North Dakota State Building Code

1 North Dakota State Building code . Effective January 1, 2014 department of Commerce Division of Community Services 1600 East Century Avenue, Suite 2 PO Box 2057 Bismarck, ND 58502-2057 (701) 328-5300 Phone (701) 328-2308 Fax ALTERNATIVE FORMATS FOR PERSONS WITH DISABILITIES ARE AVAILABLE UPON REQUEST i 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 ..5 Section 6: North Dakota Century code Chapter.

2 6 Section 7: Scope of the State Building code ..12 Section 8: How to Use the North Dakota State Building code and the 2009 International Energy Conversation code ..13 Section 9: Chapter 1 of Each International code and Fee Schedule ..14 Section 10 Identification of Amendments ..15 Section 11 2012 International Residential code Amendments ..16 Section 12 2012 International Building code Amendments ..35 Section 13 2012 International Mechanical code Amendments ..46 Section 14: 2012 International Fuel Gas code Amendments ..50 Section 15: Americans with Disabilities Act Accessibility Guidelines (ADAAG).

3 56 Section 16: ADAAG Conformance Statement ..57 Section 17: Sample Ordinance to Adopt the State Building code ..58 Section 18: code Enforcing Jurisdictions in North Dakota ..59 Section 19: Administrative Rule (Article 108, Chapter 108-01) ..62 Section 20: Other code Enforcing Programs of North Dakota ..69 1 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 were available to vote during the updating process.

4 Their interest and expertise have r esulted in a State b uilding code that not only consists of the most up-to-date codes (the 2012 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) Jerome Miller North Dakota Building Officials Association Lon Drevecky Society of Professional Engineers Douglas Myers Stat e Fir e Marshal's Office Todd Johnson North Dakota Building Officials Association Bill Mowbray North Dakota Association of Mechanical Contractors James Schmidt and Lyle Wergeland State Electrical Board Larry CarcoanaNorth Dakota Chapter of the American Institute of Architects Hap Hildebrand North Dakota Association of Builders Mark Dougherty Associated General Contractors of ND Bruce Hagen department of Commerce 2 INTRODUCTION The purpose of this document is to identify

5 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 five codes that make up the State Building code ; the State law ( ) that provides for the 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 . HISTORY OF T HE North Dakota State Building code In 1979, the 46th No rth Dakota Legisl ative Ass embly created the North Dakota State Building code .

6 At the same time, the Legisl ature amended Sections 11-33-01, 40-47-01, and 58-03-11 rela ting to the authority of cities, townships, and counties to zone to reflect compliance with the st ate Building code . The Legisl ature dir ected that the st ate Building code would consist of the Uniform Building code published by the Int ernation al Conference of Building Officia ls. In 1985, the 49th Legisl ative Ass embly added the Uni for m M echanical code , also published by the Internation al Conf erence of Building Officia ls. Until 1991, the Legisl ature maintained the authority to update the State Building code , but this process did not permit the st ate to update the State Building code in a timely manner as new editions of the Uniform Building code and Unifor m M echanical code were published.

7 In 1991, the Legisl ature provided for the State Building code to be updated as n ew editions of the codes are published. This procedure , however, wa s l ater declared unconstitutional. As a re sult, in 1993 the Legisl ative Ass embly shifted the responsibility for updating the State Building code to the Office of Management and Budget, which then designated the Office of Intergov ernmental Assistance (now the Division of Community Services) to adopt rules to implement and per iodi cally update and to amend the code . The Legisl ative As se mbly a lso di rected in 1993, that eff ec tive August 1, 1994, any city, township, or county that elec ts to administer and enforce a Building code shall adopt and enforce the State Building code .

8 However, the Legisl ative Ass embly a lso provided for the ability for a city, county, or township to ame nd the State Building code to conform to local needs. The fir st Administrative Rule (Artic le 4-08-01) for updating the State Building code became ef fective December 1, 1994. In 2001, the 57th Legisl ative Ass embly amended , deleting the reference to the Unifor m Building code and Uniform Mechanical code because they w ere no longer being published. In their place, the Legisl ative Ass embly de signated the Internationa l Building code , Internation al Re sid ential code , Internation al M echanical code , and Interna tion al Fue l Ga s code as the codes th at would make up the State Building code .

9 The first v ersion of these codes to be adopted was the 2000 edition. The Legisl ative Ass embly also created a Building code Advisory Committee to help write a dministrative rule s and to develop recommendations on proposed code amendments. A new Administrative Rule (Artic le 108, Chapter 108-01) to implement, amend, and periodi cally update the State Building code became effec tive July 22, 2002. In 2004, the Building code Advisory Committee and the elig ible lo ca l ju risdictions adopted the 2003 edition of the Interna tion al Building code , Internation al Re sid enti al code , Interna tion al Mechanical code , and Internation al Fue l G as code with amendments.

10 In 2007, the Building code Advisory Committee and the elig ible lo ca l ju risdictions adopted the 2006 edition of the Interna tion al Building code , Internation al Re sid enti al code , Interna tion al Mechanical code , and Internation al Fue l G as code with amendments. In 2009, the Building code Advisory Committee and the elig ible lo ca l ju risdictions 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.