New construction and renovations of state-owned buildings must achieve at least LEED Silver certification, a two-globe rating on the Green Globes scale, or comparable rating under an accredited sustainable building certification program.
All state owned buildings are required to be designed and constructed to ASHRAE 90.1-2007 standards.
Changes to the state building code must first be processed through the state legislature. Changes are processed on a three-year code cycle corresponding with the publication of the Uniform Codes. Local jurisdictions may adopt energy requirements without state approval. Only larger jurisdictions have elected to do so at this time.
An energy code is not enforced at the state level. If a local energy code is adopted, it is enforced at the local level.
Compliance with local codes is decided by local jurisdictions.
In 1978 when the South Dakota building code was first enacted, an energy code was part of Chapter 53 of the state building code. However, only three jurisdictions adopted the energy code portion of the state building code. As of 1994, no jurisdictions actively enforced the energy code portion of the state building code.
State building energy efficiency statutes are currently dictated by South Dakota Codified Law, Title 11, Chapter 10.
Residential Construction: The 2006 IECC is an adopted voluntary standard for new residential buildings (state law Title 11, Chapter 10, Section 7). Any builder or seller of 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 (11-10-8). The builder's energy efficiency disclosure form can be found here (11-10-10).
Non-residential construction: Standards for new construction where a local building code ordinance has been adopted -- If the governing body of any local unit of government adopts any ordinance prescribing standards for new construction, such ordinance shall comply with the 2006 International Building Code (IBC). The governing body may amend, modify, or delete any portion of the IBC before enacting such an ordinance. Additional deletions, modifications, and amendments to the municipal ordinance may, from time to time, be made by the governing body and are effective upon their adoption and filing with the municipal finance officer (11-10-5).
Standards for new construction where a local building code ordinance has not been adopted -- The design standard for any new construction commenced after July 1, 2009, within the boundaries of any local unit government that has not adopted an ordinance prescribing standards for new construction pursuant to 11-10-5 shall be based on the 2006 IBC. 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 new construction for any one or two family dwelling, mobile or manufactured home, townhouse, or farmstead and any accessory structure or building thereto (11-10-6).
South Dakota adopted the 2009 IECC as the voluntary energy standard for new residential construction. SB 94 was signed into law on March 15, 2011 and became effective July 1, 2011.