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Ashwaubenon, WI Building Safety: Scaffold & Sidewalk Shed (2026)

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

Key Facts

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

Summary

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.

5-1-240 Fences and Scaffolds Streets, alleys or private property shall be properly protected by erecting proper fences and scaffolds. If scaffolds are to be built on streets or alleys, they shall be properly protected with top cover of planks, guard rails, or toe-boards, to prevent falling of debris on sidewalk or street. The top of the scaffold shall be at least eight feet above the sidewalk or alley.

Full Breakdown

Ashwaubenon Municipal Code Sec. 5-1-240 covers scaffold and fence protection during construction and demolition work in the Village. It applies whenever work occupies streets, alleys or private property: the contractor must erect "proper fences and scaffolds" to protect the public. Where a scaffold is built over a street or alley, it must carry a top cover of planks, guard rails or toe-boards specifically to stop debris from falling onto the sidewalk or street below, and the top of the scaffold has to sit at least eight feet above the sidewalk or alley grade so pedestrians and traffic can pass safely underneath.

The section sits in Article 1 of Chapter 5, Building Regulations, alongside the Village's razing and demolition rules; a razing permit under Sec. 5-1-239 must already be on file with the Inspection Department before this kind of work begins, and adjoining sections (5-1-241 through 5-1-247) add related demolition-safety duties: keeping unsupported walls from standing alone, taking down multi-story buildings floor by floor, lowering rather than dropping heavy materials, and calling the digger's hotline before any building is razed. Because the scaffold rule is embedded in the general building-regulations article rather than tied to a specific trade code, it applies to any contractor's scaffold erected in connection with construction, alteration, repair or demolition inside Village limits, not solely to demolition jobs.

The Building Inspection Department administers and enforces this section as part of its normal building-permit oversight, and a scaffold or protective fence found not to meet the eight-foot clearance or the required top cover can be ordered corrected before work continues.

Violations & Fines

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.

Frequently Asked Questions

Do I need a permit for a construction scaffold in Ashwaubenon?
Section 5-1-240 requires proper protective fencing and scaffolding for any work on a street, alley or private property, and it sits alongside the Village's razing-permit rule, so scaffold work tied to demolition or major construction should be coordinated with the Building Inspection Department before work starts.
How high must a scaffold be over an Ashwaubenon sidewalk?
The top of any scaffold erected over a sidewalk or alley must be at least eight feet above grade under Section 5-1-240, and it must have a top cover of planks, guard rails or toe-boards to keep debris from falling on pedestrians or traffic below.
What happens if a contractor's scaffold does not meet Village rules?
The Building Inspection Department can require correction, and a violation is prosecuted under the Village's General Penalty, Section 1-1-13, which allows a forfeiture of $1 to $5,000 plus costs of prosecution, with each day of noncompliance treated as a separate offense.

Sources & Official References

Other rules in Ashwaubenon

All Ashwaubenon rules

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