CHAPTER 11-10
BUILDING CODES AND STANDARDS
11-10-1 11-10-1 to 11-10-4. Repealed by SL 2011, ch 72, §§ 1 to 4.
11-10-5 New construction standards--Building code ordinance.
11-10-6 New construction standards--No building code ordinance.
11-10-7 Energy conservation code adopted as voluntary standard for new residential buildings.
11-10-8 Disclosure of information regarding energy efficiency of residential building to buyer or prospective buyer--Time for providing form.
11-10-9 Alternative disclosure of information required by federal law.
11-10-10 Builder's energy efficiency disclosure statement.
11-10-11 Property maintenance--Local ordinance--Required standards--Modifications.
11-10-12 Enactment of standards of International Residential Code--Sprinkler system--Not Required.
11-10-13 Commission of building codes--Establishment--Membership.
11-10-14 Use of acceptable refrigerant permitted--Qualification.
11-10-5. New construction standards--Building code ordinance.
If the governing body of any local unit of government adopts any ordinance prescribing standards for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building other than a residential structure as defined in § 11-10-12, the ordinance shall comply with the 2021 edition of the International Building Code as published by the International Code Council, Incorporated. The governing body may amend, modify, or delete any portion of the International Building Code before enacting such an ordinance. Additional deletions, modifications, and amendments to the municipal ordinance may be made by the governing body and are effective upon their adoption and filing with the municipal finance officer. Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body, and are effective upon their adoption and filing with the county auditor. No ordinance may apply to mobile or manufactured homes as defined in chapter 32-7A that are constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction. No ordinance may require that any fire sprinkler be installed in a single family dwelling. No ordinance may apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2021 edition of the International Building Code.
Source: SL 1986, ch 112, § 1; SL 1993, ch 107; SL 1995, ch 81, § 2; SL 1998, ch 77, § 1; SL 2001, ch 47, § 3; SL 2004, ch 104, § 1; SL 2007, ch 72, § 1; SL 2010, ch 73, § 1; SL 2012, ch 77, § 1; SL 2015, ch 73, § 1; SL 2018, ch 71, § 1; SL 2021, ch 59, § 1; SL 2022, ch 35, § 1.
11-10-6. New construction standards--No building code ordinance.
The design standard for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building commenced after July 1, 2021, within the boundaries of any local unit of government that has not adopted an ordinance prescribing such standards pursuant to § 11-10-5 shall be based on the 2021 edition of the International Building Code as published by the International Code Council, Incorporated. Each local unit of government may adopt an ordinance allowing local administration and enforcement of the design standard. The provisions of this section do not apply to any residential structure as defined in § 11-10-12, mobile or manufactured home, or farmstead and any accessory structure or building thereto. For purposes of this section the term, farmstead, means a farm or ranch, including any structure or building located on the land. The provisions of this section do not apply to any mobile or manufactured home as defined in chapter 32-7A that is used for purposes other than residential that is constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction if the structure complies with applicable accessibility standards for the occupancy intended. The provisions of this section do not apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2021 edition of the International Building Code.
Source: SL 2009, ch 62, § 1; SL 2010, ch 73, § 2; SL 2012, ch 77, § 2; SL 2015, ch 73, § 2; SL 2018, ch 71, § 2; SL 2021, ch 59, § 2; SL 2022, ch 35, § 2.
11-10-7. Energy conservation code adopted as voluntary standard for new residential buildings.
The State of South Dakota hereby adopts the International Energy Conservation Code of 2009, published by the International Code Council, as the voluntary standard applying to the construction of new residential buildings in the state.
Source: SL 2009, ch 63, § 1; SL 2011, ch 72, § 5.
11-10-8. Disclosure of information regarding energy efficiency of residential building to buyer or prospective buyer--Time for providing form.
Except as provided by § 11-10-9, any person building or selling a previously unoccupied new residential building which is a single-family or multifamily unit of four units or less shall disclose to the buyer or prospective buyer information regarding the energy efficiency of the residential building. The completed disclosure form shall be provided prior to the signing of the contract to purchase and prior to closing if changes have occurred or are requested, and at any other time upon request. For new residential buildings that are completed and suitable for occupancy but unsold, the completed disclosure form shall be made available to the buyer or prospective buyer by the builder or seller when the residence is shown and at any other time upon request. The disclosure shall be made on a form prepared and disseminated by the South Dakota Real Estate Commission.
Source: SL 2009, ch 63, § 2.
11-10-9. Alternative disclosure of information required by federal law.
If the new residential building is subject to both the National Manufactured Housing Construction and the Safety Standards Act pursuant to the United States Code, title 42 section 5403 and the Federal Trade Commission regulation on labeling and advertising of home insulation pursuant to 16 C.F.R. section 460.16, both as in effect on January 1, 2009, the builder or seller may disclose, instead of the information required by § 11-10-8, the information regarding the new residential building that is required to be disclosed pursuant to the federal act and regulation.
Source: SL 2009, ch 63, § 3.
11-10-10. Builder's energy efficiency disclosure statement.
The disclosure form required in § 11-10-8 shall read as follows:
BUILDER'S ENERGY EFFICIENCY DISCLOSURE STATEMENT
Builder ______________________________________________________
Property Address ______________________________________________
______________________________________________
This Disclosure Statement concerns the real property identified above situated in the City of _______________ County of ____________, State of South Dakota.
Part 1. Builder shall provide the following information about the new residential building:
1. Has this new residential building been built or will it be built to meet the energy efficiency standards of the International Energy Conservation Code of 2009 (IECC 2009)?
Yes ______ No ______
2. Has this new residential building received or will it receive any other energy efficient certification?
Yes ______ No ______
If yes, which certification(s): ______________________________________
Part 2. Builder shall describe the following energy efficiency elements of the new residential building:
|
Actual |
2009 IECC* |
2009 IECC* |
|
Value |
Zone 5 |
Zone 6 |
Wall Insulation R-Value |
________ |
R-20 (or R-13 |
R-20 (or R-13 |
|
|
cavity + R-5 insulated |
cavity + R-5 insulated |
|
|
sheathing) |
sheathing) |
Attic Insulation R-Value |
________ |
R-38 |
R-49 |
Foundation Insulation R-Value |
|
|
|
Basement Walls |
________ |
R-10/13** |
R-15-19** |
Crawlspace Walls |
________ |
R-10/13** |
R-10/13** |
Slab-on-Grade |
________ |
R-10, 2 ft. depth |
R-10, 4 ft. depth |
Floors over Unheated Spaces |
________ |
R-30 |
R-30 |
Window U-Value |
________ |
0.35 |
0.35 |
Door U-Value |
________ |
0.35*** |
0.35*** |
Part 3. Builder shall provide the following information about equipment:
1. Does the new residential building contain an Energy Star certified:
a. Water heater?
Yes ______ No ______
b. Heating system (furnace, heat pump, or other)?
Yes ______ No ______
c. Cooling system (air conditioner, heat pump, or other)?
Yes ______ No ______
Part 4. Builder's Notes and Comments:
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
*IECC stands for International Energy Conservation Code.
**The first R-Value applies to continuous insulation; the second to framing cavity insulation.
***One opaque door per building is exempt from this requirement.
Source: SL 2009, ch 63, § 4; SL 2011, ch 72, § 6.
11-10-11. Property maintenance--Local ordinance--Required standards--Modifications.
If the governing body of any local unit of government adopts any ordinance prescribing standards for maintenance of existing structures and premises, the ordinance shall comply with the 2021 edition of the International Property Maintenance Code as published by the International Code Council, Incorporated. The governing body may amend, modify, or delete any portion of the International Property Maintenance Code before enacting such an ordinance. Additional deletions, modifications, and amendments to the municipal ordinance may be made by the governing body and are effective upon their adoption and filing with the municipal finance officer. Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body, and are effective upon their adoption and filing with the county auditor. However, no ordinance may impose standards that conflict with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction for manufactured homes as defined in chapter 32-7A.
Source: SL 2014, ch 68, § 1; SL 2015, ch 73, § 3; SL 2018, ch 71, § 3; SL 2021, ch 59, § 3.
11-10-12. Enactment of standards of International Residential Code--Sprinkler system--Not Required.
The governing body of a municipality may enact requirements for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of a residential structure by adopting the 2021 edition of the International Residential Code, as published by the International Code Council, Incorporated. The governing body may, at any time, amend any provision of the International Residential Code. The governing body may not require the installation of a sprinkler system in a residential structure or impose any requirements that are more stringent than the requirements in the 2021 edition of the International Residential Code. For purposes of this section, the term, residential structure, means a detached one-family or two-family dwelling, and townhouses not more than three stories in height with a separate means of egress and their accessory structures.
Source: SL 2022, ch 35, § 3.
11-10-13. Commission of building codes--Establishment--Membership.
Beginning in the year 2024, and every three years thereafter, the Board of Technical Professions created under § 36-18A-14 shall convene a workgroup to review the latest edition of the model national codes referenced in this chapter. The workgroup shall consist of two local building code officials, one person engaged in the business of constructing multi-family housing, one person engaged in the business of constructing single-family housing, one person engaged in the business of constructing commercial buildings, one licensed architect, and one licensed professional engineer. The workgroup shall identify any significant revisions to the current edition of each model code and evaluate the impact of the revisions on quality, safety, and cost of construction in the state. The workgroup may recommend amendments to this chapter, including updates to the current edition of any model code referenced in this chapter and alternatives and exceptions to such codes. The workgroup shall report its findings and recommendations to the Board of Technical Professions within six months from the date of the workgroup’s first meeting, and the Board shall publish the report on its website. The workgroup shall dissolve and cease to exist upon the completion of its report to the Board.
Source: SL 2022, ch 35, § 4.
11-10-14. Use of acceptable refrigerant permitted--Qualification.
Notwithstanding any law, regulation, or ordinance to the contrary, the use of a refrigerant designated as acceptable for use pursuant to and in accordance with 42 U.S.C. § 7671k, as amended and in effect on January 1, 2023, is permitted, provided any equipment containing the refrigerant is listed and installed in accordance with safety standards and use conditions imposed pursuant to the designation.
Source: SL 2023, ch 40, § 1.