CHAPTER 10:09:03
WAIVERS
Section
10:09:03:01 Terms and conditions for granting waivers.
10:09:03:02 Procedures for granting waivers.
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 § 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.
10:09:03:02. Procedures for granting waivers. An agency
may request a waiver by submitting a written request to the OSE prior to the
construction documents phase of the project. OSE will provide a written
response to the waiver request within 30 days of receipt. The written waiver
request must include:
(1) Justification why a
high performance building standard cannot be met; and
(2) Steps the owner will
take to meet as many energy points as possible under the rating system; and
(3) If the request is based
on the inability to recoup costs in 15 years, the calculations as defined in
§ 10:09:04:01; or
(4) If the square footage
of the renovation project is less than fifty percent of the total square
footage of the building being renovated, a three year building use plan.
Source:
34 SDR 323, effective July 3, 2008.
General
Authority: SDCL 5-14-38.
Law
Implemented: SDCL 5-14-38.
