10:09:03:01Terms and conditions for granting waivers.

OSE may waive high performance building standard certification for any of the following circumstances: (1) Twenty or fewer persons will permanently occupy the building in a 24 hour period; (2) A 15-year payback cannot be met as defined in § 10:09:04:01; (3) If the building is listed on the national register of historic places and reasonable justification is given to indicate that achieving a high-performance green building standard will significantly impair the original architectural intent of the building; (4) Less than fifty percent of the total square footage of the building is planned to be renovated within a three-year period; or (5) Extenuating circumstances may include: (a) Special use building projects; (b) Temporary use state building projects; and (c) Other circumstances that may prohibit high performance building construction or to be contrary to the best interest of the State of South Dakota.

Source: 34 SDR 323, effective July 3, 2008; 41 SDR 218, effective June 30, 2015.