Building Maintenance 275--(Table) CHAPTER 275 BUILDING ... · 275-1 Building Maintenance 5/20/2008...

Building Maintenance 275--(Table)

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CHAPTER 275BUILDING MAINTENANCE

TABLE

SUBCHAPTER 1ADMINISTRATION

275-1 Title and Purpose275-2 Delegation of Authority; Lead

Abatement

SUBCHAPTER 2LICENSING

275-20 Licensing of Licensed Dwelling Facilities

275-21 Maintenance of Hotels And Motels

275-22 Maintenance of 2nd Class Dwellings

275-23 Maintenance of Rooming Houses275-24 Maintenance of Residential Living

Facilities

SUBCHAPTER 3MAINTENANCE

275-31 Scope275-32 Exterior Structure275-33 Interior Structure275-34 Supplied and Furnished Equipment275-35 Graffiti Abatement275-36 Below-Grade Structures

SUBCHAPTER 4LIGHT, VENTILATION, SPACE

275-40 Scope; Responsibility275-41 Light275-42 Ventilation275-43 Dwelling Unit Limitations275-44 Space Requirements

SUBCHAPTER 5PLUMBING

275-50 Scope and Responsibility275-51 Required Facilities275-52 Toilet Rooms275-53 Plumbing Fixtures275-54 Water System275-55 Sewage System

SUBCHAPTER 6MECHANICAL HEATING AND

ELECTRICAL REQUIREMENTS

275-60 Scope; Responsibility275-61 Heating Facilities275-62 Electrical Facilities

SUBCHAPTER 7SANITATION AND PEST CONTROL

275-80 Scope275-81 Sanitary Conditions275-82 Extermination

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275-1. Title and Purpose. 1. TITLE. Thischapter shall be known as the buildingmaintenance code of the city of Milwaukee,hereinafter referred to as the propertymaintenance code or as this code.

2. BOCA PROPERTY MAINTENANCECODE. There are paragraphs in this code that areextracted from the BOCA Basic PropertyMaintenance Code/1978, copyright 1978, BuildingOfficials and Code Administrators International,Inc., all rights reserved, and are used withpermission.

3. PURPOSE. The purpose of thiscode is to protect the public health, safety andwelfare in all existing premises by:

a. Establishing minimum maintenancestandards for basic equipment and facilities for:light, ventilation, space heating and sanitation; forspace, use and location; and for safe and sanitarymaintenance.

b. Fixing the responsibilities of owners,operators and occupants of all structures.

c. Authorizing the vacation orcondemnation of dwelling structures or otherbuildings unsafe or unfit for human habitation.

d. Requiring inspection and licensingfor rooming houses, hotels, residential livingfacilities and 2nd class dwellings.

e. Providing for administration,enforcement and penalties.

4. RELATIONSHIP TO OTHERREGULATIONS. a. This code shall not beconstrued to prevent the enforcement of otherordinances or regulations which prescribestandards other than are provided in this code.

b. Any repairs or alterations to astructure or a change of use in a structure whichmay be caused directly or indirectly by theenforcement of this code shall be done inaccordance with the procedures and provisions ofthe building code.

c. This code shall not be deemed toabolish or impair existing remedies of the city or itsofficers or agencies relating to the removal ordemolition of any buildings which are deemed tobe dangerous, unsafe or unsanitary.

5. NUISANCE ABATEMENT. Thischapter shall not be construed or interpreted toimpair or limit in any way the authority of the city todefine and declare nuisances or of thecommissioner of health or the commissioner'sauthorized representative to cause the removal orabatement of nuisances by summary proceedingsor other appropriate proceedings.

6. EXISTING STRUCTURES. Thiscode establishes minimum requirements for theinitial and continued occupancy and use of allstructures and premises and does not replace ormodify requirements otherwise established byordinances which may be additional or morestringent for the construction, repair, alteration oruse of structures, equipment or facilities.

275-2. Delegation of Authority; LeadAbatement. The department of neighborhoodservices may delegate limited authority to thehealth department to enforce provisions in thischapter directly related to lead abatement. Thehealth department may issue orders to correctviolations pursuant to procedures in ch. 200.

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SUBCHAPTER 2LICENSING

275-20. Licensing Of Licensed DwellingFacilities. 1. DEFINITION. In this section, “offer”means to communicate a willingness, desire orintent.

1.1 COMPLIANCE. No person mayoperate or let to another for occupancy anylicensed dwelling facility, except in compliance withthe requirements of this section.

1.2 POLICY. The common councildeclares its purposes in adopting these provisionsare to:

a. Protect the public health, safety andwelfare of the people of the city.

b. Protect the character and stability ofresidential areas.

c. Correct and prevent housingconditions that adversely affect or are likely toadversely affect the life, safety, general welfareand health of persons occupying licensed dwellingfacilities.

1.5. ADOPTION OF STATE CODE. Except as otherwise provided in this subchapter,the city of Milwaukee adopts ch. HFS 195, Wis.Adm. Code, as amended, as part of this code.

2. LICENSE REQUIRED. No person,firm or corporation, either as owner, operator,lessee, manager, officer or agent, may keep,maintain, conduct or operate for gain or profit, ormay offer to keep, maintain, conduct or operate forgain or profit, any licensed dwelling facility in thecity without first obtaining a license therefor in themanner hereinafter provided.

3. APPLICATION. Application for alicense shall be made to the commissioner ofneighborhood services upon forms furnished bythe commissioner of neighborhood services. Thebuilding owner or operator shall file with thelicense application an approved occupancy permitissued by the commissioner of city developmentfor the operation of the licensed dwelling facility.The forms shall contain the following information:

a. The name and street address of theapplicant; if a partnership or limited partnership, itshall state the names and street addresses of allpartners or limited partners; if a corporation, it shallstate the names and street addresses of allofficers and directors; if a club, association or otherorganization, it shall state the names and streetaddresses of all officers. A post office box numbershall not be

acceptable as an address. However, a preferredmailing address such as a post office box numbermay be furnished to the commissioner in additionto the street addresses required in this subsection.

b. If the applicant is a nonresident ofMilwaukee county, the name and street address ofa local representative inside the Milwaukee countylimits who shall be a natural person upon whomservice can be made under this chapter of asummons or other processes issued by any court.For the purpose of renewal, nonrenewal orrevocation of a license, notices shall be sent to thenominated and appointed representative of acorporation. A post office number shall not beacceptable as an address. However, a preferredmailing address such as a post office number maybe furnished to the commissioner in addition to thestreet addresses required in this subsection. Suchlocal representative shall be authorized by theowner or owners of the licensed premises toexercise all management and control of thepremises, including the power to evict residents ortenants.

c. The location and description of thespecific dwelling facility to be licensed.

d. Previous adjudications of guilt ofany violation of any federal or state law, ormunicipal ordinance committed by the applicant,operator, the local representative of the applicant,corporate agent of a corporate applicant, and ofthe officers and directors of a corporate applicant.

e. Such other information as thecommon council, the licensing committee orcommissioner may from time to time require.

f. The application shall be verifiedunder oath by the applicant or the applicant's dulyauthorized agent.

4. INVESTIGATIONS TO BE MADE.License applications shall be referred by thecommissioner to the chief of police, the concernedcommon council member and the commissioner ofhealth. The commissioner of neighborhoodservices shall investigate the dwelling facility to belicensed, and the commissioner of health shallinspect departmental records to determine if thereare any outstanding health violations at thedwelling facility to be licensed. The chief of policeshall investigate the applicant, operator, the localrepresentative of the applicant, all partners orlimited partners of a partnership or

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limited partnership and all of the officers anddirectors of a corporation. The commissioner ofhealth and chief of police shall report their findingsto the commissioner of neighborhood services.However, if as a result of such investigation, thecommissioner of neighborhood services,commissioner of health or chief of police objects toissuance of a license, the report shall also besubmitted to the licensing committee.

5. OBJECTION; COMMITTEEACTION. a. Notice. a-1. A sworn written objectionto issuance of a license may be filed with the cityclerk by any interested party provided that suchobjection is filed no later than 14 calendar daysfollowing application with the commissioner. Thecity clerk shall notify the commissioner of suchobjection. The licensing committee shall hold ahearing on whether or not to issue each newlicense. No hearing shall be heard unless the cityclerk's office has provided written notice to theapplicant of the hearing and the basis of anyobjection. The notice shall be served upon theapplicant by United States first class prepaid mailat least 5 business days prior to the date set forthe hearing.

a-2. The notice shall contain:a-2-a. The date, time and place of the

hearing.a-2-b. A statement to the effect that the

possibility of denial of the license application existsand the reasons for possible denial. To the extentthe city clerk has a written objection, it will beserved with the notice.

a-2-c. A statement that an opportunity shallbe given to the applicant to respond to andchallenge any reason for denial and to presentwitnesses under oath, and confront and cross-examine opposing witnesses under oath.

a-2-d. A statement that the applicant may berepresented by an attorney of the applicant'schoice at the applicant's expense, if the applicantso wishes.

a-3. If it appears for the first time at thehearing that there will be objections, the mattershall be laid over until the next meeting, prior towhich proper notice will be given.

b. Hearing. b-1. At the hearing thecommittee chair shall open the meeting by statingthat a notice was sent and read the notice into therecord unless the applicant admits notice. Thechair shall advise the applicant that the applicanthas an option to

proceed with a due process hearing, representedby counsel, with all testimony both direct andcross-examination under oath, or that the applicantmay simply make a statement to the committee.

b-2. A due process hearing shall beconducted in the fol lowing manner:

b-2-a. All witnesses shall be sworn in.b-2-b. The chair shall ask those opposed

to the granting of the license to proceed first.b-2-c. The applicant shall be permitted an

opportunity to cross-examine.b-2-d. After the conclusion of the

opponent's testimony, the applicant shall bepermitted to present the applicant's own witnesses,subject to cross-examination.

b-2-e. Committee members and staff mayask questions of witnesses or the licensee.

b-2-f. Both proponents and opponentsshall be permitted a brief summary statement.

b-2-g. The committee shall not be boundby common law or statutory rules of evidence.

c. Recommendations. c-1. Therecommendations of the committee regarding theapplicant shall be based on evidence presented atthe hearing. Probative evidence concerningwhether or not the license should be granted maybe presented on the following subjects:

c-1-a. Whether or not the applicant or anyemploye, agent, officer or director of the applicantmeets the statutory and municipal requirements forlicensure.

c-1-b. The appropriateness of the locationand premises to be licensed.

c-1-c. Whether such location will createundesirable neighborhood problems.

c-1-d. Whether there is an over-concentration of similarly licensed dwellings in theneighborhood.

c-1-e. Whether or not the applicant, localrepresentative, or any officer or director of acorporation has been charged with or convicted ofany felony, misdemeanor, municipal offense orother offense, the circumstances of whichsubstantially relate to the licensed activity.

c-1-f. Any other factors which reasonablyrelate to the public health, safety or welfare.

c-2. The committee may make arecommendation immediately following the hearingor at a later date. Written notice of the committee'sdecision shall be provided if the decision is madeat a later date or if the

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applicant was not present or represented. Thecommittee shall forward its recommendation inwriting to the common council for vote at the nextmeeting at which such matter will be considered.Upon conclusion of final common council action,the applicant shall be notified in writing of thedecision of the common council.

6. NEW LICENSES. a. Issuance ofLicenses. Whenever there is no objection toissuance of a license by any party, thecommissioner shall issue a license to the person,firm or corporation applying therefor.

b. Granting by Council. Whenever thecommon council grants any license following ahearing by the licensing committee, thecommissioner shall issue a license to the person,firm or corporation applying therefor.

c. License Requirements. In addition topayment of the license fee specified in s. 200-33,the license shall be issued when the building,structure or premises for which the license issought shall conform in all respects to theprovisions of this section and to the laws of thisstate and the ordinances of the city applying tosuch building, structures or premises.

d. Occupancy. Each license shall list themaximum number of persons that may reside inthe total building or portion thereof for which thelicense is issued.

e. Expiration. A license shall expire onthe date specified, unless sooner suspended orrevoked as provided in this section.

f. License Fee. See s. 200-33 for therequired license fee.

7. REGULATIONS. a. Posting ofLicense. Every license issued under this sectionshall be posted in a conspicuous place at or nearthe principal entrance to the dwelling facility forwhich it is issued.

b. Operator or Building Owner to ControlOccupancy. No operator or building owner may atany time allow a larger number of persons tooccupy any sleeping rooms and sleepingdormitories located within a licensed dwellingfacility than the maximum number of personsallowed by this code. No operator or buildingowner may at any time permit any person tooccupy any sleeping room or sleeping dormitorywhich is not licensed.

c. Nontransferability of License. Nolicense for a licensed dwelling facility may betransferred.

d. Relationship of License to BuildingCodes. The issuance of a license for a

licensed dwelling facility shall not in any wayinsure that the licensed dwelling facility conformswith this code or the Wisconsin AdministrativeCode. The issuance of a license for a licenseddwelling facility shall not relieve the owner oroperator of the responsibility for compliance withthe applicable provisions of this code.

e. Bedding and Towels. Wheresheets, pillow cases or towels are supplied to theoccupants, they shall be changed whenever a newoccupant is admitted. All supplied bedding andtowels shall be maintained in a clean, sanitary andwell-mended condition.

f. Mattresses. Where mattresses arefurnished to the occupants, they shall bemaintained in a clean, sanitary and well-mendedcondition. Mattresses shall be fire resistant orcovered by a fire resistant cover that meets one ofthe following fire tests:

f-1. National Bureau of Standards NBSIR 77-1290 (1986).

f-2. United States Department ofCommerce FF 4-72 (1986).

f-3. American Society for Testing andMaterials ASTM D-568 or D-1692 or E-162 (1986).

f-4. California Standard Bulletin 117 or121 (1986).

f-5. Any other national standardapproved by the commissioner.

g. Shades, Drapes, Etc. Everywindow of every sleeping room and sleepingdormitory shall be supplied with shades, drapes,obscure glass or other devices which will affordprivacy to the occupants.

h. Sanitary Maintenance. Theoperator and building owner of every licenseddwelling facility shall be responsible for thesanitary maintenance of all walls, floors andceilings and for the maintenance of a sanitarycondition in every other part of the licenseddwelling facility; and they shall be furtherresponsible for the sanitary maintenance of theentire premises where the entire structure orbuilding within which the licensed dwelling facilityis contained is leased or occupied by the operatorand the building owner. The occupant of everysleeping room or sleeping dormitory shall keep hisor her personal belongings contained so as tofacilitate the ability of the operator and buildingowner to discharge their responsibilities forsanitary maintenance with every sleeping roomand sleeping dormitory as set forth in thissubsection.

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i. Garbage Disposal or Storage.Adequate garbage and rubbish disposal facilitiesor garbage and rubbish storage containers whosetype and location are approved shall be suppliedby the licensed dwelling facility operator andbuilding owner. The operator and building ownershall be responsible for the disposal of all garbageand rubbish in a clean and sanitary mannerthrough the use of approved mechanicalequipment or by placing it in the requiredcontainers.

j. Hanging Screens, Storm Doors andStorm Windows. The operator and building ownerof a licensed dwelling facility shall be responsiblefor hanging all screens and double or storm doorsand windows whenever they are required underthis chapter or any rule or regulation adoptedunder this chapter. Screens shall be hung notlater than June 1 of each year.

k. Extermination Of Pests. The operatorand building owner of a licensed dwelling facilityshall be responsible for the extermination of anyinsects, rodents or other pests therein; and theyshall be further responsible for such exterminationon the entire premises where the entire structureor building within which the licensed dwellingfacility is contained is leased or occupied by theoperator and building owner. Notwithstandingprovisions of this subsection, whenever infestationof a licensed dwelling facility is caused by thefailure of the owner to maintain the dwelling withinwhich the licensed dwelling facility is contained ina rat-proof or reasonably insect-proof condition,extermination shall be the responsibility of theowner.

L. Exits. Every licensed dwelling facilityfor 9 or more occupants shall have a minimum of2 exits from each floor which shall be incompliance with this subsection. Every exit shallcomply with the following:

L-1. It shall be easily accessible from everysleeping room and sleeping dormitory by passagethrough public passageways and without passingthrough any part of any other sleeping room orsleeping dormitory.

L-2. It shall be kept in such state of repairas to be usable in the event of an emergency.

L-3. It shall be unobstructed at all times.L-4. All exit stairways of 4 or more risers

shall have at least one handrail, and all stairwayswhich are 5 feet or more in width or

which are open on all sides shall have a handrailon each side.

L-5. All handrails shall be not less than30 inches vertically above the nose of the stairtreads and not less than 42 inches above stairwayplatforms.

m. Stairway Exit Enclosures. Allrooming houses, residential living facilities andhotels which contain 9 or more occupants and all2nd class dwellings that contain 5 or more 2ndclass dwelling units shall have exit stairwayenclosures which comply with par. n, except thosewith exterior stairways or fire escapes.

n. Room Separation. All existinglicensed dwelling facilities shall have eachsleeping room and sleeping dormitory separatedfrom the hall, corridor and exitway by an enclosurewhich complies with the following minimumrequirements:

n-1. The walls and the ceiling shall becovered with at least one layer of 1/2 inch drywall,plaster or equivalent.

n-2. Doors, panels and transoms shallbe of 1.5 inch solid wood, or the door, panel andtransom shall be covered with 16 gauge sheetmetal screwed or otherwise securely fastened tothe door, panel or transom or the equivalent of 1/2inch of plywood or hardboard secured to theexisting door, panel or transom or a labeled 20minute door, panel or a transom and door framewith a minimum rating of 20 minutes. All doorspanels and transoms shall be tightly fitted to theframes and the frames shall be maintained in astructurally sound condition. All such transomsshall be fixed in a closed position.

n-3. No cracks, holes, grills, windows orother openings shall be permitted betweensleeping rooms or sleeping dormitories and thehall, corridor and exitway.

o. Negligence By Smokers. In eachsleeping room of all hotels, rooming houses, andother places of public abode, a plainly printednotice shall be posted in a conspicuous placeadvising residents and guests of the followingregulations: Any person who, by smoking, orattempting to light or to smoke cigarettes, cigars,pipes or tobacco, in any manner in which lightersor matches are employed, shall, in a careless,reckless or negligent manner, set fire to anybedding, furniture, curtains, drapes, house or anyhousehold fittings, or any part of any building

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so as to endanger life or property in any way or toany extent, shall be guilty of violating this sectionand shall upon conviction be subject to penaltiesprovided in s. 200-19.

p. Renewal Of Licenses.p-1. Application for the renewal of a license

issued under this section shall be made to thecommissioner upon forms provided by thecommissioner. The commissioner shall refer theapplication to the chief of police, commissioner ofhealth and concerned common council member.After report from the chief of police and thecommissioner of health that the applicant stillmeets all licensing qualifications, thecommissioner shall issue a license.

p-2. Application for renewal shall be madeno later than 90 days prior to the expiration of alicense. An applicant shall be notified on therenewal form that a license may lapse ifapplication for renewal is not made at least 90days prior to expiration of the license. In the eventany license lapses, no activities for which a licenseis required shall be conducted at the dwellingfacility until the common council grants and thecommissioner issues another license for thelicensed dwelling facility.

p-3. If the chief of police, commissioner ofhealth or commissioner of neighborhood serviceshas any objection to renewal of the license, he orshe shall notify the licensing committee at least 60days prior to the expiration of the license. Thecommittee shall hold a hearing concerning theobjection prior to recommending any action to thecommon council such that common council actioncan be completed before the expiration of thecurrent license of the licensee. This provision isinapplicable if the application for renewal is lateunder the terms of subd. 2.

p-4. Any objection to renewal of a licenseissued under this section shall be based onreasons specified in par. q.

q. Causes for Revocation, Suspensionand Nonrenewal of Licenses. A license issuedunder this section may be revoked, suspended ordenied renewal for cause by the common councilfor any of the following reasons:

q-1. A conviction of the licensee, thelicensee’s agent, manager, operator or any otheremploye for keeping a gambling house or house ofprostitution or for any violation of law, thecircumstances of which are substantially related tothe circumstances of the operation of the licenseddwelling facility.

q-2. The licensed dwelling facility isoperated in such a manner that it generatescomplaints from neighbors or residents relating to,but not limited to, loud and raucous noise,undesirable activities of residents or guests ofresidents, and has a substantial adverse effectupon the health, safety, convenience or propertyinterest(s) of the surrounding neighborhood.

q-3. The conviction of the licensee, localrepresentative of the licensee or the officers ordirectors of a corporation, or any employe for anyfelony, misdemeanor or civil forfeiture thecircumstances of which substantially relate to theoperation of the licensed dwelling facility.

q-4. The police department receivescalls for service at the licensed dwelling facility forsuch reasons and in such numbers as to indicatethe dwelling facility constitutes a threat to thehealth, safety, convenience or property interest(s)of the surrounding neighborhood.

q-5. The licensed dwelling facility is inviolation of this code or has had separate orders tocorrect violations issued on substantially the samecode violations within an 18-month period.

q-6. The licensed dwelling facility isoperated in such a manner that it constitutes apublic or private nuisance or that conduct on or bythe residents and guests of the licensed premiseshas had a substantial adverse effect upon thehealth, safety, convenience or property interest(s)of the immediate neighborhood.

q-7. The licensed building, structure orlicensed dwelling facility does not conform or hasnot conformed in all respects to the building andzoning code, the Wisconsin Administrative Code,and all other ordinances, laws and lawful ordersrelating to the construction, maintenance, use oroccupancy of such building, structure or premises.

q-8. The licensee, any employe, residentor guest of a resident of the licensee has hadpersons who, while going to, remaining at, orleaving that premises, violates any laws of theUnited States, state of Wisconsin or ordinances ofthe city.

q-9. The licensee, any employe, residentor guest of a resident of the licensed dwellingfacility has had persons who have generatednuisances or engaged in disorderly conduct ordisturbance of the peace while


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going to, remaining at or leaving the licenseddwelling facility.

q-10. The license was procured byfraudulent conduct or false statement of a materialfact.

q-11. The licensed dwelling facility isincapable of housing more residents than can beconveniently and appropriately housed and has anadverse effect on the public health safety, welfareor property interest(s) of the adjoining propertyowners.

9. PROCEDURE FOR NON-RENEWAL,REVOCATION, SUSPENSION OF LICENSES.

a. Proceedings. Denial of renewal,suspension or revocation proceedings may beinstituted by the commissioner of health, thecommissioner of neighborhood services, the chiefof police, any resident or neighbor of the licenseddwelling facility, any city resident, any buildingowner affected by the activity of the licenseddwelling facility, or by the licensing committee or acommon council member. Written charges shallbe verified and filed with the city clerk by theperson bringing the complaint. Written chargesrelating to renewal of a license shall be verifiedand filed no later than 60 days prior to theexpiration of the license.

b. Revocation or Suspension. Anylicense issued under this section may be revokedor suspended for cause by the common council.Suspension or revocation proceedings may beinstituted by the licensing committee upon its ownmotion, or upon sworn written charges made andfiled with the city clerk by the chief of police, orupon a sworn written complaint filed with the cityclerk by any interested party.

c. Due Process and Common CouncilReview. If there is a possibility that thelicensing committee will not recommendrenewal of the license, or if revocation orsuspension proceedings are initiated, theprocedures for notice and committee hearingand for the committee report, recommendationsand common council consideration provided inss. 85-3 to 85-5 shall apply.

d. Ev idence and C ommi t teeRecommendation. Nothwithstanding theprovisions of s. 85-4-4, the recommendation of thecommittee may also be based upon evidenceincluding the following:

d-1. A conviction of the licensee, thelicensee’s agent, manager, operator or any otheremploye for keeping a gambling house or house ofprostitution or for any violation of law, thecircumstances of which are substantially related tothe circumstances of the operation of the licenseddwelling facility.

d-2. The licensed dwelling facility isoperated in such a manner that it generatescomplaints from neighbors or residents relating to,but not limited to, loud and raucous noise,undesirable activities of residents or guests ofresidents, and has a substantial adverse effectupon the health, safety, convenience or propertyinterests of the surrounding neighborhood.

d-3. The conviction of the licensee,agent of the licensee or the officers or directors ofa corporation, or any employe, for any felony,misdemeanor or civil forfeiture the circumstancesof which substantially relate to the operation of thelicensed dwelling facility.

d-4. The police department receivescalls for service at the licensed dwelling facility forsuch reasons and in such numbers as to indicatethe dwelling facility constitutes a threat to thehealth, safety, convenience or property interests ofthe surrounding neighborhood.

d-5. The licensed dwelling facility is inviolation of this code or has had separate orders tocorrect violations issued on substantially the samecode violations within an 18-month period.

d-6. The licensed dwelling facility isoperated in such a manner that it constitutes apublic or private nuisance or that conduct on or bythe residents and guests of the licensed premiseshas had a substantial adverse effect upon thehealth, safety, convenience or property interests ofthe immediate neighborhood.

d-7. The licensed building, structure orlicensed dwelling facility does not conform or hasnot conformed in all respects to the building andzoning code, the Wisconsin Administrative Code,and all other ordinances, laws and lawful ordersrelating to the construction, maintenance, use oroccupancy of such buildings, structure orpremises.


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d-8. The licensee, any employe, residentor guest of a resident of the licensee has hadpersons who, while going to, remaining at, orleaving that premises, violate any laws of theUnited States, state of Wisconsin or ordinances ofthe city.

d-9. The licensee, any employe, residentor guest of a resident of the licensed dwellingfacility has had persons who have generatednuisances or engaged in disorderly conduct ordisturbance of the peace while going to, remainingat or leaving the licensed dwelling facility.

d-10. The license was procured byfraudulent conduct or false statement of a materialfact.

d-11. The licensed dwelling facility isincapable of housing more residents than can beconveniently and appropriately housed and has anadverse effect on the public health, safety, welfareor property interests of the adjoining propertyowners.

e. Suspension Period. Licenses shall besuspended for not less than 5 calendar days normore than 120 calendar days and shall take effect60 days following the final action of the commoncouncil.

f. Effective Date of Revocation.Revocation of a license shall take effect 60 daysfollowing the final action of the common council.

10. REQUEST TO SURRENDER ALICENSE. In the event that a licensee wishes tosurrender his or her license after receiving a noticefor a hearing on revocation or suspension, thelicensee shall request, in writing, permission fromthe licensing committee to do so prior to thecommencement of the hearing. The committeemay approve the request, or deny the request andproceed with the suspension, revocation ornonrenewal hearing.

11. DISQUALIFICATION FOR LICENSE.a. Whenever a license is revoked or

denied it shall be so entered of record by the cityclerk and the department and no other licenseshall be granted to such person within 12 monthsof the date of its revocation or denial, nor shall anypart of the money paid for any license so revokedbe refunded.

b. If the license was revoked for areason relating to the fitness of the location, noother license for a licensed dwelling facility at thatlocation shall be granted within 12 months from thedate of the revocation of the license.

12. PENALTIES. a. Any person whoviolates sub. 2 shall, upon conviction, besubjectto a forfeiture of $2,500 to $5,000, together withthe costs of prosecution, and in default ofpayment thereof to imprisonment in the houseof correction or county jail of Milwaukee Countyfor a period of not less than 45 days nor morethan 90 days.

b. Any person who violates anyprovision of this section other than sub. 2 shall,upon conviction, be subject to the penaltiesprovided in s. 200-19.

275-21. Maintenance Of Hotels And Motels.1. APPLICABILITY. No person may

operate a hotel or motel unless all of therequirements of this section and all generalrequirements of this chapter are complied with.For the purpose of interpreting therequirements of the designated sectionsapplicable in the enforcement of this section,"multiple dwelling" or "dwelling" shall beinterpreted to mean "hotel" or "motel", and"dwelling unit" or "dwelling units" shall beinterpreted to mean "hotel unit", "hotel units","motel unit", or "motel units". Every dwellingunit located within a hotel or motel shall complywith all of the requirements for dwelling units asestablished in accordance with this chapter.

2. BED LINENS AND TOWELS TOBE SUPPLIED. The operator of every hotel ormotel shall supply clean bed linens and towelsto every hotel or motel unit within such hotel ormotel prior to letting of any room to anyoccupant.

4. PREPARATION OF MEALS INHOTEL OR MOTEL UNITS PROHIBITED. Nooccupant of a hotel or motel may prepare mealsin a hotel or motel unless such meals areprepared in a dwelling unit contained therein,except that occupants of a hotel or motel whoare employed in a public restaurant locatedwithin that hotel or motel may live and sleep inrooms located within the hotel or motel. Mealsprepared in a public restaurant may be servedto and eaten by the occupants of a hotel ormotel unit, provided the dishes and tableware


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are returned to the restaurant kitchen forwashing and the garbage is disposed of in anapproved manner.

5. C O M M U N A L K I T C H E N SPROHIBITED. No communal kitchen shall becontained in any hotel or motel.

6. EVACUATION PLAN. The operatorof a hotel or motel shall, prior to the letting ofany hotel or motel unit, post a fire evacuationplan approved by the fire department on theinterior of every unit entry door.

275-22. Maintenance of 2nd Class Dwellings.1. APPLICABILITY. No person may

operate a 2nd class dwelling and no personshall occupy any 2nd class dwelling unit in a2nd class dwelling unless all of therequirements of this section and all generalrequirements of this chapter are complied with.

2. NUMBERING OF UNITS. Every2nd class dwelling unit and every other dwellingunit in every 2nd class dwelling shall benumbered in a plain and conspicuous manner,the number to be placed on the outside of thedoor to the unit. No 2 doors shall bear thesame number. No number on any door of anyunit shall be changed to any other numberwithout notif ication or letter to thecommissioner.

275-23. Maintenance Of Rooming Houses.1. APPLICABILITY. No person may

operate a rooming house unless all of therequirements of this section and all generalrequirements of this chapter are complied with.For the purpose of interpreting therequirements of the designated sectionsapplicable in the enforcement of this section,"multiple dwelling" or "dwelling" shall beinterpreted to mean"rooming house", and"dwelling units" shall be interpreted to mean"sleeping rooms", "sleeping dormitory" or"rooming units". Every dwelling unit locatedwithin a rooming house shall comply with all ofthe requirements for dwelling units asestablished in accordance with this chapter.

2. TOILETS. At least one toiletproperly connected to an approved water andsewer system and in good working conditionshall be supplied for each 8 persons or fractionthereof residing in a rooming house, includingmembers of the operator's family, wheneverthey share the facilities. In a rooming housewhere rooms are let only to males or whereseparate toilet rooms are furnished for each

sex, flush urinals may be substituted for notmore than 1/2 of the required number of toiletsfor males.

3. LAVATORY BASINS, BATHS ORSHOWERS. At least one lavatory basin, onebath or one shower, properly connected to anapproved water and sewer system, suppliedwith hot water, and in good working condition,shall be supplied for each 8 persons or fractionthereof residing within a rooming house,including members of the operator's family,whenever they share the use of the facilities.

4. LOCATION OF SANITARYFACILITIES. All facilities required in subs. 2and 3 shall be so located within the roominghouse as to be accessible to the occupants ofeach sleeping room or sleeping dormitorysharing such facilities without going outside ofthe building and without going through asleeping area or through a dwelling unit ofanother occupant.

5. MINIMUM FLOOR AREA FORSLEEPING PURPOSES. Every room occupiedfor sleeping purposes by one person shallcontain at least 70 square feet of floor space,and every room occupied for sleeping purposesfor more than one, but not more than 4persons, shall contain at least 50 square feet offloor space for each occupancy. Every roomoccupied for sleeping purposes by more than 4persons shall be defined as a sleepingdormitory and shall contain at least 200 squarefeet plus 50 square feet for each occupant over4 occupants.

7. MEALS IN A SLEEPING AREAPROHIBITED. No occupant of a rooming unitshall prepare or eat meals or store unwashedcooking utensils or open food or food packagesin a sleeping dormitory or sleeping area.

8. MEALS IN ROOMING HOUSE.Preparation or eating of food in a roominghouse shall be restricted to a kitchen orcommunal dining room specifically designatedand limited to that purpose. Kitchens for 20occupants or less or which serve 20 occupantsor less per meal shall comply with sub. 9.Rooming houses having kitchens for over 20occupants or which serve over 20 persons permeal or for any meal per day shall comply withthe requirements for restaurants in ch. 68,except for the public toilet rooms.


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9. COMMUNAL KITCHENS. Acommunal kitchen shall comply with thefollowing:

a. The kitchen shall be accessible tothe occupants sharing the use of the kitchenwithout going outside of the building or througha sleeping room.

b. The kitchen may not be a part of asleeping room or sleeping dormitory.

c. The kitchen shall contain a kitchensink for manual dishwashing.

d. All equipment, utensils andfurnishings shall be maintained in a sanitarycondition and in good repair.

e. All garbage and refuse shall be keptin watertight, covered containers. The garbageand refuse area shall be kept in a clean andsanitary condition.

f. All food shall be stored so as to beprotected from flies, insects, rodents, dust andmoisture.

g. A refrigerator shall be provided andmaintained in an operational, clean andsanitary condition.

h. A cooking stove fueled by gas orelectricity shall be provided. Hot plates areprohibited.

i. Birds, cats, dogs or other animalsare not permitted in rooms or areas in whichfood is prepared, stored or served or whereutensils are washed or stored.

j. A food preparation area shall beprovided having a total surface area of not lessthan 6 square feet. The surface of the areashall be smooth, free of cracks and easilycleanable. The food preparation surface shallnot be used for eating meals.

k. A kitchen in which occupants areallowed to eat shall be supplied with one chairand 2 linear feet of dining table space for eachoccupant of a rooming house who is permittedto eat in the kitchen at any particular time. Thesurface of each dining table shall be smooth,free of cracks and easily cleanable.

L. The kitchen shall contain at leastone cabinet of adequate size for and suitablefor storage of food and eating and cookingutensils to prevent dust and greaseaccumulation. Cabinets shall be kept in a cleanand sanitary condition.

m. Every kitchen shall contain aminimum floor space of 60 square feet andeach kitchen used for dining purposes shall

contain at least 100 square feet or a communaldining area shall be provided in accordancewith sub. 10.

10. COMMUNAL DINING AREA.Every rooming house within which theoccupants are served meals or allowed toprepare meals or cook within a kitchen whichcontains less than 100 square feet shall containa communal dining room which complies withthe following:

a. Every communal dining roomshall be located on the same floor of therooming house as the communal kitchen andshall be as nearly adjacent to the communalkitchen as practicable.

b. Every communal dining roomshall be accessible to the occupant of eachsleeping room sharing the dining room, withoutgoing outside of the rooming house and withoutgoing through a sleeping room or sleepingdormitory of another occupant.

c. Every communal dining roomshall contain not less than 70 square feet offloor area.

d. Every communal dining roomshall be supplied with one dining chair and 2linear feet of dining table space for eachoccupant of a rooming house who is permittedto occupy the dining room at any time. Thesurface of each dining table shall be smooth,free of cracks and easily cleanable.

11. NUMBERING OF UNITS. Everyrooming unit, every 2nd class dwelling unit, andevery other dwelling unit in every roominghouse shall be numbered in a plain andconspicuous manner, the number to be placedon the outside of the door to the unit. No 2doors shall bear the same number. No numberon any door of any unit shall be changed to anyother number without notification or letter to thecommissioner.

275-24. Maintenance of Residential LivingFacilities. 1. APPLICABILITY. No person mayoperate a residential living facility unless all ofthe requirements of this section as well as allgeneral requirements of this chapter arecomplied with. For the purpose of interpretingthe requirements of the designated sectionsapplicable in the enforcement of this section,"multiple dwelling" or "dwelling" shall beinterpreted to mean "residential living facility",


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and "dwelling units" shall be interpreted tomean "sleeping rooms" or "sleeping dormitory".Every dwelling unit located within a residentialliving facility shall comply with all of therequirements for dwelling units as establishedin accordance with this chapter.

2. TOILETS. At least one toiletproperly connected to an approved water andsewer system and in good working conditionshall be supplied for each 8 persons or fractionthereof residing in a residential living facility,including members of the operator's family,whenever they share the use of the facility.

3. LAVATORY BASINS, BATHS ORSHOWERS. At least one lavatory basin, onebath or one shower, properly connected to anapproved water and sewer system, suppliedwith hot water, and in good working condition,shall be supplied for each 8 persons or fractionthereof residing within a residential livingfacility, including members of the operator'sfamily, whenever they share the use of thefacilities

4. LOCATION OF SANITARYFACILITIES. All facilities required in subs. 2and 3 shall be so located within the residentialliving facility as to be accessible to theoccupants of each sleeping room or sleepingdormitory sharing the facilities without goingoutside of the building and without goingthrough a sleeping area or through a dwellingunit of another occupant.

5. MINIMUM FLOOR AREA FORSLEEPING PURPOSES. Every room occupiedfor sleeping purposes by one person shallcontain at least 70 square feet of floor space,and every room occupied for sleeping purposesfor more than one, but not more than 4persons, shall contain at least 50 square feet offloor space for each occupant. Every roomoccupied for sleeping purposes by more than 4persons shall be defined as a sleepingdormitory and shall contain at least 200 squarefeet plus 50 square feet for each occupant over4 occupants.

6. CHILDREN RESTRICTED. Noperson under 16 years of age may sleep in asleeping dormitory or sleeping area withoccupants over 16 years of age or of a differentsex unless all occupants of the sleepingdormitory or sleeping area are members of thesame family.

7. MEALS IN A SLEEPING AREAPROHIBITED. No occupant of a residentialliving facility may prepare or eat meals or storeunwashed cooking utensils or open food orfood packages in a sleeping dormitory orsleeping area.

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SUBCHAPTER 3MAINTENANCE

275-31. Scope. This subchapter deals with themaintenance of structures and equipment.

275-32. Exterior Structure. 1. RESPON-SIBILITY. The general welfare of the residentsof the city requires that the exterior ofstructures, whether vacant or occupied, shall bekept in a good state of repair and maintained bythe owner or operator in such a way as toprotect the safety, health and welfare of theoccupants and public and to prevent theblighting of city neighborhoods.

2. STRUCTURAL MEMBERS. All sup-porting structural members of all structuresshall be kept structurally sound, free ofdeterioration and maintained capable of safelybearing the dead and live loads imposed uponthem.

3. EXTERIOR SURFACES. Everyfoundation, exterior wall and roof shall bereasonably weatherproof, watertight, rodent-proof, insect-proof and shall be kept in areasonably good state of maintenance andrepair.

a. Wood. All exterior wood surfacesshall be reasonably protected from theelements and against decay, by paint or otherapproved protective coating applied in aworkmanlike manner.

b. Ferrous Metal. All ferrous metalsurfaces shall be properly surface-coated whenrequired to prevent deterioration.

c. Previously Painted Surfaces. Thefollowing types of surfaces must be maintainedto prevent blighting effect on the surroundingneighborhood:

c-1. Painted masonry surfaces must bemaintained painted or have the paint removedfrom the surfaces.

c-2. Other painted surfaces must bemaintained painted.

d. Decorative Features. All cornices,entablatures, belt courses, corbels, terracottatrim, wall facings and similar decorativefeatures shall be maintained in good repair withproper anchorage and in a safe condition.

e. Signs, Marquees and Awnings. Allcanopies, marquees, signs, metal awnings,stairways, fire escapes, standpipes, exhaustducts and similar overhang extensions shall be

maintained in good repair and be properlyanchored so as to be kept in a safe and soundcondition. They shall be protected from theelements and against decay and rust by theperiodic application of a weather-coatingmaterial such as paint or other protectivetreatment.

f. Chimneys and Supplied SmokePipes. Every chimney and every suppliedsmoke pipe shall be adequately supported,reasonably clean and maintained in areasonably good state of repair.

g. Stairways and Porches. Everyinside and outside stairway, porch andappurtenance thereto shall be constructed as tobe reasonably safe to use and capable ofsupporting the load that normal use may causeto be placed thereon and shall be kept in soundcondition and in a reasonably good state ofmaintenance and repair.

h. Stairways, Exits and ServiceWalk Stairways. Stairways, exits and allservice walk stairways shall be kept in areasonable good state of repair and beunobstructed at all times.

h-1. Required. h-1-a. Every stairwayand service walk stairway of more than 3 risersshall have at least one handrail mounted on theleft, as one mounts the stairs.

h-1-b. Stairways of more than 3 risersshall have a handrail on each open side.

h-2. Height. Handrails shall not beless than 30 inches nor more than 34 inchesvertically above the nose of the stair tread.

h-3. Opening Below Top Rail. h-3-a. When handrails protecting the

open sides of a stairway are replaced, theyshall have an intermediate rail or rails, or anornamental pattern designed to prevent thepassage of an object with a diameter largerthan 4 inches.

h-3-b. H a n d r a i l s i n i n d u s t r i a loccupancies shall provide an intermediate railat midheight.

h-3-c. Subdivision 3 does not apply toservice walk handrails.

i. Guardrails. i-1. Opening BelowTop Rail.

i-1-a. When guardrails are replacedthey shall have an intermediate rail or rails, oran ornamental pattern designed to prevent thepassage of an object with a diameter largerthan 4 inches.


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i-1-b. Industrial occupancies shall providean intermediate rail at midheight.

i-2. Height. All replacement guardrailsshall comply with the following:

i-2-a. Guardrails in one and 2-familydwellings shall be not less than 36 inches inheight.

i-2-b. Guardrails in occupancies otherthan one and 2-family dwellings shall be notless than 42 inches in height.

4. WINDOWS, DOORS ANDBASEMENT HATCHWAYS. a. Condition.Every window, exterior door and basementhatchway shall be reasonably weathertight androdent-proof, and shall be kept in a reasonablygood working condition and a reasonably goodstate of maintenance and repair.

b. Openable Windows. Every window,other than a fixed window, shall be capable ofbeing easily opened and shall be held inposition by window hardware.

c. Door Hardware. Every exteriordoor, door hinge and door latch shall bemaintained in good condition. Door locks indwelling units shall be in good repair andcapable of tightly securing the door.

5. ROOF DRAINAGE. All water shallbe conveyed and drained from every roof so asnot to cause dampness or damage to theexterior or interior of the structure. Water shallbe drained and directed in a manner which willin no way damage the adjoining premises.

6. R O O F G U T T E R S A N DCONDUCTORS. Except for private detachedaccessory buildings not more than 1,000square feet in area, all roofs of all buildings andstructures shall be provided with approved-typegutters and conductors. Gutters andconductors shall be properly installed andmaintained in good repair at all times.

7. V A C A N T S T R U C T U R E S ;BOARDING. a. Owners shall have theresponsibility for maintaining all vacant dwellingunits, dwellings, structures, principal buildingsand accessory buildings in a locked or closedcondition so that they cannot be enteredwithout an unlawful break-in. The commissionermay, to assure compliance with this subsection,order an owner to board a structure.

a-1. Owners prior to boarding of astructure under order of the commissioner shallapply for a permit and pay the fee requiredunder s. 200-33.

a-2. Boarding of a structure shall berequired for all doors and windows on groundlevel and those doors and windows accessibleto grade by stairs or permanently fixed laddersor within 10 feet of grade.

a-3. Boards shall be cut to fit door andwindow openings, and screws at least 1-1/2inches in length shall be used to fasten boardsto a structure.

a-4. At least one door boarded at thegrade level shall be maintained with locks orhinges to permit entry for inspection purposesunder subd. 7.

a-5. Boards shall be painted to matchthe trim or siding color of the structure, or bepainted forest green.

a-6. Screening or alternate methodsof boarding may be permitted when approvedby the commissioner.

a-7. The owner of a structure boardedunder subd. 1 shall be required, uponnotification, to provide entry to the structure tothe commissioner at least once every 12months, for inspection purposes, or at anytimewhen the structure has been unlawfullyentered.

a-8. The owner of a board structureshall notify the commissioner in writing nolater than 10 days after sale of the structure orthe unboarding of the property.

b. If, after a reasonable notice, theowner fails to board the structure, thecommissioner may request the department ofpublic works either by city personnel or bycontract to correct the situation and charge thecost thereof upon the tax rolls of the property.

7.5. V A C A N T S T R U C T U R E S ;ALTERNATIVES TO BOARDING.

a. Whenever a residential building,structure or premises has been found to bevacant and boarded for at least 6 months, thecommissioner may order the owner to elect andundertake within 30 days of the date the orderis served upon the owner one or more of thecourses of action under par b. A residentialbuilding, structure or premises is boarded underthis paragraph if any door or window opening isin any part covered with any solid material otherthan a product designed for the originalconstruction.

b. An owner issued an orderpursuant to this subsection shall elect andundertake within 30 days of the date the orderis served upon the owner one or more of thefollowing courses of action:

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b-1. Unboard and otherwise maintain thebuilding, structure or premises in a locked orclosed condition using alternative methodsapproved by the commissioner.

b-2. File pursuant to s. 200-26 acompleted application and any required plansfor a permit for repair, rehabilitation ordemolition and a schedule indicating acompletion date for such work or its variousphases. All work performed pursuant to thissubdivision shall be completed within 180 daysof the date an order issued pursuant to thissubsection is served upon the owner.

b-3. Demonstrate that the building,structure or premises is being actively marketedfor sale by providing evidence of all of thefollowing:

b-3-a. The building, structure or premisesis listed for sale on the multiple listing service.

b-3-b. The building, structure or premisesis available to prospective buyers for viewing.

b-3-c. A reasonable asking price had beendisclosed. The commissioner may use theassessed market value of the property as lastdetermined by the tax assessor to determine ifthe asking price disclosed by the owner isreasonable.

b-4. File pursuant to s. 308-81-12-a acompleted application for a mothballingcertificate for designated historic structures.

c. The commissioner may periodicallyreinspect the vacant residential building,structure or premise to ensure that the owner isproceeding diligently in good faith pursuant topar. b to complete the sale, repair, rehabilitationor demolition of the building, structure orpremise. Any reinspection conducted pursuantto this paragraph shall be subject to thereinspection fees prescribed in s.200-33-48.

d. If the owner fails to comply with thecommissioner’s order to elect and undertakewithin the time specified one or more of thecourses of action under par. b, or if thecommissioner finds upon reinspection pursuantto par. c that the owner has not completed therepair, rehabilitation or demolition of thebuilding within the time specified or is notproceeding diligently in good faith to completethe sale of the building, the commissioner maydeclare the residential building, structure orpremises a nuisance per se and the owner may

be subject to the imposition of forfeitures,injunctive actions and other remedies availableat law pursuant to s. 200-19. In addition toother applicable enforcement procedures, thecity attorney is authorized to provide notice tothe property owner that the city anticipates thefiling of an action to appoint a receiver to abatethe nuisance at the premises pursuant to s.823.23, Wis. Stats., or to take any other actionto abate the nuisance.

e. C o m p l i a n c e w i t h t h ecommissioner’s order issued pursuant to thissubsection does not preclude other actions thecity may take to provide for the enforcement ofproperty maintenance and condemnation codesagainst vacant residential buildings, structuresor premises.

f. Appeal of the action of thecommissioner pursuant to this subsection shallbe submitted to the standards and appealscommission as provided in s. 200-17.

8. FENCES. Every fence shall bekept in a reasonably good state of maintenanceand repair or shall be removed.

9. GARAGE DOORS. Garages andaccessory buildings designed or utilized for thestorage of motor vehicles shall be equippedwith operative doors at all entranceways.

10. P U B L I C A R E A S . A l lservicewalks, steps, driveways, parking spacesand similar paved areas for public use shall bekept in a proper state of repair.

11. ADDRESS NUMBERS. Alldwellings and principal nonresidential buildingsshall be provided with address numbers so thatnumbers placed on houses and buildings shallnot be less than 3 inches, includingbackground, in height, and shall be distinctlylegible and shall be posted in a conspicuousplace on the front of each house or building,and at the rear or side of properties that abut orare adjacent to alleys so as to be easily seenand read from such public ways. When abackground is used, the number proper shallnot be less than 2 inches in height.

12. ROOFING MATERIAL. Rolledroofing material shall not be installed over anyexisting roofing material except existing rolledroofing.


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13. FACADE CRITICAL EXAMINATIONa. Purpose. In order to maintain a

building’s facade in a safe condition, thefollowing requirements shall apply to allbuildings which are 15 years old or greater andwhich have 5 or more stories.

b. Exemptions. This subsection shallnot apply to:

b-1. Walls above the 5th story that areset back more than 25 feet from the wall below,provided the setback has an access door forbuilding maintenance and service only, from theoccupied space.

b-2. Exterior walls that are 12 inches orless from the exterior wall of an adjacentbuilding.

c. Definitions. In this subsection:c-1. “Category I building” means a

building constructed with exterior walls andparts thereof that are primarily reinforced withor are in direct contact with non-corrodeablemetal.

c-2. “Category II building” means abuilding constructed with exterior walls andparts thereof that are primarily reinforced withor are in direct contact with corrosion-resistantmetal.

c-3. “Category III building” means abuilding constructed with exterior walls andparts thereof that are primarily reinforced withor are in direct contact with corrodeable metal.

c-4. “Category IV building” means abuilding constructed with exterior walls andparts thereof that are primarily secured to thesubstrate by adhesive bond or with masonryheaders.

c-5. “Close-up visual examination”means that the professional or the architect-in-training, engineer-in-training, technician,contractor or skilled trades person, under theprofessional’s direct supervision, must actuallytouch the façade by hand or tool, unless othermethods are approved prior to the inspection bythe commissioner.

c-6. “Corrodeable metal” meansunprotected carbon steel, shop-primed steel,uncoated reinforcing bars and other metals thatcan corrode.

c-7. “Corrosion-resistant metal” meanscorrodeable metal that is galvanized, epoxy-coated or painted specifically to resist corrosionwith that finish intact.

c-8. “Critical examination” means aclose-up visual examination of the condition ofone scaffold drop per elevation of façade, orparts thereof, performed by or under the directsupervision of a professional employed by theowner or agent for the purpose of determiningif remedial work is required. The façade areawhich cannot be examined through a close-upvisual examination shall be subject to a remoteexamination.

c-9. “Façade” means all areas on theexterior of the building, except for horizontalroof areas. The façade includes all walls,windows, balconies, cornices, parapets andappurtenances. The façade also includes wallssupported on roofs, such as penthouse walls,chimneys, etc.

c-10. “Non-corrodeable metal” meansstainless steel, aluminum or other metal thatdoes not corrode under atmospheric conditions.

c-11. “Professional” means a registeredarchitect or registered structural engineer in thestate of Wisconsin. The professionalresponsible for the critical examination shall bequalified by education and experience indesign, inspection or repair design of the typeof exterior wall system(s) on the building beingexamined and shall perform services only in theareas of his or her competence as requiredunder ch. A-E 8, Professional Conduct, Wis.Adm. Code.

c-12. “Remote examination” means anexamination performed by a professional andinvolving the use of binoculars, photographicmagnification techniques, remote observationequipment or infra-red or thermographycameras, which can demonstrate reasonablereliability in determining if an area needs acritical examination.

c-13 “Repair plan” means a plancreated by the professional which identifies thenature of the defect to be corrected, a detailedprocedure for making the repairs, a detailedsketch of the corrections or installation, a planoutlining protective measures for the publicwhen applicable and a time schedule for therepairs.

c-14. “Safe” means a conditionobserved in a wall that exhibits neither an"unsafe and imminently hazardous condition"nor "safe with an ordinary repair andmaintenance program" at the time of the criticalexamination.

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c-15. “Safe with an ordinary repair andmaintenance program” means a condition of abuilding façade, or part thereof, that is safe atthe time of inspection, but requires ordinaryrepairs or maintenance within a time perioddesignated by the professional, not to be laterthan the next required façade inspection date,in order to prevent its deterioration into anunsafe or unsafe and imminently hazardouscondition.

c-16. “Scaffold drop” means a movementfrom top to bottom of a building façade andcovering an area at least 24 feet wide usingscaffolding, cranes, hoists, cherry pickers,ladders and other devices that permit a close-up visual examination of the façade atelevations above grade level.

c-17. “Story” means the space in abuilding between the surfaces of any floor andthe floor next above or below, or roof nextabove, or any space not defined as basement,ground floor, interior balcony, mezzanine,penthouse or attic. The number of stories of amultistory building includes all stories exceptthe basement, ground floor, interior balcony,mezzanine, penthouse or attic.

c-18. “Unsafe and imminently hazardouscondition” means a condition in which a façadehas no reliable means of structural support andis dangerous to people or property.

c-19. “Unsafe condition” means acondition of a façade, or part thereof, whichwas reported as safe with an ordinary repairand maintenance program in an earlier criticalexamination report and, upon inspection, isfound not to have been corrected within thetime period designated by the professional.

d. Periodic Critical Examination. Acritical examination shall be performed by aprofessional and shall include all of thefollowing:

d-1. The examination shall begin with anelevation parallel to any public sidewalk,walkway, street or alley.

d-2. A close-up visual examination of thebuilding to be performed from a platform ordevice which allows an inspection of the facadearea which can be reached by one scaffolddrop per elevation. Other methods may includephotographic magnification techniques, remoteobservation equipment or infra-red orthermography cameras, which can

demonstrate reasonable reliability and whichmay be approved in addition to the close-upvisual examination by the commissioner on acase-by-case basis.

d-3. A remote examination of thosefacade areas which are not accessible duringthe close-up visual examination.

d-4. A complete review of the mostrecently prepared inspection report.

d-5. A complete review of thepertinent drawings and specifications of thebuilding to determine the specified designs ofthe facades on the building.

d-6. A complete review of thedrawings, specifications and maintenancereports on previous repair work performed onthe facades

d-7. Documentation of the condition ofthe facades through photographs and drawings.

d-8. A notification to the owner oragent of any wall areas that are bowed, bulged,displaced or leaning inward or outward and,where such defects exist, an examination of thecondition of a sufficient number of metal ties,anchors and shelf angles that support the wallat these locations. The owner or agent shallpromptly notify the department of such defects,and it shall be the responsibility of theprofessional to determine the appropriate repairor stabilization procedures. All work necessaryto rectify the defects shall be done on aschedule set by the department, in consultationwith the professional.

d-9. Examination of the substrate ofwall areas with external visible distress.

e. Remote Examination. A remoteexamination, rather than a critical examination,may be performed by a professional on allfacades which are more than 25 feet from thestreet line, alley, sidewalk, any pavedwalkways, plazas or play areas that areroutinely used by the public and shall include allof the following:

e-1. Methodically scanning the facadearea through the use of magnification devices.

e-2. Viewing vertically from streetgrade and down from parapet (where possible)and along all corners for alignment of facadeelements.

e-3. Viewing horizontally to check foralignment of bands of facade elements (suchas cornices, water tables, balconies, windowlintels and sills).

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e-4. Examining any areas which arebowing, bulging, displaced or leaning inward oroutward by performing a critical examination.

f. Fire Escape Critical Examinations.Fire escape critical examination reports, asrequired by s. 214-19-2, may be provided aspart of this report.

g. Examination Schedule. Inspectionreports must be filed with the department on thefollowing schedule, unless otherwise orderedby the commissioner:

g-1. Category I Buildings. g-1-a. Ifconstructed prior to 1920, by December 1, 2004and every 12 years thereafter.

g-1-b. If constructed between 1920 and1950, by December 1, 2005 and every 12 yearsthereafter.

g-1-c. If constructed in 1951 or later and15 years old or older, by December 1, 2006 andevery 12 years thereafter.

g-2. Category II and IV Buildings. g-2-a.If constructed prior to 1920, by December 1,2004 and every 8 years thereafter.


g-2-c. If constructed in 1951 or later and15 years or older, by December 1, 2006 andevery 8 years thereafter.

g-3. Category III Buildings.g-3-a. If constructed prior to 1920, by

December 1, 2004 and every 5 yearsthereafter.


g-3-c. If constructed in 1951 or later and15 years or older, by December 1, 2006 andevery 5 years thereafter.

g-4. If a critical examination report wascompleted 5, 8 or 12 years or less prior to thesubmission due date, depending on the buildingcategory, the report may be submitted to thedepartment for review. If the report isaccepted, the next report will be due within 5, 8or 12 years of when that report was originallycompleted, depending on the building category.

h. Critical Examination Reports. Theprofessional shall submit a written report to theowner or agent and 2 copies of the report to thecommissioner. A critical examination by aprofessional shall be performed with theunderstanding that, because of the physical

properties of the many materials commonlyused for constructing facades, and thelimitations on detecting concealed internal walldistress, a critical examination performed by aprofessional may not find “unsafe andimminently hazardous conditions” in the façadethat are not visible from the exterior. Therefore,submittal of the critical examination report is nota representation that all “unsafe and imminentlyhazardous conditions” in the façade have beenidentified. The report shall include:

h-1. The name and address of thebuilding.

h-2. The name, address and phonenumber of the building owner and agent.

h-3. The name, business address andphone number of the professional preparing thereport.

h-4. A site plan of the buildingshowing adjacent streets and alleys, andrelationship of the building to property lines andadjacent buildings.

h-5. A description of the building,including the number of stories, height, plandimensions, age and type of exterior wallconstruction, describing (as applicable)cornices, soffits or similar overhangs orfeatures.

h-6. Overall photographs or drawingsof the 4 elevations of the building.

h-7. A detailed description of thecritical examination in narrative form, includingstart and completion dates.

h-8. A designation of the building’sstatus by the professional, as defined in par. c.

h-9. Drawings or photographsdescribing the locations and extent of allsignificant distress or deteriorated conditionsobserved in the facades.

h-10. A description of recommendedrepair work and precautionary measures thatwill be taken to safeguard the public, if any, andthe recommended completion date of suchwork.

h-11. Where appropriate, a comparisonof conditions of facades on the building withcondit ions observed during previousexaminations.

h-12. A recommendation for futureexamination, if earlier than 5 years from date ofthe report.


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h-13. The signature and seal of theprofessional who performed the criticalexamination.

h-14. The signature of the owner or agentacknowledging his or her knowledge of thebuilding’s condition and responsibility tomaintain the building in a safe condition.

h-15. The date of the report.h-16. O the r documen ts , no tes ,

summaries, memoranda, letters or ancillaryreports pertinent to the critical examinationreport prepared by the professional andsubmitted to the owner.

i. Building Status. Based upon theexterior maintenance status of each building,the commissioner may issue orders to makeneeded repairs and obtain required permits .The procedure shall be as follows, based uponthe exterior maintenance status of eachbuilding:

i-1. Buildings Determined “Safe”. Onecopy of the report shall, if completed incompliance with par. h, be returned to theowner or agent, and professional, bearing astamp of receipt signed by the commissioner.

i-2. Buildings Determined “Safe With anOrdinary Repair and Maintenance Program”.One copy of the report shall, if completed incompliance with par. h, be returned to theowner or agent bearing a stamp of receiptsigned by the commissioner upon approval of arepair schedule prior to the commencement ofany work and filing of a second report by aprofessional stating the required work wasperformed.

i-3. Buildings Determined to be in an“Unsafe Condition”. One copy of the reportshall, if completed in compliance with par. h, bereturned to the owner or agent bearing a stampof receipt signed by the commissioner uponfiling of a repair plan prepared by aprofessional, filing of a follow-up report by theprofessional stating that the building has beenbrought back to a “safe condition” within thetime schedule established by the commissionerand completion of a scheduled inspection bythe department.

i-4. Buildings Determined to be in an“Unsafe and Imminently Hazardous Condition”.One copy of the report shall, if completed incompliance with par. h, be returned to theowner or agent bearing a stamp of receiptsigned by the commissioner upon completion ofthe following:

i-4-a. Notification by the professional tothe commissioner by the next business dayrelated to the condition of the building.

i-4-b. Detail ing the appropriateprecautionary measures to be taken by theowner prior to a scheduled city inspection toprevent further deterioration and to make thesite safe to the public and building occupantsprior to scheduled repairs being performed. Ifthe building owner fails to take these measuresprior to the city inspection, the commissionermay cause the precautionary measures to betaken. The cost incurred by the city in takingthe necessary precautionary measures may becharged against the real estate upon which thebuilding is located, and if that cost is socharged it is a lien upon such real estate andmay be assessed and collected as a specialcharge.

i-4-c. Submission of a repair plan within3 business days of the notification to thecommissioner of the condition of the building.

i-4-d. A written report by theprofessional noting that repairs have beenperformed to bring the building into a “safecondition” on a schedule created by thecommissioner shall be submitted in duplicate tothe commissioner by the owner.

i-4-e. A professional has submitted amaintenance plan for the building and monthlyreports to the commissioner related to themaintenance work performed.

i-4-f. Another critical examination hasbeen scheduled to be performed within a year,with the report of that examination to besubmitted to the commissioner.

275-33. Interior Structure. 1. GENERAL. Theinterior of a structure and its equipment shall bemaintained by the owner or operator in astructurally sound and sanitary condition so asnot to pose a threat to the health and safety ofthe occupants, and protect the occupants fromthe environment. No person shall occupy asowner-occupant, or let to another for occupancyor use any structure, dwelling, dwelling unit orportion thereof, which does not comply with therequirements of this section and subchs. 4 to 7.

2. STRUCTURAL MEMBERS. Thesupporting structural members of every buildingshall be maintained structurally sound, notshowing any evidence of deterioration whichwould render them incapable of carrying theimposed loads.


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3. INTERIOR SURFACES. a. Everyinterior partition, wall, floor and ceiling shall becapable of affording privacy, kept in areasonably good state of repair and maintainedso as to permit them to be kept in a clean andsanitary manner.

b. Every toilet, bathroom and kitchenfloor surface shall be constructed andmaintained so as to be substantially imperviousto water and so as to permit such floor to beeasily kept in a clean and sanitary condition.

4. FREE FROM DAMPNESS. Inevery building, cellars, basements and crawlspaces shall be maintained reasonably freefrom dampness to prevent conditions conduciveto decay or deterioration of the structure.

5. INTERIOR STAIRWAYS. a. Everyinterior stairway shall be so constructed andmaintained as to be safe to use and capable ofsupporting the anticipated loads.

b. Handrails for interior stairways shallcomply with s. 275-32-3-h-1-a.

6. INTERIOR DOORS. Every interiordoor, door hinge and door latch shall bemaintained in a good state of repair.

7. MEANS OF EGRESS FOR ONEAND 2-FAMILY DWELLINGS. a. No owner oroperator of a one or 2-family dwelling that has2 or more means of egress from the dwellingunit or units shall reduce or permit to bereduced the number of means of egress fromany dwelling unit to less than 2. Second floorairing porches may be counted as one of therequired means of egress from second floorunits if a second exit was not provided.

b. In a 2-family dwelling, no doors thatserve as a common means of egress shall belocked against egress when the building isoccupied. All locking devices which preventegress or which require the use of a key to exitshall be prohibited.

275-34. Supplied and Furnished Equipment.1. SUPPLIED FACILITIES. Every

supplied facility, piece of equipment or utilitywhich is required under this chapter shall be soconstructed or installed that it will functionproperly, and shall be maintained in reasonablygood working condition.

2. P L U M B I N G F I X T U R E SFURNISHED BY OCCUPANTS. Everyplumbing fixture furnished by the occupant shallbe properly

installed and shall be maintained in reasonablygood working condition, in a clean and sanitarystate, and free from defects, leaks orobstructions.

3. STORM WINDOWS. In anyrental dwelling or rental dwelling unit, stormwindows or at least double glazed windowsshall be supplied by the owner for each windowin each habitable room of the rental dwellingunit except that such windows need not beprovided if heat in the rental dwelling or rentaldwelling unit is supplied by the owner. Stormwindows shall cover the entire window surfaceand be capable of adequately sealing out coldair and be constructed of rigid, clear material.Clear, rigid plastic or film materials may beused instead of storm windows when installedon the interior of the primary window in amanner to prevent air infiltration. Flexible filmshall not be allowed on the exterior of buildings.Flexible film shall be removed during periodswhen screens are required. The responsibilityof installing the storm windows or otherapproved materials shall be assumed by theowner, except in one and 2-family dwellings,the tenants shall be responsible for installation.

4. USE OF HEATING FACILITIES. Every occupant of a dwelling unit shall beresponsible for the exercise of reasonable care,proper use and proper operation of suppliedheating facilities.

5. D I S C O N T I N U A N C E O FSERVICES. No owner or operator may causeany service, facility, equipment or utility whichis required or supplied to be removed from orshut off from, or discontinued for any occupieddwelling or dwelling unit, except for suchtemporary interruption as may be necessarywhile actual repairs, replacements or alterationsare being made.

6. DAMAGE TO PROPERTY. Noperson may wilfully or wantonly damage,mutilate or deface any part of residential realestate, supplied fixtures and equipment, andsupplied furnishings or any other property ofanother.

275-35. Graffiti Abatement. 1. DEFINITION.In this section, "graffiti" means any inscription,word, figure or design marked, scratched,etched, drawn or painted with spray paint, liquidpaint, ink, chalk, dye or other similarsubstances on buildings, fences, structures,equipment and similar places without theexpress permission of the owner or operator ofthe property.


-570c- 10/24/2006

2. PUBLIC NUISANCE. The existenceof graffiti on any real property within the city isexpressly declared to be a public nuisance asit affects the public health, safety and welfare,and it shall be the duty of the owner or operatorof the property to keep the property free ofgraffiti at all times.

3. GRAFFITI PROHIBITED. No owneror operator of any real property within the citymay maintain or allow any graffiti to remainupon any structure located on such propertywhen the graffiti is visible from the street orother public or private property.

4. N O T I F I C A T I O N B YDEPARTMENT. Whenever the departmentdetermines that graffiti on any building orstructure within the city is visible from the streetor other public or private property, thedepartment may notify by letter the owner oroperator of the property that the graffiti shall beabated in a timely manner.

5. GRAFFITI ABATEMENT. a. Thecommissioner may issue an order to theproperty owner or operator of the property toabate the graffiti observed by the commissionerat the time of inspection within a reasonabletime after notification.

b. The minimum compliance of anyorder shall be the obliteration of graffiti by aprimer paint. Removal of the graffiti with primerpaint and matching building paint o othersuitable removal system appropriate to thesurface shall be encouraged.

c. Upon the failure of the propertyowner or operator to comply with the order ofgraffiti abatement issued by the department bythe designated date, the department may causethe graffiti to be abated by city forces or privatecontract. The city or private contractor shall beexpressly authorized to enter on the propertyand abate the graffiti upon exterior walls,fences and other structures abutting publicstreets, property or right of way. All reasonableefforts to minimize damage from such entryshall be taken by the city, and any paint used toobliterate graffiti shall be as close aspracticable to the background color or colors.The cost of the graffiti abatement andinspection costs shall be charged against theproperty, shall be a lien upon the property andshall be collected as a special charge.

275-36. Below-Grade Structure.1. DEFINITION. In this section,

“below-grade structure” means any undergroundspace, of which all or a portion extends beyondthe building line. This includes, but is not limited tosidewalk vaults, equipment vaults, retaining walls,pits, etc., but does not include undergroundstorage tanks of steel or plastic.

2. INSPECTION. The department isauthorized to perform an exterior and interiorinspection of any below-grade structure which isdeemed by the department to be a potential safetyhazard.

3. CRITICAL EXAMINATION. a. Ifupon inspection the department finds any below-grade structure which appears defective orunsafe, or creates a nuisance, the commissionermay order that a critical examination be performedby a registered architect or registered structuralengineer employed by the owner or the agent.

b. The registered architect orregistered structural engineer shall submit awritten report showing the structural condition ofthe below-grade structure to the commissioner.

c. All defects noted on the writtenreport submitted by the registered architect orregistered structural engineer shall be correctedby the owner within a time period prescribed bythe commissioner. Any structural repairs willrequire the owner to obtain a repair permit.

d. A written report showing that alldefects noted in the prior report have beencorrected shall be submitted in duplicate to thecommissioner by a registered architect orregistered structural engineer.

4. ABANDONED BELOW-GRADESTRUCTURE. If an owner chooses to abandon abelow-grade structure, the owner shall obtain apermit from the department of city development.If the structure is located within the public right-of-way, a permit shall be obtained from thedepartment of public works.

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-571- 4/11/2000

SUBCHAPTER 4LIGHT, VENTILATION, SPACE

275-40. Scope; Responsibility. 1. SCOPE. This subchapter governs the minimumconditions and standards for the light,ventilation and space for the occupancy of astructure. All light, ventilation and spaceconditions shall comply with the requirementsof this subchapter insofar as they areapplicable.

2. RESPONSIBILITY. The owner oroperator of the structure shall provide andmaintain light and ventilation and spaceconditions in compliance with this subchapter.No person may occupy as owner-occupant orlet to another for occupancy or use anypremises which does not comply with thissubchapter.

275-41. Light. 1. GENERAL. All spaces orrooms shall be provided with sufficient light soas not to endanger health and safety.

2. WINDOW AREA. Every habitableroom shall have at least one window facingdirectly to the outdoors. The minimum totalwindow area, measured between stops, forevery habitable room shall be at least 8% of thefloor area of the room. Whenever the onlywindow in a room is a skylight-type window inthe top of the room, the total window area of theskylight shall equal at least 15% of the totalfloor area of the room. Skylight-type windowsexisting on and after December 6, 1968, may,if less than 15% of the total floor area, beincreased to 15% but no skylight-type windowshall be installed in lieu of a window where askylight has not previously existed.

3. LIGHTING OF COMMON HALLSAND STAIRWAYS. a. Two to 4 FamilyDwellings. Public pathways and stairways inbuildings accommodating 2, 3 or 4 familiesshall be provided with convenient light switchescontrolling an adequate lighting system whichmay be turned on when needed. Anemergency circuit is not required for thislighting.

b. Five or More Families. Publicpathways and stairways in buildingsaccommodating more than 4 families, or morethan 30 persons, and every building whichaccommodates transients shall be lighted at alltimes with adequate artificial lighting; except

that such artificial lighting may be omitted fromsunrise to sunset where adequate naturallighting is provided. Whenever the occupancyof the building exceeds 100 persons, theartificial lighting as regulated herein shall be onan emergency circuit.

c. Intensity of Light. Adequatelighting system, as herein required, shall meanan intensity of 2-1/2 foot candles at a plane 30inches above the floor line. The requiredintensity shall apply to both natural and artificiallighting.

4. OTHER SPACES. All otherspaces shall be provided with natural orartificial light of sufficient intensity and sodistributed as to permit the maintenance ofsanitary conditions and the safe use of thespace and the appliances, equipment andfixtures.

275-42. Ventilation. 1. GENERAL. All spacesor rooms shall be provided sufficient natural ormechanical ventilation so as not to endangerhealth and safety. Where mechanicalventilation is provided in lieu of naturalventilation, the mechanical ventilation systemshall be maintained in operation during theoccupancy of any structure or portion thereof.

2. ADEQUATE VENTILATION.Every habitable room shall have at least onewindow or skylight which can easily be opened,or such other device as will adequately ventilatethe room. The total openable window area inevery habitable room shall be equal to at least50% of the minimum window area size orminimum skylight-type size, as required ins. 275-41-2, except where there is suppliedsome other device affording adequateventilation.

3. BATHROOMS AND TOILETROOMS. Every bathroom and toilet room shallcomply with the light and ventilationrequirements for habitable rooms contained insub. 2 and s. 275-41-2 except that no windowsor skylights shall be required in adequatelyventilated bathrooms and toilet rooms equippedwith an adequate mechanical ventilationsystem.

4. WINDOW SCREENS. a. Everywindow required for ventilation, including bathand toilet room, shall be supplied with approvedscreening having a wire mesh of not less thannumber 16 covering at least 1/3 of the windowarea, except that screens shall not be requiredfor window areas above the 5th floor.


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b. Every dwelling having 2 or morebasement windows shall have at least 2window screens which cover the entire window.Where there is only one basement window, itshall be similarly screened. Such screens shallhave a wire mesh of not less than number 16.

c. In any rental dwelling or rentaldwelling unit, the responsibility for installing thescreens shall be assumed by the owner, exceptthat in one and 2-family dwellings the tenantsshall be responsible for insertion of pre-fitscreens. Screens shall be hung not later thanJune 1 of each year. Tenants in multipledwellings shall be responsible for theinstallation of adjustable frame screens whenthe same are provided by the owner or operatorand can be easily installed from the inside.

275-43. Dwelling Unit Limitations. Dwellingunits shall be separate and apart from eachother. Sleeping rooms shall not be used as theonly means of access to other sleeping roomsor habitable spaces.

275-44. Space Requirements. 1. MAXIMUMOCCUPANCY. a. The maximum occupancy fora one room dwelling unit shall be 2 people.

b. No dwelling unit consisting of 2 ormore rooms shall be occupied by moreoccupants than the total number which iscalculated on the following basis:

TYPE OF ROOM OCCUPANCY SUBTOTAL

Kitchen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0Each habitable room containing lessthan 70 square feet of floor area . . . . . . . . . . . 0Each habitable room containing atleast 70 but less than 100 square feetof floor area . . . . . . . . . . . . . . . . . . . . . . . . . . . 1Each habitable room containing 100or more square feet of floor area . . . . . . . . . . . 2

2. RESTRICTIONS. a. Sleeping inKitchens or Hallways. No person may use anykitchen, nonhabitable space or public space forsleeping purposes.

b. Minimum Ceiling Height. At least1/2 the floor area of every habitable room shallhave a ceiling height of at least 7 feet. Thefloor area of that part of any room where theceiling height is less than 5 feet shall not beconsidered as part of the floor area incomputing the total floor area of the room forthe purpose of determining the maximumpermissible occupancy thereof.

c. Sharing a Toilet and Bath. Nodwelling unit may be permitted whereoccupants share a toilet, bath or lavatory basinwith the occupants of another dwelling unit inaccordance with s. 275-51-1-b, 2-b and 3-bunless the unit has been created in accordancewith the provisions of the code applicable at thetime of its creation, and unless the dwelling unitis located in a 2nd class dwelling for which avalid 2nd class dwelling permit was issued inaccordance with s. 275-20 and in effect onOctober 20, 1971.


-573- 4/11/2000

SUBCHAPTER 5PLUMBING

275-50. Scope and Responsibility. 1. SCOPE.This subchapter governs the minimumplumbing facilities and fixtures to be provided.All plumbing facilities and fixtures shall complywith the requirements prescribed in thissubchapter insofar as they are applicable.

2. RESPONSIBILITY. The owner oroperator of the structure shall provide andmaintain plumbing facilities and fixtures incompliance with this subchapter. No personmay occupy as owner-occupant or let toanother for occupancy or use any structure orportion thereof or premise which does notcomply with this subchapter.

275-51. Required Facilities. Every occupant ofevery dwelling shall have unrestricted access toa kitchen sink, toilet, bath and lavatory basinrequired in accordance with this section.

1. TOILET. a. Every dwelling unitshall contain a toilet, except as otherwisepermitted in par. b.

b. The occupants of 2 or more 2ndclass dwelling units may share a toilet if thetotal number of occupants sharing a single toiletdoes not exceed 8.

2. LAVATORY BASIN. a. Whenexisting dwelling units are remodeled to includeany change in floor plans or there are additionsthereto, each unit, except as otherwisespecified under par. b, shall contain a lavatorybasin within the room in which the requiredtoilet is located.

b. Every 2nd class dwelling unit shallcontain lavatory basins within the rooms inwhich communal toilets are located and thetotal number of lavatory basins shall not be lessthan the number of toilets.

3. BATH. a. Every dwelling unit shallcontain a bath, except as otherwise permitted inpar. b.

b. The occupants of every 2nd classdwelling unit shall have access to a bathlocated within the 2nd class dwelling unitoccupied by them or the occupants of 2 or more2nd class dwelling units may share a bath,provided the total number of occupants in the 2or more 2nd class dwelling units sharing asingle bath does not exceed 8.

4. KITCHEN SINK. Every dwellingunit shall contain an approved kitchen sink.

275-52. Toilet Rooms. 1. PRIVACY. Everytoilet and every bath shall be contained withina room or within separate rooms which affordprivacy to a person within the rooms.

2. DIRECT ACCESS. Toilet roomsand bathrooms shall not be used as apassageway to a hall or other space, or to theexterior. A toilet room or bathroom in adwelling unit shall be accessible from anysleeping room without passing through anothersleeping room.

3. LOCATION. Every communaltoilet and bath, required to be provided inaccordance with s. 275-51-2-b and 3-b shall belocated within rooms accessible to theoccupants of each dwelling unit sharing thefacilities without going through a dwelling unit ofanother occupant and without going outside ofthe dwelling, and the rooms shall be located onthe same floor of the dwelling, or on the floorimmediately above or immediately below thedwelling units whose occupants share the useof the facilities.

275-53. Plumbing Fixtures. 1. CONDITION.All plumbing fixtures shall be maintained in asafe and useable condition. All plumbingfixtures shall be of approved material.

2. MAINTENANCE. Every suppliedplumbing fixture and water and waste pipe shallbe properly installed and maintained in a good,sanitary, working condition.

3. ACCESS. Plumbing fixtures shallbe installed as to permit easy access forcleaning both the fixture and the area about it.

275-54. Water System. 1. GENERAL. Everysink, lavatory, bathtub or shower, drinkingfountain, water closet or other facility shall beproperly connected to an approved watersystem. All sinks, lavatories, bathtubs andshowers shall be supplied with hot and coldrunning water.

3. SUPPLY. The water supplysystems shall be installed and maintained toprovide at all times a supply of water toplumbing fixtures, devices and appurtenancesin sufficient volume and at pressure adequateto enable them to function satisfactorily.


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4. HOT WATER. Each hot waterheating facility shall be properly connected tothe water system, as provided in sub. 1, andshall be capable of providing an adequateamount of hot water to be drawn at each sink,lavatory, bathtub and shower that is part of thewater system at a temperature of not less than110EF.

275-55. Sewage System. 1. GENERAL. Everysink, lavatory, bathtub or shower, drinkingfountain, water closet or other facility shall beproperly connected to either a public sewersystem or to an approved private sewagedisposal system.

2. MAINTENANCE. Every plumbingstack, waste and sewer line shall be soinstalled and maintained as to function properlyand shall be kept free from obstructions, leaksand defects to prevent structural deteriorationor health hazards. All repairs and installationsshall be made in accordance with this code.


-575- 4/11/2000

SUBCHAPTER 6MECHANICAL HEATING AND

ELECTRICAL REQUIREMENTS

275-60. Scope; Responsibility. 1. SCOPE. This subchapter governs the minimummechanical and electrical facilities andequipment to be provided. All mechanical andelectrical facilities and equipment shall complywith the requirements of this subchapter insofaras they are applicable.

2. RESPONSIBILITY. The owner oroperator of the structure shall provide andmaintain mechanical and electrical facilities andequipment in compliance with this subchapter.No person may occupy as owner-occupant orlet to another for occupancy or use anypremises which do not comply with thissubchapter.

275-61. Heating Facilities. 1. GENERALHEATING REQUIREMENTS. a. Every dwellingunit shall be supplied with a heating facilityunless the heat is provided by a central heatingfacility. Such facilities shall be properlyinstalled, be maintained in reasonably goodworking condition, and be capable ofadequately heating all habitable rooms,bathrooms and toilet rooms contained therein,or intended for use by the occupants thereof, toa temperature of at least 67EF. at a distance 3feet above floor level when the outdoortemperature is at or above 1OE below zeroFahrenheit.

b. Every owner or operator whorents, leases or lets any dwelling unit on terms,either expressed or implied, to supply heat tothe occupants thereof, shall maintain aminimum temperature of 67EF continuouslyduring periods of occupancy.

c. Whenever a dwelling is heated bymeans of a furnace, boiler or other heatingapparatus under the control of the owner oroperator of the dwelling, the owner or operator,in the absence of a written contract oragreement to the contrary, shall be deemed tohave contracted, undertaken or bound himselfto furnish heat in accordance with thissubsection to every dwelling unit whichcontains radiators, furnace heat duct outlets orother heating apparatus outlets, and to everycommunal kitchen, communal dining room,communal bathroom and communal toilet roomlocated within each dwelling.

2. CENTRAL HEATING SYSTEMS.Every supplied central heating system shallcomply with the following requirements:

a. The central heating unit shall bein reasonably good operating condition.

b. Every heat duct, steam pipe andhot water pipe shall be free of leaks and shallfunction so that an adequate amount of heat isdelivered where intended.

c. Every seal between the sectionsof a hot air furnace shall be tight so noxiousgases will not escape into heat ducts.

3. SPACE HEATERS. Every spaceheater shall be properly installed, maintained inreasonably good working condition and shallcomply with the following requirements:

a. No space heater burning solid,liquid or gaseous fuels shall be a portable type.

b. Every space heater burning solid,liquid or gaseous fuels shall be properly ventedto a chimney or duct leading to outdoor space.

c. Every coal-burning space heatershall have a fire-resistant panel beneath it.

d. Except as noted in par. f, everyspace heater located within 2 feet of a wall shallbe equipped with insulation sufficient to preventthe overheating of the wall.

e. Every space heater smoke pipeshall be equipped with guards, properlyconstructed of nonflammable material at thepoint where the pipe goes through a wall,ceiling, or partition.

f. The clearance of automaticallycontrolled gas space heaters to combustibleconstruction shall be as set forth in s. Comm23.17, Wis. Adm. Code, as amended.

4. COOKING AND HEATINGEQUIPMENT. All cooking and heatingequipment, components and accessories inevery heating, cooking and water heatingdevice shall be maintained free from leaks andobstructions, and kept functioning properly soas to be free from fire, health and accidenthazards. All installations and repairs shall bemade in accordance with the provisions of thebuilding code, or other laws or ordinancesapplicable thereto. Portable cooking equipmentemploying flame is prohibited, except forapproved residential type food trays or salverswhich are heated by a candle or alcohol lamp.


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5. INSTALLATION. All mechanicalequipment shall be properly installed and safelymaintained in good working condition, and becapable of performing the function for which itwas designed and intended.

a. All fuel-burning equipment shall beconnected to an approved chimney flue or vent.

b. All required clearances tocombustible materials shall be maintained.

c. All safety controls for fuel-burningequipment shall be maintained in effectiveoperation.

d. A supply of air for completecombustion of the fuel and for ventilation of thespace shall be provided the fuel-burningequipment.

6. FIREPLACES. Fireplaces andother construction and devices intended for usesimilar to a fireplace shall be stable andstructurally safe and connected to approvedchimneys.

275-62. Electrical Facilities. 1. OUTLETS. Where there is suitable electric serviceavailable from supply lines which are not morethan 300 feet away from a dwelling, includingall existing dwellings now supplied withelectrical services, every kitchen, living room,rooming unit and hotel unit within the dwellingshall contain at least 2 separate and remotefloor or wall-type electric convenience outlets,or one such convenience outlet and onesupplied ceiling or wall-type electric light fixture,and every bedroom, dining room, toilet room,bathroom, laundry room, furnace room andpublic hall shall contain at least one suppliedceiling-type or wall-type electric light fixture. Inlieu of one supplied ceiling-type or wall-typeelectric light fixture, a bedroom and a diningroom may each contain at least 2 separate andremote floor or wall-type electric convenienceoutlets. Every outlet and fixture shall beproperly installed and shall be connected to thesource of electric power in a proper manner.

2. INSTALLATION. All electricalequipment, wiring and appliances shall beinstalled and maintained in a safe manner inaccordance with all applicable laws. Allelectrical equipment shall be of an approvedtype.

3. DEFECTIVE SYSTEM. Where itis found, in the opinion of the commissioner,that the electrical system in a structureconstitutes a hazard to the occupants of thestructure by reason of inadequate service,improper fusing, insufficient outlets, improperwiring or installation, deterioration or damage,or for similar reasons, the commissioner shallrequire the defects to be corrected to eliminatethe hazard.

4. OCCUPANT TO HAVE READYACCESS. a. Each occupant shall have readyaccess to all overcurrent devices protecting theconductors supplying that occupancy.

b. In a multiple-occupancy buildingwhere electric service and electricalmaintenance are provided by the buildingmanagement and where these are undercontinuous building management supervision,the service overcurrent devices and feederovercurrent devices supplying more than oneoccupancy shall be permitted to be accessibleto authorized management personnel only.


-577- 6/15/2004

SUBCHAPTER 7SANITATION AND PEST CONTROL

275-80. Scope. This subchapter governs theresponsibility of persons for the maintenance ofstructures, equipment and premises thereof.

275-81. Sanitary Conditions. 1. CLEANLINESS.a. Occupant's Responsibility. Every

occupant of a structure shall keep in a cleanand sanitary condition that part of a structureand premises thereof which the occupantoccupies or controls, and prior to moving,vacating, or relinquishing occupancy or control.

b. Owner's Responsibility. Everyowner or operator of a structure in which 2 ormore occupants share a structure or premisesshall be responsible for maintaining in a cleanand sanitary condition all communal, shared orpublic areas of the structure and premisesthereof which are used or shared by 2 or moreoccupants. The owner shall maintain vacantland in a clean and sanitary condition.

2. RUBBISH. Every occupant of adwelling or dwelling unit shall dispose ofrubbish in a clean and sanitary manner byplacing it in rubbish containers required bysub. 4.

3. GARBAGE. Every occupant of adwelling or dwelling unit shall dispose of allgarbage and any other organic waste whichmight provide food for rodents in a clean andsanitary manner by placing it in the garbagedisposal facilities or garbage storage containersrequired by sub. 4.

4. GARBAGE AND RUBBISHCONTAINERS. The owner of every dwellingunit shall furnish each dwelling unit withadequate garbage and rubbish storagecontainers of a type and in a location asdescribed in ss. 79-3 and 79-4 or as otherwiseapproved by the commissioner of public works.

5. MAINTENANCE OF PREMISES.a. Every premises shall be graded

and drained so that:a-1. No stagnant water accumulates or

stands on the premises or within any building orstructure located on the premises.

a-2. No soil spills onto the sidewalk,street or adjoining property as a result of soilerosion.

b. Every premises shall bemaintained in an erosion-free and dust-freecondition utilizing suitable landscaping, grass,trees, shrubs or other planted ground cover or,except in the case of a premises occupied by asingle-, 2- or multi-family dwelling, othersuitable means approved by the commissioner.

c. If an owner fails or neglects tocomply with the provisions of this sub. withinthe time allotted by the commissioner, thecommissioner may cause the premises to berestored to an erosion-free and dust-freecondition. The cost of such action shall becharged against and be a lien upon the realestate and be assessed and collected as aspecial charge.

6. RAT HARBORAGES. Wheneveraccumulations of rubbish, boxes, lumber, scrapmetal, motor vehicle bodies or any othermaterials upon a premises provide ratharborage, the person owning or in control ofthe premises shall cause the material to beremoved or the materials shall be stored so asto eliminate the rat harborage. Lumber, boxesand similar materials shall be neatly piled atleast one foot above the ground. If, after areasonable notice, the owner fails to remove orproperly store lumber, boxes, scrap metal orother materials that can provide a ratharborage, or to remove dilapidated andinoperative motor vehicles, the commissionermay, by city personnel or by private contractor,cause the materials or motor vehicles to beremoved from the premises and disposed of.The cost thereof shall be charged against saidreal estate, shall be a lien upon the real estateand shall be assessed and collected as aspecial charge.

275-82. Extermination. 1. GENERAL. Theowner or operator of any structure shall beresponsible for extermination within thestructure prior to renting, leasing or selling thestructure.

2. EXTERMINATION OF PESTS. a-1. Owner's Responsibility. Every

owner or operator of a structure in which 2 ormore occupants share a structure or premisesshall be responsible for the extermination ofinsects, rodents or other pests on the premiseswhenever infestation exists in portions of thepremises controlled by more than one occupantor the infestation exists in shared or publicportions of the premises.


10/18/2005 -578-

a-2. Every owner or operator of acondominium unit shall be responsible for theextermination of insects, rodents or other pestsin the condominium unit whenever aninfestation exists within 2 or more condominiumunits that are part of a cluster of contiguouscondominium units or whenever an infestationexists in the common or limited commonelements, in accordance with s. 703.02, Wis.Stats., of a cluster of contiguous condominiumunits.

b. Occupant's Responsibility. Everyoccupant of a structure containing a singleoccupancy shall be responsible for theextermination of any insects, rodents or otherpests on the premises. Every occupant of astructure containing more than one occupancyshall be responsible for extermination within theoccupancy whenever the occupancy is the onlyone infested. Whenever infestation is causedby failure of the owner to maintain a structure ina reasonably rodent-proof or reasonably insect-proof condition, extermination shall be theresponsibility of the owner.

3. VACANT STRUCTURES ANDLAND. The owner shall maintain all vacantdwelling units, dwellings, structures, principalbuildings and yards free from rodents orvermin. If, after the issuance of an order tocorrect conditions and a reasonable time tocomply, the owner fails to keep the propertyfree from rodents or vermin, the commissionermay request the health department either bycity personnel or by contract to correct thesituation and charge the cost upon the tax rollsof the property, or the commissioner mayperform this function if the health department’sfunction under this subsection has beendelegated to the department of neighborhoodservices by a memorandum of understanding.

Building Maintenance 275--(HISTORY)

-579- 7/31/2007

LEGISLATIVE HISTORYCHAPTER 275

Abbreviations:am = amended ra = renumbered and amended rn = renumberedcr = created rc = repealed and recreated rp = repealed

Section Action File Passed Effective

Ch. 275 rn from ch. 51* 85-1396 12/20/85 1/1/86Ch. 275 rc 86-1766 2/3/87 6/1/87275-2 cr 901088 11/27/90 12/15/90275-2 am 921114 11/20/92 12/11/92275-2 am 980963 12/18/98 1/1/99275-20 rc 970452 11/25/97 12/16/97275-20-0 am 050643 10/18/2005 11/4/2005275-20-1 rn to 275-20-1.2 050643 10/18/2005 11/4/2005275-20-1 cr 050643 10/18/2005 11/4/2005275-20-1.5 cr 990090 5/11/99 5/28/99275-20-2 am 040127 6/15/2004 7/2/2004275-20-3-0 am 980963 12/18/98 1/1/99275-20-3-a am 871174 10/6/87 10/23/87275-20-3-a am 990621 7/29/99 8/17/99275-20-3-d cr 961690 3/4/97 3/20/97275-20-4 am 980963 12/18/98 1/1/99275-20-4 am 990621 7/29/99 8/17/99275-20-7-0 am 051471 3/23/2006 4/11/2006275-20-7-p-2 am 980963 12/18/98 1/1/99275-20-7-p-3 am 980963 12/18/98 1/1/99275-20-7-q-0 am 050735 10/18/2005 11/4/2005275-20-9-a rn to 275-20-9 941797 6/6/95 6/23/95275-20-9-a am 980963 12/18/98 1/1/99275-20-9-b rp 941797 6/6/95 6/23/95275-20-9-c rc 030306 6/24/2003 7/11/2003275-20-9-d-1 rc 030306 6/24/2003 7/11/2003275-20-9-d-2 am 030306 6/24/2003 7/11/2003275-20-9-h-2 am 980963 12/18/98 1/1/99275-20-9-j rn to 275-20-9-k 971710 3/3/98 3/24/98275-20-9-j cr 971710 3/3/98 3/24/98275-20-11-a am 980963 12/18/98 1/1/99275-20-12 cr 070549 7/31/2007 8/17/2007275-20-16 am 891827 1/16/90 2/3/90275-20-17-0 am 891827 1/16/90 2/3/90275-20-19-0 am 890136 10/10/89 10/28/89275-20-19-a am 890136 10/10/89 10/28/89275-20-19-a-3 am 921114 11/20/92 12/11/92275-20-19-b am 890136 10/10/89 10/28/89275-20-20 am 871174 10/6/87 10/23/87275-21-3 rp 890991 7/28/92 8/14/92275-21-6 cr 900249 6/20/90 7/10/90275-21-6 rc 900512 1/22/91 2/8/91275-22-3 rp 890991 7/28/92 8/14/92275-23-6 rp 890991 7/28/92 8/14/92275-31 cr 901353 12/21/90 1/12/91275-32-1 am 901353 12/21/90 1/12/91275-32-3-c rc 970472 7/25/97 8/13/97

* except for 51-2 and 51-17 which were repealed.

275--(HISTORY) Building Maintenance

7/31/2007 -580-

275-32-3-h rc 911449 7/28/92 8/14/92275-32-3-h-1-b am 960621 7/30/96 8/16/96275-32-3-h-3 am 901353 12/21/90 1/12/91275-32-3-h-3-a am 041644 4/12/2005 4/29/2005275-32-3-i cr 911449 7/28/92 8/14/92275-32-3-i-1-a am 041644 4/12/2005 4/29/2005275-32-6 am 930944 10/19/93 11/5/93275-32-7 rc 890682 7/25/89 8/15/89275-32-7-0 am 041383 2/22/2005 3/11/2005275-32-7-a-5 am 891307 10/13/89 11/18/89275-32-7.5 cr 041383 2/22/2005 3/11/2005275-32-9 rc 86-1824 5/5/87 6/1/87275-32-10 am 930944 10/19/93 11/5/93275-32-12 cr 892299 11/6/90 11/23/90275-32-13 cr 010409 8/2/2001 8/18/2001275-32-13-b-1 am 030997 11/25/2003 12/16/2003275-32-13-c rc 030997 11/25/2003 12/16/2003275-32-13-c-8 rc 020062 5/14/2002 6/1/2002275-32-13-d-2 am 030997 11/25/2003 12/16/2003275-32-13-d-3 am 030997 11/25/2003 12/16/2003275-32-13-d-8 am 030997 11/25/2003 12/16/2003275-32-13-e-0 am 030997 11/25/2003 12/16/2003275-32-13-g-1 am 021706 4/15/2003 4/25/2003275-32-13-g-1 rc 030997 11/25/2003 12/16/2003275-32-13-g-2 am 021706 4/15/2003 4/25/2003275-32-13-g-2 rc 030997 11/25/2003 12/16/2003275-32-13-g-3 am 021706 4/15/2003 4/25/2003275-32-13-g-3 rc 030997 11/25/2003 12/16/2003275-32-13-g-4 cr 040385 7/27/2004 8/13/2004275-32-13-h-0 am 030997 11/25/2003 12/16/2003275-32-13-h-11 am 030997 11/25/2003 12/16/2003275-32-13-i-2 am 030997 11/25/2003 12/16/2003275-32-13-i-4-b am 030997 11/25/2003 12/16/2003275-32-13-i-4-b am 040043 6/15/2004 7/2/2004275-32-13-i-4-g am 030997 11/25/2003 12/16/2003275-33-1 am 86-1824 5/5/87 6/1/87275-33-1 am 901353 12/21/90 1/12/91275-33-5 rc 911449 7/28/92 8/14/92275-33-7 cr 912132 3/24/92 4/10/92275-34 cr 901353 12/21/90 1/12/91275-34-3 am 930176 6/15/93 7/2/93275-35 cr 950357 7/28/95 8/16/95275-35-1 am 970497 11/21/97 12/16/97275-35-4 am 971310 12/16/97 1/8/98275-35-5 rc 971310 12/16/97 1/8/98275-35-5-b am 960621 7/30/96 8/16/96275-35-5-b am 970497 11/21/97 12/16/97275-35-5-d rp 970497 11/21/97 12/16/97275-35-6 rp 991634 2/29/2000 3/17/2000275-35-7 rp 971310 12/16/97 1/8/98275-36 cr 99338-1 4/11/2000 4/29/2000275-40-2 am 901353 12/21/90 1/12/91275-42-4-0 am 980134 5/27/98 6/13/98275-44-2-c am 921114 11/20/92 12/11/92275-50-2 am 901353 12/21/90 1/12/91275-54-4 am 872018 2/18/88 3/8/88275-54-4 rc 912434 5/26/92 6/12/92275-60-2 am 901353 12/21/90 1/12/91

Building Maintenance 275--(HISTORY)

-580a- 3/23/2006

275-61-3-f am 990863 10/19/99 11/5/99275-62-2 am 86-1824 5/5/87 6/1/87275-62-4 cr 901353 12/21/90 1/12/91275-81-1-b am 901353 12/21/90 1/12/91275-81-5 rc 921198 11/20/92 12/11/92275-81-5-b am 901353 12/21/90 1/12/91275-81-5-b am 920147 6/16/92 7/3/92275-81-5-b am 940652 2/14/95 3/3/95275-81-5-c am 930944 10/19/93 11/5/93275-81-5-c am 040043 6/15/2004 7/2/2004275-81-6 am 901353 12/21/90 1/12/91275-81-6 am 040043 6/15/2004 7/20/2004275-81-7 to 12 rp 901353 12/21/90 1/12/91275-82-1 am 901353 12/21/90 1/12/91275-82-2-a rn 951360 1/23/96 2/9/96275-82-2-a-2 cr 951360 1/23/96 2/9/96275-82-3 am 921114 11/20/92 12/11/92275-82-3 am 980963 12/18/98 1/1/99275-90* cr 970595 11/4/97 11/21/97275-91* cr 970595 11/4/97 11/21/97275-92* cr 970595 11/4/97 11/21/97

* Sections 275-90, 275-91 and 275-92 became null and void after 11/21/99 per the sunset provisionsof File #970595.

275--Building Maintenance

3/23/2006 -580b-

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