25.508.9 100th Legislative Session 98
2025 South Dakota Legislature
Senate Bill 98
Introduced by: Senator Reed
Underscores indicate new language.
Overstrikes indicate deleted language.
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 , and are 14
effective upon their adoption and filing with the county auditor. 15
No An ordinance may not apply to mobile or manufactured homes , as defined in 16
chapter 32-7A, that 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 21
compliance with the requirements of Group R -3 of the 2021 2024 edition of the 22
International Building Code. 23
Section 2. That § 11-10-6 be AMENDED: 24 25.508.9 2 98
Underscores indicate new language.
Overstrikes indicate deleted language.
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 2025, 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 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," 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, which is used for purposes other than residential that 15
and is constructed in compliance with the applicable prevailing standards of the United 16
States Department of Housing and Urban Development at the time of construction , if the 17
structure complies with applicable accessibility standards for the occupancy intended. The 18
provisions of this section do not apply to any specialty resort or vacation home 19
establishment, as defined in chapter 34-18, that is constructed in compliance with the 20
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 , 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 Department of Housing and Urban 34 25.508.9 3 98
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. 9
The governing body may not require the installation of a sprinkler system in a 10
residential structure or impose any requirements that are more stringent than the 11
requirements in the 2021 2024 edition of the 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