Building Safety in Ashwaubenon, WI

If you live in Ashwaubenon or are thinking about moving there, building safety are one of those things you probably won't think about until they affect you directly. Ashwaubenon has 7 specific rules on the books covering different aspects of building safety, and some of them might surprise you.

Childcare Center Rules

The Village of Ashwaubenon zoning code sets detailed site and building standards for child day care centers and preschools, covering minimum indoor size, fenced outdoor play areas, drop-off traffic design and an 8:00 PM cutoff on outdoor play. The rules apply regardless of the underlying zoning district and are enforced through the Village's site plan approval process.

Key details: Minimum indoor size: 280 sq ft + 40 sq ft/child. Minimum outdoor play area: 525 sq ft + 75 sq ft/child. Play area fence height: At least 4 feet, full enclosure. Outdoor play curfew: No outdoor play after 8:00 PM. Drop-off parking ratio: 1 space per 20 children.

Because these are zoning use-specific standards, a project that does not meet them is denied Site Plan Approval or a zoning permit rather than fined after the fact; an existing center found out of compliance with the fenced play area, size or drop-off requirements is subject to Chapter 17 Article 9 zoning enforcement, which can include a stop-work or cease-of-use order until the site is brought into compliance.

Building Inspections

Once the Village of Ashwaubenon issues a building permit, its Building Inspector can enter the job site at any reasonable time until final inspection and approval, and can require the permit or license be produced on demand. The inspector also keeps a running record of every inspection made.

Key details: Entry window: Any reasonable time until final inspection. Inspection log: Kept by Building Inspector, § 5-1-64. Occupancy gate: Certificate required before use, § 5-1-52. Village liability: None for contractor's faulty work, § 5-1-65(C). Code current as of: June 24, 2026.

Refusing entry frustrates the condition attached to the permit under § 5-1-67 and can support revocation under § 5-1-49(B), which lets the Building Inspector void a permit by written notice to the contractor and property owner whenever work is found out of compliance; no further work may proceed until a new permit issues except work the inspector authorizes to protect what is already built. Occupying a new or altered building without the required Certificate of Use and Occupancy under § 5-1-52 is itself a separate violation of that section.

Building Permits

Ashwaubenon requires a permit from the Building Inspection Department before excavation, construction, enlargement, alteration, removal, demolition or an occupancy change involving greater strength, exit or sanitary demands, or before touching regulated electrical, plumbing, heating, or HVAC work; ordinary repairs are exempt.

Key details: Permit issuer: Building Inspection Department. Application deemed abandoned: 6 months after filing, § 5-1-43(A). Permit validity: 1 year from issuance, § 5-1-43(B). Late-start penalty: Double the prescribed permit fee. Ordinary repairs: Exempt if no structural/utility work.

Starting excavation, construction, alteration or regulated trade work before filing the permit application carries a doubled fee: § 5-1-43(C) assesses a permit fee that is twice the otherwise-prescribed amount when a required permit is not obtained or renewed before work commences, and paying that doubled fee does not excuse any other penalty that may also apply. A permit left unused for six months after issuance also lapses under § 5-1-47 if the authorized work is suspended or abandoned that long.

Plumbing Permits

Ashwaubenon adopts Wisconsin's plumbing code, Wis. Stats. ch. 145 and Wis. Admin. Code chs. DSPS 381-387, by reference, and requires a Village permit for any plumbing work defined under state law. Permits may be issued to licensed master plumbers or to qualified homeowners under the state's homeowner exception.

Key details: Governing section: Ashwaubenon Municipal Code § 5-3-537; § 5-3-539. State code adopted: Wis. Stats. ch. 145; Wis. Admin. Code DSPS 381-387. Permit required for: Any plumbing work under Wis. Stat. § 145.01. Who may apply: Licensed master plumbers; qualified homeowners. Enforcing office: Village Building/Plumbing Inspector.

A violation of the adopted state plumbing code or of Chapter 5, Article 3's permit and construction requirements is punishable under the Village's General Penalty, Municipal Code Sec. 1-1-13: a first offense forfeits not less than $1.00 nor more than $5,000.00 plus costs of prosecution, with up to 90 days in the county jail in default of payment; a second offense of the same provision within one year carries the same forfeiture range with up to six months in jail in default. Where a building is found out of compliance with the clear-water discharge rule at Sec. 5-3-562, the plumbing inspector can order compliance within one year and an inspection fee applies under the Village fee schedule.

Scaffold & Sidewalk Shed

The Village of Ashwaubenon requires any construction site on a street, alley or private property to be protected by proper fences and scaffolds. Street- or alley-facing scaffolds need top covers, guard rails or toe-boards, and the platform must clear the sidewalk or alley by at least eight feet.

Key details: Governing section: Ashwaubenon Municipal Code § 5-1-240. Minimum scaffold clearance: 8 feet above sidewalk or alley. Street/alley scaffold cover: Top planks, guard rails or toe-boards. Enforcing office: Village Building Inspection Department. First-offense penalty: $1 to $5,000 forfeiture plus costs.

A violation of Sec. 5-1-240 falls under the Village's General Penalty at Municipal Code Sec. 1-1-13: a first offense carries a forfeiture of not less than $1.00 nor more than $5,000.00 plus costs of prosecution, with up to 90 days in the county jail if the forfeiture and costs go unpaid. A second violation of the same provision within one year carries the same forfeiture range with up to six months of jail time in default of payment, and each day the unsafe condition continues counts as a separate offense.

Electrical Permits

Ashwaubenon adopts the National Electrical Code plus the state electrical and licensing codes by reference, and every electrical job needs a Village permit listing the address, owner, contractor and fee. Only a state-certified or master-licensed electrician may sign for a permit, with a narrow homeowner exception.

Key details: Codes adopted: NEC, Wis. Admin. Code SPS 305/316, DSPS 324. Governing section: Ashwaubenon Municipal Code § 5-2-396. Permit signer: State-certified or master electrician. Homeowner exception: One-family dwelling, owner-occupied. Inspection notice: 48 hours before required inspection.

Failure to comply with any provision of the adopted National Electrical Code, the referenced state administrative codes, or Chapter 5, Article 2's own permit and licensing sections is a violation of the article per Sec. 5-2-396, punishable under the Village's General Penalty, Municipal Code Sec. 1-1-13: a first offense forfeits not less than $1.00 nor more than $5,000.00 plus costs, with up to 90 days in jail in default of payment; a second offense within one year carries the same forfeiture range with up to six months in jail in default. The electrical inspector may also deny power connection or order power disconnected under Sec. 5-2-429/5-2-430 where equipment poses an immediate hazard.

Carbon Monoxide Detectors

Every Village-licensed short-term rental in Ashwaubenon must have working smoke detectors and carbon monoxide detectors meeting Chapter SPS 321 of the Wisconsin Administrative Code, under Section 6-13-27(5) of the Municipal Code; that is the Village's own written detector mandate, distinct from the general Fire Code's wholesale adoption of the state's SPS 328 standard for buildings generally.

Key details: Applies to: Village-licensed short-term rentals. Technical standard: Wis. Admin. Code ch. SPS 321. Checked at: Annual building inspection. Non-compliance risk: License denial or revocation.

Failing to maintain functional smoke and carbon monoxide detectors under Section 6-13-27(5) is a Standards violation that can surface at the annual building inspection Section 6-13-22(C)(12) requires; an inspection turning up outstanding orders can block license issuance or renewal under Section 6-13-24(E), and Section 6-13-30(B)(4) lets the Village Board revoke an existing license for failing to comply with that inspection requirement.

The Bottom Line

Ashwaubenon's building safety rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Ashwaubenon is broadly strict or permissive.

All of the above reflects Ashwaubenon's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.