South Dakota

Current Codes

South Dakota Residential Energy Conservation Standard (VOLUNTARY)

Code Type: Residential

Based on: 2006 IECC Not Mandatory

Date Effective: Wednesday, July 1, 2009

Date Passed: Monday, March 30, 2009

South Dakota Voluntary Commercial Construction Standards

Code Type:

Based on: NO STATEWIDE CODE Not Mandatory

Date Effective: Wednesday, July 1, 2009

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Additional Code Information

Code Adoption & Change Process

Code Change Process:

LEGISLATIVE: Promulgation of a statewide energy code would have to proceed through the state legislature.

Code Change Cycle:

South Dakota does not have a set code change cycle.

Next Code Update:

South Dakota has no pending code update.

History

In 1978 when the South Dakota building code was first enacted, an energy code was part of Chapter 53 of the state building code. However, only three jurisdictions adopted the energy code portion of the state building code. As of 1994, no jurisdictions actively enforced the energy code portion of the state building code.

In 2009, the legislature passed SB 64, creating a voluntary residential energy code. Effective July 1, 2009, the 2006 IECC became the adopted voluntary standard for new residential buildings (South Dakota Title 11, Chapter 10, Section 7). Any builder or seller of a previously unoccupied new residential building which is a single-family or multifamily unit of four units or less shall disclose to the buyer or prospective buyer information regarding the energy efficiency of the residential building (§11-10-8). The builder's energy efficiency disclosure form can be found here (§ 11-10-10).

§ 11-10-4 authorizes counties and municipalities to enforce building codes and standards.

Basic Facts

Climate Zone:

6A,5A (zones based on DOE's most recent zoning: zone numbers based on a spectrum, zone 1 represents very hot weather and zone 8 represents subarctic weather. Letters indicate climate type, A-Humid, B-Dry, C-Marine)

Population:

812,383 (2009, U.S. Census Bureau)

Construction Activity:

New Housing Units Authorized by Permit:
Total units: 3,884
Number of Housing Units by Structure Type:
1 unit: 2,664
2 units: 124
3 and 4 units: 186
5 or more units: 910
(2008, Real Estate Center)

Projected Construction Rate:

Single family dwelling:2,664 (-26% less than previous year), and with an avarage value of $150,200 per unit.
(2008, Real Estate Center)

CO2 Emissions:

13.78 MMT CO₂ (2007)

Energy Data

Primary Energy Source:

Petroleum: 50.1% (2007, EIA)

Energy Consumption:

Total Annual Energy Consumption of 292.2 trillion Btu (2007, EIA)

Energy Expenditures:

3,585.2 Million Nominal Dollars (2007, EIA)

Energy Snapshot:

48% of the natural gas supply in South Dakota is consumed to heat residential homes.

Residential use of natural gas costs $14.75/thousand cubic ft.

South Dakota’s electricity is generated primarily by hydroelectric sources and coal fired power plants.

Source: EIA

Climate Concerns

Regional Issues & State Action:

According to the United States Global Change Research Program, the Midwest has experienced rising average temperatures with the largest warming seen in the winter months. The growing season has been extended by one week because of earlier last spring frosts and precipitation has become more frequent including increased instances of heavy downpours. Since the 1980s, large heat waves have become more frequent than any time in the last century. These effects of climate change are predicted to continue, threatening the region’s economy, landscape, character, and quality of life.

Although South Dakota does not have an official climate action plan, the state has signed on to be an observer member of the Midwest Greenhouse Gas Reduction Accord which was signed by nine governors and two Canadian premiers in 2007 in recognition of the impacts that the Midwest has on climate change.

BCAP Estimated Energy Savings

If South Dakota began implementing the 2009 IECC and Standard 90.1-2007 statewide in 2011, businesses and homeowners would save an estimated $23 million annually by 2020 and $47 million annually by 2030 in energy costs (assuming 2006 prices).

Additionally, implementing the latest model codes would help avoid about 7.1 trillion Btu of primary annual energy use by 2030 and annual emissions of more than 476 thousand metric tons of CO2 by 2030.

A 2010 BCAP analysis indicates that the weighted average incremental construction cost of upgrading to the 2009 IECC in South Dakota would be $1,293.59 per home. On average, the annual energy savings per home would be $405.00, meaning the simple payback for homeowners would occur, on average, in 3.19 years. These estimates are conservative and represent the upper bound on incremental cost.

Resources

Incremental Cost Payback: South Dakota

posted by Mark Lessans
South Dakota Gap Analysis Report

posted by John Miller
2010 Midwest Energy Codes Needs Analysis Report

posted by Eric Plunkett
South Dakota Fact Sheet

posted by Paul Karrer

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Advocacy Opportunities	Status	Explanations
Adopt Mandatory Codes		Residential South Dakota is a home-rule state and does not have a statewide mandatory residential energy code. There are four jurisdictions where residential codes are adopted: Meade County (2006 IECC), Huron (2003 IECC), Lead (2003 IECC), and Sioux Falls (2000 IECC). The South Dakota Department of Public Health utilizes the 2000 IECC. Commercial South Dakota is a home rule state and does not have a statewide mandatory commercial energy code. There are three jurisdictions where commercial codes are adopted: Meade County (2006 IECC), Huron (2003 IECC), and Lead (2003 IECC). The South Dakota Department of Public Health utilizes the 2000 IECC. Additionally, all state facilities must be built to the current ASHRAE 90.1 standard.
Adopt an Automatic Review & Update Process		The state does not have a formal schedule or review process for adopting, reviewing or updating building energy codes.
Create a Regulatory Process		South Dakota relies on a legislative process for addressing codes and, therefore, promulgation of a statewide energy code would have to proceed through the state legislature.
Improve Compliance		Compliance with local codes is determined by local jurisdictions.
Eliminate Weakening Amendments
Add Strengthening Amendments
Allow Innovation at the Local Level
Set Milestones
Adopt Green Codes		State Wide Program: South Dakota. High Performance Building Requirements for State Buildings Program Description: New construction and renovations of state-owned buildings must achieve at least LEED Silver certification, a two-globe rating on the Green Globes scale, or comparable rating under an accredited sustainable building certification program. Energy Standard: Commercial LEED Certification: below is summarized from LEED NC, details vary according to certification program. Mandatory: minimum 10% compliance beyond ASHRAE 90.1-2007, or use of NBI's Core Performance or one of ASHRAE's Advanced Energy Design Guidelines. LEED options include: optimize energy performance, on-site renewable energy, enhanced commissioning, enhanced refrigerant management, measurement & verification, and green power.

Resources:

Advocacy
Link to South Dakota specific best practices (if BCAP has any)
Model ordinance for local governments to adopt codes (linked document)
Building codes status: http://www.reedconstructiondata.com/building-codes/south-dakota/

Mayors Climate Protection Center
www.usmayors.org
Two South Dakota Mayors have signed The U.S. Conference of Mayors’ Climate Protection Agreement:
(City)
Huron and Spearfish City.

Western Governors’ Association
www.westgov.org
Governor Michael Rounds is an active participant

International Codes Council (ICC) Regional Support and State Offices:
Ms. Kathy Slawinski
ICC Chicago District Office
4051 West Flossmoor Road
Country Club Hills, IL 60478
Phone: 1-888-422-7233, Ext. 4319
KSlawinski@iccsafe.org

Mr. Patrick Coughlin
Regional Manager
4719 Black Swan Drive
Shawnee Mission, KS 66216-1234
Phone: 1-888-422-7233, Ext. 6273
PCoughlin@iccsafe.org

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