North Dakota

Current News: 

Effective January 1, 2014 the North Dakota State Building Code consists of the 2012 International Building Code, International Residential Code, International Mechanical Code, and International Fuel Gas Code, along with state amendments to these four codes. The amendments were first reviewed by the Building Code Advisory Committee and recommendations were developed by the Committee for each proposed amendment. On September 4-5, 2013, eligible cities and counties, along with eligible members of the Building Code Advisory Committee, voted on each recommendation.

If a city, county, or township elects to adopt and enforce building codes, it must adopt and enforce the State Building Code. However, a jurisdiction is permitted to further amend the State Building Code to conform to local needs. Fully chartered Home Rule Cities may adopt something other than the State Building Code, but at the present time, all that enforce a building code have elected to adopt the same individual codes that make up the State Building Code.

Current Code:
None Statewide
Amendments / Additional State Code Information: 2009 IECC, with amendments 2012 IBC with reference to 2012 IECC with amendments North Dakota State Building Code, adopted the 2012 IBC, however Chapter 13 Energy Efficiency was deleted and replaced with reference to 2009 IECC with amendments.

Approved Compliance Tools: Can use COMcheck

Effective Date:
Jan. 01, 2014
Adoption Date:
Jan. 01, 2013
Code Enforcement:
Voluntary
DOE Determination: ASHRAE 90.1-2007: No
ASHRAE 90.1-2010: No
ASHRAE 90.1-2013: No

Energy cost savings for North Dakota resulting from the state updating its commercial and residential building energy codes in accordance with federal law are significant, estimated to be on the order of nearly $100 million annually by 2030.

North Dakota DOE Determination Letter, May 31, 2013


Current Code:
None Statewide
Amendments / Additional State Code Information:

2009 IRC with amendments

North Dakota State Building Code, the 2012 IRC was adopted, however the amendment to remove Chapter 11 and replace with Chapter 11 of the 2009 IRC was one of the main amendments



Approved Compliance Tools: Can use REScheck
Effective Date:
Jan. 01, 2014
Adoption Date:
Jan. 01, 2013
Code Enforcement:
Voluntary
Jurisdictions:
DOE Determination: 2009 IECC: No
2012 IECC: No
2015 IECC: No

Energy cost savings for North Dakota resulting from the state updating its commercial and residential building energy codes in accordance with federal law are significant, estimated to be on the order of nearly $100 million annually by 2030.

North Dakota DOE Determination Letter, May 31, 2013


Code Change Process:
Both Regulatory and Legislative
Code Change Cycle:
None

Adoption Process

Changes to the state energy code must first be processed through the North Dakota Division of Community Services. After a review by the Division of Community Services, changes are processed through a technical review committee composed of building officials, design professionals, and other applicable organizations and then through a series of public hearings. Rules and regulations associated with a new code are established through the Administrative Practices Act. Code changes are processed on a three-year code cycle corresponding to the publication of the International Conference of Building Officials (ICBO) model codes.

Enforcement Process

Statewide enforcement is not required by the state energy code. State or local government-owned and -funded buildings are covered by the code, as well as buildings receiving federal grants from the OIA. Enforcement is not required at the local level unless the code is adopted by a local jurisdiction.

Compliance Process

Compliance for state buildings is determined by plan review and inspection conducted by the agency constructing the building.

Background

In 1979, the 46th North Dakota Legislative Assembly created the North Dakota State Building Code. At the same time, the Legislature amended N.D.C.C. Sections 11-33-01, 40-47-01, and

58-03-11 relating to the authority of cities, townships, and counties to zone to reflect compliance with the state building code. The Legislature directed that the state building code would consist of the Uniform Building Code published by the International Conference of Building Officials.

In 1985, the 49th Legislative Assembly added the Uniform Mechanical Code, also published by the International Conference of Building Officials.

Until 1991, the Legislature maintained the authority to update the state building code, but this process did not permit the state to update the state building code in a timely manner as new editions of the Uniform Building Code and Uniform Mechanical Code were published. In 1991, the Legislature provided for the state building code to be updated as new editions of the codes

are published. This procedure, however, was later declared unconstitutional. As a result, in 1993 the Legislative Assembly shifted the responsibility for updating the state building code to the

Office of Management and Budget, which then designated the Office of Intergovernmental

Assistance (now the Division of Community Services) to adopt rules to implement and periodically update and to amend the code. The Legislative Assembly also directed in 1993, that effective August 1, 1994, any city, township, or county that elects to administer and enforce a

building code shall adopt and enforce the state building code. However, the Legislative

Assembly also provided for the ability for a city, county, or township to amend the state building code to conform to local needs. The first Administrative Rule (Article 4-08-01) for updating the state building code became effective December 1, 1994.

In 2001, the 57th Legislative Assembly amended N.D.C.C. 54-21.3-03, deleting the reference to the Uniform Building Code and Uniform Mechanical Code because they were no longer being published. In their place, the Legislative Assembly designated the International Building Code, International Residential Code, International Mechanical Code, and International Fuel Gas Code as the codes that would make up the state building code. The first version of these codes to be adopted was the 2000 edition. The Legislative Assembly also created a Building Code Advisory Committee to help write administrative rules and to develop recommendations on proposed code amendments. A new Administrative Rule (Article 108, Chapter 108-01) to implement, amend, and periodically update the state building code became effective July 22, 2002.

In 2004, the Building Code Advisory Committee and the eligible local jurisdictions adopted the

2003 edition of the International Building Code, International Residential Code, International

Mechanical Code, and International Fuel Gas Code with amendments.

In 2007, the Building Code Advisory Committee and the eligible local jurisdictions adopted the

2006 edition of the International Building Code, International Residential Code, International

Mechanical Code, and International Fuel Gas Code with amendments.

In 2009, the Building Code Advisory Committee and the eligible local jurisdictions made additional amendments to the State Building Codes. 

In 2010 the Advisory Committee and eligible jurisdictions adopted the 2009 versions of the IBC, IRC, IMC and IFGC with amendments. In addition, in accordance with the State Legislature, the energy conservation provisions of the IBC (Chapter 13) and IRC (Chapter 11) were retained with minor amendments.

In 2013 the Advisory Committee and eligible jurisdictions adopted the 2012 versions of the IBC, IRC, IMC and IFGC with amendments. In addition, in accordance with the State Legislature, the energy conservation provisions of the IBC (Chapter 13) and IRC (Chapter 11) were retained with minor amendments.