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Wauwatosa, WI Building Safety: Building Inspections (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Entry standard
Reasonable times, proper purpose, Sec. 15.02.060
Refused entry
Triggers inspection warrant, Wis. Stat. Sec. 66.0119
Occupancy inspection notice
At least 10 days in advance
First-offense penalty
$100, +$50 each additional offense
Imminent-danger penalty
$1,000 per offense

Summary

Wauwatosa building, electrical, mechanical and plumbing inspectors may enter premises at reasonable times for a proper purpose under Wauwatosa Municipal Code Section 15.02.060, seeking a state inspection warrant if an owner refuses entry. Section 15.02.170 requires a certificate of occupancy, issued only after an inspection turns up no violations, before any building or premises may be used.

The inspectors provided for in this chapter shall have the authority at all reasonable times, for any proper purpose, to enter upon any premises held open to the public or upon private premises with the consent of the owner or the person who is apparently in charge of such premises, upon presentation of the proper credentials, and make inspection thereof. ... It is unlawful to use or permit the use of any building or premises or part thereof without first obtaining a certificate of occupancy. ... Inspections for occupancy shall be requested by the owner or tenant on forms supplied by the division at least ten days prior to anticipating occupancy. If upon inspection, no violations of city code are found, the development director shall issue a certificate of occupancy.

Full Breakdown

060 defines "inspector" broadly to include the development director, lead inspector, building, electrical, mechanical and plumbing inspectors, and the code enforcement officer, and gives that inspector authority to enter premises open to the public or private premises with the owner's consent, at reasonable times and for a proper purpose, after presenting credentials. 0119 of the Wisconsin Statutes; an inspector with probable cause of an urgent threat to public health or safety, such as fire, blocked exits, structural failure, flood or tornado, may enter without waiting for a warrant.

Inspectors may also demand production of a permit, hold the powers of a police officer for enforcement, and order unsafe work stopped by posted notice. 010. The owner or tenant must request the occupancy inspection at least ten days before the anticipated occupancy date, and the development director issues the certificate only if the inspection finds no code violations. If an inspection later finds nonconformity, the building inspector issues written notice specifying it and orders compliance within thirty days, and may revoke the certificate and order the premises vacated for noncompliance or an unsafe condition; a temporary certificate is available for up to six months during construction or hardship.

Violations & Fines

Section 15.02.190 routes Title 15 violations to Section 15.34.080's penalty schedule: a forfeiture of one hundred dollars for a first offense, increasing by fifty dollars for each additional offense, and one thousand dollars for each offense that creates imminent danger to life, health or safety. If an imminent-danger order goes unpaid within sixty days after the city performs corrective work, the cost becomes a special charge against the property.

Frequently Asked Questions

Can a Wauwatosa building inspector enter my property without permission?
Generally no. Section 15.02.060 requires the owner's consent, or the consent of whoever is apparently in charge, before an inspector may enter private premises. If consent is refused, the inspector must seek an inspection warrant under Wisconsin Statutes Section 66.0119, except when there is probable cause of an urgent threat like fire, blocked exits or structural failure.
When is a certificate of occupancy required in Wauwatosa?
Section 15.02.170 requires one before any building or premises is used: specifically for new residential buildings, and for commercial new buildings, additions, changes of use, changes of business or tenant, and changes of owner, plus construction on parcels covered by the floodplain provisions in Section 24.13.010.
How far ahead do I need to request my occupancy inspection?
Section 15.02.170 requires the owner or tenant to request the inspection on the division's form at least ten days before the anticipated occupancy date. The development director issues the certificate only if the inspection turns up no code violations.
What happens if my building fails its occupancy inspection?
Under Section 15.02.170, the building inspector issues written notice of the specific nonconformance and orders the owner or occupant to bring the building into compliance within thirty days. Failure to comply, or an immediate safety risk, lets the inspector revoke the certificate and order the premises vacated.

Sources & Official References

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