North Dakota

Current Codes

North Dakota State Building Code

Code Type: Residential, Commercial

Based on: NO STATEWIDE CODE Not Mandatory

Date Effective: Saturday, August 1, 2009

Date Passed: Friday, May 1, 2009

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Additional Code Information

Code Adoption & Change Process

Code Change Process:

Legislative & Regulatory Process: The North Dakota Department of Commerce, in cooperation with the Building Code Advisory Committee (page 7), shall adopt rules to implement, amend, and periodically update the state building code. Rules and regulations associated with a new code are established through the Administrative Practices Act.

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.

In 2001, the 57th Legislative Assembly 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.

Code Change Cycle:

New editions of the code are considered for adoption as they become available. Most recent update became effective in October 1995 until energy codes were placed under the purview of the North Dakota State Building Code effective August 2009.

Next Code Update:

The North Dakota Building Codes Advisory Committee has been working to update the 2008 State Building Code to include energy efficiency standards based on the 2009 IECC. The eligible voting jurisdictions and voting individuals will hold a final action hearing on September 15-16 to vote on the proposed amendments. The tentative effective date for the updated state code is January 1, 2011.

History

North Dakota's first energy code was adopted in 1977, which was based on ASHRAE/IES Standard 90.1-1975. This code remained in effect until 1993 when the 1989 MEC was adopted as a statewide minimum/maximum standard for state-funded buildings and a voluntary standard for jurisdictions that chose to adopt an energy code. In October 1995, the code was updated to the 1993 MEC. A detailed history of the state's building code can be found here (page 3).

Effective as of December 1, 2008, the North Dakota State Building Code includes the 2006 International Building Code (IBC) and International Residential Code (IRC). However, the energy efficiency chapters (Chapter 13 of the IBC and Chapter 11 of the IRC) have been deleted.

Also note that the State Building Code does not currently include the International Energy Conservation Code (IECC), International Property Maintenance Code (IPMC), or International Fire Code (IFC). These codes, to be in effect, must be adopted separately by each city, county, or township.

Construction standards are currently covered by the 2008 North Dakota State Building Code. Following the passage of SB 2352 in May 2009, the state's stand-alone voluntary building energy standards (the 1993 MEC and ASHRAE 90.1-1989) were temporarily removed from state law with the intent of folding new energy requirements into the state's suite of building codes.

As directed by SB 2352, the North Dakota Building Codes Advisory Committee (which now has the authority to make recommendations that could include energy standards future editions of the State Building Code) has been working to update the 2008 State Building Code to include energy efficiency standards based on the 2009 IECC. The eligible voting jurisdictions and voting individuals will hold a final action hearing on September 15-16 to vote on the proposed amendments. The tentative effective date for the updated state code is January 1, 2011.

As a home rule state, local jurisdictions would still have to choose to adopt the amended state code, a different code, or no code at all.

Enforcement: Effective August 1, 1994, (N.D.C.C. 54-21.3-03) cities, townships, and counties that elect to enforce a building code are responsible for adopting and enforcing the state building code, but may amend the code to conform to local needs. Local governments that have not elected to adopt and enforce the state building code are responsible for assuring that plans and specifications for alterations and new construction of their buildings comply with the state building code.

Basic Facts

Population:

646,844 (2009, U.S. Census Bureau)

Construction Activity:

New Housing Units Authorized by Permit:
Total units: 2,833
Number of Housing Units by Structure Type:
1 unit: 1,888
2 units: 44
3 and 4 units: 39
5 or more units: 862
(2008, Real Estate Center)

Projected Construction Rate:

single family residential units:1,888 (-14% less than prev yr), w/ avg. value of $173,800 each.
(2008, Real Estate Center)

CO2 Emissions:

48.98 MMT CO₂ (2007)

Energy Data

Primary Energy Source:

Petroleum: 64.8% (2007, EIA)

Energy Consumption:

Total Annual Energy Consumption of 428.1 trillion Btu (2007, EIA)

Energy Expenditures:

Petroleum: 64.8% (2007, EIA)

Energy Snapshot:

43% of the natural gas supply in North Dakota is consumed to heat residential homes.

Residential use of natural gas costs $8.70/thousand cubic ft.

Nearly all of generated electricity is produced by coal fired power plants.

Source: EIA

Climate Concerns

Regional Issues & State Action:

According to the United States Global Change Research Program, the Midwest has experienced rising average temperatures with the largest warming seen in the winter months. The growing season has been extended by one week because of earlier last spring frosts and precipitation has become more frequent including increased instances of heavy downpours. Since the 1980s, large heat waves have become more frequent than any time in the last century. These effects of climate change are predicted to continue, threatening the region’s economy, landscape, character, and quality of life.

Although North Dakota does not have an official climate action plan, the State is making efforts to develop alternative energy sources to help the United States work towards the goal of energy independence. Energy is one of Governor Hoeven's 'Six Pillars' In 2008 North Dakota passed a $42 million comprehensive Renewable Energy Agenda that provides incentives to promote the production and development of renewable energy sources. The efforts also include a mandate to take 25 percent of its energy from renewable sources.

BCAP Estimated Energy Savings

If North Dakota began implementing the 2009 IECC and Standard 90.1-2007 statewide in 2011, businesses and homeowners would save an estimated $17 million annually by 2020 and $34 million annually by 2030 in energy costs (assuming 2006 prices).

Additionally, implementing the latest model codes would help avoid about 5.4 trillion Btu of primary annual energy use by 2030 and annual emissions of more than 0.36 million metric tons of CO₂ by 2030.

A 2010 BCAP analysis indicates that the weighted average incremental construction cost of upgrading to the 2009 IECC in North Dakota would be $903.79 per home. On average, the annual energy savings per home would be $343.00, meaning the simple payback for homeowners would occur, on average, in 2.63 years. These estimates are conservative and represent the upper bound on incremental cost.

Resources

Incremental Cost Payback: North Dakota

posted by Mark Lessans
2010 Midwest Energy Codes Needs Analysis Report

posted by Eric Plunkett
North Dakota Fact Sheet

posted by Paul Karrer

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Advocacy Opportunities	Status	Explanations
Adopt Mandatory Codes		Residential North Dakota has a voluntary statewide residential code based on the 1993 MEC. Commercial North Dakota has a voluntary statewide commercial code based on ASHRAE/IESNA 90.1-1989.
Adopt an Automatic Review & Update Process		The state does not have a formal review schedule for energy codes; the last update was in October 1995.
Create a Regulatory Process		The North Dakota Department of Commerce is responsible for updating and amending the North Dakota energy code. Changes to the state energy code must first be processed through the North Dakota Division of Community Services, part of the Department of Commerce. Rules and regulations associated with a new code are established through the Administrative Practices Act. On April 22, 2009 North Dakota Governor John Hoeven signed SB 2352, removing the state's stand-alone building energy standards with the intent of folding new requirements into the state's suite of building codes. Effective in August,2009 the state's voluntary energy codes (the 1993 MEC and ASHRAE 90.1-1989) will be removed. With the new statute, the state's Code Advisory Committee must include energy requirements in the state building codes (currently, the 2006 I-Codes with the energy efficiency sections of Chapter 11 of the IRC and Chapter 13 of the IBC removed). These codes are still voluntary and subject to adoption by local ordinance.
Improve Compliance		Residential Compliance for state buildings is determined through plan review and inspection conducted by the agency constructing the building. REScheck may be used to demonstrate compliance. Commercial Compliance for state buildings is determined through plan review and inspection conducted by the agency constructing the building. COMcheck may be used to demonstrate compliance.
Add Strengthening Amendments
Allow Innovation at the Local Level		Jurisdictions can adopt codes by local ordinance.
Set Milestones
Adopt Green Codes

August 2009

Resources:

ICLEI - International Association of local Governments and their Associations
www.iclei.org
North Dakota has one local government member:
Grand Forks

Mayors Climate Protection Center
www.usmayors.org
One North Dakota Mayor has signed The U.S. Conference of Mayors’ Climate Protection Agreement:
(City)
Grand Forks

Western Governors’ Association
www.westgov.org
Governor John Hoeven is an active participant

International Codes Council (ICC) Regional and State Chapters:
Ms. Kathy Slawinski
ICC Chicago District Office
4051 West Flossmoor Road
Country Club Hills, IL 60478
Phone: 1-888-422-7233, Ext. 4319
KSlawinski@iccsafe.org

Mr. Patrick Coughlin
Regional Manager
4719 Black Swan Drive
Shawnee Mission, KS 66216-1234
Phone: 1-888-422-7233, Ext. 6273
PCoughlin@iccsafe.org

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