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          10:09:03:01.  Terms and conditions for granting waivers. OSE may waive high performance building standard certification for any of the following circumstances:


          (1)  Twenty or fewer persons will permanently occupy the building in a 24 hour period;


          (2)  A 15-year payback cannot be met as defined in ยง 10:09:04:01;


          (3)  If the building is listed on the national register of historic places and reasonable justification is given to indicate that achieving a high-performance green building standard will significantly impair the original architectural intent of the building;


          (4)  Less than fifty percent of the total square footage of the building is planned to be renovated within a three-year period; or


          (5)  Extenuating circumstances may include:


               (a)  Special use building projects;

               (b)  Temporary use state building projects; and

               (c)  Other circumstances that may prohibit high performance building construction or to be contrary to the best interest of the State of South Dakota.


          Source: 34 SDR 323, effective July 3, 2008; 41 SDR 218, effective June 30, 2015.

          General Authority: SDCL 5-14-38.

          Law Implemented: SDCL 5-14-34, 5-14-38.


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