# Title 54 — State Government

## Chapter 54-21.3 — State Building Code

### § 54-21.3-01. Purposes of chapter.

The purposes of this chapter are to:
1. Provide the citizens of this state with nationally recognized standards and
requirements for construction and construction materials.
2. Eliminate restrictive, obsolete, conflicting, and unnecessary construction regulations
that tend to increase construction costs unnecessarily or restrict the use of new
materials, products, or methods of construction or provide preferential treatment to
types or classes of materials or products or methods of construction.
3. Ensure adequate construction of buildings throughout the state and to adequately
protect the health, safety, and welfare of the people of this state.
### § 54-21.3-02. Definitions.

As used in this chapter, unless the context requires otherwise:
1. "Agricultural purposes" includes purposes related to agriculture, farming, ranching,
dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry
husbandry.
2. "Building" means a combination of any materials fixed to form a structure and the
related facilities for the use or occupancy by persons, or property. The word "building"
shall be construed as though followed by the words "or part or parts thereof".
3. "City" means any city organized under the laws of this state.
4. "Code enforcement agency" means an agency of the state or local government with
authority to inspect buildings and enforce the law, ordinances, and regulations which
establish standards and requirements applicable to the construction, installation,
alteration, repair, or relocation of buildings.
5. "Construction" means the construction, erection, reconstruction, alteration, conversion,
or repair of buildings.
6. "Jurisdictional area" means the area within which a city or township has zoning
jurisdiction.
7. "State building code" means the state building code provided for in this chapter.
8. "Temporary work camp housing" includes a modular residential structure used to
house workers on a temporary basis for a maximum period of five years.
### § 54-21.3-03. State building code.

1. The department of commerce, in cooperation with the state building code advisory
committee, shall adopt rules to implement, amend, and periodically update the state
building code, which must consist of the international building, residential, mechanical,
and fuel gas codes.
2. The state building code advisory committee consists of:
a. Two representatives appointed by the North Dakota building officials association,
one of whom must be from a jurisdiction of fewer than ten thousand people.
b. One representative appointed by the North Dakota chapter of the American
institute of architects.
c. One representative appointed by the North Dakota society of professional
engineers.
d. One representative appointed by the North Dakota association of builders.
e. One representative appointed by the North Dakota association of mechanical
contractors.
f. One representative appointed by the associated general contractors.
g. A fire marshal appointed by the state fire marshal.
h. One individual appointed by the state electrical board.
3. The state building code advisory committee shall meet with the department of
commerce or a designee of the commissioner of commerce at least once each

calendar year to address proposed amendments to the state building code. The
department of commerce may not adopt an amendment to the state building code
unless the amendment is approved by a majority vote of:
a. One representative appointed by the North Dakota chapter of the American
institute of architects;
b. One representative appointed by the North Dakota society of professional
engineers;
c. One representative appointed by the North Dakota association of builders;
d. One representative appointed by the North Dakota association of mechanical
contractors;
e. One representative appointed by the associated general contractors; and
f. Representatives of eligible jurisdictions as established by administrative rule.
4. The state building code or a building code adopted by a city, township, or county may
not include a requirement that fire sprinklers be installed in a single family dwelling or a
residential building that contains no more than two dwelling units. The state building
code, plumbing code, electrical code, or an equivalent code adopted by a political
subdivision must provide that a building designed for and used as a school portable
classroom may be constructed and inspected as a temporary structure as defined by
the state building code or may be permitted as a permanent school portable
classroom. The foundation system of such a structure must comply with the
recommendations of the manufacturer's engineering report for a pre-engineered unit or
a structural engineer's report. Frost-free footings may not be required for a temporary
structure that meets the requirements of the state building code unless required by an
engineering report. Temporary electrical and plumbing installations may be allowed for
any structure by the governmental entities governing those areas of construction or the
applicable codes.
5. For the purposes of manufactured homes, the state building code consists of the
manufactured homes construction and safety standards under 24 CFR 3280 adopted
pursuant to the Manufactured Housing Construction and Safety Standards Act
[42 U.S.C. 5401 et seq.].
6. The governing body of a city, township, or county that elects to administer and enforce
a building code shall adopt and enforce the state building code. However, the state
building code may be amended by cities, townships, and counties to conform to local
needs.
7. A modular residential structure or a prebuilt home placed in the state must be
constructed in compliance with the state building code. A modular residential structure
or a prebuilt home placed in a jurisdiction that has amended the state building code
must be constructed in compliance with the state building code and the amendments
adopted by that jurisdiction.
### § 54-21.3-04. Exemptions.

1. Except as specifically provided in this chapter, the following statewide codes are
exempt from this chapter:
a. The Standards for Electrical Wiring and Equipment, as contained in North Dakota
Administrative Code article 24-02.
b. The State Plumbing Code, as contained in North Dakota Administrative Code
article 62-03.
c. The State Fire Code, as contained in the rules of the state fire marshal as
provided in section 18-01-04.
2. The following buildings are exempt from this chapter:
a. Buildings which are neither heated nor cooled.
b. Buildings used whose peak design rate of energy usage is less than one watt per
square foot [929.0304 square centimeters] or three and four-tenths British
thermal units an hour per square foot [929.0304 square centimeters] of floor area.
c. Restored or reconstructed buildings deliberately preserved beyond their normal
term of use because of historical associations, architectural interests, or public

policy, or buildings otherwise qualified as a pioneer building, historical site, state
monument, or other similar designation pursuant to state or local law.
3. Any building used for agricultural purposes, unless a place of human habitation or for
use by the public, is exempt from this chapter.
### § 54-21.3-04.1. Accessibility standards - Automatic doors.

1. Notwithstanding section 54-21.3-04, every building or facility subject to the federal
Americans with Disabilities Act of 1990 [Pub. L. 101-336; 104 Stat. 327] must conform
to the 2010 Americans with Disabilities Act standards for accessible design as
contained in title 28, Code of Federal Regulations, parts 35 and 36 [28 CFR 35
and 36].
2. A state agency or the governing body of a political subdivision shall require from any
individual preparing plans and specifications for a building or facility subject to the
Americans with Disabilities Act of 1990 [Pub. L. 101-336; 104 Stat. 327], a statement
that the plans and specifications are, in the professional judgment of that individual, in
conformance with the Americans with Disabilities Act standards for accessible design
as provided under subsection 1. A statement of conformance must be submitted to the
department of commerce division of community services for recording.
3. After July 31, 2013, a newly designed and constructed building in excess of seven
thousand five hundred square feet [696.77 square meters] which is classified within
the state building code as assembly, business, educational, institutional, or mercantile
occupancy and required by the state building code to be accessible must include at
the primary exterior public entrance an automatic door or power-assisted manual door
that complies with the requirements of the Americans with Disabilities Act of 1990,
revised 2010. If a multiple unit building does not have a primary exterior public
entrance, an individual unit within that building is not required to include an automatic
door or power-assisted manual door unless that individual unit is in excess of seven
thousand five hundred square feet [696.77 square meters].
### § 54-21.3-04.2. Notice of federal accessibility guidelines required.

A building permit issued under section 11-33-18, subsection 6 of section 40-05-02, or other
similar grant of authority must contain the following statement:
Federal law may require this construction project to conform with the Americans with
Disabilities Act Accessibility Guidelines for Buildings and Facilities.
### § 54-21.3-04.3. Used temporary work camp housing - Exemption.

State or local government code enforcement agencies may allow exemptions or accept
alternate methods for construction and placement of temporary work camp housing that has
been previously used as housing or temporary work camp housing in a different location,
provided that the waiver does not substantially compromise the health or safety of workers. This
authority is granted to code enforcement agencies enforcing the state building code, the State
Electrical Code, and the State Plumbing Code when acting within their existing jurisdiction. This
section does not apply to newly constructed temporary work camp housing.
1. State or local government code enforcement agencies, acting within their existing
jurisdiction, may conduct a nondestructive walkthrough inspection of previously used
temporary work camp housing to ensure compliance with applicable codes, including
the state building code, State Electrical Code, and State Plumbing Code. If the
housing is found to be compliant with these codes, or to not substantially compromise
the health or safety of workers pursuant to a waiver under this section, the code
enforcement agency may issue a limited certificate of inspection, which is effective for
a period of five years. Residents may not be permitted to move into or live in
temporary work camp housing unless the housing has a current limited certificate of
inspection or has been found to meet all applicable codes and requirements by any
code enforcement agency having jurisdiction.

2. The applicable codes, including the state building code, the State Electrical Code, and
the State Plumbing Code, are applicable as a standard for liability in legal actions
against owners or operators of temporary work camp housing if exemptions are
granted.
3. An owner of temporary work camp housing has the duty to remove that housing and
all related above-grade and below-grade infrastructure within one hundred twenty days
after the temporary work camp housing is vacated. Any city or county may abate any
public nuisance caused by vacated temporary work camp housing within its
jurisdiction. An owner of temporary work camp housing shall provide the city or county
where the temporary work camp housing is installed with a surety bond, letter of credit,
or other security instrument in the form and in an amount specified by the city or
county. These funds must be used to cover actual expenses that may be incurred by
the city or county in removal of the temporary work camp housing, including any
above-grade or below-grade infrastructure. The owner is liable for any expenses that
are reasonably incurred by the city or county which exceed the amount of the security.
### § 54-21.3-05. Enforcement of code by city, township, or county - Relinquishment.

A city or township may administer and enforce the state building code only within its
jurisdictional area. A county may administer and enforce the state building code within those
areas of the county in which the state building code is not administered by a city or township.
Cities and townships may relinquish their authority to administer and enforce the state building
code to the county in which they are located in the manner provided by section 54-40.5-03. The
governing body of a city, township, or county electing to administer and enforce the state
building code may designate an enforcement agency. Cities, townships, and counties may
provide by agreement for joint administration and enforcement and may contract for private
enforcement of the state building code.
### § 54-21.3-06. Continuing education - Responsibility.

Repealed by S.L. 1983, ch. 511, § 8.
### § 54-21.3-07. Modular residential and commercial structures - Third-party inspections -

Rules.
The manufacturer of a modular residential or commercial structure that is built in a factory
shall contract with a third party for the inspection of the structure for compliance with all
applicable building, electrical, fire, and plumbing codes and standards during the manufacturing
process in the factory. A third party that conducts inspections and certifies compliance with all
applicable codes and standards must be approved as a certified third-party inspector by the
division of community services. The department of commerce shall adopt rules for the
certification of inspectors and for the procedures to be followed in conducting inspections of
modular residential and commercial structures. When a manufacturer of modular residential or
commercial structures contracts with a certified third-party inspector to monitor compliance with
all applicable building, electrical, fire, and plumbing codes and standards for a modular
residential or commercial structure, no further inspection by state or local building, electrical,
fire, or plumbing inspectors may be required for that structure during the manufacturing process
in the factory. This section does not apply to a factory manufacturing fewer than two residential
or commercial structures per year.
### § 54-21.3-08. Adoption of an installation program - Penalty.

The department of commerce shall adopt rules establishing a manufactured home
installation program for all manufactured homes built in accordance with the manufactured
homes construction and safety standards under 24 CFR 3280 adopted pursuant to the
Manufactured Housing Construction and Safety Standards Act [42 U.S.C. 5401 et seq.]. The
rules must establish minimum installation standards. The rules may include standards, fees, and
requirements for certification and training of installers, inspections of installations, dispute
resolution, penalties for noncompliance, and costs of processing complaints. The standards do

not apply to manufactured homes installed before the original effective date of the rules.
Manufactured homes may be installed in accordance with either standards adopted in the rules
or the manufacturer's instructions. The rules must include provisions for the enforcement of
these standards. Any person who violates this section or any rule adopted under this section is
guilty of a class A misdemeanor.
