Update references in certain statutes to the 2024 standard building codes.
SB98 updates multiple South Dakota statutes that incorporate model building codes by changing the referenced editions from the 2021 codes to the 2024 editions. The bill amends provisions governing local building ordinances, default construction standards in jurisdictions without local ordinances, property maintenance standards, and residential structure requirements. In each case, the bill keeps the basic framework the same but refreshes the incorporated code references to the 2024 International Building Code, International Property Maintenance Code, and International Residential Code.
The bill also preserves existing limits on local regulation. It continues to prohibit ordinances from requiring fire sprinklers in single-family dwellings, from applying to certain mobile or manufactured homes that meet federal HUD standards, and from imposing standards that conflict with HUD requirements for manufactured homes. It likewise maintains the exemption for specialty resort or vacation home establishments built to Group R-3 standards, while allowing local governments to amend, modify, or delete portions of the incorporated codes when adopting ordinances.
In practical terms, SB98 would affect local governments, builders, property owners, and code enforcement officials by aligning state law with the newest model building standards. It would update the baseline construction and maintenance rules used by municipalities and counties, while leaving local discretion intact where state law already allows it. The bill also clarifies that residential structures remain subject to the International Residential Code, but not to more stringent requirements than the 2024 edition or to mandatory sprinkler installation.
The general sentiment appears mixed to cautious. The bill was not advanced unanimously; on February 6, it was deferred to the 41st legislative day by a 5-4 vote, suggesting some committee hesitation or unresolved concerns. Because there were no recorded transcript snippets, the available record does not show detailed debate, but the close vote indicates the update to newer codes was not universally embraced at that stage.
The main points of contention likely center on whether adopting the 2024 model codes could change compliance costs, local control, or regulatory burdens for builders and property owners. Potential concerns may also involve the continued limits on sprinkler mandates, the treatment of manufactured homes, and whether the updated code references could indirectly alter construction standards even though the bill is framed as a technical update.
SB98 would amend §§ 11-10-5, 11-10-6, 11-10-11, and 11-10-12 to replace references to the 2021 editions of the International Building Code, International Property Maintenance Code, and International Residential Code with the 2024 editions. It would also update the default effective date in § 11-10-6 for jurisdictions without local ordinances to July 1, 2025. The bill preserves existing statutory exemptions and limitations for residential structures, manufactured homes, mobile homes, farmsteads, and certain specialty resort or vacation home establishments, while maintaining local authority to modify adopted model codes.
The available voting history suggests a cautious or divided reception rather than broad consensus. The bill was deferred to the 41st legislative day on a 5-4 vote, indicating that a narrow majority supported postponement and that significant concern remained among committee members. No committee transcript was provided, so the record does not show specific arguments for or against the measure, but the close vote implies the bill was not viewed as a routine technical update by all members.
Likely areas of contention include the practical effects of moving to the 2024 model codes, especially whether the update could increase construction or compliance costs for builders, homeowners, and local governments. Another likely issue is the balance between statewide uniformity and local control, since the bill updates the default standards while still allowing local governments to amend the incorporated codes. The continued prohibition on sprinkler requirements in single-family homes and the treatment of manufactured homes and specialty resort/vacation home establishments may also draw attention from housing, development, and local code enforcement interests.