North Dakota

Primary Contact for State Adoption

Bruce Hagen
Program Manager – Weatherization Assistance Program, Building Codes/ADA, Third Party Inspection Program Manufactured Home Installation Program/SAA North Dakota Department of Commerce

Division of Community Services

1401 College Drive N.
Devils Lake, ND 58301-1596
United States

bahagen@nd.gov

State Agency Office Head

Bonnie Malo
Director

Division of Community Services

United States

bmalo@nd.gov

Regional Energy Efficiency Organization

Chris Burgess
Buildings Director

Midwest Energy Efficiency Alliance (MEEA)

United States

cburgess@mwalliance.org

State Profile

Code Type: Commercial Residential
Current State Code 2018 IECC and ASHRAE 90.1-2016 2018 IECC with amendments
Effective Date
Adoption Date
Enforcement Voluntary Voluntary
State Amendment Yes Yes
Can use COM/REScheck Yes Yes

Certifications

State Code Analysis

Code Type: Commercial
Energy Efficiency
State Amendment Yes Yes
Amendment Summary

Model Code Savings Potential

Statewide Savings Potential (2010-2030)
Cost
Energy (primary)
Consumer Cost Savings Residential
per Home
Commercial
per 1,000 ft2
Annual ($) $577 $140
Annual (%) 25.6%
Life-cycle (30 year) $8671 $1620
Simple Payback 3.2 years 4.6 years
Positive Cash Flow 0.4 years

Compliance

Code Type: Residential Commercial
Field Study No No
Training Program No No

Resources

Additional Information

    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.

    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.

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