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.