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Board denies Gregory Nawrocki appeal; city says mechanical ventilation required for bathroom without openable window
Summary
The Board denied an appeal by property owner Gregory Nawrocki concerning a reinspection fee after DNS inspectors found a bathroom lacked required ventilation (no openable window or mechanical exhaust). DNS cited historical plumbing and ventilation standards; board advised circuit court appeal options.
The Milwaukee Board of Appeals denied Gregory Nawrockis appeal of a reinspection fee for 4838 S. 14th St., after the Department of Neighborhood Services (DNS) presented evidence that a bathroom in the unit lacked required light and ventilation.
DNS supervisor David Silver testified that inspector Mike Stoller conducted an inspection on July 25, 2024, and found the bathroom did not meet the code requirement that bathrooms and toilet rooms have adequate light and ventilation (an openable window/skylight or mechanical ventilation). The citys photos and inspection notes were entered into the record and DNS said a reinspection fee was charged Oct. 9, 2024; the appeal followed.
Owner Gregory Nawrocki disputed the need for a mechanical exhaust fan, noting the buildings 1960s-era construction and an existing heating supply vent above the bathroom door. Silver said a heating supply vent is not an exhaust device and therefore does not satisfy the ventilation requirement; he cited historical plumbing/ventilation standards and the statewide plumbing law referenced during testimony.
Board members questioned whether the condition could be considered "grandfathered"; Silver said DNS does not apply a grandfathering exemption for installations that are unsafe or improperly installed. After discussion, a motion to deny the appeal carried with no recorded objection.
The board told Nawrocki he may appeal the administrative decision to circuit court and that administrative staff would provide instructions.
