SB 129 — update references in certain statutes to the 2024 standard building codes.

26.751.926.751.10 101st Legislative Session 129 South Dakota Legislature Senate Bill 129 IntroducedENROLLED by:A N ACT ENTITLED An Act to update references in certain statutes to the 2024 standard building codes.

SenatorB ReedE AnIT ActENACTED toBY updateTHE referencesLEGISLATURE inOF certainTHE statutesS toTATE theOF 2024S standardOUTH buildingD codes.AKOTA :

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

If the governing body of any local unit of government adopts any ordinance prescribing standards for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building other than a residential structure as defined in § 11-10-12, the ordinance shall must comply with the 2021 2024 edition of the International Building Code, as published by the International Code Council, Incorporated.

The governing body may amend, modify, or delete any portion of the International Building Code before enacting such an the ordinance.

Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body,body and are effective upon their adoption and filing with the county auditor.

NoAnAn ordinance may not apply to mobile or manufactured homes, as defined in chapter 32-7A32-7A, that, which are constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction.

No An ordinance may not require that any fire sprinkler be installed in a single family dwelling.

No An ordinance may not apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2021 2024 edition of the International Building Code.

Overstrikes26.751.10 indicate2 deleted129 language.11-10-6.

26.751.9The 2design 129standard 11-10-6.for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building commenced after July 1, 2026, within the boundaries of any local unit of government that has not adopted an ordinance prescribing the standards pursuant to § 11-10-5, must be based on the 2024 edition of the International Building Code as published by the International Code Council, Incorporated.

The design standard for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of any building commenced after July 1, 2021 2026, within the boundaries of any local unit of government that has not adopted an ordinance prescribing such the standards pursuant to § 11-10-5 shall, must be based on the 2021 2024 edition of the International Building Code as published by the International Code Council, Incorporated.

For purposes of this sectionsection, the"farmstead" term, "farmstead," means a farm or ranch, including any structure or building located on the land.

The provisions of this section do not apply to any mobile or manufactured home, as defined in chapter 32-7A32-7A, that, which is used for purposes other than residential and that which is constructed in compliance with the applicable prevailing standards of the United States Department of Housing and Urban Development at the time of construction, if the structure complies with applicable accessibility standards for the occupancy intended.

The provisions of this section do not apply to any specialty resort or vacation home establishment as defined in chapter 34-18 that is constructed in compliance with the requirements of Group R-3 of the 2021 2024 edition of the International Building Code.

If the governing body of any local unit of government adopts any ordinance prescribing standards for maintenance of existing structures and premises, the ordinance shall must comply with the 2021 2024 edition of the International Property Maintenance Code, as published by the International Code Council, Incorporated.

The governing body may amend, modify, or delete any portion of the International Property Maintenance Code before enacting such an the ordinance.

Additional deletions, modifications, and amendments to the county ordinance may be made by the governing body,body and are effective upon their adoption and filing with the county auditor.

However, no An ordinance may not impose standards that conflict with the applicable prevailing standards of the United States SB129 ENROLLED 26.751.10 3 129 Department of Housing and Urban OverstrikesDevelopment indicateat deletedthe language.time of construction for manufactured homes as defined in chapter 32-7A.

26.751.9 3 129 Development at the time of construction for manufactured homes as defined in chapter 32-7A.

The governing body of a municipality may enact requirements for construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of a residential structure by adopting the 2021 2024 edition of the International Residential Code, as published by the International Code Council, Incorporated.

The governing body may not require the installation of a sprinkler system in a residential structure or impose any requirements that are more stringent than the requirements in the 2021 2024 edition of the International Residential Code.

For purposes of this section, the term, residential structure, "residential structure" means a detached one-family or two-family dwelling, and townhouses not more than three stories in height, with a separate means of egress and their accessory structures any accessory structure of the dwelling or townhouse.

UnderscoresSB129 indicateENROLLED new26.751.10 language.4 129 An Act to update references in certain statutes to the 2024 standard building codes.

OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

129 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

129 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB129 ENROLLED