberated from the water can move freely to a vented section of the system. Whenever practicable, the pipe line shall be the same direction as the water. When a pipe system cannot be installed without creating air pockets, that is, sections in the system from which liberated gases cannot escape, such sections shall be provided with automatic air relief values which may be operated manually when necessary.

(g) Drainage. All piping shall be arranged so that the entire system can be drained, either to permit alterations or repairs, or to prevent freezing if the system is not to be operated during a cold period.

(h) Friction Head to be Equalized. The piping system shall be installed so that each circuit has its correct friction head. This shall be accomplished by making the pipe line as short as possible and providing as few fittings as possible where it is necessary to minimize the friction, and by increasing the length of pipe and number of fittings where necessary to increase the friction. Where the correct balance cannot be obtained by use of pipe and fittings, balancing cocks or orifices shall be used. Whenever 2 or more heating circuits are connected to the same source of supply, balancing cocks shall be installed in each branch circuit.

(i) Expansion Tanks and Relief Valves. Expansion tanks and relief valves shall be installed in accordance with the following provisions:

(1) Expansion Tanks for Open Systems. Each open hot water system shall be provided with an expansion tank which meets the following minimum requirements. The minimum contents of an open tank should be 0.06 of the volume of the water in the system, including that in the boiler, heat transmitters, pipes, etc. They shall be located at least 3 feet above the highest radiator. Provisions must be made to prevent freezing of the water in the tank as well as in the pipe leading to the tank.

In gravity circulations system, the pipe to the open expansion tank should be connected to the supply riser from the boiler, so that air liberated from water in the boiler will enter the expansion tank. In forced circulation system, the pipe of an open expansion tank should be connected on the suction side of the circulating pump.

(2) Closed Expansion Tanks. Minimum contents of a closed expansion tank must be such that the expansion of the water due to the increase in temperature, will be cushioned against a reservoir of compressed air above the water level in the expansion tank. Manufacturers ratings of expansion tanks, or method for selecting expansion tanks as given in Section V of Bell & Gossett Company Engineering Manual - 1954 Edition, may be used in selecting the expansion tank.

(3) Relief Valves. Every closed hot water heating system shall be provided with a relief valve which shall be of adequate size and so constructed as to insure positive relief of any pressure over the pressure rating of system. Relief valves so employed shall be of such nature and so constructed and arranged as to permit of their being tested manually to determine their operating condition. Each such relief valve shall be placed on the boiler side of all valves and accessories, and shall be located not lower than the crown sheet of the boiler. The discharge from the relief valves shall be piped to within 18 inches of the floor or to an open receptacle. Feed water valves shall be subject to same provisions as relief valves.

(5) Minimum Requirements for the Design and Installation of Hot Water Radiant Panel Heating System.

(a) Hot Water Radiant Panel Heating System. All hot water radiant panel heating systems shall be designed according to standard set forth in Heating, Ventilating and Air Conditioning Guide, Part VI, Panel Heating Contractors National Association, Mechanical Contractors Association of America, as listed in Appendix No. 1.

(b) Panel Surface Temperature. The maximum surface temperature for floor panels shall be 85 degrees F. and for ceiling panels shall be 120 degrees F. Screw threads will not be permitted in coils or grids embedded in concrete slabs or in plaster. Ferrous fabrication shall be all-welded except in equipment room above floor or in boxes or covered recesses in slabs where flow adjusting cocks are installed. Where nonferrous pipe or tubing is used in concrete slabs or in plaster, solder sweat fittings shall be used throughout and no ferrous to nonferrous connections shall be embedded in concrete, in plaster or concealed in the construction, nor shall nonferrous pipe or tubing come in contact with steel reinforcing in slabs. Threaded pipe and fittings may be used in equipment room above floor or in accessible recess boxes where adjusting flow cocks are installed in slabs. A balancing cock or valve shall be installed in each individual coil branch either on the supply side or on the return side. Concealed or embedded pipe or tubing shall be tested before being covered to a hydrostatic or compressed air pressure of not less than 100 pounds gauge.

(6) Minimum Requirements for Determination of Amount of Direct Steam or Hot Water Radiation to be Installed in a Steam or Hot Water Heating System.

(a) Selection of Cast Iron Radiation

(1) Steam. The amount of equivalent direct radiation to be installed in a given room where unenclosed radiators are to be employed, shall be determined by dividing the heat loss of the room in B.T.U. per hour by 240.

(2) Hot Water. The amount of equivalent direct radiation to be installed in a given room where unenclosed radiators are to be employed shall be determined by dividing the heat loss of the room in B.T.U. per hour by the B.T.U. heat emission of the radiation at the design average water temperature as given by the manufacturer of the radiation.

(b) Design Water Temperature

(1) Gravity Hot Water. Gravity hot water system shall be designed on the basis of 170 degrees F. average water temperature. Only radiation designed for gravity hot water shall be used.

(2) Forced Hot Water. The average water temperature to be used in designing forced hot water systems will vary, depending on the pressures carried in the boiler.

(3) Enclosed Radiators. If cast iron direct radiators are to be recessed or enclosed in a cabinet, proper allowance shall be made for capacity loss or gain incurred by this type installation.

(4) Selection of Convectors and baseboard rating used in selecting convectors and baseboard shall be those as published by the Mechanical Contractors Association of America, or any other nationally recognized rating authority.

(5) Convectors and Baseboard Used on Steam. All convectors used with steam as the heating medium shall be piped as a 2 pipe system unless the convector is specifically designed for use on a one pipe system. All baseboard radiation shall be piped as a 2 pipe system and shall be installed according to the manufacturer's recommendations.

(7) Minimum Capacity and Installation Requirements for Low Pressure System and Hot Water Boilers: Ratings for Such Boiler, How Determined: High Pressure Source of Steam Supply. The manner of installation of all low pressure steam and hot water boilers hereafter installed for use in connection with heating systems, the minimum required capacities thereof and the ratings to be assigned thereto shall conform to the following provisions:

(a) Boiler Foundation. Each steam or hot water boiler hereafter installed in any basement for use in connection with a heating plant shall be supported on a level concrete foundation. Where installed on any floor above the basement, each such boiler shall rest upon concrete or other fireproof floor, construction having no wooden or other combustible finish.

(b) Boiler Capacity to be Installed

(1) The boiler shall have sufficient capacity to take care of the radiation load, hot water supply load, piping loss and any other load which might increase the total load of the boiler. Ratings used shall be net load recommendations as published by the Mechanical Contractors Association of America, or Institute of Boiler and Radiator Manufacturers, or Steal Boiler Institute, or American Gas Association.

(2) No person shall sell or install any boiler for use in the Town that has not been rated by any of the above mentioned organizations or until the boiler has been approved by the Inspection Department. The application for approval shall include name of boiler, manufacturer's name, complete literature giving all physical dimensions and manufacturer's recommended net load.

(3) The American Gas Association Ratings as above provided for are gross or nozzle ratings with no allowance made for pickup and piping loads.

The following table sets forth factors which shall be used in determining net load ratings of boilers based on gas input. These factors when multiplied by the B.T.U. gas input to the boiler will give the net rating of the boiler in B.T.U.

Net Load Rating Factors for Gas Fired Boiler

Gas Fired Boiler

Steam Boilers

Input B.T.U. Output B.T.U.

99 0.51

173 M 0.52

282 M 0.53

372 M 0.54

748 M 0.55

1124 M 0.56

1500 M 0.57

1500 M - over 0.58

Hot Water Boilers

1570 M 0.60

2470 M 0.61

2470 M - over 0.62

(c) Steam Supply, Where Taken from High Pressure Boilers. In every case where steam supply for a low pressure heating plant is taken from a high pressure boiler or boilers from which steam may or may not be furnished for other purposes, the capacity of such boiler or boilers shall be adequate to meet the demand to be placed upon them under peak load conditions, and a proper reducing value or valves with bypasses, capable of maintaining a reduced pressure of not to exceed 15 pounds per square inch on the heating system shall be installed between said high pressure boiler or boilers and the heating system. A relief valve of proper capacity set at not to exceed 15 pounds per square inch shall be installed on the low pressure side.

(8) Minimum Requirements for Pipe Sizes or Low Pressure Steam Vapor and Vacuum Heating Systems

(a) Pipe sizes of all low pressure steam, vapor and vacuum heating systems shall be as herein provided for

(b) Definitions

(1) A gravity system is one in which the condensate is returned to the boiler by gravity due to the static heat of water in the return mains. The elevation of the boiler water line must consequently be sufficiently below the lowest heating units and steam main dry return mains to permit the return of condensate by gravity. The water line difference must be sufficient to overcome the maximum pressure drop in the system, and when radiator and drip traps are used as in two pipe vapor systems, the operating pressure of the boiler. This applies only to closed circuit systems, where the condensation is returned to the boiler. If the condensation is wasted no water line difference is required.

(2) A Mechanical Return System is one in which the condensate flows to a receiver and is then forced into the boiler against the boiler pressure. The lowest parts of the supply side of the system must be kept sufficiently above the water line of the receiver to insure adequate drainage of water from the system, but the relative elevation of the boiler water line is unimportant in such cases except that the discharge head on the mechanical return device becomes greater as the height of the boiler water line above the pump increases. There are 3 general types of mechanical returns in common use, namely:

(a) The mechanical return trap

(b) The condensation return pump

(c) The vacuum return pump

(3) Service Mains

(a) Supply Service Mains are those pipes through which the steam flows from the boiler or pressure reducing valve and to which the radiator supply branches are connected.

(b) Return service mains are those pipes which carry condensate to the boiler or mechanical return device, and to which the radiator return branches are connected.

(4) Downfeed or overhead systems are those in which the supply mains are above the level of the radiation which they serve.

(5) Up-feed systems are those in which the supply mains are below the level of the radiation which they serve.

(6) One-pipe systems are those in which the steam supply to the radiation and the return of condensation flow are in opposition to each other.

(7) Two-pipe systems are those in which one pipe is used for the supply of steam to the radiator and another for the return of condensation.

(8) Dry returns are those returns through which both water and air are being passed.

(9) Wet returns are those returns through which water only is being passed.

(10) Vacuum returns are those returns through which both water and air are being passes and upon which a vacuum is maintained at all times through the medium of a vacuum producer.

(11) Equivalent length of run is the actual distance in feet from source of steam supply, boiler or pressure reducing valve, to the farthest radiator in system, and then back along return line to boiler or mechanical return device, plus resistance of all fittings and valves as expressed in terms of straight pipe.

(12) Transmission mains are those pipes which though not actually a part of the heating system proper are connected to the service mains of the system and act as sources of supply to same.

(c) Service Main Design. All supply and return mains in heating system shall be designed for a low initial pressure and a reasonable small pressure drop. The total pressure drop shall never exceed 1/2 of the initial pressure when condensate is flowing in the same direction as the steam. Where condensate must flow counter to the steam, the governing factor is the velocity permissible without interfering with condensate flow.

Capacity Tables as shown in the American Society of Heating and Ventilating Engineers Guide, as listed in Appendix No. 1, shall be used when designing steam supply and return mains. It shall be noted that these tables show the capacity of pipe per 100 feet of equivalent length of run. In using these tables allowance shall be made for fittings and length of run.

All steam supply and return mains shall be pitched not less than 1/4 inch in 10 feet.

(d) Steam Riser and Runout Design. The size of all risers and runouts shall be taken from the tables in the American Society of Heating and Ventilating Engineers Guide, or Part 3, Pipe Sizes and Design of Heating, Piping and Air Conditioning of the Contractors National Association, as per Appendix No. 1. Radiator runouts over 8 feet long shall be increased one pipe size. Pitch of horizontal runouts to risers and radiators should be not less than 1/2 inch in 10 feet. Supply mains, branches to risers or risers shall be dripped where necessary. Where necessary, supply main, supply riser, or branches to supply riser should be dripped separately into a wet return.

(9) Piping and Piping Connections and Equipment for Low Pressure Steam, Vapor and Vacuum Heating Systems. Piping and piping connections and equipment hereafter installed for all steam heating plant installations, or portions of such installations, shall conform to the following requirements.

(a) Pipe. All pipe used shall be not less in weight and strength than that known to the trade as "Standard Wrought Pipe." Provided, that brass pipe and copper tubing may be so used where desired, the weight of all such pipe and tubing to be subject to the approval of the Inspection Department. No pipe or tubing shall be so used that it is not in sound condition.

(b) Reaming. All pipe, after cutting shall be reamed to full internal diameter.

(c) Fittings and Joints. Piping may be joined together by welding or by the use of fittings. Such welds shall be made in a neat and workmanlike manner and shall be as strong as base metal. Fittings shall be of cast or malleable iron or also of brass, and of standard weight, with clean-out threads and free from blow holes or other defects.

(d) Expansion and Contraction, Allowance For. In all piping systems which are subject to expansion and contraction, provision shall be made for adequate anchorage and protection against damage to piping from such expansion and contraction. All risers shall be so anchored and safe-guarded that the difference in length, when hot, from the length when cold, shall not disarrange the necessary provisions for drainage of the branches or distort, damage or displace radiators.

(e) Piping to be Securely Supported. Piping installed under ceilings shall be securely supported by substantial metal hangers so spaced that there will be no sag in piping between points of suspension, and where run on wall shall be securely supported by metal brackets or pipe supports similarly spaced. Supports shall be so arranged that there will be no undue strain on the threads of any pipe or fittings.

(f) Drips. All points at which accumulations of water or condensation are liable to occur in steam supply pipes shall be properly dripped. The method of such dripping to be subject to the approval of the Inspection Department.

(g) Radiator and Boiler Connections. Supply and return connections to radiators and boilers shall be in accordance with the following provisions:

(h) Radiator Connection. In two-pipe systems, the return connection for each radiator shall be made at the bottom of the radiator by means of either an eccentric bushing turned down or a water-leg section and the supply connection shall be made at the opposite end of the radiator either at top or bottom. In every case, connection to each radiator of a one-pipe system shall be made at the bottom by means of either an eccentric bushing turned down or a water-leg section.

(i) Boiler Connections. Steam boiler outlets shall not be bushed. Steam boilers with multiple outlets shall have at least 2 of these outlets connected to a header the area of which shall be at least equal to the combined areas of the steam supply mains connected to it. All steam boilers used in connection with systems having gravity returns shall be provided with a Hartford return connection.

(10) Condensation Pumps, Vacuum Pumps, Boiler Feed Pumps and Combination Thereof, Etc., Capacity and Installation Requirements. The following provisions shall govern the capacities and manner of installation of all condensation pumps, boiler feed pumps and combination thereof, traps, etc. hereafter installed in connection with steam heating plants:

(a) Capacities. In all cases where condensation pumps or vacuum pumps or boiler feed water pumps, or any combination of such devices, or traps, etc. are used in connection with steam heating plants, the capacity of each such device or combination of devices shall be subject to the approval of the Inspector.

(b) Pipe Connections. Pipe connections shall be independently supported in such manner as to prevent undue stresses in pups or traps, due either to weight or expansion.

(c) Equipment. All equipment shall be installed in accordance with the manufacturer's recommendations, subject to the approval of the Inspector.

(d) Chimneys. Chimney as pertains to this code, is prefab type. (For masonry chimneys, see Building Code.) Manufacturers of prefab chimneys must clearly label product as to temperature designed for. Also, type of fuel designed for, and must be accompanies by an adequate trap.

(e) Incinerators. For incinerators, temperature requirements vary depending on capacity of incinerator and items being burned. See following examples:

Two Bushel Flueless - Minimum prefab chimney designed for 800 degrees F.

Three Bushel Flueless - Minimum prefab chimney designed for 1200 degrees F.

Four Bushel and Larger - Minimum prefab chimney designed for 1600-2000 degrees F. See Industrial Commission Code requirement.

Under no conditions can incinerators be installed on metal-asbestos vents. Caution shall be exercised to avoid the installation of incinerators, flueless or other, on prefab chimney that does not comply.

14.26 ELECTRIC HEATING

Electric heating as applies to this code covers good installation procedures, central boilers, furnaces, heat pumps, etc. Electric baseboard radiation and resistance heating equipment can be sold by contractors licensed under this code, but all electrical work and electrical permits must be by licensed electrical contractor. All resistance heating equipment must be installed to comply with Manufacturer's Recommendations.

14.27 OIL BURNER AND OIL BURNER EQUIPMENT FOR SINGLE AND TWO FAMILY RESIDENCES

(1) Definition. The term "oil burner" when used in this section, shall mean any device , for use in connection with a heating system, designed to burn fuel oil having a flash point of 100 degrees F., or higher, as determined by the Tag Closed Tester in accordance with the method of test adopted by the American Society for Testing Materials (A.S.T.M. Designation D56-21) and having a fuel tank or container with a capacity of more than 10 gallons connected thereto. The term "oil burner equipment" above, and all tanks, piping, pumps, control devices, and accessories used in connection therewith.

This section shall not apply to portable burners not requiring connection to a flue, such as oil stoves, oil heaters, and oil lamps equipped with a wick or a mechanical device, the movement of which is essential to flame adjustment.

(2) National Board of Fire Underwriters Standards Adopted. The approval of oil burners, fuel oil, use of nonautomatic burners, gravity feed to oil burners, pressure tanks, underground tanks, tanks inside buildings, tank construction, tank vents, tank fill and overflow pipes, gauges, pumps, piping valves, heating oil, tests of tank covering, burner controls modifications, fire-proofing and all other installation details shall conform with the specification set forth as follows in this Code, in Pamphlet No. 31, "Installation of Oil Burning Equipment" of the National Board of Fire Underwriters.

(3) Insulation on Conversion Oil Burners. On conversion oil burners either high pressure or low pressure there must be at least 1 inch block insulation under combustion chamber. Sides of combustion chamber must be filled in with high heat resistant wool.

(4) Fresh air must be supplied to any automatic fired heating unit where unit does not have any other means of receiving air to burner. All oil burning installations must have a barometric draft stabilizer property installed.

(5) Fuel Oil Tanks

(a) Inside fuel oil tanks cannot be more than 275 gallon capacity but may have 2 such tanks connected with a 3-way valve. Any tank larger in size is to be enclosed by masonry type wall of not less than 4 inches thick. No tank can be more than 500 gallons.

(b) Where fuel line crosses floor only copper tubing is to be used and must be buried in the floor. Fuel oil tanks located in the basement must be 5 feet 5 inches from the point of the heating unit or burner. Fill pipe to be a 2 inch pipe and vent pipe to be 1-1/4 inch pipe.

(c) Every fuel oil tank must be supplies with a proper size oil filter unless the oil burner does not require a filter.

(d) Every fuel oil tank installed inside must be supplied with a tank whistler, 1-1/4 inch in size and a Fuel Oil Gauge.

(e) All fuel oil fill and vent pipes are to be vented to the outside of the building and cannot be installed in garages. Outside fuel oil tanks over 50 gallon capacity must be buried according to state Flammable Liquids Code. No tank over the 50 gallons can be installed aboveground, unless there is a masonry wall of at least 4 inches thick and on concrete footing of at least 6 inches thick.

(f) Oil tanks inside using overhead system to the burner must have to use a return line system (Two Pipe System).

14.28 STOKERS AND STOKER FIRED HEATING

(1) Definition. The term "stoker" shall mean a mechanical device for feeding solid fuel into the combustion chamber used in connection with a heating plant, whether automatically or manually controller.

(2) Stokers which are not equipped with automatic means of preventing excessive pressure or temperature of the heating medium, shall not be installed or operated in any location where a competent attendant will not constantly be on duty on the premises while the stoker is in operation.

(3) Each mechanical stoker shall be equipped with at least 1 high limit control so connected as to shut off power from the stoker drive in the event of excessive pressure or temperatures in the heating system. Each steam or vapor boiler shall be equipped with a low water cut-off.

(4) The approval of coal stokers, their installation, controls, etc., shall conform with the specifications of the "Technical Manual" of the Stoker Manufacturers Association.

14.29 MINIMUM REQUIREMENTS FOR THE INSTALLATION OF GAS FIRED EQUIPMENT

(1) General Rules

(a) The purpose of this section is to provide minimum standards for the design and installation of gas fired equipment and associated piping. All gas space heating equipment installed in the Town is subject to the inspection and approval of the Inspector who may order the installer or the Gas Company to disconnect any equipment which does not meet the requirements of this code, and no person shall reconnect the equipment until authorized by the Inspector to do so.

(b) Gas Companies may discontinue or refuse to supply gas for any gas piping or equipment which is in violation of this code, or otherwise considered to endanger life or property, provided the Gas Company shall immediately give notice of discontinuance to the department and the owner or occupant of the building or premises where such gas supply is discontinued or refused. In all cases where the supply of gas has been discontinued for safety reasons, the gas shall not again be supplied until authorized by the department.

(c) Gas appliances shall not be installed in any location where flammable vapors are likely to be present, unless the design, operation and installation are such as to eliminate the possible ignition of the flammable vapors.

(d) Every appliance shall be located so that it will be readily accessible for operation and servicing.

(e) Gas appliances shall be adequately supported and so connected to the piping as not to exert undue strain on the connections.

(f) Adjustments. Every gas appliance hereafter installed shall be properly adjusted by the person making the installation, and no such appliance, following the installation, shall be left connected to the gas piping unless every reasonable precaution has been employed to insure safe operation of the burners and proper combustion of the gas, due attention being given to draft conditions and ventilation.

(g) In no case shall an appliance be adjusted to pass a greater amount of gas than the maximum name plate rated capacity.

(h) Unauthorized Devices. No person shall, without the approval of the department, display, sell, barter, replace, offer for sale, lease, deal in, supply, rent, donate, connect, or install within the Town any device purporting to reduce gas consumption when such device is intended as an adjunct or addition to a gas appliance, or is suspended above, or will wholly or partially enclose any burner of a gas appliance in such a manner as to impair the combustion of the gas issuing from the burner.

(i) Where gas fired equipment is installed in a basement, bathroom, or under buildings, or within any other enclosed space, adequate provision shall be made to provide sufficient fresh air to support combustion and ventilation. Where gas heating appliances are installed in a small room or enclosure, a minimum cross-sectional area of ventilation shall be at least one square inch for every 1000 B.T.U. of the total input rating of all appliance installed or operating with the room or enclosure.

(j) Electric Wiring. All electrical connections shall be made in conformity with the provisions of the Electrical Code.

(k) The requirements of this code are minimum requirements and any questions concerning the safe installation of gas burning equipment which is not specifically covered in this code shall be resolved in accordance with the American Standard entitled "Installation of Gas Appliances and Gas Piping." Number Z, 21.30 latest edition and supplements available from the American Gas Association or from the local gas distributing company.

(1) The Inspector shall issue a Certificate of Approval at the completion of the gas work for which a specific permit has been issued, if, after inspection it is found that such work complies with the provision s of this Chapter and all other requirements of law or ordinance applicable thereto. A duplicate of each piping certificate shall be delivered to the Gas Company.

(2) Gas Fired Central Heating Furnaces (Design & Conversion)

(a) All new gas fired central heating equipment of either design type or conversion type shall be approved and listed by the American Gas Association Laboratories or the Underwriters Laboratories Inc. or some other recognized approved agency. The manufacturer's name, model and B.T.U. input shall be shown on a permanent marker attached to the furnace or boiler. The manufacturer's operating instructions shall be securely attached in a conspicuous location on or near the heating plant.

(b) No person shall install used central heating equipment unless a permit has been issued authorizing the installation.

(c) A central heating boiler or furnace shall be erected in accordance with the manufacturer's instructions and shall be installed on a firm, level, fire-resistive foundation unless listed for installation on a combustible floor, or the floor is protected in an approved manner.

(d) Central heating boilers and furnaces shall be installed with clearances not less than specified in Table No. 1, except that appliances listed for installation at lesser clearances may be installed in accordance with their listings.

Note: (Suitable precautions should be taken in accordance with prescribed practices whenever it is necessary to install a vent near combustible materials.)

Table 1

Minimum Clearances

for Listed Central Heating Boilers and Furnaces

Type of Distance from Combustible Construction - Inches

Appliance Above & Rear Front Projecting box or Draft Hood

Boiler 6 6 18 6

Furnaces 18 6 18 6

(e) Furnace of the revertible flue type shall be designed or modified to prevent the accumulation of gas in any part thereof. All gas fired units either design or conversion must have an escape door to allow pressure to escape. One inch steel pipe fastened to radiator (seal joint) at one end and other end to terminate in breaching or chimney.

(f) Furnace and chimney must be cleaned. (The chimney must be examined to determine if a liner is required.) All cast iron sectional furnaces being converted to gas MUST be reset, and any parts which show cracks or other defects must be replaced with new parts. This requirement does not apply to furnaces which have been taken down and reset, within the last year, providing no apparent defects are shown upon inspection. Proper evidence to show this has been done, together with who performed the work, must be furnished to the Inspector.

(g) Conversion Burners. Installation of conversion burners shall conform to American Standard Requirements for installation of Domestic Gas Conversion Burners, Z21, latest edition and supplements. (Available from American Gas Association, 420 Lexington Avenue, New York, New York)

(h) Central Heating Boilers and Furnaces on natural gas shall have a manual shut-off valve provided ahead of all controls 5 feet above floor for shutting off the main burner gas independently of the pilot gas.

(i) A union connection shall be provided downstream from the main manual shut-off valve to permit removal of the controls.

(j) All shut-off devices installed for use on liquified petroleum gas furnaces and boilers shall be designed to shut off the gas supply to both the main burner and the pilot burner when the pilot flame is extinguished.

(k) A handle is required on the main shut-off valve.

(l) Gas fired steam and hot water boilers shall be provided with approved automatic devices to shut down the burner in the event of undue pressure or low water in a steam boiler or overheating in a hot water boiler.

(3) Room Heaters

(a) Definition. A room heater is a free standing type of circulating heater installed in the room or area which it is intended to heat.

(b) A room heater shall be placed so not to cause a hazard to walls, floors, curtains, furniture, doors when open, etc. and to the free movements of persons within the room. Appliances designed and marked "For use in incombustible fire-resistive fire-place only," shall not be installed elsewhere. Room heaters shall be installed with clearances not less than specified in Table 2, except that appliances listed for installation at lesser clearances may be installed in accordance with their listings.

In no case shall the clearance be such as to interfere with the requirements of combustion air and accessibility.

Table 2

Minimum Clearances for Listed Gas-Fired Room Heaters

Distance from Combustible Construction

Inches

Type Jacket, Sides Projecting Flue Box or

and Rear Draft Hood

Warm Air Circulators 6 2

Radiant Heaters 6 2

Wall Heaters Flush -

Gas, Steam & Hot Water

Radiators 6 2

(4) Floor Furnaces. Floor furnaces are not permitted. A floor furnace is that type of furnace that is installed in the floor with no chance to work on unit or around same.

(5) Recessed Wall Heaters

(a) Recessed Heaters. Recessed heaters may be installed in combustible construction. Because of the necessity for closely correlating the installation of recessed heaters with the building construction, the department of inspection shall be consulted for the proper installation methods to be followed. Recessed heaters should be installed in accordance with the manufacturer's instructions.

(b) The installation of recessed heaters shall be such as to make them accessible for cleaning of heating surfaces, removal of burners, replacement of sections, motors, controls, filters, and other working parts, and for adjustment and lubrication of parts requiring such attention. Panels, grilles and access doors which must be removed for normal servicing operations shall not be attached to the building construction.

(6) Duct Furnaces

(a) Duct Furnaces. Gas-fired duct furnaces shall be installed with clearances of at least 6 inches between adjacent walls, ceilings and flue of combustible construction and the appliance, projecting flue box or draft hood, except that duct furnaces listed for installation at lesser clearances may be installed accordance with their listings. In no case shall the clearance be such as to interfere with the requirements for combustion air and accessibility.

(b) The ducts connected to or enclosing duct furnaces shall have removable access panels on both upstream and downstream sides of the furnace, unless all controls are accessible from the outside.

(c) The controls and draft hoods for duct furnaces shall be located outside the ducts. The draft hood shall be located in the same enclosure from which combustion air is taken.

(d) Circulating air shall not be taken from the same enclosure in which the furnace is located.

(e) Duct furnaces when used in conjunction with an air conditioning system shall not be located downstream from the evaporator coil.

(f) A duct furnace shall be erected and firmly supported in accordance with the manufacturer's instructions.

(g) The installation of duct furnace shall be such as to make them accessible for cleaning the heating surfaces, removal of burners, replacement of sections, controls, draft hoods and other working parts, and for adjustment of parts requiring such attention.

(7) Unit Heaters. Suspended type gas-fired unit heaters shall be safely and adequately supported with due consideration given to their weight and vibration characteristics. Gas-fired unit heaters shall be installed with minimum clearance of 6 inches between the appliance, projecting flue box or draft hood and combustible construction. The control side of a unit heater shall be spaced not less than 18 inches from any wall or partition.

  1. Gas Fired Water Heaters

(a)Venting of Gas Fired Water Heaters. All gas-fired water heaters shall be vented into a chimney or vented with an approved type "B" metal vent, extending through the roof and at least 2 feet above the ridge of the roof and capped with an approved type top to prevent back drafts. Such metal vents shall have the shortest possible run and have a slope of not less than 1/2 inch to the foot and in no case shall the vent be of smaller diameter than that of the appliance flue fitting. No damper shall be installed in any type "B" vent on a gas-fired appliance.

(b) The vent pipe shall not be smaller than the size indicated by the draft hood, and shall comply with the provisions of subsection(10).

(c) All natural gas-fired automatic water heaters shall be equipped with an automatic shut-off device which will shut off the gas supply to the main burner whenever the pilot flame is extinguished in accordance with requirements of the American Gas Association or other recognized testing authority.

(d) All shut-off devices installed for use on liquified petroleum gas-fired water heater shall be designed to shut off the gas supply to both the main burner and the pilot flame when the pilot flame is extinguished.

(e) All automatic control devices shall be located so as to be accessible for service work and the location of the heater in respect to adjacent walls and equipment shall allow easy access to all parts which may require repair or adjustment.

(f) Manually operated shut-off valve shall be installed in the gas supply line near the heater and 5 feet above the floor with proper handle.

(g) The water pipe for an automatic gas-fired water heater shall be equipped with a pressure and temperature relief valve. A 3/4-inch pipe shall be used in the relief valve line.

(h) Gas-fired water heaters shall not be installed in bathrooms, bedrooms, or small unventilated rooms.

(i) Water heaters shall be located as close as practicable to the flue or vent. They should be so located as to provide short runs of piping to fixtures.

(j) Water heaters shall be connected in a manner to permit observation, maintenance and servicing.

(k) No water heater shall be installed in a closed system of water piping unless an approved water pressure relief valve is provided.

(l) The installation and adjustment of temperature, pressure, and vacuum relief valve or combinations thereof, and automatic gas shut-off valves shall be in accordance with the requirements of the Department of Inspection, or, with the manufacturer's instructions accompanying such devices.

(9) Incinerators

(a) Gas Fired Incinerators. Listed gas-fired incinerators shall be installed as close as practicable to a chimney and with at least 12 inches clearance between sides and combustible construction, except that appliances listed for installation as lesser clearances may be installed in accordance with their listing. In no case shall the clearance be such as to interfere with the requirements for combustion air and accessibility. Incinerators of the wall type shall be installed in a noncombustible wall communicating directly with a chimney flue.

(b) No draft hood shall be connected into the smoke pipe of an incinerator. Where conditions permit, it is preferable to have the smoke pipe connected to a separate chimney flue.

(c) Smoke pipes shall have at least 18 inches clearance from combustible construction and shall not pass through combustible construction unless guarded at the point of passage.

(d) The smoke pipe from an incinerator to a Type A flue or vent shall be galvanized steel of a thickness at least No. 24 U.S. Standard Gauge, or of material having equivalent or superior heat and corrosion resistant properties, and the joints shall be secured by sheet metal screws.

(10) General Rules on Gas Flues and Vents

(a) All water heaters, all types of central heating equipment, all enclosed fire zone circulating heaters and unit heaters, hereafter installed shall be connected to adequate vents.

(b) All flue pipes from the heating unit to chimney must be of standard galvanized iron of not less than 24 gauge or approved Type "B" vents.

(c) Flue Pipes. The internal cross-sectional area of the flue pipe between the appliance and the chimney liner shall be such as to provide not less than one square inch cross-sectional area per 7,500 hourly B.T.U. input. In no case shall this flue pipe be less than 5 inches in diameter for central heating gas appliances, not less than 4 inches in diameter for any other space heating appliance, and it shall not be larger than the next integral inch diameter above the size given in the following table:

Minimum Permissible Flue Sizes

Input Rating B.T.U., Area of Flue Outlet, Diameter of Flue Pipe,

per hour sq. inches inches

Up to 94,500 12.6 4

From 94,500 to 147,000 19.6 5

From 147,000 to 212,250 28.3 6

From 212,250 to 288,750 38.5 7

From 288,750 to 377,250 50.3 8

From 377,250 to 477,000 63.6 9

Based on 1 square inch flue area per 7,500 B.T.U. per hour input.

Note: If flue pipe exceeds 10 feet in length or contains more than 2 elbows use the next largest size pipe and draft hood.

Chimney Liners: Height must be at least 2 feet above the highest portion of any structure within 15 feet of where the vent extends above the ridge.

(d) The installation of a cap or other device on the outlet of an appliance vent, which in any way obstructs the free passage of the products of combustion to the outside atmosphere, is prohibited.

(e) Horizontal vent pipe must be as short as possible and in no case shall the length exceed 75% of the vertical height of the flue or chimney to which it is attached. In no case shall it exceed 12 feet.

(f) Vent pipes shall not be closer than 2 inches to any combustible material, and in all cases where vent pipes are less than 4 inches from any combustible material, the same shall be protected with asbestos mill board of not less than 1/4-inch thickness.

(g) Where Type "B" vents are used, it shall not be necessary to use the mill board as hereinbefore provided.

(h) In the underfloor area, the minimum pitch upward of lateral runs of vents from the appliance must be at least 1/2-inch per foot.

(i) Connections of lateral vent pipes to cement asbestos or other Type "B" vents must be made with fittings designed by the vent manufacturers for this purpose.

(j) The installation of dampers or stops in the vent pipe attached to any appliance equipped with a draft diverter is prohibited.

(k) No manually operated damper shall be placed in any flue or vent connector. Fixed baffles ahead of draft hoods are not classified as dampers.

(l) A flue or vent connector shall not be connected to a chimney flue having a fireplace opening unless the opening is permanently sealed.

(m) The flue or vent connector shall be installed so as to avoid short turns or other constructional features which would create excessive resistance to the flow of flue gases.

(n) Type "B" vents shall be used only with approved gas appliances which produce flue gas temperature not in excess of 550 degrees F. They shall not be used for venting furnaces, boilers, or incinerators.

(o) Draft Hoods Diverter. Every vented appliance, except incinerators, dual oven type combination ranges, and units designed for power burners or for forced venting, shall have a draft hood. If the draft hood is not a part of the appliance or supplied by the appliance manufacturer, it shall be supplied by the installer and in the absence of other instructions shall be the same size as the appliance flue collar unless not recommended by manufacturer.

(p) A gas appliance flue or vent connector and a smoke pipe from an appliance burning another fuel may be connected into the same flue through separate openings, or may be connected through a single opening if jointed by a Y fitting, located as close as practical to the flue. If 2 or more openings are provided into one flue they should be at different levels. Incinerators require special high temperature chimneys.

(q) In order to promote better draft where more than one gas appliance flue or vent connector is connected to a flue or vent, the connections should be made at different levels, in residences of not more than 2 families.

(r) An automatically controlled gas appliance connected to a flue which also serves equipment for the combustion of solid or liquid fuel shall be equipped with an automatic pilot.

(11) General Rules on Gas Piping

(a) All pipe or tubing used for the installation, extension, alteration, repair of any house gas piping shall be of standard weight and standard dimension, and such pipe or tubing shall either be new or have been used previously for no purpose other than the conveying of gas. All such pipe shall be free from internal obstructions, splits, or other imperfections which render it unfit for the purpose intended, and the ends thereof shall be properly reamed.

(b) The use of cast iron fitting is prohibited.

(c) Threaded joints shall be made up with any approved pipe thread compound.

(d) The union used to connect the supply line to a space heating appliance shall be a ground joint union.

(e) All gas piping inside buildings must be securely strapped to joists or ceiling with metal straps or approved wire hangers.

(f) When installing gas piping which is to be concealed; unions, tubing fittings, running threads, right and left couplings, bushings and swing joints made by combination of fittings shall not be used.

(g) Semirigid gas tubing may be used to connect space heating appliances, provided it is of adequate capacity and approved.

(h) Gas piping in solid floors such as concrete shall be laid in channels in the floor suitably covered to permit access to the piping.

Soldered or sweated type of fittings shall not be used in a natural gas pipe.

(i) The use of flexible hose for the connection of space heating or water heating equipment is prohibited.

(j) When used on liquified petroleum gas, the joints on seamless copper, brass, steel or nonferrous gas tubing shall be made by means of approved gas tubing fittings, brazed or approved flared fittings with a material having a melting point exceeding 1000 degrees F. Black steel pipe is to be used for natural gas.

(k) Gas pipe or tubing inside any building shall not be run in through an air duct, clothes chute, chimney or flue, ventilating duct, dumb waiter, or elevator shaft, except proper duct for the purpose.

(l) Each outlet, including a valve or cock outlet, shall be securely closed gas-tight with a positive plug or cap if appliance is not to be connected at that time. When and appliance is removed from an outlet and the outlet is not to be reconnected at that time, it shall be securely closed gas-tight. In no case shall the outlet be closed with tin caps, wooden plugs, corks, etc.

(m) When condensation of liquified petroleum gas may occur, the piping shall be pitched back to the container, or suitable means shall be provided for vaporization of the condensate. Compounds used in making up joints shall be resistant to the action of LP-gases.

(n) For each central space heating installation a separate gas supply line of not less than one-inch nominal pipe diameter shall be extended from the meter outlet to the burner shut-off valve. If any other appliances are to be supplied from the same fuel run, the minimum pipe size is nominal 1-1/2 inches. Black steel pipe is to be used for natural gas.

(o) Interconnection of House-Piping Systems. When two or more gas meters are installed on the same premises but supply separate customers, the house-piping system shall not be interconnected.

(12) Gas Storage Tanks. All outside storage tanks for the storage of liquified petroleum gas that exceed 500 pounds capacity shall be on a solid, noninflammable footing and gravel or stone base area which extends beyond the tank in all directions for a minimum distance of 2 feet. All such storage tanks shall be a minimum distance or 15 feet from any structure.

(13) Authority to Turn on Gas

(a) No person, excepting an authorized agent or employee of a person engaged in the business of furnishing or supplying gas and whose service pipes supply or connect with the particular premises to install, extend, repair, alter or open any portion of the service piping, to remove or install a gas meter, or turn on or reconnect gas service in or on any premises, provided the gas service piping valve contained within the building may be closed for emergency reasons; or may be closed and later reopened for the purpose of altering or repairing any portion of the house-piping system where and when gas service, at the time, is being furnished and provided that the requirements listed in paragraphs (b), (c), and (d) below, be followed at the time the gas service piping valve is closed and reopened.

It shall further be unlawful to turn on or supply gas to house piping at any premises unless at least one gas appliance is connected to the gas-piping system and all outlets are properly and securely connected to gas appliances or capped or plugged with screw joint fittings.

(b) Prior to closing the gas service piping valve, (except in emergency to stop leaking gas), all pilot and burner valves of all gas equipment connected to the house-piping system shall be closed and the gas meter test hand shall be observed for a sufficient length of time to make sure that there is no gas passing through the meter. If the gas meter test hand shows movement, the house-piping system and all gas equipment supplied by the meter shall be inspected and the necessary steps be taken to prevent the passage of gas through the meter before gas service valve is closed.

(c) At the time the gas service piping valve is reopened, the gas meter test hand shall be observed for a sufficient length of time to make sure that no gas is passing through the meter. If the gas meter test hand shows movement, the house-piping system and all gas equipment supplied by the gas meter shall be inspected immediately to located the gas leak. The gas service piping valve shall be closed until necessary repairs have been made, after which the test specified by this paragraph shall be repeated.

(d) If, after observation of sufficient length of time, the gas meter test hand does not show movement, the house-piping system shall be purged of air and all burners of all gas equipment connected to the house-piping system shall be lighted and gas permitted to burn for a sufficient length of time to make sure that the house-piping system and gas equipment have been completely purged. Purging shall be done to the outside wherever possible and shall be done in a safe manner to prevent the accumulation of gas within the dwelling.

(14) Identification of House-Piping Systems. In multiple meter installations and in installations having more than one house-piping system supplied by the same gas meter, each separate house-piping system shall be plainly identified by the installer by attachment of a metal tag indicating the number of house piping systems at the meter location. This should be checked for compliance at the time of the final inspection.

(15) Leak Tests

(a) Leaks in gas piping shall be located by applying soapy water, oil, or some suitable solution to the exterior of the piping.

(b) Fire or acid shall not be used to locate leaks, nor shall water be introduced into the gas piping.

(c) It shall not be permissible to repair defects in gas piping or fittings, but, after having been located, the defective pipe or fittings shall be removed and replaced with sound pipe or fittings.

(d) Test or final piping inspection shall be made after all piping authorized by the permit has been installed and before any fixtures or gas appliances have been attached thereto. This inspection shall include an air pressure test at which time the piping shall stand on air pressure equal to 2 time the anticipated operating pressure but not less than 10 pounds PSI gauge and the piping shall hold this air pressure for a period of at least fifteen (15) minutes without any perceptible drop. a U-Gauge type mercury column or approved type of indicating pressure gauge shall be used for the test.

(16) Gas Meter Locations

(a) A meter location, approved by the gas utility, shall be provided as close as practicable to the point where the gas service piping enters the building.

(b) The location shall be such that the meter, meter connections, gas service piping tee, and gas service piping shut-off valve are exposed and readily accessible for inspection, installation, replacement, removal, locking, unlocking and reading.

(c) Gas meters shall not be placed where the meters would likely be subject to damage, such as in halls, coal bins, public passage ways, over doors, or in locations subject to dripping water or unusual moisture conditions.

14.30 STATE CODE ADOPTED

The State Plumbing Code, Chapters H61, H62, and H63, Wis. Adm. Code, and Chapter 145, Wis. State Stats., are hereby adopted as part of this chapter. The provisions thereof and of this chapter shall govern all plumbing, private sewage disposal, and drainage work and no plumbing, private sewage disposal, and drainage work shall be done except in accordance with said codes and this chapter.

14.31 REPORT OF EXISTING INSANITARY INSTALLATIONS

When directed by the Health Officer or upon written and signed complaint of any person to the Health Officer that work covered by this chapter is contrary to the ordinances of the Town or is a menace to health, the Building Inspector shall investigate the cause for complaint on said premises. He shall report his findings in writing to the Health Officer, suggesting such changes and corrections as are necessary to put the same in proper sanitary condition. The Building Inspector may also make such report at his own discretion or upon written and singed complaint made to him. The Health Officer thereupon shall direct such changes and corrections to be made as he deems necessary, and fix a time for having same done.

14.32 INSPECTION OF VACANT PROPERTIES AND RELOCATED BUILDINGS

(1) All rentable properties upon becoming vacant may be inspected by the Building Inspector and their sanitary condition determined. If the plumbing or any work covered by this Chapter is in an insanitary condition or a menace to health or safety, the Building Inspector shall report to the Health Officer and the premises shall be repaired and put in a sanitary condition before a new occupant takes possession.

(2) The plumbing in buildings moved from one lot or location to another shall be inspected by the Building Inspector and when found necessary tested in a manner satisfactory to said Building Inspector at the expense of the owner. If plumbing is found unsafe or insanitary the same shall be repaired or remodeled and made to reasonably comply with this chapter.

14.33 DISCHARGING OF DRAINS AND SEWERS

(1)No person shall discharge domestic sewage, industrial wastes or septic tank effluent onto the surface of the ground, into any drainage ditch, or into the river or any stream, or into any storm sewer or drain, or permit the same to be so discharged.

(2) Roof-leaders, surface drains, ground water drains, foundation footing drains, and other clear water drains shall be connected wherever possible with a storm sewer, but they shall not be connected to a building sewer which discharges into a sanitary sewer or private sewage treatment plant. Air conditioning and clear water drains not described herein shall also discharge to storm drains or sewers unless special permission is obtained from the Building Inspector, where an unnecessary hardship would result and the spirit of this subsection will be observed. If storm water or clear water is being discharged into a sanitary sewer the Building Inspector shall give the offending person 15 days notice to disconnect. Failure to disconnect after such notice shall authorize the Building Inspector to cause disconnection and assessment of the costs of such disconnection against the property involved. The Building Inspector may, in the alternative, institute action for violation of this subsection.

14.34 PERMITS AND FEES

(1) When Permit is Required

(a) No plumbing shall be done in the town without a permit being first issued therefor by the Building Inspector and the paying of the proper fee of $1.00 plus $0.75 per fixture as hereinafter provided. Such permits may be issued only to persons duly licensed to do plumbing under the laws of Wisconsin, provided, any person actually owning and occupying a single-family residence or constructing a single-family residence for his occupancy, may do plumbing therein without license and bond, although such person shall secure a permit and work shall fully conform with all requirements as to workmanship, design, and materials, and provided further, that any person assisting such owner shall be a licensed master plumber. An owner obtaining a permit for work in a new residence shall not be granted a plumbing permit for work in another residence within a period of 5 years. Any plumbing shall conform to all provisions of the state law and Codes, and ordinances of the Town.

The $0.75 per fixture permit fee shall apply to the following work:

Floor Drains Dishwashers

Water Closets Disposals

Wash Basins Clothes Washers

Bath Tubs Laundry Tubs

Showers Water Heaters

Urinals Water Softeners

Sinks Drink Fountains

Basement Others

(b) Any person desiring to do plumbing shall, before beginning active work, file with the Building Inspector, upon application blanks furnished by the Town, a description of the property and the nature of the work to be done.

(2) Permit Restrictions, Cancellations, and Withholding of Permits

(a) No permit for plumbing in a new or relocated building shall be issued.

(1) Until the Building Inspector is satisfied that all unused sewer and water services to the premises are sealed.

(2) Until a sewer permit and building permit have been issued.

(b) No Plumbing or sewer permit shall be granted to anyone who has failed to comply with this chapter. No permit shall be issued to any person or to any master plumber against whom an order issued by the Building Inspector is pending. No permit shall be issued to any person who has been in the past found violating or has willfully violated this chapter. Bad faith or unreasonable delay in the performance of any work covered by this chapter or failure to respond promptly to official communications shall be deemed sufficient reason for withholding permits, and the master plumber shall be held responsible for the violation of these regulations by himself or any of his employees.

(c) All permits are good for a continuous performance of the work named thereon; permits shall automatically expire when work ceases for a period of 60 days without good and reasonable cause for same; but automatically expire on completion of work for which it was issued.

(d) The Building Inspector may cancel the permit on any job for violation of the license law or codes and ordinances and to stop work in any case where installation is not being made in compliance with this chapter.

(e) The Building Inspector may cancel a permit upon written request of a master plumber or the owner for which work is being done; provided acceptable arrangements shall first be made for reissue of the permit to another master plumber for proper completion of the work, and the original permit shall not be cancelled until a master plumber applies for and is granted a permit to complete the work. The procedure for requested cancellation and reissue of permits shall be as follows:

(1) If the master plumber does not complete the entire installation for which he received a permit, he shall immediately notify the Building Inspector in writing requesting cancellation and detailing the extent of the work he has done.

(2) The person who has hired the master plumber may request cancellation in writing and shall then specify the name of the master plumber he is employing to finish the work.

(3) The work shall be stopped until a permit has been issued for completion.

14.35 NOTICE FOR INSPECTION

The Building Inspector shall be notified for inspection in accordance with requirements of this code and of the State Plumbing Code. Notification shall include the owner's name, correct address of the property, and name of the master plumber. No work shall be enclosed on any floor level before approval of the Building Inspector. Such inspection and approval shall not in any case constitute a guarantee against imperfection by either the municipality or the Building Inspector.

GAS EQUIPMENT CODE

14.36 GENERAL

This code establishes minimum standards and requirements to promote the welfare of the public and to establish minimum standards of construction and performance and safe installation of gas equipment. All gas equipment installed on any premises shall be of substantial and durable construction and shall be designed and installed pursuant to processes and methods reasonably adequate to assure safe and efficient operation. Gas equipment and gas piping which meets the minimum requirements for the safe installation and performance of gas equipment and gas piping by conforming to the current standards of the following nationally recognized authorities herein named, shall be conclusively deemed to meet the minimum requirements of this ordinance, to-wit: American Gas Association, American Standards Association Manual "Installation of Gas Piping and Gas Appliances in Buildings, AS A21, 30-1954" and National Board of Fire Underwriters except as further provided in this ordinance.

14.37 OFFICE OF INSPECTOR

(1) The Building Inspector under the direction of the Town Board shall have control of the inspection of the construction and performance and safe installation of gas equipment in connection with any buildings or grounds as set forth in this ordinance.

(2) The Town Board shall appoint a qualified inspector who shall hold office for an indefinite period, unless sooner removed by the Board for cause and all vacancies in said office shall be filled by appointment by the Town Board.

(3) The Town Chairman together with the approval of the Board may contract the services of the Inspector to or from any municipality of the State at such agreed rate as they deem fit.

(4) The Inspector under the direction of the Town Chairman and the Town Board is hereby authorized and empowered to exercise such supervision over all construction and performance and safe installation of gas equipment as may be necessary adequately to enforce the provisions of this ordinance and the State Laws and Codes. He shall have the right to enter any buildings, have access to any premises during reasonable hours in the discharge of his official duties.

14.38 REQUIREMENTS ABOVE MINIMUM STANDARDS

(1) A boiler or furnace shall be equipped with approved safety devices installed in accordance with manufacturer's instructions and arranged to limit high steam pressures or water temperatures or high air temperatures in warm-air furnaces. Each steam boiler shall be equipped with low water cut-off. The safety devices to be used shall be such as to cut off the gas supply to the burners in case of excessively high air, water or steam temperatures or low water supply.

(2) All chimneys shall be inspected, thoroughly cleaned, and the necessity for a chimney liner determined.

(3) Gas vent connections on all conversion installations, including the draft hood, shall be sized according to dimensions listed in tables as approved by the American Standards Association as shown in manual AS Z21.30 - 1954.

(4) If the firing door of a furnace or boiler is equipped with a positive locking device to keep the door closed, the device shall be removed or altered so that abnormal pressure on the inside of the combustion chamber will cause the door to open; however, this shall be done in such a manner that the door is closed tightly during normal operation of the furnace and burner.

14.39 AUTHORITY TO DISCONNECT

The Building Inspector or the gas utility may disconnect any gas appliances or gas piping which shall be found not to conform to the requirements of the Chapter, or which may be found defective and in such condition as to endanger life and property. Where such disconnection has been made, a notice shall be attached to such appliance or gas piping which shall state that the same has been disconnected, together with reason therefor, and the signature and official capacity of the person making the disconnection, and such notice shall not be removed nor shall the appliance or gas piping be reconnected until authorized by the department having jurisdiction to do so. The owner and/or occupant of the premises shall be immediately notified of the disconnection and the reason therefore.

14.40 ACCESSIBILITY

Gas equipment shall be so constructed and installed in such locations as to be readily accessible for adjustment, cleaning, removal and replacement of parts and for the performance of all maintenance and service work.

14.41 INSPECTIONS

(1) Upon completion of the installation of gas space heating equipment and prior to the use thereof, the Inspector and the gas utility shall be notified that such gas space heating equipment is ready for inspection.

(2) The Inspector shall enforce all of the provisions of this chapter, and the Inspector or his authorized representative, upon presentation of proper credentials, may enter any building or premises for the purpose of making inspection or preventing violations of this chapter.

(3) The Inspector shall issue a Certificate of Approval at the completion of the work for which a specific permit has been issued, it, after inspection it is found that such work complies with the provisions of this chapter and all other requirements of law or ordinances applicable thereto.

14.42 AUTHORITY TO TURN ON GAS

(1) No person, excepting an authorized agent or employee of a person engaged in the business of furnishing or supplying gas and whose service pipes supply or connect with the particular premises shall install, extend, repair, alter or open any portion of the service piping, remove or install a gas meter, or turn on or reconnect gas service in or on any premises, provided, the gas service piping value contained within the building may be closed for emergency reasons, or may be closed and later reopened for the purpose of altering or repairing any portion of the house-piping system where and when gas service, at the time, is being furnished and provided that the requirements listed in subsections (2), (3), and (4) below, be followed at the time the gas service piping valve is closed and reopened. No person shall turn on or supply gas to house piping at any premises unless at least one gas appliance is connected to the gas-piping system and all outlets are properly and securely connected to gas appliances or capped or plugged with screw joint fittings.

(2) Prior to closing the gas service piping valve, (except in emergency to stop leaking gas), all pilot and burner valves of all gas equipment connected to the house-piping system shall be closed and the gas meter test hand shall be observed for a sufficient length of time to make sure that there is no gas passing through the meter. If the gas meter test hand shows movement, the house-piping system and all gas equipment supplied by the meter shall be inspected and the necessary steps be taken to prevent the passage of gas through the meter before the gas service valve is closed.

(3) At the time the gas service piping valve is reopened, the gas meter test hand shall be observed for a sufficient length of time to make sure that no gas is passing through the meter. If the gas meter test hand shows movement, the house-piping system and all gas equipment supplied by the gas meter shall be inspected immediately to locate the gas leak. The gas service piping valve shall be closed until necessary repairs have been made, after which the test specified by this paragraph shall be repeated.

(4) If, after observation of a sufficient length of time, the gas meter test hand does not show movement, the house-piping system shall be purged of air and all burners of all gas equipment connected to the house-piping system shall be lighted and gas permitted to burn for a sufficient length of time to make sure that the house-piping system and gas equipment have been completely purged. Purging shall be done to the outside wherever possible and shall be done in a safe manner to prevent the accumulation of gas within the dwelling.

14.43 CLOSURE OF PIPING OUTLETS

No person shall remove or disconnect any gas equipment without capping or plugging with a screwed joint fitting the outlet from which the gas equipment was removed. All outlets to which gas equipment is not connected shall be left capped or plugged gas tight.

14.44 IDENTIFICATION OF HOUSE-PIPING SYSTEMS

In multiple meter installations and in installations having more than one house-piping system supplied by the same gas meter, each separate house-piping system shall be plainly identified by the installer by attachment of a metal bag indicating the number of house-piping systems at the meter location. This should be checked for compliance at the time of the final inspection.

14.45 INTERCONNECTION OF HOUSE-PIPING SYSTEM

When 2 or more gas meters are installed on the same premises but supply separate customers, the house-piping system shall not be interconnected.

14.46 LEAK TESTS

(1) Leaks in gas piping shall be located by applying soapy water, oil, or some suitable solution to the exterior of the piping.

(2) Fire or acid shall not be used to locate leaks, nor shall water be introduced into the gas piping.

(3) It shall not be permissible to repair defects in gas piping or fittings, but, after having been located, the defective pipe or fittings shall be removed and replaced with sound pipe or fittings.

(4) Test or final piping inspection shall be made after all piping authorized by the permit has been installed and before any fixtures or gas appliances have been attached thereto. This inspection shall include an air pressure test at which time the piping shall stand on air pressure equal to 2 times the anticipated operating pressure but not less than 10 pounds PSI gauge and the piping shall hold this air pressure for a period of at least 15 minutes without any perceptible drop. A U-Gauge type mercury column or approved type of indicating pressure gauge shall be used for the test.

14.47 GAS METER LOCATIONS

(1) A meter location, approved by the gas utility, shall be provided as close as practicable to the point where the gas service piping enters the building.

(2) The location shall be such that the meter, meter connections, gas service piping tee, and gas service piping shut-off valve are exposed and readily accessible for inspection, installation, replacement, removal, locking, unlocking and reading.

(3) Gas meters shall not be placed where the meters would likely be subject to damage, such as in halls, coal bins, public passage ways, over doors, or in locations subject to dripping water or unusual moisture conditions.

14.48 FEES

The fee for a gas permit shall be $1.00 plus 50 cents for each gas appliance. The fee for a heating permit shall be $3.00 per unit for all types.

14.49 NONLIABILITY OF TOWN

This chapter shall not impose upon the Town any liability or responsibility for damages to any person injured by any defect in any gas piping or appliance mentioned herein, or by installation thereof, nor shall the Town or any official or employee thereof be held as assuming any such liability or responsibility by reason of the inspection authorized hereunder or certificate of inspection issued by the Inspector.

14.50 NEW MATERIALS AND METHODS

All new materials, methods of construction, devices and equipment shall be approved by the Building Inspector for use in buildings for the procedure herein provided when they are proved to be the equal of those specifically required by this code; or he may adopt the recommendations and approvals of the Department of Industry, Labor and Human Relations, State of Wisconsin, or such other committee as may be established by this or other local ordinances.

14.51 TESTS

Unless based on accepted engineering design, all new building materials, appliances, equipment, systems or methods of construction not provided for in this code shall be subjected to tests that simulate the actual conditions which occur in normal use. Such tests shall be made at the expense of the applicant at an independent testing laboratory and copies of the test results shall be kept on file in the office of the Building Inspector.

The Building Inspector may accept duly authenticated reports from recognized authoritative sources in respect to the use of any new materials, methods or systems of construction complying with applicable specifications and standards of accepted engineering practices or any such new materials, methods, or systems of construction approved by the Department of Industry, Labor and Human Relation, State of Wisconsin.

14.52 PREFABRICATED DWELLINGS OR ACCESSORY BUILDINGS

Prefabricated assemblies not capable of design by accepted engineering analysis shall be subjected to tests. When prefabricated assemblies are not readily accessible for inspection at the site, the registered engineer or architect or other authorized approved representative of the manufacturer shall furnish a certified report of inspection. All tests and inspection records shall be accessible to the Building Inspector at all times during fabrication and erection of the building or assembly unit or such records as he may designate shall be filed with him.

14.53 IDENTIFICATION OF PRODUCTS

All materials shall be identified by the approval label, the grade mark, the trade mark, or by other approved manufacturer's identification.

14.54 INVALIDITY OF PART

If any section, subsection, paragraph, clause or provision of this code shall be adjudged invalid, such adjudication shall apply only to the provisions so adjudged, and the rest of this code shall remain valid and effective.

14.55 VIOLATIONS

It shall be unlawful for any person to erect, use, occupy, or maintain any building or structure in violation of any provisions of this code, or to cause, permit or suffer any such violations to be committed. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to a forfeiture of not less than one dollar ($1.00) or more than two hundred dollars ($200.00), together with the costs of prosecution and, in default of payment thereof, shall be imprisoned for a period of not less than one (1) day or more than six (6) months or until such forfeiture and costs are paid. It shall be the responsibility of the offender to abate the violation as expeditiously as possible, and each day that such violation is permitted to continue shall constitute a separate offense.

If, in any action, a permit was issued, it shall not constitute a defense, nor shall any error, oversight, or dereliction of duty on the part of the Building Inspector constitute a defense.

14.56 FAILURE TO OBTAIN PERMIT

It shall be unlawful to commence work prior to obtaining a permit therefore. Double fees shall be charged if work is commenced prior to the issuance of a permit to do so.

14.57 STREET AND SIDEWALK OCCUPANCY PROHIBITED

The issuance of a building permit by the Building Inspector does not convey the right to occupy any street, alley, right-of-way, or sidewalk or part thereof either temporarily or permanently, nor does it permit any other encroachments upon public property during the construction permitted by such permit.

14.58 MISCELLANEOUS PERMITS REQUIRED

Permits for the following construction or installations shall be required prior to such construction or installation:

(1) Signs, Canopies, Billboards

It shall be unlawful for any person to erect, alter or relocate within the Town any sign or other advertising structure without first obtaining a permit therefor and paying a permit fee. Fees shall be $3.00 and shall be paid to the Building Inspector. All illuminated signs shall be subject to the provisions of the electrical code and the permits and fees required therein.

(2) Swimming Pools

Permits are hereby required for the installation of any permanent exterior structure designed to contain water for the purpose of bathing or swimming. Permanent exterior structures or pools are defined as being so designed to contain water or its equivalent on a year-round basis or are of such a nature as to not be readily assembled or disassembled. This section does not apply to water reservoirs or tanks which are completely enclosed and are designed only for the purpose of water storage. Permit fees hereunder shall be $10.00 for each installation. Fees shall be paid to the Building Inspector upon issuance of the permit.

14.59 PENALTIES

Any person, firm or corporation that shall violate any of the provisions of this ordinance shall forfeit not less than ten dollars ($10.00) nor more than two hundred and fifty dollars ($250.00) and the costs of prosecution, and in default of payment of the fine and costs of prosecution shall be imprisoned in the County Jail until such fine and costs are paid, but not to exceed sixty (60) days. Each day of violation of a provision of this code shall constitute a separate offense. This section and the penalties herein shall be in addition to penalties and remedies provided for the enforcement of Regulations and Codes established by the Wisconsin Administrative Code and the Wisconsin Statutes in those provisions adopted or applied by this code.

FENCING ORDINANCE

(1) Fence Regulations General

(a) All fences placed on property zoned or used for residential purposes shall comply with the provisions of this section. The regulations contained herein shall be deemed to be in addition to regulations existing under the Winnebago County Code or Ordinances or Zoning Regulations.

(b) Definition. For the purpose of this ordinance a fence is herein defined as an enclosing barrier consisting of vegetation, wood, stone, or metal, intended to prevent straying from within or intrusion or access from without. For the purpose of this ordinance the term fence shall be construed to include plantings such as hedges.

(2) Purpose. Fences are further defined as to their general purpose as follows:

(a) "Boundary Fences." A fence placed on or near the boundary lines common with adjacent properties to indicate the location of such boundaries. No boundary fence or wall shall be erected or planted along residential property lines with any portion closer than 6 inches to the lot line unless adjoining property owners have consented in writing to install a fence or wall on the property line.

(b) "Protective Fences." A fence constructed to enclose a hazard to the public health, safety and welfare.

(c) "Architectural or Aesthetic." A fence constructed to enhance the appearance of the structure or landscape.

(3) Height of Fence [Adopted 07/10/95]

(a) Boundary fences including hedges or row planting in the front yard shall not exceed 4 feet in height. Boundary fences on the side and rear yard shall not exceed 6 feet in height except that hedges may be permitted to grow to a natural height of 10 feet.

(b) Protective fences shall be not more than 6 feet in height.

(c) Architectural or aesthetic fences placed in an area between the building setback line and the abutting street line shall not be constructed to a height of more than 3 feet 6 inches in height. Architectural or aesthetic fences placed in the rear or side of yard shall not be more than 6 feet in height, except where a side yard has an abutting street line, in which the planting or fence shall not exceed 3 1/2 feet in height.

(4) Vision Corners

No owner of any residential property or occupant of any residential property abutting a public street shall permit any trees, shrubs, bushes, weeds, signs, structure, wall or fences on his property to be so placed and maintained as to obstruct the vision of a user of a street at its intersection with another street or public thoroughfare. There shall be a vision corner on all corner lots located in zoning districts that require a minimum 20 feet setback from street property lines. The vision corner is described as a triangular area enclosed by a straight line connecting a point on each street right-of-way which point is 50 feet from required setback. Fences, walls, signs or structures erected or allowed to exist upon said property in such vision corner shall not exceed 3 feet in height. Said fences, walls signs or structures shall be a minimum of two-thirds open to vision equally distributed throughout the fence length and height located within the defined vision corner. Plantings in such vision corner shall be maintained in such a fashion as to provide unobstructed vision from 2 1/2 feet above the centerline elevation of the abutting pavement to 10 feet above the said centerline elevation.

(5) Materials

Barbed wire fences, electrical fences, spike or sharp picket fences, single, double and triple strand fences, or fences constructed of any other material that shall be deemed to create a nuisance or a hazard are hereby prohibited.

EXCEPTIONS

(1) Protective fences and boundary fences on publicly owned lands or semipublic lands such as church, school education institutions, utility substations, etc. are excluded from the provisions of this section, except that where such fences incorporate the use of barbed wire such barbed wire shall not be less than 7 feet above ground level. Arms or extensions which project from the fence must project into the lot proper.

14.61 BUILDING IDENTIFICATION

(1) Building Identification Required. Each residence, place of business including commercial and/or industrial and all other buildings required by the Building Inspector for the health and safety of the residents and property shall display a legible identification number, said numbers being three inches (3") or larger in contrasting colors to the building to which they are attached. The said numbers shall be located in a conspicuous and obvious place facing the street either directly above or within three feet of either direction from the upper half or main entrance to the building. That in the event there are two main entrances or front doors, both doors shall contain within three feet (3') thereof the same numbers.

(2) In addition to the above requirements, where mail delivery is provided in main boxes located at or adjacent to the roadway in front of the building to be identified, the owner shall place the building identification numbers with numerals no smaller than two inches (2") in height on mail boxes which stand adjacent to or on the roadway. It shall be unlawful to cover any of these numbers at any time; and it shall further be required that in the event that the numbers become covered by snow or otherwise, that it shall be the duty of the owner of the premises to uncover said numbers so that they shall remain clearly visible.

(3) Identification Practices Prohibited. It shall be a violation of this ordinance to display numbers attached to the front door or main door or any door of the building, including the garage door. The manuscript or numeral in writing shall not be permitted to satisfy the provisions of this ordinance. The numerals and numbering required under this ordinance shall be of the Arabic type numbering.

(4) Effective Date of Ordinance. All buildings required to be identified as above shall have such identification in place on or before October 31, 1977. In the event of newly constructed buildings, the identification numbers shall be placed no later then occupancy or use. That the identification number for the building shall be designated by the Town of Menasha through the office of the Community Development Director of the Town of Menasha. [Adopted 3/11/85] That no numbers shall be assigned, changed or replaced upon the building without first being approved, by the Community Development Director of the Town of Menasha. [Revision Adopted 5/18/98]

(5) Building Inspector's Approval. The Building Inspector shall have the authority to require that additional building identification be placed either upon the building or at a position between the building and the roadway which will allow for ease of building identification.

(6) Multi-family Dwelling - In addition to the above requirements, multi-family dwellings that have storage rooms, cages or facilities, separate from the resident's dwelling, shall have the same type of numbering (dwelling number or letter) affixed to the front door of the storage area. Multi-family dwellings that have vehicle parking below the dwelling shall have parking stalls affixed with numbers or letters that correspond with the occupants' residence. Detached garages shall likewise be affixed with identification that correspond with the occuptants' residence. Detached garages shall likewise be affixed with identification that corresponds with the occupants' residence. Revisions Adopted 5/18/98]

(7) Penalty Clause. The Building Inspector shall cause the house number to be placed on the building in the event of noncompliance, and the cost of same will be placed on the tax roll and taxed back as a special assessment.

14.62 SWIMMING POOLS [Adopted 07/24/95]

(1) Definition of Swimming Pool

A swimming pool is any structure, basin chamber or tank containing or capable of containing an artificial body of water intended for use by the owner or owners for swimming, diving or recreation bathing having a depth of two (2) feet or more at any point.

(2) Pool Location Requirements

In-ground Private Residential Swimming Pools

(a) The water surface area of any accessory building structure for in-ground swimming pools shall not exceed 10% of the lot area.

(b) The inside edge of the wall of any in-ground private swimming pool shall not be closer than 7 feet to any side lot line or rear lot line. The accessory building structure or pool equipment shall not be closer than 7 feet to any side or rear lot line.

(c) Swimming pools that are filled with water before permanent fence is installed, must be protected by a temporary enclosure. This in no case shall exceed 30 days from the time the pool is filled with water.

(d) Permanent fencing shall be no less than 4 feet nor more than 6 feet high and shall have gates of equal height with latches designed to prevent the entrance of children under the age of 7 years. That the gates shall be kept securely latched at all times whether the pool is or is not in use.

(e) Pools completely enclosed by a structure with secure doors to prevent the entry of children under the age of 7 years shall not be required to meet the fencing requirements established hereunder.

(3) Aboveground Private Residential Swimming Pools

(a) No part of any aboveground private residential swimming pool, including platforms or railings, accessory building or pool equipment shall be closer than 7 feet to a side property line or rear property line.

(b) No part of any aboveground private residential swimming pool, including platforms or railings, accessory building or pool equipment shall be closer than 30 feet to a street property line or closer than the setback line of the main building structure, whichever is greater.

(4) Protective Enclosure of Private Residential Swimming Pools

Subject to the following exceptions all private residential swimming pools, both in-ground and aboveground types, shall be enclosed with an adequate and secure fence at least 4 feet high above adjoining grade to prevent straying into the pool area. Fence requirements as set forth in Section 14.60 of Chapter 14 shall apply.

(a) Above-grade pools with walls that are at least 4 feet high at all points around said pool or that have platforms and railings that are 4 feet or more in height above grade are not required to provide enclosing fence.

(b) Where an aboveground pool is permitted without being enclosed with a 4-foot high fence the ladders and/or stairways serving such pool shall be adequately secured to prevent entry into the pool at all times that the pool is not in use.

(5) Permits Required

(a) A pool permit shall be applied for and obtained prior to the installation or erection of any private residential swimming pool.

(b) The application for permit shall be accompanied by a plot plan drawing of the premises upon which the proposed pool is to be installed. The plot plan shall show the shape and size of the lot, the location and size of all buildings, structures and fences existing or proposed, any other information affecting the premises. The plot plan shall be accurate and dimensioned.

(c) Plumbing installations for the operation of a swimming pool are required to be done in compliance with the Wisconsin State Plumbing Code under a plumbing permit. Issued by the Town of Menasha, Chapter 14.34.

(d) Electrical installations made for the operation of a swimming pool are required to be done in compliance with the National Electrical Code Article 680 under an electrical permit issued by the Town of Menasha, Chapter 14.13.

Existing pools at the time of the effective date of this ordinance shall be allowed a period of six (6) months to comply with the terms and conditions of this ordinance with regard to the installation of fencing or other protective devices enclosing or surrounding the pool. Plumbing and electrical installations made at the time that the pool was constructed are required to continue to be in compliance with Wisconsin State Plumbing Code as adopted by the Town of Menasha and the National Electrical Code, Article 680, as adopted by the Town of Menasha.

(6) Enforcement and Penalty

(a) Any person who shall violate any reason of this section of the code regulating swimming pools shall, upon due conviction thereof, forfeit not less than $25.00 nor more than $200.00 for each such offense together with costs of prosecution and in default of the payment such forfeiture and costs shall be imprisoned in the county jail until said forfeiture and cost of prosecution are paid but not to exceed 30 days.

(b) In addition to the penalty specified above for violation of this ordinance, the Town of Menasha by its Building Inspector, or other designated agent, shall have the following powers to check the health and safety of residents in the event of violations of this ordinance. The Building Inspector, upon notice of a violation of this ordinance shall immediately, in writing, notify the person of such complaint and such violation and in writing direct them to make immediate corrections within fifteen (15) days of the date of his/her directive in writing. That in the event the repairs, changes or corrections cannot be made within fifteen (15) days, the Building Inspector, or other agent, shall have authority to extend the time to protect the health and safety of residents or other persons using the swimming pool. In the event the repairs are not made within the fifteen (15) day period or other extended period, as granted in writing, the Building Inspector or other designated agent shall have the authority to go upon the premises and secure the pool area or take whatever action is necessary, on a temporary basis, to prevent harm, injury or death to residents on the premises or frequenters thereto. That all costs incurred under this section shall be billed to the owner of the said swimming pool where the necessary actions were taken and in the event they are not paid they shall be applied against the real estate as a special tax.

14.63 FIRE SEPARATION - ONE AND TWO FAMILY DWELLINGS

(1) One-family dwelling. In any one family dwelling with an attached garage there shall be a one-hour fire separation installed between the living area of the building and the garage area.


(2)Two-family dwellings. In any two family dwelling each dwelling unit shall be separated by a one-hour fire separation from the other dwelling unit or an attached garage area.

(3) Openings in Fire Separations

(a) Doors. Doors which pass through any fire separation within a one or two-family dwelling shall be of an equal fire rating as the wall separation.

(b) Any utility piping, duct work and electrical conduit installed through a fire separation must have the area or excess opening for the same surrounding the pipe, duct or conduit, closed with a noncombustible material.

Any utility piping, duct work and electrical conduit shall be of a noncombustible material with approved fire dampers installed within any duct work.

14.64 REGULATION OF THE CONSTRUCTION OF ACCESSORY BUILDINGS AND BOAT HOUSES ON SHORE YARD PROPERTY IN THE TOWN OF MENASHA

(1) Any lot or shoreland property located upon and abutting any waterway, lake, stream or river in the Town of Menasha shall be regulated in the construction of accessory buildings and boat houses in the following manner:

(a) No accessory structure shall be permitted upon any lot as specified above unless said accessory structure follows and complies with the specifications of this ordinance.

(b) Accessory structures include structures incidental to boating, including, but not limited to: Boat houses, gardening, servant's quarters, quarters for private swimming pools, private emergency shelters, storage buildings or garage type structures.

(c) Any structure on any shore yard being so constructed shall be no closer than 20 feet to the average high-water elevation of the waterway, lake, stream, pond, wetland or other body of water, and in no case shall any structure be allowed to project beyond the average high-water elevation. Accessory structures shall not exceed one (1) structure for each shoreland lot. The said structures shall not exceed a height of 15 feet above the high-water elevation, and shall not exceed 250 square feet in horizontal area covered, and shall not be closer than 15 feet to any side lot line or any property line of the parcel upon which the said building is being constructed.

(2) Permit Required. No structure as described in this ordinance shall be constructed without first obtaining a permit from the Building Inspector of the Town of Menasha. The said permit shall be at a cost of $2.00 and shall be issued by the Building Inspector for the Town of Menasha.

(3) Any building or structure erected in violation of this ordinance or without permit shall be subject to destruction or removal at the direction of the Town Board and in addition thereto, upon the finding of the Court that any person shall have violated this ordinance, they may be fined not less than $10.00 nor more than $100.00 for said violation. Upon failure to pay the fine and costs incurred in the said violation, they may be incarcerated in the jail for Winnebago County, until such fine and costs are paid, but not to exceed thirty (30) days.

14.65 BILLBOARDS AND SIGNS [Adopted 1/25/93]

(1) Purpose

The purpose of this ordinance is to provide a uniform set of regulations relating to all billboard/off-premises signs in the Town of Menasha.

(2) Intent

It is the intent of this ordinance to promote the public health, safety, welfare and comfort of the general public within the Town of Menasha.

(3) Scope of Regulations

Except as may otherwise be noted herein, the regulations of this ordinance shall govern all billboards/off-premises signs in the Town of Menasha.

(4) Definitions

For purposes of interpreting and enforcing this ordinance, the following definition shall apply:

(a) Billboard. Same as off-premises sign.

(b) Off - premises sign. Signs which advertise or call attention to goods, products, individuals, businesses, and /or services not sold, available or located on the premises or property on which the sign is located. Off-premises signs are typically of two main types:

(1) Poster Panels or Bulletins - normally mounted on a building wall or freestanding structure with the message/display in the form of pasted paper.

(2) Painted Bulletins - where the message/display is painted directly on the background of a wall-mounted or freestanding sign facing.

(5) Enforcement

(a) Any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance may be subject to a forfeiture of not less than $10 nor more than $200 dollars, together with the costs of the action. Each day the violation exists shall constitute a separate violation and be punishable as such.

(b) The Community Development Director or his/her designee shall have the authority, as may be necessary, to enforce and administer this ordinance.

(6) Permit Required

Permits shall not be required for a change of copy on any billboard/off-premises sign, nor for the repainting, cleaning and other normal maintenance or repair of a lawfully existing billboard/off-premises sign or sign structure.

(7) Regulations

(a) It is hereby determined that the number of billboard/off-premises signs existing in the Town of Menasha is excessive and distracting to motorists and pedestrians, creates a traffic hazard, and mars the appearance of the Town.

(b) Billboard/off-premises signs are hereby prohibited with the exception described in (7) (c) and (7) (d) in the Town and no billboard/off-premises sign may be constructed, erected or placed upon any premises, public or private, within the Town on or after January 25, 1993.

(c) Billboard/off-premises signs existing prior to January 25, 1993 may be legal nonconforming signs and may be permitted to be continued and maintained in their current location/condition provided such signs also meet the following requirements:

(d) Certain off premises signs may be allowed if the following conditions are complied with:

    1. The off-premises sign shall be a directional sign identifying locations of businesses or industries that are not easily accessed by major collectors or arterials.
    2. The off-premises sign shall allow for the identification of multiple businesses or industries.
    3. The off-premises sign shall be limited to one sign per business or industrial area. These areas shall be determined by the Town Board as necessary.
    4. All off-premises signs shall be reviewed by the Town Planning Commission and a recommendation of approval or denial shall be made to the Town Board based on the above criteria and other information provided by the applicant, staff, and others at a regular Town Planning Commission Meeting.
    5. The Town Board shall approve or deny the recommendation of the Town Planning Commission based on compliance with the above criteria, any other information deemed appropriate to the off-premises sign, and further more, reserves the right to approve or deny the request for an off-premises sign on case-by-case basis.

(e) A billboard/off-premises sign which has been designated as legal nonconforming may retain such designation so long as the following conditions are complied with:

    1. No structural modification of a legal nonconforming sign is permitted. Structural modification shall not include changing of the sign copy or normal maintenance such as cleaning, painting, or scraping of the sign or sign structure.
    2. The sign shall not be relocated
    3. The sign shall not be replaced.

(f)A legal nonconforming billboard/off-premises sign or sign structure which, by any means, is destroyed or damaged may be restored only after the owner has shown that the damage to such sign did not exceed fifty (50) percent of the assessed value of such sign existing at the time it became legal nonconforming. If such sign or sign structure is destroyed or damaged to an extent exceeding (50) percent of the aforesaid value, it shall be removed within sixty (60) days of the date damage occurred and shall not be reconstructed or replaced in the Town of Menasha. If restoration or replaced in the Town of Menasha. If restoration of a sign damaged to less than fifty (50) percent of the aforesaid value is not completed within six (6) months of the date damage occurred, such sign shall be removed and shall not be reconstructed or replaced in the Town of Menasha. "Removal" as referred to in this ordinance shall include both the sign and sign structure regardless of which incurred the damage. Restoration of a damaged sign shall first require issuance of a sign permit.

(g) At such time as the owner of any building or lot, on which a legal nonconforming billboard/off-premises sign is located, requests Planning Commission/Town Board approval for any change to the use, zoning, building or lot upon which premises said sign is located, the Planning Commission/Town Board may require that such legal nonconforming sign be removed as a condition of approval.

(h) Any sign which does not wholly comply with the provisions of this ordinance and which is not classified as legal nonconforming, shall be ordered removed. If the sign owner, lessee or owner of the premises on which such sign is located fails to remove such sign, the Community Development Director may contact for removal of such sign(s) and assess all cost associated with such removal as special tax against the property on which the sign(s) was (were) located, such tax to be collected in the same manner as property taxes are collected in the Town of Menasha.

(8) Appeals

The Town of Menasha Board of Supervisors may waive or modify the provisions of this ordinance where, in its judgment, such waiver modification would further the public interest and uphold the purpose and intent of this ordinance as set forth in Sections 14.65(1) and 14.65(2) above respectively. Any request for an appeal to this ordinance shall first be presented to the Planning Commission for review and recommendation to the Town Board of Supervisors.

(9) Severability

If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. If an application of this ordinance to a particular sign or sign structure is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other sign or structure not specifically included in said judgment.

14.66 CONSTRUCTION SITE EROSION CONTROL [Adopted 4/28/ 97]

(1) This ordinance applies to land disturbing and land developing activities on land within the boundaries and jurisdiction of the Town of Menasha, and all state funded or conducted construction is exempt from this ordinance, and will be defined as follows:

(2) Definitions

(a) "Agricultural land use" means use of land for planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock.

(b) "Commercial land use" means use of land for the retail or wholesale sale of goods or services.

(c) "Construction site control measure" means a control measure used to meet the requirements of 14.66 (5)(b).

(d) "Control measure" means a practice or combination of practices to control erosion and attendant pollution.

(e) "Control plan" means a written description of the number, locations, sizes, and other pertinent information of control measures designed to meet the requirement of this ordinance submitted by the applicant for review and approval by the Community Development Department.

(f) "Erosion" means the detachment and movement of soil, sediment or rock fragments by water, wind, ice, or gravity.

(g) "Land developing activity" means the construction of buildings, roads, parking lots, paved storage areas and similar facilities.

(h) "Land disturbing construction activity" means any man-made change of the land surface including removing vegetative cover, excavating, filling and grading but not including agricultural land uses such as planting, growing, cultivating and harvesting of crops; growing and tending of gardens' harvesting of trees; and landscaping modifications.

(i) "Landowner" means any person holding title to or having an interest in land.

(j) "Land user" means any person operating, leasing, renting, or having made other arrangements with the landowner by which the landowner authorizes use of his or her land.

(k) "Runoff" means the rainfall, snowmelt, or irrigation water flowing over the ground surface.

(l) "Set of 1 year design storm" means the following rain intensities and rain volumes or corresponding values specific to the community for the storm duration=s of 0.5, 1, 2, 3, 6, 12 and 24 hours that occur approximately once per year. (Note: the following are typical characteristics of these one year storms for most of Wisconsin:

storm average total

duration rain intensityrain

(hours) (inches/hour)(inches)

0.5 1.8 0.9

1 1.1 1.1

2 0.7 1.3

3 0.5 1.5

6 0.3 1.7

12 0.2 2.0

24 0.1 2.3

(m) "Site" means the entire area included in the legal description of the land on which the land disturbing or land development activity is proposed in the permit application.

(3) Design Criteria, Standards and Specifications for Control Measures

All control measures required to comply with this ordinance shall meet the design criteria, standards and specifications for the control measures based on accepted design criteria, standards and specifications identified by the Building Inspector.

(4) Maintenance of Control Measures

All sedimentation basins and other control measures necessary to meet the requirements of this ordinance shall be maintained by the applicant or subsequent land owner during the period of land disturbance and land development of the site in a satisfactory manner to ensure adequate performance and to prevent nuisance conditions.

(5) Control of Erosion and Pollutants During Land Disturbance and Development

(a) Applicability. This section applies to the following sites of land development or land disturbing activities:

(1) Those requiring a subdivision plat approval or the construction of houses or commercial, industrial or institutional building on lots of approved subdivision plats.

(2) Those requiring a certified survey approval or the construction of houses or commercial, industrial or institutional buildings on lots of approved certified surveys.

(3) Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4000 square feet or more;

(4) Those involving excavation or filling or a combination of excavation and filling affecting 400 cubic yards or more of dirt, sand or other excavation or fill material;

(5) Those involving street, highway, road, or bridge construction, enlargement, relocation or reconstruction;

(6) Those involving the laying, repairing, replacing or enlarging of an underground pipe or facility for a distance of 300 feet or more.

(b) Erosion and Other Pollutant Control Requirements. The following requirements shall be met on all sites described in sub. (1).

(1) Site dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl concentrators, or other appropriate controls designed and used to remove particles of 100 microns or greater for the highest dewatering pumping rate. If the water is demonstrated to have no particles greater than 100 microns during dewatering operations, then no control is needed before discharge, except as determined by the Building Inspector. Water may no be discharged in a manner that causes erosion of the site or receiving channels.

The performance standard of 100 micron maximum particles in the dewatering water at the maximum pumping rate significantly reduces the liability of the contractor when compared to a standard of "no visible particulate matter". If a properly sized device is correctly used, based on the 100 micron particle size performance standard, then discharges of visible particulate matter would not constitute a violation. It is not possible to design a control device that would insure "no visible particulate matter" discharges. This 100 micron standard is intended to significantly reduce sedimentation problems in downstream drainage systems in the receiving waters that are caused by large particles. "Visible particulate matter" will probably still occur in water meeting this standard, as most turbidity effects are caused by very small particles that usually do not cause as severe of a sedimentation problem as larger particles. This 100 micron particle size performance standard was therefore selected to be easily met and enforced, and to reduce sedimentation problems. A "no visible particulate matter" standard in contrast could not me met easily or cheaply, violations would frequently occur, and inspectors would have to make frequent visits and require frequent control device changes. In addition, particle size measurements would not be required to proved compliance with the 100 micron performance standard. Only the property use of a device designed to meet this particle size criteria is needed. However, if a contractor or site engineer feels that the dewatering water does not contain any particles larger than 100 microns, no control device would be needed if optional frequent particle size analyses confirm that fact. In most cases, the use of the simple control devices described previously would be less expensive and less bothersome than performing frequent particle size analyses.)

(2) Waste and material disposal. All waste an unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials) shall be properly disposed and not allowed to be carried by runoff into a receiving channel or storm sewer system.

(3) Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday.

  1. Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric, or equivalent barrier meeting accepted design criteria, standards and specifications.

(5)Site erosion control. The following criteria (a. through d.) apply only to land development or land disturbing activities that result in runoff leaving the site.

(a) Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below in S. 07 (2)(e)3.c Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff velocities of less than 0.5 ft/sec across the disturbed area for the set of one year design storms. Diverted conveyance and receiving channels.

(b) All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time.

(c) Runoff from the entire disturbed area on the site shall be controlled by meeting either subpar. 1 and 2. or 1. and 3.

(1) All disturbed ground left inactive for 7 or more days shall be stabilized by seeding or sodding (only available prior to September 15th) or by mulching or covering, or other equivalent control measure.

(2) For sites with more than 10 acres disturbed at one time, or if channel originates in the disturbed area, one or more sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least 1% of the areas draining to the basin and at least 3 feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of 3 feet. The basin shall be designed to trap sediment greater than 15 microns in size, based on the set of 1-year design storms having durations from 0.5 to 24 hours. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water.

(3) For sites with less than 10 acres disturbed at one time, filter fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through he site, filter fences shall be place along the channel edges to reduce sediment reaching the channel.

(d) Any soil or dirt storage piles containing more than ten cubic years of material should not be located with a downslope drainage length of less than 25 feet to a roadway or drainage channel. If remaining for more than 7 days, they shall be stabilized by mulching, vegetative cover, tamps or other means. Erosion from piles which will be in existence for less than 7 days shall be controlled by placing straw bales or filter fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway or drainage channel must be covered with tamps or suitable alternative control, if exposed for more than 7 days, and the stormdrain inlets must be protected with straw bale or other appropriate filtering barriers.

(6) Permit Application, Control Plan, and Permit Issuance

No landowner or land user may commence a land disturbance or land development activity subject to this ordinance without receiving prior approval of a control plan for the site and an permit from the Building Inspector. At least one landowner or land user controlling or using the site and desiring to undertake a land disturbing or land developing activity subject to this ordinance shall submit application for a permit and a control plan and pay an application fee to the Building Inspector. By submitting an application, the applicant is authorizing the Building Inspector to enter the site to obtain information required for the review of the control plan.

(a) Content of the Control Plan for Land Disturbing Activities Covering More Than One Acre

(1) Existing site map. A map of existing site conditions on a scale of at least 1 inch equals 100 feet showing the site and immediately adjacent areas:

(a) Site boundaries and adjacent land which accurately identify site location;

(b) Lakes, streams, wetlands, channels, ditches and other water courses on and immediately adjacent to the site;

(c) 100 year floodplains, flood fringes and floodways;

(d) Location of the predominant soil types;

(e) Vegetative cover;

(f) Location and dimensions of stormwater drainage systems and natural drainage patterns on and immediately adjacent to the site;

(g) Locations and dimensions of utilities, structures, roads, highways, and paving; and

(h) Site topography at a contour interval not to exceed five feet.

(2) Plan of final site conditions. A plan of final site conditions on the same scale as the exiting site map showing the site changes.

(3) Site construction plan. A site construction plan including:

(a) Locations and dimensions of all proposed land disturbing activities;

(b) Locations and dimensions of all temporary soil or dirt stockpiles;

(c) Locations and dimensions of all construction site management control measures necessary to meet the requirements of this ordinance;

(d) Schedule of anticipated starting and completion date of each land disturbing or land developing activity including the installation of construction site control measures needed to meet the requirements of this ordinance; and

(e) Provisions for maintenance of the construction site control measures during construction.

(b) Content of Control Plan Statement for Land Disturbing Activities Covering Less Than One Acre, But Meeting The Applicability Requirements Stated In S.07(1)

An erosion control plan statement (with simple map) shall be submitted to briefly describe the site and erosion controls (including the site development schedule) that will be used to meet the requirements of the ordinance.

(c) Review of Control Plan. Within 45 days of receipt of the application, control plan, (or control plan statement) and fee, the Building Inspector shall review the application and control plan to determine if the requirements of this ordinance are met. The Building Inspector may request comments from other departments or agencies. If the requirements of this ordinance are met, the Building Inspector shall approve the plan, inform the applicant and issue a permit. If the conditions are not met, the Building Inspector shall inform the applicant in writing and may either require needed information or disapprove the plan. Within 30 days of receipt of needed information, the Building Inspector shall again determine if the plan meets the requirements of this ordinance. If the plan is disapproved, the Building Inspector shall inform the applicant in writing of the reasons for the disapproval.

(d) Permits

(1) Duration. Permits shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, which is longer, from the date of issuance. The Building Inspector may extend the period one or more times for up to an additional 180 days. The Building Inspector may require additional control measures as a condition of the extension if they are necessary to meet the requirements of this ordinance.

(2) Surety Bond. As a condition of approval and issuance of the permit, the Building Inspector may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved control plan and any permit conditions.

(3) Permit conditions. All permits shall require the permittee to:

(a) Notify the Building Inspector within 48 hours of commencing and land disturbing activity.

(b) Notify the Building Inspector of completion of any control measures within 14 days after their installation.

(c) Obtain permission in writing from the Building Inspector prior to modifying the control plan.

(d) Install all control measures as identified in the approved control plan.

(e) Maintain all road drainage systems, stormwater drainage systems, control measures and other facilities identified in the control plan.

(f) Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land developing or disturbing activities.

(g) Inspect the construction control measures after each rain of 0.5 inches or more and at least once each week and make needed repairs.

(h) Allow the Building Inspector to enter the site for the purpose of inspecting compliance with the control plan or for performing any work necessary to bring the site into compliance with the control plan.

(i) Keep a copy of the control plan on the site.

(7) Inspections

The Building Inspector shall inspect construction sites at least once a month during the period starting March 1 and ending October 31 and at least 2 times during the period starting November 1 and ending February 28 to ensure compliance with the control plan.

If land disturbing or land development activities are being carried out without a permit, the Building Inspector shall enter the land pursuant to the provisions of s. 66.122 and 66.123, Wis. State Stats.

(8) Enforcement

(a) The Building Inspector may post a stop-work order if:

(1) Any land disturbing or land developing activity regulated under this ordinance is being undertaken without a permit;

(2) The control plan is not being implemented in a good faith manner;

(3) The conditions of the permit are not being met.

(b) If the permittee does not cease the activity or comply with the control plan or permit conditions within 10 days the Building Inspector may revoke the permit.

(c) If the landowner or land user where no permit has been issued does not cease the activity within 10 days, the Building Inspector may request the Town Attorney to obtain a cease and desist order.

(d) The Building Inspector or the board of appeals may retract the stop-work order or the revocation.

(e) 10 days after posting a stop-work order, the Building Inspector may issue a notice of intent to the permittee or landowner or land user of the Building Inspector=s intent to perform work necessary to comply with this ordinance. The Community Development Director may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the Community Development Director, plus interest at the rate authorized by the Director of Community Development shall be billed to the permittee or the landowner. In the event a permittee or landowner fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to section 66.60(16), Wis. State Stats.

(f) Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of not less than $50.00 nor more than $250.00 and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

(g) Compliance with the provisions of this ordinance may also be enforced by injunction.

(9) Appeals

(a) Appeals. The Town Board shall serve as the appeals board.

(1) Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the Community Development Director in administering this ordinance;

(2) Upon appeal, may authorize variances from the provisions o this ordinance which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship; and

(3) Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.

(4)Who May Appeal. Any applicant, permittee, landowner, or land user may appeal any order, decision or determination made by the Community Development Director in administering this ordinance.