Submitting a One- and Two-Dwelling Permit to Start Construction Application.
Topic: Uniform Dwelling Code

This is the third installment in a series of articles that are being written to highlight the permit application process in the state-contracted areas of WISPECT LLC®. The articles are based on Chapters SPS 320 - 325 of the Uniform Dwelling Code and its incorporated standards. Reasonable efforts have been made to ensure that this information is current, complete and accurate, however no claim is made that this information is beyond question. For further information on the building permit process and inspections contact the municipality you will be building in. For further information on the state-contracted areas of WISPECT LLC® visit our website, www.wispect.com.

The One- and Two-Family Dwelling Permit to Start Construction Application is fairly simple document to understand and complete. The information that is being requested should be known to permit applicant readily when it is being completed. The permit applicant is required to have been issued a sanitary permit if a Private On-Site Waste Treatment System (POWTS) or some other county approved system is being installed. See s. SPS 391 for Wisconsin’s Sanitation Code and the state’s approved methods of providing sanitation for new one- or two-family dwellings. All Wisconsin counties require one- and two-family dwellings to have some form of sanitation, even if plumbing is not installed in the structure. SPS 320.09 (9) (c) and s. 145.195, Stats., states  that if the proposed construction requires connection to a Private On-Site Waste Treatment System (POWTS), a Wisconsin Uniform Building Permit may not be issued until conformance with s. SPS 383.25 (2) has first been determined. This also applies to a One- and Two-Family Dwelling Permit to Start Construction. Contact the county you will be building in for further information on Sanitary Permits and their requirements for one-and two-family dwellings. If the dwelling will be connected to a sanitary district, typically arrangements have been made for water and sewage services. The permit applicant by this time has also obtained a zoning or land use permit as well. WISPECT LLC® will not issue a One- and Two-Family Dwelling Permit to Start Construction until the Ashland or Bayfield County Zoning Departments have issued the zoning or land use permit(s).

• A permit applicant for a One- and Two-Family Dwelling Permit to Start Construction should have the following documentation ready to submit to the AHJ. It should be noted, in the state-contracted areas of WISPECT LLC® there is a $50 administrative fee for processing the One- and Two-Family Dwelling Permit to Start Construction Application and filing it with the Department of Safety and Professional Services. The fee for conducting the plan review and the on-site inspection(s) are included in the permit fee charged for the Wisconsin Uniform Building Permit. This fee may vary from municipality to municipality, check with the municipality you will building in for more information on permit fees.

• All submissions for a One- and Two-Dwelling Permit to Start Construction should comply with all the requirements of the 2009 Uniform Dwelling Code and its adopted standards as outlined in s. SPS 320.24. SPS 320.09 (9) (b) 1., 2., and 3. are the administrative code sections governing the permit to start construction. The code allows construction to begin on the footings and foundation prior to the issuance of a Wisconsin Uniform Building Permit. All plans submitted for approval need to be accompanied by sufficient data, calculations and information so it can be determined if the dwelling will meet the requirements of the code. The code requires the following documentation to be submitted to the AHJ for the plan review process;

1. Completed Application for One- and Two-Dwelling Permit to Start Construction
2. Site Plan (SPS 320.09 (5) (a) 1. and SPS 320.09 (6) (a),
3. Soil Erosion Control Plan (SPS 320.09 (5) (a) 2. and 3., SPS 320.09 (6) (a), and s. SPS 321.125),
4. Exterior Elevations View (SPS 320.09 (5) (c) 2. and SPS 320.09 (6) (a),
5. Footing and Foundation Plan (SPS 320.09 (5) (c) 2., SPS 320.09 (6) (a), SPS 321.15, and SPS 321.18),
6. Uniform Notice to Permit Applicants Served by State-Contracted Inspection Agencies,
7. Cautionary Statement to Owners Obtaining Building Permit (Submission of this document is required when the owner will be acting as the permit applicant).

• It is very important that anyone applying for a One- and Two-Family Dwelling Permit to Start Construction ensures the footings and foundation walls for masonry, poured concrete, wood, or a frost-protected shallow foundation meet all the requirements of SPS 321.02 (2), SPS 321.15 (1) (a), SPS 321.16 (1) (a), SPS 321.16 (2) (a), and SPS 321.18 (1) (a). There is no requirement that construction plans for a new one- and two-family dwelling are stamped by a registered architect or engineer. The exception to the rule is when a new dwelling will be built in a coastal floodplain or when a certified flood proof basement is being installed in accordance with s. SPS 321.33 (2) (b). It should be noted by anyone designing a new one- or two-family dwelling in accordance with the UDC, other adopted standards may be needed to assist in the design of the dwelling. Some of the adopted standards incorporated into the code will need to be purchased.

If an owner has decided to design their new home it should also be noted; the Uniform Dwelling Code requires a new one- and two-family dwelling to be designed by the method of structural analysis or the method of accepted practice specified in each part of the code. Simply put; if the owner does not have the skills to design the home by generally accepted engineering analysis or has failed to purchase a copy of UDC (the UDC is available on-line for free as well) to design the home by the “prescriptive method“ outlined in the code, submitting code-compliant plans is a very difficult proposition. The code requires all plans to be legible and drawn to scale or dimensioned and shall include all the requirements of SPS 320.09 (4), (5) (a), (b), (c) and 6 (a) and (b) in accordance with SPS 320.09 (5). There are also instances where a permit applicant will go to a hardware or lumber yard and have construction plans drawn up. This a buyer beware situation; ensure they understand and incorporate all the requirements of UDC into the construction plans before retaining their services. If you will be retaining the services of an out of state designer of one- and two-family dwellings, remind them they need to design the dwelling in accordance with Wisconsin’s Uniform Dwelling Code. When retaining anyone to design your new home ensure they understand and incorporate all the requirements of the UDC into the various plans that are required to be submitted to the AHJ. SPS 320.09 (8) (a) states that plans must “substantially comply” with the code before the approval of a Wisconsin Uniform Building Permit may take place. This includes the plans submitted for a One- and Two-Dwelling Permit to Start Construction. WISPECT LLC® will find construction plans that fail to highlight what may be critical violations of the code and missing structural information as not substantially complying with code. Critical violations of the code will covered in a future article. A plan reviewer or UDC Building Inspector can not assist in the design of one- or two-family dwelling that they will be reviewing or inspecting. When a permit applicant requests a One- and Two-Family Dwelling Permit to Start Construction Application packet, WISPECT LLC® also forwards a very detailed Permit Application Checklist which highlights all the code requirements for new one- and two-family dwellings.

• As when submitting for a Wisconsin Uniform Building Permit, the UDC and the zoning department require a site-plan, this should be ready for submission to both agencies. SPS 320 09 (5) (a) requires a site plan to show the location of the dwelling, dispersal systems on the site with respect to property lines and any surface waters adjacent to the site. It should also show the areas of land-disturbing activities and the location of all erosion and sediment control measures to be employed to show compliance with s. SPS 321.125, the soil and sediment control requirements of the code. For this reason, a permit applicant may use the Standard Erosion Control Plan for 1- & 2-Family Dwelling Construction Sites to complete the site plan for the project. In some instances a permit applicant believes soil erosion control measures are not necessary for their project. The permit applicant should then ensure they are also completing the Erosion Control Plan Checklist and the Management Strategies sections of the worksheet to show why they feel soil erosion control measures are not necessary. On-site inspections for soil erosion control are conducted throughout the building process. If an Inspector determines soil erosion control measures are needed on your site, your project will be issued a Stop Work Order until proper erosion control measures have been installed. A very good document that can assist builders with ensuring proper soil erosion control measures are being installed is the Erosion Control for Home Builders brochure.

• It is reasonable that you would know who you intend to hire for the construction of the dwellings foundation. Keep in mind, only individuals and companies credentialed by the Dept. of Safety and Professional Services may install HVAC and plumbing systems in Wisconsin. This only matters when a slab on grade foundation is being installed. The type of inspections and all inspection requirements of the code will be highlighted in a future article. You may utilize the Division of Industry Services website to search for credentialed individuals and companies at: http://apps2.commerce.wi.gov/SB_Credential/SB_CredentialApp/SearchByMultipleCriteria.

Let’s take a moment to review the various foundations allowed by the Uniform Dwelling Code, the code sections for footings and foundations, and/or the adopted standards.

• Wood Foundation (SPS 321.18 (4), SPS Table 320.24-2, the Permanent Wood Foundations Design and Construction Guide, or by structural analysis );

• Un-reinforced Poured Concrete Foundation (SPS 321.18 (2) (a) and (b), ACI 318.05 Building Code Requirements for Structural Concrete, or by structural analysis);

• Reinforced Poured Concrete Foundation (SPS Table 320.24-1, ACI 318.05 Building Code Requirements for Structural Concrete, or by structural analysis);

• Un-reinforced Masonry Foundation (SPS 321.18 (3), SPS Table 321.18-C, SPS Table 320.24-1, ACI 530-05 Building Code Requirements for Masonry Structures, ACI 530.1-05 Specification for Masonry Structures, ASTM C 476.01 Standard Specification for Grout for Masonry, or by structural analysis);

• Reinforced Masonry Foundation (SPS 321.18 (3), SPS Tables 321.18-D, E, or F, ACI 530-05 Building Code Requirements for Masonry Structures, ACI 530.1-05 Specification for Masonry Structures, ASTM C 476.01 Standard Specification for Grout for Masonry, or by structural analysis);

• Frost-Protected Shallow Foundation (SPS 321.15 2 (e) Floating Slab by structural analysis, SPS Table 320.24-5, SPS 321.16 (2) (a) All types of frost protected shallow foundations designed in accordance with ASCE-32-01 Design and Construction of Frost-Protected Shallow Foundations and the Builder's Guide to Frost-Protected Shallow Foundations .); 

• Pier Foundation (SPS 321.15 (2) (b) Pier Foundation Footing - Footing may also be sized in accordance with an engineering analysis. Piers of aluminum, concrete, masonry, steel, wood, or any other material allowed by the State of Wisconsin should be sized and installed in accordance with generally accepted engineering principles and the adopted standards for each material in s. SPS 320.24 (2).).

• Any foundation designed in accordance with the accepted method of structural analysis. Supporting documentation must be submitted that shows the structural calculations used to design the foundation or, if applicable, the adopted standard for the material outlined in SPS Table 320.24.

If you the homeowner will be building your new home you will need to read, sign, and submit the Cautionary Statement to Owners Obtaining Building Permits. In the areas that are served by the state-contracted inspection agencies you will also need to read, sign, and submit the Uniform Notice to Permit Applicants Served by State-Contracted Inspection Agencies. Both of these documents must be signed and returned with the permit application before a One- and Two-Dwelling Permit to Start Construction will be issued. On the permit application it should be entered that the owner is the dwelling contractor. The Dwelling Contractor Qualifier certification is not required when an owner is building their own home. If you have retained the services of a contractor but they will not be acting as the permit applicant you may enter their name and certification number. Since the dwelling contractor will not be submitting the permit application it is not necessary to enter their Dwelling Contractor Qualifier certification information. But, if the dwelling contractor or anyone other person or entity is applying for the One- and Two-Family Dwelling Permit to Start Construction, they must possess both certifications and they must be current. There is no requirement that a dwelling contractor have either certification, however, if your are retaining the services of an un-credentialed contractor you need to read the Cautionary Statement to Owners Obtaining Building Permits very carefully. A permit applicant should review the Right to Cure Law brochure as well. Wisconsin Act 201, the “Right to Cure Law,” says that consumers at the time of contracting for construction or remodeling work for dwellings must be provided with this brochure describing requirements for making any future claims of construction defects.

• One additional requirement the Authority Having Jurisdiction may have is the installation of a complete drain tile or pipe system designed and installed in accordance with s. SPS 321.17. SPS 321.17 (2) (a) states that a Registered UDC Inspection Agency may determine if a complete drain tile or pipe system is required based on certain factors. You will need to contact the municipality you will be building in for their policy on drain tile or pipe systems. It has been the policy of WISPECT LLC® since January 1st, 2005 that a complete drain tile or pipe system will be installed in all new one- and two-family dwellings with the exception of slab on grade foundations. However, if a permit applicant submit’s the proper documentation showing that a drain tile or pipe system is not necessary, the Inspection Agency will take the information under consideration. The final determination whether a complete drain tile or pipe system is required will be made during the foundation inspection(s).

It is the intent of these articles to ensure anyone applying for a Wisconsin Uniform Building Permit in the state-contracted areas of WISPECT LLC® is complying with the Uniform Dwelling Code. Our goal is to eliminate the disapproval of permit applications, for any reason, and ensure construction projects for one- and two-family dwellings in our state-contracted areas are permitted in a timely manner.

Next Article: Submitting a Wisconsin Uniform Building Permit Application Part 2 - Submitting Code Compliant Construction Plans

Future Article: Completing the Standard Erosion Control Plan for 1- and 2-Family Dwelling Sites - DNR WT-458-96