54-21.3-03. State building code

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

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.