North Dakota State

Building Code

Effective January 1, 2023

Department of Commerce
Division of Community Services
1600 East Century Avenue, Suite 6
PO Box 2057
Bismarck, ND 58502-2057
(701) 328-5300 Phone
(701) 328-2308 Fax

ALTERNATIVE FORMATS FOR DISABLED PERSONS

AVAILABLE UPON REQUEST
 TABLE OF CONTENTS

Section 1: Acknowledgments ...................................................................................................... 1

Section 2: Introduction… ............................................................................................................. 2

Section 3: History of the North Dakota Building Code................................................................ 3

Section 4: Current North Dakota State Building Code ............................................................... 4

Section 5: Requirement to Adopt the North Dakota State Building Code.................................. 6

Section 6: North Dakota Century Code Chapter 54-21.3-036…................................................ 7

Section 7: Scope of the State Building Code ............................................................................13

Section 8: How to Use the North Dakota State Building Code and the 2021
International Energy Conservation Code… ................................................................................ 14

Section 9: Chapter 1 of Each International Code and Fee Schedule ...................................... 15

Section 10: Identification of Amendments ................................................................................. 16

Section 11: 2021 International Residential Code Amendments ............................................... 19

Section 12: 2021 International Building Code Amendments..................................................... 37

Section 13: 2021 International Mechanical Code Amendments ............................................... 46

Section 14: 2021 International Fuel Gas Code Amendments................................................... 51

Section 15: 2021 International Energy Conservation Code Amendments ............................... 57

Section 16: 2021 International Existing Building Code Amendments ...................................... 60

Section 17: Americans with Disabilities Act Accessibility Guidelines (ADAAG) ...................... 62

Section 18: ADAAG Conformance Statement .......................................................................... 63

Section 19: Sample Ordinance to Adopt the State Building Code ........................................... 64

Section 20: Code Enforcing Jurisdictions in North Dakota....................................................... 65

Section 21: Administrative Rule (Article 108, Chapter 108-01) ................................................ 68

Section 22: Other Code Enforcing Programs of North Dakota................................................. 75

 ACKNOWLEDGMENTS
The updating of the North Dakota State Building Code would not have been possible without
the assistance of the Building Code Advisory Committee and the cities, counties, and
organizations that were deemed eligible under the Administrative Rule (Article 108-01) and
N.D.C.C. 54-21.3-03 were available to vote during the updating process. Their interest and
expertise have resulted in a state building code that not only consists of the most up-to-date
codes (the 2021 International Codes), but also reflects the needs and concerns of the
jurisdictions of the state in amendments to those codes.

BUILDING CODE ADVISORY COMMITTEE

(Members who participated)

Shawn Ouradnik
North Dakota Building Officials Association

Mitch Okeson
Society of Professional Engineers

Doug Nelson
State Fire Marshal's Office

Todd Johnson
North Dakota Building Officials Association

Eric Nelson
North Dakota Association of Mechanical Contractors

James Schmidt
State Electrical Board

Jared Jenson
North Dakota Chapter of the American Institute of Architects

John Gunkelman
North Dakota Association of Builders

Eric Brenden
Associated General Contractors of ND

Bruce Hagen
Department of Commerce

1
 INTRODUCTION
The purpose of this document is to identify the building and related codes and state
amendments to those codes that together make up the North Dakota State Building Code.
Also included in this document are a brief history of the state building code; information on
how to obtain copies of the six codes that make up the state building code; the state law
(N.D.C.C. 54-21.3) that provides for state building code; the American with Disabilities Act
Accessibility Guidelines (ADAAG) Conformance Statement; and a sample ordinance for local
adoption of the state building code.

2
 HISTORY OF THE NORTH DAKOTA STATE BUILDING CODE
In 1979, the 46th North Dakota Legislative Assembly created the North Dakota State Building
Code. At the same time, the Legislature amended N.D.C.C. Sections 11-33-01, 40-47-01, and
58-03-11 relating to the authority of cities, townships, and counties to zone to reflect
compliance with the state building code. The Legislature directed that the state building code
would consist of the Uniform Building Code published by the International Conference of
Building Officials. In 1985, the 49th Legislative Assembly added the Uniform Mechanical
Code, also published by the International Conference of Building Officials.

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. The Legislative Assembly also
directed in 1993, that effective August 1, 1994, any city, township, or county that elects to
administer and enforce a building code shall adopt and enforce the state building code.
However, the Legislative Assembly also provided for the ability for a city, county, or township
to amend the state building code to conform to local needs. The first Administrative Rule
(Article 4-08-01) for updating the state building code became effective December 1, 1994.

In 2001, the 57th Legislative Assembly amended N.D.C.C. 54-21.3-03, deleting the reference
to the Uniform Building Code and Uniform Mechanical Code because they were no longer
being published. In their place, the Legislative Assembly designated the International Building
Code, International Residential Code, International Mechanical Code, and International Fuel
Gas Code as the codes that would make up the state building code. The first version of these
codes to be adopted was the 2000 edition. The Legislative Assembly also 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.

In 2004 the Building Code Advisory Committee and the eligible local jurisdictions adopted the
2003 edition of the International Building Code, International Residential Code, International
Mechanical Code, and International Fuel Gas Code with amendments.

In 2007 the Building Code Advisory Committee and the eligible local jurisdictions adopted the
2006 edition of the International Building Code, International Residential Code, International
Mechanical Code, and International Fuel Gas Code with amendments.

In 2009 the Building Code Advisory Committee and the eligible local jurisdictions made
additional amendments to the State Building Codes.

3
In 2010 the Advisory Committee and eligible jurisdictions adopted the 2009 versions of the
IBC, IRC, IMC and IFGC with amendments. In addition, in accordance with the State
Legislature, the energy conservation provisions of the IBC (Chapter 13) and IRC (Chapter 11)
were retained with minor amendments.

In 2013 the Advisory Committee and eligible jurisdictions adopted the 2012 versions of the
IBC, IRC, IMC and IFGC with amendments. In addition, in accordance with the State
Legislature, the energy conservation provisions of the IBC (Chapter 13) and IRC (Chapter
11) were retained with minor amendments.

In 2016 the Advisory Committee and eligible jurisdictions adopted the 2015 versions of the
IBC, IRC, IMC, IFGC, and the 2015 IECC with amendments. In addition, in accordance
with the State Legislature, the energy conservation provisions of the IBC (Chapter 13) and
IRC (Chapter 11) were retained with minor amendments.

In 2019 the Advisory Committee and eligible jurisdictions adopted the 2018 versions of the
IBC, IRC, IMC, IFGC, IECC, and IEBC with amendments. In addition, in accordance with
the State Legislature, the energy conservation provisions of the IRC (Chapter 11) were
retained with minor amendments.

In 2022 the Advisory Committee and eligible jurisdictions adopted the 2021 versions of the
IBC, IRC, IMC, IFGC, IECC, and IEBC with amendments. In addition, in accordance with
the State Legislature, the energy conservation provisions of the IRC (Chapter 11) were
retained with minor amendments.

CURRENT NORTH DAKOTA STATE BUILDING CODE

Effective January 1, 2023, the North Dakota State Building Code consists of the 2021
International Building Code (IBC), International Residential Code (IRC), International
Mechanical Code (IMC), International Fuel Gas Code (IFGC), International Energy
Conservation Code, and the International Existing Building Code as published by the
International Code Council (ICC).

4
 NO APPENDICES ARE ADOPTED
Also note that the State Building Code does not include the International Property
Maintenance Code, or the International Fire Code. These codes, to be in effect, must be
adopted separately by each city, county, or township.

To obtain copies of these codes, contact:

International Code Council 4051 W Flossmoor Road
Country Club Hills, IL 60478-5771
[P] 1-888-ICC-SAFE (422-7233); [F] 1-800-214-7167

Additionally, the 2021 International Residential Code (IRC) is available from the North Dakota
State Library; it can be borrowed at no charge for up to four weeks.
North Dakota State Library 604 East Boulevard Avenue Bismarck, ND 58505
[P] 1-701-328-4622; [P] 1-800-472-2104

We encourage each city, township, and county that has elected or elects to enforce building
codes to contact the International Code Council to become a member. This will entitle the
jurisdiction to certain free publications, member rates for books and materials, and free
technical assistance.

5
 REQUIREMENT TO ADOPT THE
NORTH DAKOTA STATE BUILDING CODE

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.

State agencies are responsible for assuring that plans and specifications for alterations and
new construction of their buildings comply with the state building code, and that all work is
inspected for compliance with the state building code. Schools located in jurisdictions 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 comply with the state
building code.

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.

6
 NORTH DAKOTA CENTURY CODE CHAPTER 54-21.3
STATE BUILDING CODE

54-21.3-01. Purposes of Chapter. The purposes of this chapter are to:

1. Provide the citizens of this state with nationally recognized standards and requirements
for construction and construction materials.

2. Eliminate restrictive, obsolete, conflicting, and unnecessary construction regulations that

tend to increase construction costs unnecessarily or restrict the use of new materials,
products, or methods of construction or provide preferential treatment to types or classes
of materials or products or methods of construction.

3. Ensure adequate construction of buildings throughout the state and to adequately protect
the health, safety, and welfare of the people of this state.

54-21.3-02. Definitions. As used in this chapter, unless the context requires otherwise:

1. "Agricultural purposes" includes purposes related to agriculture, farming, ranching,

dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry
husbandry.

2. "Building" means a combination of any materials fixed to form a structure and the related
facilities for the use or occupancy by persons, or property. The word "building" shall be
construed as though followed by the words "or part or parts thereof".

3. "City" means any city organized under the laws of this state.

4. "Construction" means the construction, erection, reconstruction, alteration, conversion, or

repair of buildings.

5. "Jurisdictional area" means the area within which a city or township has zoning
jurisdiction.

6. "State building code" means the state building code provided for in this chapter.

7. "Temporary work camp housing" includes a modular residential structure used to house
workers on a temporary basis for a maximum period of five years.

8. "Code enforcement agency" means an agency of the state or local government with
authority to inspect buildings and enforce the law, ordinances, and regulations which
establish standards and requirements applicable to the construction, installation,
alteration, repair, or relocation of buildings.

7
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.

8
4. a. 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.

b. The state building code, plumbing code, electrical code, or an equivalent code adopted
by 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 adopted by
that jurisdiction.

54-21.3-04. Exemptions.

1. Except as specifically provided in this chapter, the following statewide codes are exempt
from this chapter:

a. The Standards for Electrical Wiring and Equipment, as contained in North Dakota
Administrative Code article 24-02.

b. The State Plumbing Code, as contained in North Dakota Administrative Code Article
62-03.

c. The State Fire Code, as contained in the rules of the state fire marshal as provided in
section 18-01-04.

2. The following buildings are exempt from this chapter:

a. Buildings which are neither heated nor cooled.

9
 b. Buildings used whose peak design rate of energy usage is less than one watt per
square foot [929.0304 square centimeters] or three and four-tenths British thermal
units an hour per square foot [929.0304 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.

3. Any building used for agricultural purposes, unless a place of human habitation
or for use by the public, is exempt from this chapter.

54-21.3-04.1. Accessibility Standards.

1. Notwithstanding section 54-21.3-04, every building or facility subject to the federal

Americans with Disabilities Act of 1990 [Pub. L. 101-336; 104 Stat. 327] must conform to
the 2010 Americans with Disabilities Act standards for accessible design as contained in
title 28, Code of Federal Regulations, parts 35 and 36 [28 CFR 35 and 36].

2. A state agency or the governing body of a political subdivision shall require from any
individual preparing plans and specifications for a building or facility subject to the
Americans with Disabilities Act of 1990 [Pub. L. 101-336; 104 Stat. 327], a statement that
the plans and specifications are, in the professional judgment of that individual, in
conformance with the Americans with Disabilities Act standards for accessible design as
provided under subsection 1. A statement of conformance must be submitted to the
department of commerce division of community services for recording.

3. After July 31, 2013, a newly designed and constructed building in excess of seven
thousand five hundred square feet [696.77 square meters] which is classified within the
state building code as assembly, business, educational, institutional, or mercantile
occupancy and required by the state building code to be accessible must include at the
primary exterior public entrance an automatic door or power-assisted manual door that
complies with the requirements of the Americans with Disabilities Act of 1990, revised
2010. If a multiple unit building does not have a primary exterior public entrance, an
individual unit within that building is not required to include an automatic door or power-
assisted manual door unless that individual unit is in excess of seven thousand five
hundred square feet [696.77 square meters].

54-21.3-04.2. Notice of Federal Accessibility Guidelines Required. A building permit

issued under section 11-33-18, subsection 6 of section 40-05-02, or other similar grant of
authority must contain the following statement:

Federal law may require this construction project to conform with the Americans with
Disabilities Act Accessibility Guidelines for Buildings and Facilities.

10
54-21.3-05. Enforcement of Code by City, Township, or County - Relinquishment. A city
or township may administer and enforce the state building code only within its jurisdictional
area.

A county may administer and enforce the state building code within those areas of the county
in which the state building code is not administered by a city or township. Cities and
townships may relinquish their authority to administer and enforce the state building code to
the county in which they are located in the manner provided by section 11-33-20. The
governing body of a city, township, or county electing to administer and enforce the state
building code may designate an enforcement agency. Cities, townships, and counties may
provide by agreement for joint administration and enforcement and may contract for private
enforcement of the state building code.

54-21.3-06. Continuing Education - Responsibility. Repealed by S.L. 1983, Ch. 511, § 8.

54-21.3-07. Modular Residential and Commercial Structures - Third-party Inspections -

Rules. The manufacturer of a modular residential or commercial structure that is built in a
factory shall contract with a third party for the inspection of the structure for compliance with
all applicable building, electrical, fire, and plumbing codes and standards during the
manufacturing process in the factory. A third party that conducts inspections and certifies
compliance with all applicable codes and standards must be approved as a certified third-
party inspector by the division of community services. The department of commerce shall
adopt rules for the certification of inspectors and for the procedures to be followed in
conducting inspections of modular residential and commercial structures. When a
manufacturer of modular residential or commercial structures contracts with a certified third-
party inspector to monitor compliance with all applicable building, electrical, fire, and
plumbing codes and standards for a modular residential or commercial structure, no further
inspection by state or local building, electrical, fire, or plumbing inspectors may be required
for that structure during the manufacturing process in the factory. This section does not apply
to a factory manufacturing fewer than two residential or commercial structures per year.

54-21.3-08. Adoption of an Installation Program - Penalty. The Department of Commerce

shall adopt rules establishing a manufactured home installation program for all manufactured
homes built in accordance with 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.]. The rules must establish minimum installation
standards. The rules may include standards, fees, and requirements for certification and
training of installers, inspections of installations, dispute resolution, penalties for
noncompliance, and costs of processing complaints. The standards do not apply to
manufactured homes installed before the original effective date of the rules. Manufactured
homes may be installed in accordance with either standards adopted in the rules or the
manufacturer's instructions. The rules must include provisions for the enforcement of these
standards. Any person who violates this section or any rule adopted under this section is
guilty of a class A misdemeanor.

54-21.3-09 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

11
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.

12
 SCOPE OF THE STATE BUILDING CODE
Administrative Rule Article 108, Chapter 108-01, provides for the following scope for the
state building code:

1. It supplements all laws defined within the North Dakota Century Code relating to
construction, alterations, improvements, and siting of buildings unless specifically
exempted.

2. It applies to all cities, townships, and counties that elect to adopt and enforce building
codes within their jurisdictional boundaries.

3. It applies to all state and local government buildings.

4. It applies to all public and private schools.

13
 HOW TO USE THE NORTH DAKOTA STATE BUILDING CODE

FIRST: You must obtain the 2021 editions of the IBC, IRC, IMC, IFGC, IECC, and the IEBC.
See page 4 for obtaining these codes.

SECOND: Wherever the International Plumbing Code and International Electrical Code are
referenced, you must substitute the reference with the North Dakota State Plumbing Code
and the Wiring Standards of North Dakota. Also note that the State Building Code does not
include the International Property Maintenance Code or the International Fire Code. These
codes, to be in effect, must be adopted separately by each city, county, or township.

THIRD: When using the IBC, IRC, IMC, IFGC, IECC, and IEBC you should first identify if a
section or chapter is amended by the state. State agencies, local governments, and schools
must use the state building code and may only use less restrictive code provisions contained
in the state amendments. Local jurisdictions may not impose more restrictive code provisions
on state buildings unless they are included in the state amendments.

FOURTH: In chapter 11 of the IRC you have the choice of meeting the 2021 IRC
requirements as amended or meeting the 2021 International Energy Conservation Code
(IECC) requirements as amended.

14
 CHAPTER 1 OF EACH
INTERNATIONAL CODE AND FEE SCHEDULE
Chapter 1 of each of the six International Codes that make up the state building code is
entitled Administration. The provisions in the Chapter provide for the administration and
enforcement of each code by the enforcing jurisdiction.

It is up to each jurisdiction that elects to adopt the building code, to determine how it
will administer and enforce the state building code.

One area no longer included in the International Codes is the suggested permit fee schedule.
For your reference, included on the next two pages is a sample of one of the jurisdictions fee
schedules.

15
 COMMERCilAIL BUILDING PERMIT .AND
PLAN REVIEW FEES

$500,000..00
$2476..5. 0 for the first $500,000.00 plus $4.20 for each
additional! $1,000.00 oriliracl!ion t!hereofto and including

$457'6.50 for tlhe first $1',000,000.00 plus $4.00 for each

additional! $1,000.00 oriliracl!ion tihereof

Demolition Permit: $100.00 I $40.00 for buildings under 400 SF and buildings
without utility services.
House Moving Permit: $300_00 I $40.00_fo:rbuildiings under 400 SF and buildings
without utility services $150_00 / $40_00 for moves wiU1in
extraterritorial area_
Board of Appeals: $150.00 filing fee
Plan Review: All projects when a pilan Twenty (20) percent of the attributable building permit fee.
review is required_ Minimum fee $40..

Other Inspections andl IFe,es:

1. . Inspections outside-of normal ousrnes.s17ours
(minimum charge -- two hours) $70.00 per hour"
2. Rein sp ecticm fees assessed un d er p ro viisi:o n s o f
Section 108 and 109 oflhe lntemati.onal Building Gode $70.00 per hom•
3. Inspections for which no fee is specifi:cally indicated
(mrnimum charge - one-n,alf hour), $70.00 per hour'
4_ Additional plan review requrredlby changes, ad ditions
1

or revision to plans (minimum clrn.rge - one-half hour) $70.00 per hour'

5. For use of outside consuiltanils for plan checking and
in sp ecrlio n s, o r o o til. Actual Cos-t
* Or the total' hourly cost to the jurisdiction, whichever is the greater. This oost shall! include
s.upeMsion, overhead, equipment 11ou:r1y wages and fringe benefits of U1e employees invo1;ved..
*"Actual costs include m:lmints:tr:a tiive and ovemeadl cost

ShoU!ld work be iin rior the issuance of necessa e:rmits, the followin
VALUATION OF WORIK FEE
$0-$50,000 Permiit fee is doubled
Second offence within 180 days - $200 rniniimum
$100 for each addiitiona'I viiolation subse uent
$50 001'-$500,000
Over $500 000

16
17
 IDENTIFICATION OF AMENDMENTS

This section presents the adopted state amendments to the 2021 editions of the International
Building Code, International Residential Code, International Mechanical Code, International
Fuel Gas Code, International Energy Conservation Code, and the International Existing
Building Code. These amendments were approved through the voting procedures in Article
108- 01 of the North Dakota Administrative Code on September 7, 2022. The amendments to
each code are presented separately, with each Chapter and section containing an
amendment highlighted in bold letters and numbers. The type of amendment made to the
section, table, or figure is indicated by the terms revise, add, or delete underneath the
section, table, or figure number. Wherever a new section is added, the notice to add appears
in bold letters above the new section designation. The following describes what each
designation means:

• Revise - indicates that a chapter, section, table, or figure has been changed due to a
deletion or substitution. Substituted language or specifications are underlined, and
new tables or figures are identified

• Add - indicates new language or specifications have been added, without changing
existing language or specifications. Additions are underlined.

• Delete - indicates complete deletion of a chapter, section, table, or figure or

reassignment as an Appendix.

18
 AMENDMENTS FOR THE
2021 INTERNATIONAL RESIDENTIAL CODE

NOTE: Wherever the International Plumbing Code and International Electrical Code
referenced, substitute the reference with the North Dakota State Plumbing
Code and Wiring Standards of North Dakota.

CHAPTER 1
SCOPE AND ADMINISTRATION

Section R101.1 Title.

Revise as follows:

R l 0 l .1 Title. These provisions shall be known as the Residential Code for One- and
Two-family Dwellings of the local jurisdiction and shall be cited as such and will be referred to
herein as "this code."

Section R104.8 Liability.

Revise as follows:

Section R104.8 Liability. The building official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered civilly or criminally liable personally and is hereby
relieved from personal liability for any damage accruing to persons or property as a result of
any act or by reason of an act or omission in the discharge of official duties.

This code shall not be construed to relieve from or lessen the responsibility of any person
owning, operating, or controlling any building or structure for any damages to persons or
property caused by defects, nor shall the code enforcement agency or the city be held as
assuming any such liability by reason of the inspection authorized by this code or any permits
or certificates issued under this code.

Section R104.8.1 Legal Defense.

Revise as follows:

Section R104.8.1 Legal defense. Any suit or criminal complaint instituted against an officer or
employee because of an act or omission performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be afforded all the immunities
and defenses provided by other applicable local, state or federal laws. The building official or
any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code.

19
Section R105.2 Work Exempt from Permit.

Revise as follows:

Section RI05.2 Work exempt from permit. Exemption from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in violation
of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall
not be required for the following:

Building:
1. One-story detached accessory structures provided the floor area does not exceed 120
square feet.

2. Fences not over 8.5 feet high.

7. Swimming pools.

9. Window awnings supported by an exterior wall that do not require additional support.

10. Decks not exceeding 120 square feet in area, that are not more than 7 inches above
grade at any point, are not attached to a dwelling and do not serve the exit door
required by Section R311.4.

CHAPTER 2
DEFINITIONS

Section R201.3 Terms Defined in Other Codes.

Revise as follows:

Section R201.3 Where terms are not defined in this code such terms shall have meanings
ascribed to them as in other code publications of the International Code Council. Whenever
electrical or plumbing codes are referenced by the International Code Council (ICC) in the
International Building Code, International Residential Code, International Mechanical Code,
International Fuel Gas Code, International Energy Conservation Code, International Existing
Building Code, it shall mean the most recent versions of the National Electrical Code and the
North Dakota State Wiring Standards adopted by the North Dakota State Electrical Board
and the most recent versions of the Uniform Plumbing Code and the Laws, Rules and
Plumbing Installation Standards of North Dakota adopted by the North Dakota State
Plumbing Board. Wherever reference is made to flood plain requirements, it shall mean the
local flood plain management ordinance.

20
 CHAPTER 3
BUILDING PLANNING
Section R302.3 Two-family Dwellings.

Dwelling units in two-family dwellings shall be separated from each other by wall and floor
assemblies having not less than a 1-hour fire-resistance rating were tested in accordance
with ASTM E119, UL 263 or Section 703.2.2 of the International Building Code. Fire-
resistance-rated floor/ceiling and wall assemblies shall extend to and be tight against the
exterior wall, and wall assemblies shall extend from the foundation to the underside of the
roof sheathing.

Exceptions:
1. A fire-resistance rating of 1/2 hour shall be permitted in buildings equipped throughout
with an automatic sprinkler system installed in accordance with Section P2904.

2. Wall assemblies need not extend through attic spaces where the ceiling is protected by
not less than 5/8-inch (15.9 mm) Type X gypsum board, an attic draft stop constructed
as specified in Section R302.12.l is provided above and along the wall assembly
separating the dwellings and the structural framing supporting the ceiling is protected by
not less than 1/2-inch (12.7 mm) gypsum board or equivalent.

Section R302.3.2 Property Line Separation.

Where dwelling units within a two-family dwelling are separated by a property line, the walls
separating dwelling units shall be constructed in accordance with Section R302.2.1 or
R302.2.2 and shall comply with sections 302.2.3 through R302.2.6, as applicable.

Section R302.5.1 Opening Protection.

Revise as follows:

Section R302.5.1 Opening Protection. Openings from a private garage directly into a room
used for sleeping purposes shall not be permitted. Other openings between the garage and
residence shall be equipped with solid wood doors not less than 1⅜ inches (35 mm) in
thickness, solid or honeycomb-core steel doors not less than 1⅜ inches (35 mm) thick, or 20-
minute fire-rated doors.

Section R303.4 Mechanical Ventilation.

Section R303.4 is hereby deleted in its entirety.

Section R307.1 Space required.

Revise as follows:

Section R307.1 Space required. Fixtures shall be spaced in accordance with the requirements
of North Dakota State Plumbing Code and per Figure R307.1, with the exception of the
clearance in front of water closets and bidets which shall be at least 24 inches.

21
Section R310.2.2 Window Sill Height.

Revise as follows:

Section R310.2.2 Window sill height. Where a window is provided as the emergency escape
and rescue opening, it shall have a sill height of not more than 44 inches (1118 mm) above
the floor; where the sill height is below grade it shall be provided with a window well in
accordance with Section R310.2.3. Sill height shall be measured from the finished floor to the
bottom of the clear opening.

Exception: Below grade emergency escape and rescue windows may have a maximum sill
height of 48 inches.

Section R310.4.2 Ladder and Steps.

Revise as follows:

Section R310.4.2 Ladder and steps. Window wells with a vertical depth greater than 44
inches (1118 mm) shall be equipped with a permanently affixed ladder or steps usable with
the window in the fully open position or shall be equipped with a permanently-attached
platform at least 30 inches by 16 inches. The maximum distance between the top of the
window well and a platform shall be 42 inches and shall not impede the operation of the
window. Ladders or steps required by this section shall not be required to comply with
Sections R311.7 and R311.8. Ladders or rungs shall have an inside width of at least 12
inches (305 mm), shall project at least 3 inches (76 mm) from the wall and shall be spaced
not more than 18 inches (457 mm) on center vertically for the full height of the window well.

Exception: Terraced window wells with a maximum of 24 inches per vertical rise and
minimum of 12 inches per horizontal projection on each level shall also be allowed.

Section R311.3 Floors and Landings at Exterior Doors. ***

Revise as follows: Section R311.3

Exceptions:
1. Exterior balconies less than 60 square feet (5.6 m²) and only accessible from a door are
permitted to have a landing less than 36 inches (914 mm) measured in the direction of
travel.

2. A landing is not required on the outside of exterior doors other than the required egress
door, where a stairway with a total rise of less than 30 inches (762 mm) is located on
the exterior side of the door, provided the door does not swing over the stairway.

22
Section R311.3.1 Floor Elevations at The Required Egress Door.

Revise as follows:

Section R311.3.1 Floor elevations at the required egress door. Landings or finished floors at
the required egress door shall not be more than 1½ inches (38 mm) lower than the top of the
threshold.

Exception: The landing or floor on the exterior side shall not be more than 8 inches below the
top of the threshold provided the door does not swing over the landing or floor.

Where exterior landings or floors serving the required egress door are not at grade, they shall
be provided with access to grade by means of a ramp in accordance with Section R3 l l.8 or a
stairway in accordance with Section R3 l 1.7.

Section R311.3.2 Floor Elevations for Other Exterior Doors.

Revise as follows:

Section R311.3.2 Floor elevations for other exterior doors. Doors other than the required
egress door shall be provided with landings or floors not more than 8 inches below the top of
the threshold.

Exception: A landing is not required where a stairway with a total rise of less than 30 inches
(762 mm) is located on the exterior side of the door, provided the door does not swing over
the stairway.

Section R311.7.5.1 Riser Height.

Revise as follows:

Section R311.7.5.1 Riser height. The riser height shall not be more than 8 inches.

Section R311.7.5.2 Tread Depth.

Revise as follows:

Section R311.7.5.2 Tread depth. The minimum tread depth shall be 9 inches. The tread
depth shall be measured horizontally between the vertical planes of the foremost projection of
adjacent treads and at a right angle to the tread’s leading edge. The greatest tread depth
within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).

Exception: Where a landing is not provided or required by section R311.3, R311.3.2 or

R311.7.6, the top tread of a stair serving exterior doors other than the required exit door, and
in-swinging doors opening into an attached garage, shall be permitted to exceed the smallest
tread by more than 3/8 inch (9.5mm). Such a tread shall be at least 18 inches (457mm)
measured in the direction of travel.

23
Section R311.7.5.2.1 Winder Treads.

Revise as follows:

Section R311.7.5.2.1 Winder treads. Winder treads shall have a minimum tread depth
of 9 inches measured between the vertical planes of the fore most projection of
adjacent treads at the intersections with the walk line.

Section R311.7.6 Landings for Stairways.

Revise as follows:

Section R311.7.6 Landings for stairways. There shall be a floor or landing at the top and
bottom of each stairway.

Exceptions:
1. A floor or landing is not required at the top of an interior flight of stairs, including stairs
in an enclosed garage, provided a door does not swing over the stairs.

2. A landing is not required at the top of an interior flight of stairs with a total rise of less
than 30 inches, provided the door does not swing over the stairway.

Section R312.1.1 Where Required.

Revise as follows:

Section R312.1.1 Where Required: Guards shall be provided for those portions of open-sided
walking surfaces, stairs, ramps and landings that are located more than 30 inches (762 mm)
measured vertically to the floor or grade below. Insect screening shall not be considered as a
guard.

Section R313.1.1 Design and Installation.

R3l3.1.1 Design and installation. Automatic residential fire sprinkler systems for townhouses
shall be designed and installed in accordance with NFPA 13D, NFPA l3R or NFPA 13.

Section R315.3 Location.

Revise as follows:

Section R315.3 Location. Carbon monoxide alarms in dwelling units shall be installed outside
of each separate sleeping area in the immediate vicinity of the bedrooms. A minimum of one
carbon monoxide alarm shall also be installed on each level of the dwelling unit. Where a fuel
burning appliance is located within a bedroom or its attached bathroom, a carbon monoxide
alarm shall be installed within the bedroom.

Section 327 Swimming Pools, Spas, and Hot Tubs.

Section 327 Swimming Pools, Spas, and Hot Tubs is hereby deleted in its entirety.

24
 CHAPTER 4
FOUNDATIONS
R401.3 Drainage.

Revise as follows:
R401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other
approved point of collection. Lots shall be graded to drain surface water away from
foundation walls.

Section R403.1

Section R403.1 General. All exterior walls shall be supported on continuous solid or fully
grouted masonry or concrete footings, crushed stone footings, wood foundations, or other
approved structural systems that shall be of sufficient design to accommodate all loads
according to Section R301 and to transmit the resulting loads to the soil within the limitations
as determined from the character of the soil. Footings shall be supported on undisturbed
natural soils or engineered fill. Concrete footing shall be designed and constructed in
accordance with the provisions of Section R403 or in accordance with ACI 332. There shall
be a concrete encased rebar stubbed out near the electrical service for grounding of the
electrical system located within the foundation or footing as per the requirements of the most
recently adopted version of the National Electrical Code and the North Dakota Stale Wiring
Standards. Coordinate with the Electrical Contractor.

Section R403.1.4.1 Frost Protection

Revise as follows:

Section R403.1.4.1

Exceptions:
1. Protection of freestanding accessory structures of light framed
construction shall not be required.

2. Protection of freestanding accessory structures with an area of 400 square

feet or less, of other than light-framed construction shall not be required.

3. Decks need not be provided with footings that extend below the frost line.

Section R404.1 Concrete and Masonry Foundation Walls.

Section R404.1 Concrete and masonry foundation walls. Concrete foundation walls shall
be selected and constructed in accordance with the provisions of Section R404.l .3.
Masonry foundation walls shall be selected and constructed in accordance with the
provisions of Section R404. l .2. There shall be a concrete encased rebar stubbed out
near the electrical service for grounding of the electrical system located within the
foundation or footing as per the requirements of the most recently adopted version of
National Electrical Code and the North Dakota State Wiring Standards. Coordinate with
the electrical contractor.
25
Figure R404.1.2 (1)

Add as follows:

FIGURE R404.1.2 (1) referred to in Section 404.1.2

Figure R404.1.2 (1)

26
FIGURE R404.1.2(2), referred to in Section 404.1.2

Add as follows:

FIGURE R404.1.2(2)

27
Table R404.1.2 (10)

Add as follows:
Table R404.1.2(10)
Foundation Wall
Reinforcing Active
Pressure = 45pcf
Minimum Reinforcement for Concrete
Foundation Walls
Wall Height (h) Wall Thickness Vertical
feet (t) inches Reinforcing
8 8 #4 @ 24” o.c.
#5 @ 40” o.c.

10 #4 @ 30” o.c.
#5 @ 50” o.c.

9 8 #4 @ 18” o.c.
#5 @ 28” o.c.

10 #4 @ 24” o.c.
#5 @ 36” o.c.

10 10 #4 @ 16” o.c.
#5 @ 26” o.c.

Notes:
1. Chart is based on an active soil pressure of 45 pounds per cubic foot (pcf).

2. Reinforcing steel shall be ASTM A615 Fy – 60,000 pounds per square inch (psi).

3. The vertical reinforcing bars are to be located on the inside face.

4. Minimum concrete strength Fc 1 = 3,000 pounds per square inch (psi).

5. Backfill shall not be placed until first floor framing and sheathing is installed and
fastened or adequately braced and the concrete floor slab is in place, or the wall
is adequately braced.

28
Table R404.1.2(11)
Add as follows:
Table R404.1.2(11)
Foundation Wall Reinforcing
Active Pressure = 65 pcf
Minimum Reinforcement for Concrete Foundation Walls

Wall Height (h) Wall Thickness (t) Vertical Reinforcing

Feet inches
8 8 #4 @ 18” o.c.
#5 @ 26” o.c.
#6 @ 40” o.c.
10 #4 @ 24” o.c.
#5 @ 36” o.c.
#6 @ 52” o.c.
9 8 #4 @ 12” o.c.
#5 @ 18” o.c.
#6 @ 26” o.c.
10 #4 @ 16” o.c.
#5 @ 24” o.c.
#6 @ 36” o.c.
10 10 #4 @ 12” o.c.
#5 @ 18” o.c.
#6 @ 24” o.c.

Notes:

1. Chart is based on an active soil pressure of 65 pounds per cubic foot (pcf).

2. Reinforcing steel shall be ASTM A615 Fy – 60,000 pounds per square inch (psi).

3. The vertical reinforcing bars are to be located on the inside face.

4. Minimum concrete strength Fc 1 = 3,000 pounds per square inch (psi).

5. Backfill shall not be placed until first floor framing and sheathing is installed and
fastened or adequately braced and the concrete floor slab is in place or the wall
is adequately braced.

29
Section R404.1.3.2 Reinforcement for Foundation Walls.

Revise as follows:

Section R404.1.3.2 Reinforcement for foundation walls. Concrete foundation walls shall
be laterally supported at the top and bottom. Horizontal reinforcement shall be provided
in accordance with Table R404.1.2(1). Vertical reinforcement shall be provided in
accordance with Table R404.1.2(2), R404.1.2(3), R404.1.2(4), R404.1.2(5), R404.1.2(6),
R404.1.2(7), or R404.1.2(8)., or Table R404.1.2(10) and Figure R404.1.2(1) or Table
R404.1.2(11) and Figure R404.1.2(2). Vertical reinforcement for flat basement walls
retaining 4 feet (1219 mm) or more of unbalanced backfill is permitted to be determined in
accordance with Table R404.1.2(9). For basement walls supporting above-grade
concrete walls, vertical reinforcement shall be the greater of that required by Tables
R404.1.2(2) through R404.1.2(8) or by Section R611.6 for the above-grade wall. In
Buildings assigned to Seismic Design Category D0, D1, or D2, concrete foundation walls
shall also comply with Section R404.1.4.2.

CHAPTER 5
FLOORS
Section R507.3 Footings.

Section R507.3 is hereby deleted in its

entirety.

CHAPTER 6
WALL CONSTRUCTION
Section R602.7.2 Rim Board Headers.

Revise as follows:

Section R602.7.2 Rim board headers. Rim board header size, material and span shall be in
accordance with Table R602.7(1). Rim board headers shall be constructed in accordance
with Figure R602.7.2 and shall be supported at each end by full-height studs. Rim board
headers supporting concentrated loads shall be designed in accordance with accepted
engineering practice.

Section R602.7.5 Supports for Headers.

Revise as follows:

Section R602.7.5 Supports for headers. Headers shall be supported on each end with one or
more jack studs or with approved framing anchors in accordance with Table R602.7(1) or
R602.7(2). The full-height stud adjacent to each end of the header shall be end nailed to
each end of the header with four-16d nails (3.5 inches × 0.135 inches).

30
 CHAPTER 11
ENERGY EFFICIENCY

Table N1102.1.2 (R402.1.2) Equivalent U-Factors

Revise as follows:

Climate Zone ### Frame Wall U-Factor ### Basement Wall U-

Factor
6 ### 0.057 ### 0.059

7 and 8 ### 0.057 ### 0.059

(Balance of table remains the same)

Table N1102.1.3 (R402.1.3) Insulation Minimum R-Values and Fenestration

Requirements by Components

Revise as follows:
Change Ceiling R-Value column to 49 for climate zones 6, 7, and 8

Change Frame Wood Wall R-Value column to 21 or 13 + Sci for climate zones 6, 7, and 8

Change Basement Wall R-Value column to 10 ci/13

Section N1102.4 (R402.4) Air Leakage (Mandatory).

Revise as follows:

Section N1102.4 (R402.4) Air leakage (Mandatory). The building thermal

envelope shall be constructed to limit air leakage in accordance with the
requirements of Section R402.4.1 through R402.4.4.

Exception: Dwelling units of R-2 Occupancies and multiple single-family

dwellings shall be permitted to comply with IECC Section C402.5.

Section N1102.4.1.2 (R402.4.1.2) Testing.

Revise the first sentence as follows:

Section N1102.4.1.2 (R402.4.1.2) Testing. The building or dwelling unit shall be tested for
air leakage or visual inspection to be completed.

31
Section N1102.4.1.4 (R402.4.1.4) Visual Inspection Option.

Add as follows:

Section N1102.4.1.4 (R402.4.1.4) Visual Inspection Option. Building envelope tightness and
insulation shall be considered acceptable when installed in accordance with Table
N1102.4.1.1 (R402.4.1.1) - "Air Barrier and Insulation" and has been field verified.

Section N1103.3.7 (R403.3.7) Building Cavities (Mandatory).

Revise as follows:

Section N1103.3.7 (R403.3.7) Building Cavities (Mandatory). Building framing cavities shall
not be used as supply ducts.

Section N1103.6 (R403.6) Mechanical Ventilation (Mandatory).

Revise as follows:

Section N1103.6 (R403.6) Mechanical Ventilation (Mandatory) Change the title of the section
to Section N1103.6 (R403.6) Ventilation (Mandatory)

Table N1105.4.2(1) [R405.4.2(1)] Specifications for the Standard Reference and

Proposed Design.

Revise as follows:

Specifications for the Standard Reference and Proposed Design

Building Component Standard Reference Design Proposed Design

Air exchange rate Air leakage rate of 5 air changes For residences that are not tested,
per hour in Climate Zones 1 the same air leakage rate as the
through 8 at a pressure of 0.2 standard reference design. For tested
inches w.g (50 Pa). (Balance is residences, the measured air
unchanged.) exchange rate.
The mechanical ventilation rated shall
be in addition to the air leakage rate
and shall be as proposed.

32
 CHAPTER 14
HEATING AND COOLING EQUIPMENT AND APPLIANCES

Section M1402.1 General.

Revise as follows:

Section M1402.1 General. Oil-fired central furnaces shall conform to ANSI/UL 727. Electric
furnaces shall conform to UL 1995 or UL/CSA 60335-2-40.

Section M1403.1 Heat Pumps.

Revise as follows:

Section M1403.1. Heat Pumps. Electric Heat pumps shall be listed and labeled in accordance
with UL 1995 or or UL/CSA 60335-2-40.

Section M1412.1 Approval of Equipment.

Revise as follows:

Section M1412.1. Approval of Equipment. Absorption systems shall be installed in

accordance with the manufacturer’s instructions. Absorption equipment shall comply with UL
1995 or UL/CSA 60335-2-40.

Section M1413.1 General.

Revise as follows:

Section M1413.1 General. Evaporative cooling equipment and appliances shall comply with
UL 1995 or UL/CSA 60335-2-40 and shall be installed:

CHAPTER 15
EXHAUST SYSTEMS
Section M1502.4.2 Duct Installation.

Revise as follows:

Section M1502.4.2 Duct Installation. Exhaust ducts shall be supported at intervals not to
exceed 4 feet (1219.2 mm) and shall be secured in place. The insert end of the duct shall
extend into the adjoining duct or fitting in the direction of airflow. Exhaust duct joints may be
mechanically fastened. Ducts shall not be joined with screws. Where dryer exhaust ducts are
enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without
deformation.

33
 CHAPTER 20
BOILERS AND WATER HEATERS
Section M2005.1 General.

Revise as follows:

Section M2005.1 General. Water heaters shall be installed in accordance with the North
Dakota State Plumbing Code, the manufacturer's instructions and the requirements of this
code.

Section M2006.1 General.

Revise as follows:

Section 2006.1 General. Pool and spa heaters shall be installed in accordance with the
manufacturer’s installation instructions. Oil-fired pool heaters shall comply with UL 726.
Electric pool and spa heaters shall comply with UL 1261. Pool and spa heat pump water
heaters shall comply with UL 1995, UL/CSA 60335-2-40 or CSA C22.2 No. 236.

Exception: Portable residential spas and portable residential exercise spas shall comply with
UL 1563 or CSA C22.2 No. 218.1.

CHAPTER 21
HYDRONIC PIPING
Section M2101.3 Protection of Potable Water.

Revise as follows:

Section M2101.3 Protection of potable water. The potable water system shall be protected
from backflow in accordance with the provisions listed in the North Dakota State Plumbing
Code.

Section M2101.10 Tests.

Revise as follows:

Section M2101.10 Tests. New hydronic piping shall be isolated and tested hydrostatically at a
pressure of not less than 100-pounds per square inch (psi) (689 kPa). The duration of each test
shall be not less than 15 minutes and not more than 20 minutes.

34
Section M2103.3 Piping Joints.

Revise as follows:

Section M2103.3 Piping Joints. Item 2: Copper tubing shall be joined by brazing complying
with the North Dakota State Plumbing Code.

CHAPTER 24
FUEL GAS

Section G2407.11 (304.11) Combustion Air Ducts.

Revise as follows:

Section G2407.11 (304.11) Combustion air ducts

5. Ducts shall not terminate in an attic space.

Section G2425.12 (501.12) Residential and Low-heat Appliances Flue Lining Systems.

Revise as follows:

Section G2425.12 (501.12) Flue lining systems for use with residential-type and low-heat
appliances shall be limited to the following:

1. Clay flue lining complying with the requirements of ASTM C 315 or equivalent when each
appliance connected into the masonry chimney has a minimum input rating greater than
400,000 Btu/h. Clay flue lining shall be installed in accordance with Chapter10.

2. Listed chimney liner systems complying with UL 1777.

3. Other approved materials that will resist, without cracking, softening, or corrosion, flue
gases and condensate at temperatures up to 1800 F (982 C).

a. Aluminum (1100 or 3003 alloy or equivalent) not less than 0.032 inches thick up to 8
inches in diameter.

b. Stainless steel (304 or 430 alloy or equivalent) not less than 26 gauge (0.018 inches
thick) to 8 inches in diameter or not less than 24 gauge (0.024 inches thick) 8 inches in
diameter and larger.

When a metal liner is used other than a listed chimney liner a condensation drip tee shall be
installed and supported in an approved manner.

35
Section G2442.4 (618.4) Screen.

Revise as follows:

Section G2442.5 (618.4) Required outdoor air inlets shall be covered with a screen having ¼
inch (6.4 mm) openings. Required outdoor air inlets serving a nonresidential portion of a
building shall be covered with screen having openings larger than ¼ inch (6.4 mm) and not
larger than ½ inch.

CHAPTER 44
REFERENCED STANDARDS
ANCE – Delete this section in its entirety.

CSA – Revise as follows:

CSA C22.2 No. 60335-2-40 2019: Safety of Household and Similar Electrical
Appliances, Part 2-40: Particular Requirements for Electric Heat Pumps, Air-
Conditioners and Dehumidifiers
M1402.1,M1403.1, M1412.1, M1413.1, M2006.1

UL – Revise as follow:

UL 60335-2-40—2019: Standard for Household and Similar Electrical Appliances, Part

2-40: Particular Requirements for Electric Heat Pumps, Air-Conditioners and
Dehumidifiers
M1402.1, M1403.1, M1412.1, M1413.1, M2006.1

36
 AMENDMENTS FOR THE
2021 INTERNATIONAL BUILDING CODE

CHAPTER 1
SCOPE AND ADMINISTRATION
Section 101.4.3 Plumbing.

Revise as follows:

Section 101.4.3 The provisions of the North Dakota State Plumbing Code shall apply to the
installation, alteration, repair and replacement of plumbing systems, including equipment,
appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage
system. The provisions of the North Dakota State Plumbing Code shall apply to private
sewage disposal systems.

Section 104.8 Liability.

Revise as follows:

Section 104.8 The building official, member of the board of appeals or employee charged with
the enforcement of this code, while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by this code or other pertinent law or ordinance, shall
not thereby be rendered liable personally and is here by relieved from personal liability for
any damage accruing to persons or property as a result of any act or by reason of an act or
omission in the discharge of official duties. Any suit instituted against an officer or employee
because of an act or omission performed by that officer or employee in the lawful discharge
of duties and under the provisions of this code shall be afforded all the protection provided by
the jurisdiction’s insurance pool and immunities and defenses provided by other applicable
state and federal laws and shall be defended by legal representative of the jurisdiction until
the final termination of the proceedings. The building official or any subordinate shall not be
liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions
of this code.

Section 105.2 Work Exempt from Permit.

Revise as follows:

Section 105.2 Work exempt from permit…….

Building…
2. Fences not over 8.5 feet high.
6. Sidewalks and driveways
11. Swings and other playground equipment
12. Window awnings
14. Reroofing

37
Section 107.3.1 Approval of Construction Documents.

Revise as follows:

Section 107.3.1 When the building official …One set of construction documents so reviewed
shall be retained by the Building Official.

Section 109.2 Schedule of Permit Fees.

Revise as follows:
Section 109.2 On buildings, structures, electrical, gas, mechanical, and plumbing systems or
alterations requiring a permit, a fee for each permit and plan review shall be paid as required,
in accordance with the schedule as established by the local jurisdiction. The plan review fees
specified in this subsection are separate from, and in addition to, permit fees.

CHAPTER 2
DEFINITIONS

Section 201.3 Terms Defined in Other Codes.

Revise as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code such
terms shall have meanings ascribed to them as in other code publications of the International
Code Council. Whenever electrical or plumbing codes are referenced by the International
Code Council (ICC) in the International Building Code, International Residential Code,
International Mechanical Code, International Fuel Gas Code, International Energy
Conservation Code, International Existing Building Code, it shall mean the most recent
versions of the National Electrical Code and the North Dakota State Wiring Standards
adopted by the North Dakota State Electrical Board and the most recent versions of the
Uniform Plumbing Code and the Laws, Rules and Plumbing Installation Standards of North
Dakota adopted by the North Dakota State Plumbing Board.

CHAPTER 3
USE AND OCCUPANCY CLASSIFICATION
Section 305.2 Group E, Day Care Facilities.

Revise as follows:

305.2 Group E, day care facilities. This group includes buildings and structures, or portions
thereof occupied by more than twelve children older than 2 ½ years of age who receive
educational supervision or personal care services for fewer than 24 hours per day.

38
Section 305.2.2 Twelve or Fewer Children.

Revise as follows:

305.2.2 Twelve or fewer children. A facility having twelve or fewer receiving such day care shall be
classified as part of the primary occupancy.

Section 305.2.3 Twelve or Fewer Children in a Dwelling Unit.

Revise as follows:

305.2.3 Twelve or fewer children in a dwelling unit. A facility such as the above within a dwelling
unit and having twelve or fewer children receiving such day care shall be classified as a
Group R-3 occupancy or shall comply with the International Residential Code.

Section 308.5 Institutional Group I-4, Day Care Facilities.

308.5 Institutional Group I-4, day care facilities. " ... occupied by more than twelve persons of
any age........."

Section 308.5.1 Classification as Group E.

308.5.1 Classification as Group E. " ........... provides care for more than twelve but not more
than 100 children......................................... "

Section 308.5.3. Twelve or Fewer Persons Receiving Care.

308.5.3 Twelve or fewer persons receiving care. A facility having twelve or fewer persons
receiving custodial care shall be classified as part of the primary occupancy.

Section 308.5.4 Twelve or Fewer Persons Receiving Care in a Dwelling Unit.

308.5.4 Twelve or fewer persons receiving care in a dwelling unit. A facility such as the above
within a dwelling unit having twelve or fewer persons receiving custodial care shall be
classified as a Group R-3 occupancy or shall comply with the International Residential Code.

CHAPTER 4
SPECIAL DETAILED REQUIREMENTS
BASED ON USE AND OCCUPANCY

Section 406.3.2.1 Dwelling Unit Separation.

Revise as follows:

Section 406.3.2.1 Dwelling unit separation. The private garage shall be separated from the
dwelling unit and its attic area by means of gypsum board, not less than ½ inch (12.7 mm) in
thickness, applied to the garage side. Garages beneath habitable rooms shall be separated

39
from all habitable rooms above by not less than a 5/8-inch (15.9 mm) Type X gypsum board or
equivalent and 5/8-inch (15.875 mm) gypsum board applied to structures supporting the
separation from habitable rooms above the garage. Door openings between a private garage
and the dwelling unit shall be equipped with either solid wood doors or solid or honeycomb
core steel doors not less than 1 3/8 inches (34.9 mm) in thickness, or doors in compliance
with Section 716.2.2.1 with a fire protection rating of not less than 20 minutes.

CHAPTER 7
FIRE AND SMOKE PROTECTION FEATURES

Section 706.6 Vertical Continuity.

Revise as follows:

Section 706.6 is hereby amended to add #7 to read:

7. Fire walls installed within detached structures of Group U or Group S-2 occupancies may
terminate at the underside of the roof sheathing provided such walls are not required to be
fire- resistive construction due to proximity to property lines.

CHAPTER 9
FIRE PROTECTION SYSTEMS
This chapter should also contain this law from the North Dakota Century Code (54-21.3-03):

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.

Section 903.3.1.1 NFPA 13 Sprinkler Systems.

Add as follows:

Section 903.3.1.1 is hereby amended by adding a second paragraph to read as follows:

Sprinkler heads in unoccupied mall tenant spaces may be installed at ceiling height if allowed
by the code official. Permission will be granted on an individual basis. Combustible storage
shall not be allowed in these unoccupied tenant spaces if sprinkler heads are installed at
ceiling height. Signage shall be provided outlining the storage restrictions.

Section 905.1 Standpipe Systems.

Add as follows:

Section 905.1 Exception: The installation of fire hose on standpipes may be omitted when
approved by the fire code official. Approved standpipe hose valves and connection shall be
provided where required.

40
Section 907.2.3 Group E.

Revise as follows:

Section 907.2.3 Group E. A manual fire alarm system that initiates the occupant notification
signal utilizing an emergency voice/alarm communication system meeting the requirements of

Section 907.5.2.2 and installed in accordance with Section 907.6 shall be installed in Group E
occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems
or detectors shall be connected to the building fire alarm system. Where approved by the fire
code official, a building's emergency communication system interfaced with the fire alarm
system in accordance with NFPA 72 is acceptable.

Section 907.2.11.2 Groups R-2, R-3, R-4 and I-1.

Section 907.2.11.2 is hereby amended to add paragraph number 4 to read as follows:

4. In dwelling units where the ceiling height of a room open to the hallway serving the sleeping
rooms exceeds that of the hallway by 24 inches (610 mm) or more, smoke detectors shall
be installed in the hallway and the in the adjacent room.

CHAPTER 10
MEANS OF EGRESS

Section 1011.1 General.

Revise as follows:
Section 1011.1:

Exception 2. Stairways used only to attend equipment or private stairways serving an

occupant load of 10 or fewer persons and which are not accessible to the public need not
comply with sections 1011.2 through 1011.13.

Section 1011.2 Width and Capacity.

Add as follows:

Section 1011.2: Exception 4. Stairways used only to attend equipment or private stairways
serving an occupant load of 10 or fewer persons and which are not accessible to the public.

Section 1011.5.2 Riser Height and Tread Depth.

Revise Exception 3 and add Exception 6 as follows:

41
Section 1011.5.2: 3. In Group R-3 occupancies; within dwelling units in Group R-2
occupancies; and in Group U occupancies that are accessory to a Group R-3 occupancy or
accessory to individual dwelling units in Group R-2 occupancies; the maximum riser height
shall be 8 inches; the minimum tread depth shall be 9 inches; the minimum tread depth at the
walkline shall be 10 inches (254 mm); …

6. Stairways used only to attend equipment or private stairways serving an occupant load of
10 or fewer persons and which are not accessible to the public are permitted to have a
maximum 8 inch riser height and minimum 9 inch tread depth.

Section 1011.11 Handrails.

Add as follows:

Section 1011.11

Exceptions:
6. Stairways used only to attend equipment or private stairways serving an occupant load of
10 or fewer persons and which are not accessible to the public. Handrail will be required
on one side.

7. Vehicle service pit stairways are exempt from the rules for stairway railings and guards if
they would prevent a vehicle from moving into a position over the pit.

Section 1015.2 Where Required.

Revise as follows:

Section 1015.2. Guards shall be located along open-sided walking surfaces, including
mezzanines, equipment platforms, stairs, ramps and landings, that are located more than 30
inches (762mm) above the floor or grade below or if within 36 inches (914mm) horizontally to
the edge of the open side the vertical measurement to the floor or grade below is greater
than 48 inches. Guards shall be adequate in strength and attachment in accordance with
section 1607.9.

CHAPTER 11
ACCESSABILITY
This chapter should also contain this law from the North Dakota Century Code (54-21.3-03):

After July 31, 2013, a newly designed and constructed building in excess of seven thousand
five hundred square feet [696.77 square meters] which is classified within the state building
code as assembly, business, educational, institutional, or mercantile occupancy and required
by the state building code to be accessible must include at the primary exterior public
entrance an automatic door or power-assisted manual door that complies with the
requirements of the Americans with Disabilities Act of1990, revised 2010. If a multiple unit
building does not have a primary exterior public entrance, an individual unit within that

42
building is not required to include an automatic door or power-assisted manual door unless
that individual unit is in excess of seven thousand five hundred square feet [696.77 square
meters].

CHAPTER 12
INTERIOR ENVIRONMENT

Section 1206 Sound Transmission.

Section 1206 is hereby deleted in its entirety.

CHAPTER 16
STRUCTURAL DESIGN

Section 1601.1 Scope.

Revise as follows:

Section 1601.1 is hereby amended to add the following as a new second paragraph.
It shall not be the responsibility of the building official to determine engineering requirements
of this code. Exclusive of the conventional light-frame wood construction provisions
referenced in Section 2308, the method to resist loads as referenced in this chapter is the
responsibility of a structural engineer or other qualified design professional.

Section 1610.1 Lateral Loads.

Revise as follows:

Section 1610.1 Exception: Foundation walls extending not more than 9 feet below grade and
laterally supported at the top by flexible diaphragms shall be permitted to be designed for
active pressure.

CHAPTER 18
SOILS AND FOUNDATIONS
Section 1804.4 Site Grading.

Section 1804.4 is hereby deleted and the following section enacted:

Section 1804.4 Surface drainage shall be diverted to a storm sewer conveyance or other
approved point of collection. Lots shall be graded to drain surface water away from
foundation walls.

The procedure used to establish the final ground level adjacent to the foundation shall
account for additional settlement of the backfill.

43
Section 1808.10 Grounding.

Add this new section as follows:

Section 1808.10 Grounding. There shall be a concrete encased rebar stubbed out near the
electrical service for grounding of the electrical system located within the foundation or
footing as per the requirements of the most recently adopted version of the National Electrical
Code and the North Dakota Stale Wiring Standards. Coordinate with the Electrical
Contractor.

Section 1809.5 Frost Protection.

Revise as follows:

Section 1809.5 is hereby amended to add a new exception 4 as follows:

4. Free-standing buildings used as Group U occupancies for the storage of private or

pleasure- type motor vehicles constructed in accordance with Sections 406.3.1.

CHAPTER 29
PLUMBING SYSTEMS

Section 2901.1 General.

Revise as follows:

Section 2901.1 is hereby amended to read follows:

The provisions of this chapter and the North Dakota State Plumbing Code shall govern the
erection, installation, alteration, repairs, relocations, replacement, addition to, use or
maintenance of plumbing equipment and systems. Toilet and bathing rooms shall be
constructed in accordance with Section 1210. Plumbing systems and equipment shall be
constructed, installed and maintained in accordance with the North Dakota State Plumbing
Code. Private sewage disposal systems shall conform to the North Dakota State Plumbing
Code. The International Fire Code, the International Property Maintenance Code and the
North Dakota State Plumbing Code shall govern the use and maintenance of plumbing
components, appliances, equipment and systems. The International Existing Building Code
and the North Dakota State Plumbing Code shall govern the alteration, repair, relocation,
replacement and addition of plumbing components, appliances, equipment and systems.

Section 2902.2 Separate Facilities.

Revise as follows:

2902.2 Separate Facilities. Where plumbing fixtures are required, separate facilities shall be
provided for each sex.

44
Exceptions:
1. Separate facilities shall not be required for dwelling units and sleeping units.
2. Separate facilities shall not be required in structures or tenant spaces with a total
occupant load, including both employees and customers, of 25 or fewer.
3. Separate facilities shall not be required in mercantile occupancies in which the
maximum occupant load is 100 of fewer.
4. Separate facilities shall not be required in business occupancies in which the maximum
occupant load is 25 or fewer.

Section 2902.6 Small Occupancies.

Revise as follows:

Section 2902.6 Small Occupancies. Drinking fountains shall not be required for an occupant
load of 30 or fewer.

CHAPTER 33
SAFEGUARDS DURING CONSTRUCTION

Section 3313 Water Supply for Fire Protection.

Section 3313 is hereby deleted in its entirety.

45
 AMENDMENTS FOR THE
2021 INTERNATIONAL MECHANICAL CODE

CHAPTER 1
SCOPE AND APPLICATION

Section 101.1 Title.

Revise as follows:

Section 101.1 Title. These regulations shall be known as the Mechanical Code of the local
jurisdiction herein after referred to as "this code."

Section 104.8 Liability.

Add as follows:

Section 104.8 The code official, member of the board of appeals or employee charged with
the enforcement of this code, while acting for the jurisdiction in good faith and without malice
in the discharge of the duties required by this code or other pertinent law or ordinance, shall
not thereby be rendered civilly or criminally liable personally, and is hereby relieved from
personal liability for any damage accruing to persons or property as a result of an act or by
reason of an act or omission in the discharge of official duties.

Any suit or criminal complaint instituted against any officer or employee because of an act
performed by that officer or employee in the lawful discharge of duties and under the
provisions of this code shall be defended by the legal representative of the jurisdiction until
the final termination of the proceedings. The code official or any subordinate shall not be
liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions
of this code.

This code shall not be construed to relieve from or lessen the responsibility of any person
owning, operating, or controlling any building or structure for any damages to persons or
property caused by defects, nor shall the code enforcement agency or the jurisdiction be held
as assuming any such liability by reason of the inspection authorized by this code or any
permits or certificates issued under this code.

Section 106.4.8 Posting of a Permit.

Section 106.4.8 is hereby deleted in its entirety.

Section 106.5. Fee Schedule.

Add as follows:

106.5.1 Fee schedule. The fees for mechanical work shall be as indicated in the schedule as
established by the local jurisdiction.

46
 CHAPTER 2
DEFINITIONS
Section 201.3 Terms Defined in Other Codes.

Revise as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code such
terms shall have meanings ascribed to them as in other code publications of the International
Code Council. Whenever electrical or plumbing codes are referenced by the International
Code Council (ICC) in the International Building Code, International Residential Code,
International Mechanical Code, International Fuel Gas Code, International Energy
Conservation Code, International Existing Building Code, it shall mean the most recent
versions of the National Electrical Code and the North Dakota State Wiring Standards
adopted by the North Dakota State Electrical Board and the most recent versions of the
Uniform Plumbing Code and the Laws, Rules and Plumbing Installation Standards of North
Dakota adopted by the North Dakota State Plumbing Board.

CHAPTER 3
GENERAL REGULATIONS

Section 305.4 Interval of Support.

Revise as follows:

Section 305.4 Interval of support. Piping shall be supported at distances not exceeding the
spacing specified in Table 305.4, or in accordance with ANSI/MSS SP-58. In addition to the
requirements of Table 305.4, piping and tubing shall be supported within 2 feet (610 mm) of
every bend or angle.

Section 307.2.2 Drain pipe Materials and Sizes.

Revise as follows:

Section 307.2.2 Drain pipe materials and sizes. Components of the condensate disposal
system shall be cast iron, galvanized steel, copper, copper alloy, cross-linked polyethylene,
polyethylene, ABS, CPVC, PVC, or polypropylene pipe or tubing. Components shall be
selected for the pressure and temperature rating of the installation. Joints and connections
shall be made in accordance with the applicable provisions of the North Dakota State
Plumbing Code relative to the material type.

Condensate waste and drain line size shall be not less than 3/4- inch (19 mm) internal
diameter and shall not decrease in size from the drain pan connection to the place of
condensate disposal. Where the drain pipes from more than one unit are manifolded together
for condensate drainage, the pipe or tubing shall be sized in accordance with Table 307.2.2.

47
 CHAPTER 4 VENTILATION

Section 401.2 Ventilation Required.

Revise as follows:

Section 401.2 Ventilation required. Every occupied space shall be ventilated by natural means
in accordance with Section 402 or by mechanical means in accordance with Section 403.

Section 403.1 Ventilation System.

Revise as follows:

Section 403.1 Ventilation system. Mechanical ventilation shall be provided by a method of

supply air and return or exhaust air. The amount of supply air shall be approximately equal to
the amount of return and exhaust air. The system shall not be prohibited from producing
negative or positive pressure. The system to convey ventilation air shall be designed and
installed in accordance with Chapter 6.

CHAPTER 5
EXHAUST SYSTEMS
Section 504.9.2 Duct Installation.

Revise as follows:

504.9.2 Duct installation. Exhaust ducts shall be supported at 4-foot (1219 mm) intervals and
secured in place. The insert end of the duct shall extend into the adjoining duct or fitting in the
direction of airflow. Ducts shall not be joined with screws. Where dryer exhaust ducts are
enclosed in wall or ceiling cavities, such cavities shall allow the installation of the duct without
deformation.

Section 508.2 Compensating Hoods.

Revise as follows:

Section 508.2 Compensating hoods. Manufacturers of compensating hoods shall provide a

label indicating minimum exhaust flow and/or maximum makeup airflow that provides capture
and containment of the exhaust effluent. Short circuit compensating hoods are prohibited.

Section 508.2.1 Compensating Hood Make-up Air.

Add as follows:

Section 508.2.1 Compensating hoods shall extract at least 40% of the required exhaust air
flow from the kitchen area.

48
 CHAPTER 9
SPECIFIC APPLIANCES, FIREPLACES AND
SOLID FUEL-BURNING EQUIPMENT
Section 908.5 Water Supply.

Revise as follows:

Section 908.5 Water supply. Cooling towers, evaporative coolers and fluid coolers shall be
provided with an approved water supply, sized for peak demand. The quality of water shall be
provided in accordance with the equipment manufacturer's recommendations. The piping
system and protection of the potable water supply system shall be installed as required by
the North Dakota State Plumbing Code.

CHAPTER 10
BOILERS, WATER HEATERS AND PRESSURE VESSELS

Section 1008.2 Discharge.

Revise as follows:

Section 1008.2 Discharge. Blowoff valves shall discharge to a safe place of disposal. Where
discharging to the drainage system, the installation shall conform to the North Dakota State
Plumbing Code.

CHAPTER 11
REFRIGERATION

Table 1103.1 Refrigerant Classification, Amount, and OEL.

Revise as follows:

Table 1103.1 Refrigerant Classification, Amount, and OEL.

Footnote:

c. The ASHRAE Standard 34 flammability classification for this refrigerant is 2L.

Section 1104.2 Machinery Rooms.

Add as follows:

Section 1104.2 Machinery rooms is hereby amended to add the following new third exception:

3. If an existing refrigerating system is replaced or if an existing refrigeration plant is increased

49
by not more than 50% of its original capacity, but not more than 100 tons per system using a
non-flammable class A1 or B1 refrigerant and the refrigeration machinery room was not
provided in the original installation prior to 1994, a refrigeration machinery room shall not be
required. If the existing refrigeration is not located in general machinery room separated from
occupied spaces, a refrigeration machinery room shall be provided. The space containing the
refrigeration machinery shall meet the requirement of Section 1104.3.4, protection room
refrigerant decomposition, and Section 1105.3 requiring refrigerant detection. If the
requirements of 1104.3.4 and 1105.3 cannot be met, a refrigeration machinery room shall be
provided.

Section 1104.3.1 Air Conditioning for Human Comfort

Add as follows:

1104.3.1 Air conditioning for human comfort. High probability systems used for human
comfort shall use Group Al or A2L refrigerant. In other than industrial occupancies where the
quantity in a single independent circuit does not exceed the amount in Table 1103.1, Group
Bl, B2 and B3 refrigerants shall not be used in high probability systems for air conditioning for
human comfort.

CHAPTER 12
HYDRONIC PIPING

Section 1208.1 General.

Revise as follows:

Section 1208.1 General. New hydronic piping shall be isolated and tested hydrostatically at
not less than 100 psi (689 kPa). The duration of the test shall be not less than 15 minutes.

CHAPTER 15
REFERENCED STANDARDS
CSA – Add as follows:

CSA C22.2 No. 60335-2-40:2019 Household And Similar Electrical Appliances - Safety - Part
2-40: Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers
908.1. 916.1. 918.1, 918.2, 1101.2

UL – Revise as follows:

60335-2-40 2019: Household and Similar Electrical Appliances—Safety—Part 2-40:

Particular Requirements for Electrical Heat Pumps, Air-Conditioners and Dehumidifiers
908.1, 916.1, 918.1, 918.2, 1101.2

50
 AMENDMENTS FOR
2021 INTERNATIONAL FUEL GAS CODE

CHAPTER 1
SCOPE AND ADMINISTRATION

Section 101.1 Title.

Revise as follows:

Section 101.1 Title. 101.1 These regulations shall be known as the Fuel Gas Code of the local
jurisdiction hereinafter referred to as "this code."

Section 104.8 Liability.

Revise as follows:

Section 104.8 Liability. The code official, member of the board of appeals or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby
relieved from all personal liability for any damage accruing to persons or property as a result
of an act or by reason of an act or omission in the discharge of official duties.
Any suit instituted against any officer or employee because of an act performed by that officer
or employee in the lawful discharge of duties and under the provisions of this code shall be
defended by the legal representative of the jurisdiction until the final termination of the
proceedings. The code official or any subordinate shall not be liable for costs in an action, suit
or proceeding that is instituted in pursuance of the provisions of this code.
This code shall not be construed to relieve from or lessen the responsibility of any person
owning, operating, or controlling any building or structure for any damages to persons or
property caused by defects, nor shall the code enforcement agency or the city be held as
assuming any such liability by reason of the inspection authorized by this code or any permits
or certificates issued under this code.

Section 106.6 Fee Schedule.

Add as follows:

Section 106.6.1 Fee Schedule. The fees for work shall be as indicated in the schedule as
established by the local jurisdiction.

51
 CHAPTER 2
DEFINITIONS
Section 201.3 Terms defined in Other Codes.

Revise as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code such
terms shall have meanings ascribed to them as in other code publications of the International
Code Council. Whenever electrical or plumbing codes are referenced by the International
Code Council (ICC) in the International Building Code, International Residential Code,
International Mechanical Code, International Fuel Gas Code, International Energy
Conservation Code, International Existing Building Code, it shall mean the most recent
versions of the National Electrical Code and the North Dakota State Wiring Standards
adopted by the North Dakota State Electrical Board and the most recent versions of the
Uniform Plumbing Code and the Laws, Rules and Plumbing Installation Standards of North
Dakota adopted by the North Dakota State Plumbing Board. Wherever reference is made to
flood plain requirements, it shall mean the local flood plain management ordinance.

CHAPTER 3
GENERAL REGULATIONS
Figures 304.6.1(1) and 304.6.1(2).

Figure 304.6.1 (1) is hereby deleted in its entirety. Figure 304.6.1 (2) is hereby deleted in its
entirety.

Section 304.6.2 One Permanent Opening Method.

Revise as follows:

Section 304.6.2 One permanent opening method. One permanent opening, commencing within
12 inches (305 mm) of the top of the enclosure, shall be provided. The appliance shall have
clearances of at least 1 inch (25 mm) from the sides and back and 6 inches (152 mm) from the
front of the appliance. The opening shall directly communicate with the outdoors or through a
vertical or horizontal duct to the outdoors and shall have a minimum free area of 1 square inch
per 3,000 Btu/h (734mm2/kW) of the total input rating of all appliances located in the enclosure
and not less than the sum of the areas of all vent connectors in the space.

52
Figure 304.6.2

Revise as follows:

Figure 304.6.2 is hereby amended as shown below:

Section 304.11 Combustion Air Ducts.

Revise as follows and add the exception:

Section 304.11 Combustion air ducts. Ducts shall not terminate in an attic space.

53
 CHAPTER 4
GAS PIPING INSTALLATIONS

Section 403.9.1.1 Pipe Joints.

Add as follows:

Section 403.9.1.1 Pipe joints. Gas supply systems with pressures 5 psig or greater and gas
pipe joints 2 ½ inches or larger, regardless of pressure, shall be welded.

Section 403.9.5 Metallic Fittings.

Revise as follows:

Section 403.9.5 Metallic fittings.

1. Threaded fittings in sizes 2 ½ inches or larger shall not be used except where approved.

Section 403.13 Other Materials.

Add as follows:

Section 403.13 Other materials. Material not covered by the standards specifications listed
herein shall be investigated and tested to determine that it is safe and suitable for the
proposed service, and, in addition, shall be recommended for that service by the
manufacturer and shall be approved by the code official. Listed LPG hose may be used with
natural gas when used for temporary heating at a maximum length of 50 feet.

Section 406.4 Test Pressure Measurement.

Revise as follows:

Section 406.4 Test pressure shall be measured with a manometer or with a pressure-
measuring device designed and calibrated to read, record, or indicate a pressure loss caused
by leakage during the pressure test period. The source of pressure shall be isolated before
the pressure tests are made. Dial gauges used to measure test pressures shall be performed
with gauges of 2 psi increments or less and have a range not exceeding 100 psi unless
otherwise approved.

Section 406.4.1 Test Pressure.

Revise as follows:

Section 406.4.1 Test pressure. The test pressure to be used shall be no less than 11/2 times
the proposed maximum working pressure, but not less than 25 psig irrespective of design
pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall
not exceed a value that produces a hoop stress in the piping greater than 50 percent of the
specified minimum yield strength of the pipe.

54
Section 408.2 Drips.

Revise as follows:

Section 408.2 Drips. Where wet gas exists, a drip shall be provided at any point in the line of
pipe where condensate could collect.

Section 411.2 Manufactured Home Connections.

Revise as follows:

Section 411.2 Manufactured home connections. Manufactured homes shall be connected to

the distribution piping system by listed and labeled connectors in compliance with ANSI
Z21.75/CSA 6.27 and installed in accordance with the manufacturer’s installation instructions.

Section 415.1 Interval of Support.

Add as follows:

Section 415.1 Interval of support. Piping shall be supported at intervals not exceeding the
spacing specified in Table 415.1. Spacing of supports for CSST shall be in accordance with
the CSST manufacturer’s instructions. In addition to the requirements of Table 415.1, piping
and tubing shall be supported within 2 feet of every bend or angle.

CHAPTER 5
CHIMNEYS AND VENTS
Section 501.12 Residential and Low-heat Appliances Flue Lining Systems.

Revise as follows:

Section 501.12 Residential and low-heat appliances flue lining systems. Flue lining systems
for use with residential-type and low-heat appliances shall be limited to the following:

1. Clay flue lining complying with the requirements of ASTM C 315 or equivalent when each
appliance connected into the masonry chimney has a minimum input rating greater than
400,000 Btu/h. Clay flue lining shall be installed in accordance with the International
Building Code.

2. Listed chimney lining systems complying withUL1777.

3. Other approved materials that will resist, without cracking, softening or corrosion, fluegases
and condensate at temperatures up to 1,800°F (982°C).

a. Aluminum (1100 or 3003 alloy or equivalent) not less than 0.032 inches thick to 8inches
diameter.

55
 b. Stainless steel (304 or 430 alloy or equivalent) not less than 26 gauge (0.018 inches
thick) to 8 inches diameter or not less than 24 gauge (0.024 inches thick) 8 inches
diameter and larger.

When a metal liner is used other than a listed chimney liner a condensation drip tee shall be
installed and supported in an approved manner.

Section 503.5.3 Masonry Chimneys.

Revise as follows:

Section 503.5.3 Masonry chimneys shall be built and installed in accordance with NFPA 211
and shall be lined as per Section 501.12.

Section 503.5.6.1 Chimney Lining.

Revise as follows:

Section 503.5.6.1 Chimneys shall be lined in accordance with NFPA 211 and Section 501.12.

Exception: Where an existing chimney complies with Sections 503.5.6 through 503.5.6.3 and
its sizing is in accordance with Section 503.5.5, its continued use shall be allowed when, in
more than one appliance venting system the secondary appliance, such as a water heater, is
replaced and the primary heating appliance remains.

CHAPTER 6
SPECIFIC APPLIANCES
Section 614.9.2 Duct Installation.

Revise as follows:

Section 614.9.2 Duct installation. Exhaust ducts shall be supported at 4-foot (1219 mm)
intervals and secured in place. The insert end of the duct shall extend into the adjoining duct
or fitting in the direction of airflow. Ducts shall not be joined with screws.

56
 AMENDMENTS FOR THE 2021 INTERNATIONAL ENERGY
CONSERVATION CODE

CHAPTER 2
DEFINITIONS
Section 201.3 Terms Defined in Other Codes.

Revise as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code such
terms shall have meanings ascribed to them as in other code publications of the International
Code Council. Whenever electrical or plumbing codes are referenced by the International
Code Council (ICC) in the International Building Code, International Residential Code,
International Mechanical Code, International Fuel Gas Code, International Energy
Conservation Code, International Existing Building Code, it shall mean the most recent
versions of the National Electrical Code and the North Dakota State Wiring Standards
adopted by the North Dakota State Electrical Board and the most recent versions of the
Uniform Plumbing Code and the Laws, Rules and Plumbing Installation Standards of North
Dakota adopted by the North Dakota State Plumbing Board.

CHAPTER 4
RESIDENTIAL ENERGY EFFICIENCY
Table R402.1.2 Equivalent U-Factors

Revise as follows:
Climate Zone ### Frame Wall U-Factor ### Basement Wall U-Factor

6 ### 0.057 ### 0.059

7 and 8 ### 0.057 ### 0.059
(Balance of table remains the same)

57
Table R402.1.3 Insulation Minimum R-Values and Fenestration Requirements by
Components.

Revise as follows:

Change Ceiling R-Value column to 49 for climate zones 6, 7, and 8

Change Frame Wood Wall R-Value column to 21 or 13 + 5ci for climate zones 6, 7, and 8

Change Basement Wall R-Value column to 10 ci/13

Section R402.4 Air leakage (Mandatory).

Add the following exception:

Section R402.4 Air leakage (Mandatory)Exception: Dwelling units of R-2 occupancies and
multiple single-family dwellings shall be permitted to comply with IECC Section C402.5.

Section R402.4.1.2 Testing.

Revise as follows:

Section R402.4.1.2 Testing. The building or dwelling unit shall be tested and verified as
having an air leakage rate not exceeding five air changes per hour in Climate Zones 1
through 8.

Section R402.4.1.3 Leakage Rate.

Revise as follows:

Section R402.4.1.3 Leakage rate. The building or dwelling unit shall be tested and verified
as having an air leakage rate not exceeding five air changes per hour in Climate
Zones 1 through 8.

Section R402.4.1.4 Visual Inspection Option.

Add as follows:

Section R402.4.1.3 Visual Inspection Option. Building envelope tightness and insulation shall
be considered acceptable when installed in accordance with Table R402.4.1.1 - "Air Barrier
and Insulation" and has been field verified.

Section R403.3.7 Building Cavities (Mandatory).

Revise as follows:

Section R403.3.7 Building Cavities (Mandatory). Building framing cavities shall not be used as
supply ducts.

58
Section R403.6 Mechanical Ventilation.

Revise as follows:

Section R403.6 Ventilation. Buildings and dwelling units shall be provided with ventilation that
complies with the requirements of the International Residential Code or International Mechanical
Code, as applicable, or with other approved means of ventilation. Outdoor air intakes and
exhausts shall have automatic or gravity dampers that close when the ventilation system is not
operating.

59
 AMENDMENTS FOR THE
2021 INTERNATIONAL EXISTING BUILDING CODE

CHAPTER ONE
SCOPE AND ADMINISTRATION

Section 101.1 Title.

Revise as follows:

Section 101.1 Title. These regulations shall be known as the Existing Building Code of the
local jurisdiction hereinafter referred to as "this code."

Section 104.8 Liability.

Revise as follows:

Section 104.8 Liability. The code official, member of the Board of Appeals, or employee
charged with the enforcement of this code, while acting for the jurisdiction in good faith and
without malice in the discharge of the duties required by this code or other pertinent law or
ordinance, shall not thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property as a result of any act or by
reason of an act or omission in the discharge of official duties. Any suit instituted against an
officer or employee because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code shall be defended by legal
representative of the jurisdiction until the final termination of the proceedings. The code
official or any subordinate shall not be liable for cost in any action, suit, or proceeding that is
instituted in pursuance of the provisions of this code.

This code shall not be construed to relieve from or lessen the responsibility of any person
owning, operating, or controlling any building or structure for any damages to persons or
property caused by defects, nor shall the code enforcement agency or the city be held as
assuming any such liability by reason of the inspection authorized by this code or any permits
or certificates issued under this code.

60
 CHAPTER 2
DEFINITIONS
Section 201.3 Terms defined in Other Codes.

Revise as follows:

Section 201.3 Terms defined in other codes. Where terms are not defined in this code such
terms shall have meanings ascribed to them as in other code publications of the International
Code Council. Whenever electrical or plumbing codes are referenced by the International
Code Council (ICC) in the International Building Code, International Residential Code,
International Mechanical Code, International Fuel Gas Code, International Energy
Conservation Code, International Existing Building Code, it shall mean the most recent
versions of the National Electrical Code and the North Dakota State Wiring Standards
adopted by the North Dakota State Electrical Board and the most recent versions of the
Uniform Plumbing Code and the Laws, Rules and Plumbing Installation Standards of North
Dakota adopted by the North Dakota State Plumbing Board.

Section 1401.2 Conformance.

Revise as follows:

Section 1401.2 Conformance. Buildings to be moved within this jurisdiction shall comply with
provisions of this chapter. Buildings to be moved into this jurisdiction shall comply with the
provisions of the North Dakota State Building Code for new buildings and shall be certified as
to that compliance by an agency approved by the code official.

61
AMERICANS WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES (ADAAG)

N.D.C.C 54-21.3-04.1 requires that every building or facility subject to the federal Americans
with Disabilities Act must conform to the accessibility standards of the Americans with
Disabilities Act Accessibility Guidelines ADAAG). The law also requires a state agency or the
governing body of a political subdivision to obtain from any person preparing plans and
specifications for a building or facility subject to the Americans with Disabilities Act, a
statement that the plans and specifications are, in the professional judgment of that person,
in conformance with the ADAAG. This form must then be submitted to the Division of
Community Services. The next page of this document contains the ADAAG Conformance
Statement that is required.

62
ADAAG CONFORMANCE STATEMENT NORTH DAKOTA DEPARTMENT OF COMMERCE DIVISION
OF COMMUNITY SERVICES
SFN 19701 (11/16)
(This f orm must be submitted for new construction, alternations and additions to buildings and facilities subject to
the Americans with Disabilities Act)
AMERICAN WITH DISABILITIES ACT ACCESSIBILITY GUIDELINES (ADAAG)
CONFORMANCE STATEMENT

Name Building Address

City State ZIP Code

Owner City/County

Date Construction to Start Projected Completion Date

Type of Construction
New Building Sq. Ft.
Addition Sq. Ft.
Alteration Sq. Ft.
Describe Alteration:

Type of Occupancy/Use (Refer to Occupancies and Divisions defined in the International

Building Code)

I certify, to the best of my professional judgment, that the plans and specifications for the
above referenced building or facility conforms with the Americans with Disabilities Act
Accessibility Guide- lines for Buildings and Facilities as adopted in North Dakota Century
Code Section 54-21.3-04.1.
Name of Design Professional Firm

Signature Telephone Number Date

Send To: Division of Community Services 1600 East Century

Avenue, Suite 2
PO Box 2057
Bismarck, ND 58502-2057

63
 SAMPLE MODEL ORDINANCE

The following is a Sample Model Ordinance for the adoption of the State Building Code for
those cities, townships, and counties that elect to administer and enforce a building code.
Adoption of Code

The erection, construction, enlargement, alteration, repair, moving, removal, demolition, con-
version, occupancy, equipment, uses, height, area and maintenance of buildings or
structures in the City/Township/County of shall
meet with the provisions of the rules and regulations of the North Dakota State Building
Code and any future updates and amendments to that code, copies of which are
on file with the City Auditor/Township Board/County Auditor and are hereby made a part of
this chapter by reference with the exception of the sections hereinafter set forth affecting local
conditions in the City/Township/County, which are amended, for use and application in the
City/Township/County, and the City/Township/County hereby adopts said code as so
modified.

Amendments
Sec. Shall be revised to read as follows:
Sec. Shall be added to read as follows:
Sec. Shall be deleted

Fees
Fees under the Building Code shall be as follows:

NOTE: A suggested Building Permit Fees schedule can be found on page 11 of this
document.

64
 CODE ENFORCING JURISDICTIONS AS OF 2023
COUNTIES CONTACT PERSON PHONE NUMBER
Adams Kim Frank 567-2990
Billings Stacey Swanson 623-4810
Burleigh Mitch Flanagan 221-3728
Dunn Reinhard Hauck 573-4448
Grand Forks Carole McMahon 780-8421
Hettinger Mel Zent 873-637
McKenzie Curt Huus 444-7167
Morton Tom Liebel 667-3325
Mountrail Liz Hollowell 628-2909
Stark Leonard Schwindt 842-2120
Williams Doug Lalim 577-4567
Ward Aaron Rust 857-6429
CITIES CONTACT PERSON PHONE NUMBER
Abercrombie Todd Johnson 640-3724
Alexander Anne Mrachek 828-3461
Amenia Linda Sell 347-5554
Argusville Cheri Wetzel 212-3369
Barney Kevin Youngquist 640-1217
Beach Kimberly Nunberg 872-4103
Belfield Mel Zent 260-1867
Beulah Heidi Hamelton 873-2110
Bismarck Brady Blaskowski 355-1465
Brinsmade Michele Ferrell 466-2069
Buchanan Kim Lees 252-9584
Bucyrus Dean Larson 853-2490
Burlington Rod Schwandt 852-5233
Cando Derrick Childs 351-8476
Carrington Jason Wolsky 652-2911
Carson Sharon Ruscheinsky 622-3395
Casselton Mike Blevins 532-1078
Cavalier Katie Werner 265-8800
Center Danielle Butler 794-3650
Christine Todd Johnson 640-3724
Coleharbor Jerome Eman 442-3454
Colfax Todd Johnson 640-3724
DesLacs Tony Tudahl 725-4998
Devils Lake Dustin Willey 662-7600
Dickinson Leonard Schwindt 456-7803
Drake Sharon Toy 465-3794
Dunn Center Linda Kittilson 548-8130
Elgin Quentin Pfutzenreuter 584-3001
Ellendale James Eberle 349-3252
Enderlin Cyndee Chesley 437-3476
Fargo Shanwn Ouradnik 476-4147
Fordville Wendell Pfannsmith 229-3279
Forman Trish Pearson 724-5673
Gackle/Logan Linda Zenker 485-3331

65
 CITIES CONTACT PERSON PHONE NUMBER
Garrison Diane Affeldt 463-2600
Gladstone Mel Zent 483-2618
Glen Ullin Vicki Horst 348-3683
Glenburn Donna Zeltinger 362-7544
Glenfield Iris Johnson 785-2390
Golden Valley Cindy Helling 983-4488
Goodrich Debbie Tessmann 884-2695
Grafton Scott Boura 352-1561
Grand Forks Brandon Boespflug 787-3721
Granville Bob Bachmeier 728-6369
Gwinner Dana Grosgehauer 678-2409
Halliday Dawn Marquardt 938-4680
Hankinson Todd Johnson 640-3724
Hannaford Edwin Everson 769-2176
Harwood Casey Eggermont 281-0314
Hatton Lorraine Ness 543-3243
Hazelton Phyllis Schatz 782-6878
Hazen Steve Frovarp 748-2550
Hettinger Mel Zent 483-2618
Hillsboro Mike Blevins 532-1078
Horace Keith Asheim 492-2972
Hunter Lonnie Nelson 371-2168
Jamestown Tom Blackmore 252-5900
Kathryn Dave Majerus 840-2012
Kenmare Don Siebert 710-240-9863
Killdeer Ron Fettig 290-4801
Kindred Mike Blevins 532-1078
Kulm Emery Lindgren 647-2451
Langdon Jerry Bimler 256-2155
Larimore Joe Denault 343-2002
Leonard George Wendling 645-2254
Lincoln Mitch Flanagan 221-3728
Lisbon Donna Gamache 683-4140
Mandan Jordan Singer 667-3236
Manvel Joan Sherlock 696-2316
Mapleton Mike Blevins 532-1078
Mayville Gary Winger 786-2166
McClusky Hannelore Davis 363-2345
McVille Renae Arneson 322-4343
Medina Joe Diede 801-819-2606
Medora Dell Beach 872-6722
Milnor Kristin Lunneborg 427-5272
Minnewaukan Sherri Thompson 473-5735
Minot Luke Tillema 857-4104
Mohall Ken Shobe 756-6464
Mooreton Dennis Klosterman 274-8838
New Rockford George Ritzke 947-2461
New Salem Jim Schultz 843-8204

66
 CITIES CONTACT PERSON PHONE NUMBER
New Town Eileen Zaun 627-4812
North River Paulette Osborne 232-1103
Northwood Marcy Douglas 587-5370
Oakes April Haring 742-2137
Oxbow Mike Blevins 532-1078
Page Judy Johnson 668-2240
Pekin Brenda Bjorlie 296-4404/296-4515
Portal Carolyn Hill 926-3601
Prairie Rose Bob Staloch 235-9422
Ray Rhonda Rustad 568-2204
Reiles Acres Perry Ronning 281-2639
Reynolds Ken Ihry 847-2604
Richardton Duane Rakness 290-0034
Rogers Mary Engle 646-6292
Ross Diane Seibel 755-3321
Sentinel Butte James Muckle, Sr. 872-3205
Sherwood Kristy Titus 721-1336
Souris Lana Lindstrom 243-6422
South Heart Mel Zent 483-2618
St Thomas Richard Rygg 257-6640
Stanley Amanda Dennis 628-2225
Stanton Richard Honeyman 745-3202
Surrey Karla Schwan 852-4154
Taylor James Wolf 974-3663
Thompson Jeremy Aasen 741-1799
Tioga Dan Larson 664-2807
Tolley Patty Stavem 386-2466
Underwood Diane Schell 442-5481
Upham Ray Badke 768-2849
Valley City Mike Blevins 532-1078
Wahpeton Todd Johnson 640-3724
Walhalla Shirley Robillard 549-3176
Washburn Milissa Price 842-2533
Watford City Steve Williams 444-2533
West Fargo Mark Housh 515-5383
White Earth Greg Gunderson 755-3498
Williston Mark Schneider 577-8115
Wilton Norma Hochhalter 734-6707
Wyndmere Rochelle Huseth 439-2412
Zap Clarence Olszewski 948-2256

NOTE: Every effort has been made to ensure the accuracy of the above information. Please
contact the Department of Commerce with updates as well as verifying a jurisdiction.
Jurisdictions not on this list may have elected to adopt the State Building Code; therefore, we
advise contacting the local governing body to confirm building code requirements.

67
 Administrative Rule (Article 108, Chapter 108-01)

ARTICLE 108-01
NORTH DAKOTA STATE BUILDING CODE
Chapter
108-1-1 North Dakota State Building Code

CHAPTER 108-01-01
NORTH DAKOTA STATE BUILDING CODE

Section
108-1-1-1 History
108-1-1-2 Definitions
108-1-1-3 Intent
108-1-1-4 Scope
108-1-1-5 Implementation
108-1-1-6 Effective Date of Adoption of the State Building Code 108-01-01-07
Inquiries
108-1-1-8 Building Code Advisory Committee
108-1-1-9 Updating and Amending the State Building 108-01-01-10 Voting
108-1-1-11 Voting Procedures
108-1-1-12 Publication of Amendments 108-1-1-13 Limitations
108-1-1-14 Appendix Chapters

108-01-01-01. History. In 1979, the legislative assembly created the state building code. This
code is codified in North Dakota Century Code chapter 54-21.3. At that time, the legislative
assembly designated the 1976 uniform building code published by the international
conference of building officials as the state building code. In 1983, the code was updated to
the 1982 edition of the uniform building code and expanded to include the recognition of the
manufactured homes construction and safety standards under 24 CFR 3280 pursuant to the
Manufactured Housing Construction and Safety Standards Act [42 U.S.C. 5401 et seq.] as
the standard for the construction of manufactured housing. In addition, the responsibility for
the state building code was transferred to the office of intergovernmental assistance.

In 1985, the legislative assembly added the 1982 uniform mechanical code published by the
international conference of building officials. The state building code was updated in 1987 to
the 1985 edition of the uniform building code and uniform mechanical code. In 1989, the
legislative assembly added a state amendment to section 504(f) of the uniform mechanical
code pertaining to liquefied petroleum gas appliances.

In 1991, the legislative assembly updated the state building code to the 1991 uniform building
code and 1991 uniform mechanical code and amended North Dakota Century Code chapter
54-21.3 to permit cities, townships, and counties to amend the code to conform to local
needs.

68
Then in 1993, the legislative assembly provided for the office of management and budget to
adopt rules to implement and periodically update the code as well as to adopt rules to amend
the code; designated effective August 1, 1994, the state building code as the code to be
adopted by jurisdictions electing to adopt and enforce a building code; and added the
Americans with Disabilities Act accessibility guidelines as the state’s accessibility standards.

The 2001 legislative assembly changed the contents of the state building code to the
International Building Code, International Residential Code, International Mechanical Code,
and International Fuel Gas Code published by the International Code Council. In addition, the
legislative assembly created a state building advisory code committee to help develop the
administrative rules and to solicit input on and develop recommendations for amending the
state building code. The law also permits the five nongovernmental entities on the advisory
committee to vote along with eligible jurisdictions on the recommendations made by the
advisory committee.

The first rules developed to update, amend, and implement the state building code became
effective in December 1994, as article 4-08, chapter 4-08-01. Those rules were developed by
the office of intergovernmental assistance under the authority granted to the office of
management and budget. In 1999, the office of intergovernmental assistance became the
division of community services.

As a result of legislation in 2001, the Division of Community Services was transferred from
the Office of Management and Budget to the Department of Commerce. This change meant
the development of new rules for the state building code under the authority given to the
department of commerce, and the deletion of the rules for the state building code that
became effective in December 1994, article 4-08, chapter 4-08-01.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04,
54-21.3-05

108-01-01-02. Definitions.

1. "DCS" means the Division of CommunityServices.

2. "IBC" means the International Building Code.

3. "ICC" means the International Code Council.

4. "IFGC" means the International Fuel Gas Code.

5. "IMC" means the International Mechanical Code.

6. "IRC" means the International Residential Code.

69
7. “Qualified appointed representative" means a code-knowledgeable individual designated
by an eligible jurisdiction or organization to vote on the proposed published versions of the
IBC, IRC, IMC, and IFGC and recommendations on proposed amendments from the
building code advisory committee.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04,
54-21.3-05

108-01-01-03. Intent. It is the intent of this chapter to prescribe the rules for implementing,
updating, and amending the nationally recognized standards for construction, alteration,
movement, demolition, repair, and use of buildings in the state of North Dakota.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04,
54-21.3-05

108-01-01-04. Scope.

1. This chapter supplements all laws defined within the North Dakota Century Code relating to
construction, alterations, improvements, and siting of buildings, unless specifically
exempted.

2. This chapter applies to all cities, townships, and counties that elect to adopt andenforce
building codes within their jurisdictional boundaries.

3. This chapter applies to all state and local government buildings.

4. This chapter applies to all public and private schools.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03,
54-21.3-04, 54-21.3-05

108-01-01-05. Implementation. The DCS is responsible for developing and implementing

the administrative rules for implementing, updating, and amending the state building code.
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. State agencies are responsible for assuring that plans and specifications for
alterations and new construction of their buildings comply with the state building code, and
that all work is inspected for compliance with the state building code. Schools located in
jurisdictions 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
comply with the state building code.

Local governments that have not elected to adopt and enforce the state building code are

70
responsible for assuring that plans and specifications for alterations and new construction of
their buildings comply with the state building code.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-03(1)(3), 54-21.3-05

108-01-01-06. Effective date of adoption of the state building code. Effective August 1,
1994, any city, township, or county that has previously elected to adopt and enforce a building
code, or any jurisdiction that elects to adopt and enforce a building code, must adopt and
enforce the state building code. A city, township, or county may, however, amend the state
building code to conform to local needs.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04,
54-21.3-05

108-01-01-07. Inquiries. Inquiries regarding the state building code may be addressed to:
ADA/Building Code Manager
Division of Community Services

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)

108-01-01-08. Building code advisory committee. The building code advisory committee,
by law, consists of nine representatives from the following agencies and organizations:

1. Two members from the North Dakota Building Officials Association. One member must be
from a jurisdiction of less than ten thousand people. The size of a county will be
determined by the population of nonincorporated areas, and jurisdictions that have
relinquished their authority to administer and enforce the codes to the county;
2. One member from the North Dakota Chapter of the American Institute of Architects;
3. One member from the North Dakota Society of Professional Engineers.
4. One member from the North Dakota Association of Builders;
5. One member from the North Dakota Association of Mechanical Contractors;
6. One fire marshal nominated by the North Dakota State Fire Marshal;
7. One member nominated from the North Dakota State Electrical Board; and
8. One member from the Associated General Contractors.

71
The building code advisory committee may meet and vote on recommendations with less than
nine members. In the event of a tie vote on a proposed code change, the code change will be
presented to the voting jurisdictions as a tie vote.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04,
54-21.3-05

108-01-01-09. Updating and amending the state building code. The legislative assembly
has mandated that the state building code consist of the IBC, IRC, IMC, and IFGC. These are
nationally recognized codes published by the ICC and updated nationally every three years,
with annual supplements published consisting of approved code changes. The first published
version of these codes that will be adopted is the 2000 publication.

Each year, the DCS will meet with the building code advisory committee to either consider
amendments to the newly published updated versions of the codes, or to consider amending
the state building code with the nationally published interim supplements. To accomplish this,
the following procedures will be used:

1. Review of the newly published updates. When the codes are updated nationally
every three years, the DCS will schedule a meeting with the building code advisory
committee to establish a code updating and amendment cycle to begin no earlier than
six months from the receipt of the newly published updates. Once the DCS publishes
the updating and amendment cycle schedule, any interested party may submit
proposals for amendments. The DCS will provide a form for submitting proposals.

All proposed amendments will first be reviewed by the building code advisory
committee, and the committee, at that time, may develop amendments. Once all
amendments have been reviewed, they will be sent to all voting jurisdictions identified
by the DCS; to the organizations represented on the building code advisory
committee; and to certain state agencies. They will be made available upon request to
any other interested person or entity.

At least one public hearing will be scheduled for the building code advisory committee
to receive public comments on the proposed amendments. After each proposed
amendment is discussed, the committee will develop a recommendation to adopt the
amendment, to adopt with modification, or to reject the amendment.

After the hearing, the DCS will publish and distribute to eligible voting organizations and
jurisdictions the proposed amendments and the recommendations, including voting
results of the committee on each proposed amendment.

72
 2. Review of the annual published supplement. The DCS will meet with the building
code advisory committee to discuss the approved changes published in the annual
supplement. If the committee determines that these changes are not significant to
warrant a code change cycle, no further consideration will be given. If, however, the
committee determines that these changes should be considered, a code updating and
amendment cycle will be established and the procedures identified in subsection 1 will
be followed.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)

108-01-01-10. Voting. Voting on the recommendations for amendments to the codes will be
limited to the following:

1. A qualified appointed representative from each city and county identified by the DCS as
having adopted the state building code or, in the case of home rule cities, those that
have adopted the same published codes used in the state building code. The DCS will
be responsible for certifying up to one week prior to the voting meeting those
jurisdictions that will be eligible to vote.

2. The qualified appointed representative of each of the following organizations on the

building code advisory committee:

a. North Dakota Association of Builders;

b. North Dakota Association of Mechanical Contractors;
c. Associated General Contractors;
d. North Dakota Chapter of the American Institute of Architects; and
e. North Dakota Society of Professional Engineers.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)

108-01-01-11. Voting procedures. Each jurisdiction and organization eligible and present to
vote will be allowed one vote. In the event of a tie or when there is less than a two-thirds majority
on a recommendation, cities and counties will receive votes as follows to determine the
outcome:

Number of Residents Number of Votes

1 - 999 1
1,000 - 4,999 2
5,000 - 9,999 3
10,000 - 29,999 4
30,000 - 49,999 5
50,000 + 6

73
The population for a county will be determined by subtracting the population of eligible cities.
The most recent population figures published by the census bureau will be used.

As each recommendation for each proposed amendment is presented, time will be provided
for anyone present to indicate support or opposition to each proposed amendment or to
propose amending the recommendation. A proposed amendment to a recommendation must
be approved by a two-thirds majority of the voting qualified appointed representatives to be
considered.

After all proposed amendments have been acted on, a final vote will be taken for the purpose
of recognizing the specific publication year of the IBC, IRC, IMC, and IFGC adopted and all of
the amendments approved.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(2)

108-01-01-12. Publication of amendments. The DCS will publish, distribute, and make
available a state building code book that identifies the published versions of the IBC, IRC,
IMC, and IFGC and amendments adopted that are the current state building code.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)

108-01-01-13. Limitations. Subsection 2 of North Dakota Century Code section 54-21.3-03,

pertaining to the construction of manufactured homes, may not be amended. These are
federal minimum standards for construction that are the responsibility of the federal
department of housing and urban development. Each manufactured home carries a label of
inspection indicating compliance with the manufactured home construction and safety
standards. North Dakota Century Code section 54-21.3-04.1 may not be amended because
the accessibility standards contained in the Americans with Disabilities Act of 1990 are
federal law.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(2)

108-01-01-14. Appendix chapters. The appendix chapters of the IBC, IRC, IMC, and IFGC
are not part of the state building code unless specifically adopted.

History: Effective September 1, 2002.

General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)

74
OTHER CODE ENFORCING PROGRAMS OF NORTH DAKOTA

North Dakota State Electrical Board

1929 N Washington St., Suite A-1
P.O. Box 7335
Bismarck, ND 58507-7335
(Phone) 701.328.9522
(FAX) 701.328.9524
[email protected]
www.ndseb.com
North Dakota State Board of Plumbing
1110 College Drive, Suite 210
Bismarck, ND 58501
[P] 701-328-9977
[F] 701-328-9979
https://ndplumbingboard.com/
The Boiler Inspection Program
1701 South 12th Street
Bismarck, ND 58504
701.328.9609 - phone
701.328.9610 - fax
800.247.0560 - toll free
800.366.6888 - TTY line

The State Fire Marshall

1720 Burlington Dr. – Suite B
Bismarck, ND 58503
[P] 701-328-5555
http://www.ag.nd.gov/FM/FM.htm
ND Department of Health
Division of Food and Lodging
600 East Boulevard, Dept. 301
Bismarck, ND 58505
Phone: 701-328-1291
FAX: 701-328-1890
http://www.ndhealth.gov/FoodLodging/
ND Department of Health
Division of Life Safety & Construction
600 East Boulevard Ave., Dept. 301
Bismarck, ND 58505-0200
Monte Engel, Director
[email protected]
Fax 701.328.1890
Office 701.328.2352

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