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Thread: Parking ramp or portajohn= government building?

  1. #1
    Regular Member GlockRDH's Avatar
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    Parking ramp or portajohn= government building?

    Would the parking ramps in Madison (all city owned i assume) be considered 'buildings' as far as the statute is concerned? How bout if the city puts up some porta johns (outside the building) for those inside the building?

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    Regular Member Motofixxer's Avatar
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    I don't think they could be classified as a building by any stretch of statutes. But then again...it is Madison. Porta jons are a plastic structure leased to an municipality likely sitting on public property like sidewalk etc, I would ask to see the statute defining that.
    Last edited by Motofixxer; 02-23-2011 at 08:50 PM.
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    Regular Member Canard's Avatar
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    I've argued this before but I believe parking structures are buildings. They must be reviewed by the state under the "building code" when designed and constructed.

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    Quote Originally Posted by Canard View Post
    I've argued this before but I believe parking structures are buildings. They must be reviewed by the state under the "building code" when designed and constructed.
    I must agree, parking ramp is classified as a "Government Building".

    Being it's in Madison, only means your in trouble.

    Sorry

    JJC

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    Regular Member oliverclotheshoff's Avatar
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    cowboyridin set up the baraboo picnic and looked into whats is classified as a building and he came up with if it has walls and i believe doors it is then classified as a building if it doesnt than it is not he did verify tha with someone i dont remember who it was

    if brass magnet wasnt off on his world travels he would be abe to help as well

    maybe cowboyridin could chime in on this with his words of wisdom
    SCOTT

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    Quote Originally Posted by GlockRDH View Post
    Would the parking ramps in Madison (all city owned i assume) be considered 'buildings' as far as the statute is concerned? How bout if the city puts up some porta johns (outside the building) for those inside the building?

    They would. When we did the OC picnic, we had to get written permission from the chief to use the shelters AND the bathrooms. If it's owned or controlled by any governmental entity, it's considered a government building.

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    Any building is a building, but lets look at the law a little closer and what the intent of the law is. (is intent of law a viable argument in court?)

    to classify a portable stinklodge the same as the municipal library is stupid, same as a pit toilet out in a park.

    I wish the law was better defined or we could get a ruling on this from Van Hollen.

    This very subject coined the phrase "Yard Biscuit" a few years back! I still like it!

  8. #8
    Regular Member LR Yote 312's Avatar
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    If the glorified out houses in a wayside are considered a "Government Building"
    then it wouldnt surprise me none to see them classify a porta john as a
    "Government Building"...it certainly meets the walls and door criteria.

    I see both as a direct phone line to my fav politician....Heres a voice mail for ya !!!
    "Ffffftttttttt..."

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    Last edited by LR Yote 312; 02-24-2011 at 11:25 AM.
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    Regular Member oliverclotheshoff's Avatar
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    Quote Originally Posted by Serpent View Post
    They would. When we did the OC picnic, we had to get written permission from the chief to use the shelters AND the bathrooms. If it's owned or controlled by any governmental entity, it's considered a government building.
    bathrooms are considered a building because they have walls and doors but the shelters are not they are not enclosed with walls and if they are truely considered a building like you say then the cheif who gave you written permission to use them is breaking the law becuase they cannot give you permission to break a law written or verbal so the cheif either does not know the laws to their extent, or is blowing smoke at you to try and deter you or get you to ask permission so they can keep tabs on people

    like i mentioned before cowboyridin orchestrated the baraboo picnic and knows the details better than i do but i am certain that park shelters are not considered buildings from the research and info he shared with us at the picnic


    but as for parking ramps since they do have a retaining wall all the way around each level that maybe enough to be considered a building
    SCOTT

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    Regular Member Vandil's Avatar
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    The ramp under this building is a privately owned underground ramp. About 8 bucks a day and free after 6:30pm.

    http://maps.google.com/maps?q=43.073...,0.001206&z=20
    Last edited by Vandil; 02-24-2011 at 01:11 PM.

  11. #11
    McX
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    i am not a lawyer..........damn it Jim i'm a doctor, not a lawyer; but one would think the porta-poop, if not on state property, maybe a sidewalk, or other public venue- public domain, would be not under state jurisdiction, so one could; go with confidence, so to speak. the rest i dont know about.

  12. #12
    Regular Member MKEgal's Avatar
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    The laws & rulings I've read about (I'll try to find links & add later) specifically exempt parking structures.

    Also, there's something in the law to the effect of "an enclosed building where gov't employees regularly work". The little shack where someone sits to take your money as you leave the parking ramp would count as a gov't building, but who ever tries to go in there?

    So no, the port-a-pot wouldn't count, neither would a roadside outhouse, but a rest stop that's got an info desk run by State workers (or even cleaned by them) would, even in the middle of the night with nobody else there but you & the predator. I want to know how we can tell if the cleaners are gov't workers or contracted.

    Some national park (Mammoth Cave?) wanted to stop people carrying into the cave, and since they couldn't very well argue that a cave is a building, they set up a little guard shack type thing that a gov't employee stays in most of the time, that people are required to walk through in order to get into the cave (fenced off the rest of the opening), so they could prevent armed citizens from visiting their park. No metal detectors, though, so if you cc you're still protected from the predators who will carry.
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    Regular Member GlockRDH's Avatar
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    your statment above is what i wasa thinking....its not a 'work place'..but a 'pass through' place....no different than a park shelter...or a temp. tent put up on the capitol square during some event...

  14. #14
    Regular Member Canard's Avatar
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    We should be stating codes here instead of shooting from the hip about what we "think" a building is.

    State Definition of "Public Building":
    101.01(12)
    (12) "Public building" means any structure, including exterior parts of such building, such as a porch, exterior platform, or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy, or use by the public or by 3 or more tenants. When used in relation to building codes, "public building" does not include a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g) which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1).

    my emphasis

    link to the pdf of this chapter: http://legis.wisconsin.gov/statutes/Stat0101.pdf

  15. #15
    Regular Member GlockRDH's Avatar
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    That definition would seem to also include picnic shelters...hmmmm. The thing about portajohns is that they aren necessarily built to meet any sort of 'building code' as applied to 'structures'...they are also portable...which can make a difference...Its not generally taxed as a 'structure' in that case...my 80x44 pole shed doesnt count as a 'structure' becuse it has a dirt floor....

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