# Title 54 — State Government

## Chapter 54-21.2 — Energy Conservation Standards in New Building Construction

### § 54-21.2-01. Intent.

It is the intent of the legislative assembly that building envelopes be designed with adequate
thermal resistance and low air leakage and that mechanical, electrical service, and illumination
systems and equipment be designed and selected to enable the effective use of energy in new
buildings and structures. It is not the intent of the legislative assembly to prevent the use of any
material, method of construction, design, or insulating system approved pursuant to this chapter.
### § 54-21.2-02. Scope.

1. The powers and authority granted by this chapter shall be in addition to other local
building or zoning requirements, and political subdivisions may adopt more stringent or
additional requirements. This chapter applies to all new public and private buildings
except as provided by this section. Additions to existing buildings or structures may be
made without making the entire building or structure comply, but additions must
comply with the standards adopted pursuant to this chapter. No change in the
character of occupancy or the use of any building or structure which requires an
increase in either fossil fuels or electrical energy to heat or cool such building or
structure may be permitted unless the building or structure is brought into compliance
with standards adopted pursuant to this chapter.
2. The following buildings are exempt from the applicability of this chapter:
a. Buildings which are neither heated nor cooled.
b. Buildings or portions thereof used whose peak design rate of energy usage is
less than one watt per square foot [929.03 square centimeters] or three and
four-tenths British thermal units an hour per square foot [929.03 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.
### § 54-21.2-03. Energy conservation standards.

Standards for energy conservation in new building construction, for thermal design
conditions and criteria for buildings, and for adequate thermal resistance in regard to the design
and selection of mechanical, electrical service, and illumination systems and equipment which
will enable the effective use of energy in new buildings, must be included in the state building
code.
### § 54-21.2-03.1. Heating, ventilation, and air-conditioning interoperability standards for

public buildings.
Except as provided in subsection 2 of section 54-21.2-02, any new construction or any
remodeling of a public building which affects the heating, ventilation, or air-conditioning systems
in the building and which is paid for using any state funds must be constructed to include open
protocol heating, ventilation, and air-conditioning systems that provide for interoperability of the
systems.
### § 54-21.2-04. Inspections.

All construction or work for which a permit is required pursuant to section 11-33-18,
subsection 6 of section 40-05-02, or other similar grant of authority is subject to inspection by
the local building inspector. The governing body of a city, county, or township that elects to
administer and enforce an energy conservation standard shall adopt and enforce the state
energy conservation standards. The state energy conservation standards may be amended by
cities, counties, and townships to conform to local needs. No construction may be covered
without inspection approval, and there must be a final inspection on all buildings when

completed and ready for occupancy. The building inspector may cause any structure to be
reinspected.
