This amendment updates South Dakota building code references from the 2021 edition to the 2024 edition of the International Building Code and International Property Maintenance Code, while also making minor grammatical corrections (changing "shall" to "must" and "No" to "An") and adjusting the implementation date in one section from 2021 to 2026. The changes STRENGTHEN the bill's original purpose by ensuring the state adopts more current building standards.
26.751.9 26.751.10 101st Legislative Session 129 2026 South Dakota Legislature Senate Bill 129 Introduced by: Senator Reed Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to update references in certain statutes to the 2024 standard building codes. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 11-10-5 be AMENDED: 3 11-10-5. If the governing body of any local unit of government adopts any 4 ordinance prescribing standards for construction, alteration, movement, enlargement, 5 replacement, repair, equipment, use and occupancy, location, removal, and demolition of 6 any building other than a residential structure as defined in § 11-10-12, the ordinance 7 shall must comply with the 2021 2024 edition of the International Building Code, as 8 published by the International Code Council, Incorporated. The governing body may 9 amend, modify, or delete any portion of the International Building Code before enacting 10 such an the ordinance. Additional deletions, modifications, and amendments to the 11 municipal ordinance may be made by the governing body and are effective upon their 12 adoption and filing with the municipal finance officer. Additional deletions, modifications, 13 and amendments to the county ordinance may be made by the governing body, body and are 14 effective upon their adoption and filing with the county auditor. 15 NoAn An ordinance may not apply to mobile or manufactured homes, as defined in 16 chapter 32-7A that, 32-7A, which are constructed in compliance with the applicable prevailing 17 standards of the United States Department of Housing and Urban Development at the 18 time of construction. No An ordinance may not require that any fire sprinkler be installed 19 in a single family dwelling. No An ordinance may not apply to any specialty resort or 20 vacation home establishment as defined in chapter 34-18 that is constructed in compliance 21 with the requirements of Group R-3 of the 2021 2024 edition of the International Building 22 Code. 23 Section 2. That § 11-10-6 be AMENDED: 24 26.751.9 26.751.10 2 129 Underscores indicate new language. Overstrikes indicate deleted language. SB129 ENROLLED 11-10-6. The design standard for construction, alteration, movement, 1 enlargement, replacement, repair, equipment, use and occupancy, location, removal, and 2 demolition of any building commenced after July 1, 2021 2026, within the boundaries of 3 any local unit of government that has not adopted an ordinance prescribing such the 4 standards pursuant to § 11-10-5 shall, 11-10-5, must be based on the 2021 2024 edition of the 5 International Building Code as published by the International Code Council, Incorporated. 6 Each local unit of government may adopt an ordinance allowing local administration and 7 enforcement of the design standard. 8 The provisions of this section do not apply to any residential structure as defined 9 in § 11-10-12, mobile or manufactured home, or farmstead and any accessory structure 10 or building thereto. 11 For purposes of this section the term, "farmstead," section, "farmstead" means a farm or ranch, 12 including any structure or building located on the land. 13 The provisions of this section do not apply to any mobile or manufactured home, 14 as defined in chapter 32-7A that, 32-7A, which is used for purposes other than residential and 15 that which is constructed in compliance with the applicable prevailing standards of the 16 United States Department of Housing and Urban Development at the time of construction, 17 if the structure complies with applicable accessibility standards for the occupancy 18 intended. The provisions of this section do not apply to any specialty resort or vacation 19 home establishment as defined in chapter 34-18 that is constructed in compliance with 20 the requirements of Group R-3 of the 2021 2024 edition of the International Building Code. 21 Section 3. That § 11-10-11 be AMENDED: 22 11-10-11. If the governing body of any local unit of government adopts any 23 ordinance prescribing standards for maintenance of existing structures and premises, the 24 ordinance shall must comply with the 2021 2024 edition of the International Property 25 Maintenance Code, as published by the International Code Council, Incorporated. The 26 governing body may amend, modify, or delete any portion of the International Property 27 Maintenance Code before enacting such an the ordinance. Additional deletions, 28 modifications, and amendments to the municipal ordinance may be made by the governing 29 body and are effective upon their adoption and filing with the municipal finance officer. 30 Additional deletions, modifications, and amendments to the county ordinance may be 31 made by the governing body, body and are effective upon their adoption and filing with the 32 county auditor. However, no An ordinance may not impose standards that conflict with 33 the applicable prevailing standards of the United States 26.751.10 3 129 SB129 ENROLLED Department of Housing and Urban 34 26.751.9 3 129 Underscores indicate new language. Overstrikes indicate deleted language. Development at the time of construction for manufactured homes as defined in chapter 1 32-7A. 2 Section 4. That § 11-10-12 be AMENDED: 3 11-10-12. The governing body of a municipality may enact requirements for 4 construction, alteration, movement, enlargement, replacement, repair, equipment, use 5 and occupancy, location, removal, and demolition of a residential structure by adopting 6 the 2021 2024 edition of the International Residential Code, as published by the 7 International Code Council, Incorporated. The governing body may, at any time, amend 8 any provision of the International Residential Code. The governing body may not require 9 the installation of a sprinkler system in a residential structure or impose any requirements 10 that are more stringent than the requirements in the 2021 2024 edition of the 11 International Residential Code. 12 For purposes of this section, the term, residential structure, "residential structure" 13 means a detached one-family or two-family dwelling, and townhouses not more than three 14 stories in height, with a separate means of egress and their accessory structures any 15 accessory structure of the dwelling or townhouse. 16 26.751.10 4 129 SB129 ENROLLED An Act to update references in certain statutes to the 2024 standard building codes. I certify that the attached Act originated in the: Senate as Bill No. 129 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 129 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State