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Code Status: North Dakota

This page contains information about current energy codes in the state of North Dakota. Information for all 50 States is also available. North Dakota Code News.

Current State Codes

  • Residential Code: There is no mandatory residential energy code currently in effect. Effective August 1, 2009, the 1993 MEC was removed as the voluntary state residential energy standard.
  • Commercial Code: There is no mandatory commercial energy code currently in effect. Effective August 1, 2009, ASHRAE Standard 90.1-1989 was removed as the voluntary state commercial energy standard.
  • Code Change Cycle: New editions of the code are considered for adoption as they become available. Most recent update became effective in October 1995 until energy codes were placed under the purview of the North Dakota State Building Code effective August 2009. The state Building Code Advisory Committee is scheduled to meet in spring 2010 to proceed with the process of adopting new codes.
  • Jurisdictions: (Information last updated October 30, 2009. See ICC Online for up-to-date jurisdictional adoption information).
    • There are no known jurisdictional adoptions of any IECC version.
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Code Adoption & Change Process

Process Type: Legislative & Regulatory

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

Until 1991, the Legislature maintained the authority to update the state building code, but this process did not permit the state to update the state building code in a timely manner as new editions of the Uniform Building Code and Uniform Mechanical Code were published. In 1991, the Legislature provided for the state building code to be updated as new editions of the codes are published. This procedure, however, was later declared unconstitutional. As a result, in 1993 the Legislative Assembly shifted the responsibility for updating the state building code to the Office of Management and Budget, which then designated the Office of Intergovernmental Assistance (now the Division of Community Services) to adopt rules to implement and periodically update and to amend the code. 

In 2001, the 57th Legislative Assembly created a Building Code Advisory Committee to help write administrative rules and to develop recommendations on proposed code amendments. A new Administrative Rule (Article 108, Chapter 108-01) to implement, amend, and periodically update the state building code became effective July 22, 2002.

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

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

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

In May 2009, the state legislature passed a bill removing the voluntary energy code (the 1993 MEC and ASHRAE 90.1-1989) from state law (effective August 2009) and placing it under the purview of the North Dakota State Building Code. The state Building Code Advisory Committee now has the authority to make recommendations that could include energy standards future editions of the State Building Code. The state Building Code Advisory Committee is scheduled (page 2) to meet in spring 2010 to proceed with the process of adopting new codes.

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

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Energy Consumption Estimates

The consumption estimates below are derived from the total end use of residential and commercial energy consumption in the United States in 2006, and are not limited to energy consumption based on building code-related factors. Source: U.S. Energy Information Administration.

  • Residential Sector: 59.7 Trillion BTU
  • Commercial Sector: 56.9 Trillion BTU
  • Total Energy Consumption: 116.6 Trillion BTU
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Construction Activity

Residential:

  • Population (2000 US Census)1: 642,200
  • Total Housing Units2: 294,165
  • 2004 New Housing Units Authorized by Permit (Privately Owned)3:
    • total units: 4,128
    • 1 unit: 2,666
    • 2 units: 54
    • 3 and 4 units: 94
    • 5+ units: 1,314
    • structures of 5+ units: 70

References:

  1. http://www.census.gov/population/cen2000/phc-t2/tab01.xls
  2. http://www.census.gov/population/estimates/housing/sthuhh1.txt
  3. http://www.census.gov/const/C40/Table2/20k_t2yu200412.txt
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Green Building Initiatives

 

Code Funding Opportunities

There are two funding opportunities under the American Recovery and Reinvestment Act of 2009 (ARRA): Energy Efficiency and Conservation Block Grants and State Energy Program. Please reference the U.S. Department of Energy for North Dakota's allocated amount and updated information. 

  

Web Links

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State Energy Code Contacts

John Diem
North Dakota Deptarment of Commerce
135 Sims Street, Suite 207
Dickinson, ND 58601
Phone: (701) 227-7416
Email: jdiem@nd.gov

Mike Mahlum
North Dakota Division of Community Services
14th FL. State Capitol Building
600 East Boulevard Ave
Bismark, ND 58505-0170
Tel: (701) 328-2094
Fax: (701) 328-2308
Email: mmahlum@state.nd.us

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