54-21.3-04.3. Used temporary work camp housing - Exemption

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.