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26.751.10 101st Legislative Session 129
2026 South Dakota Legislature
Senate Bill 129
ENROLLED
AN ACT
ENTITLED An Act to update references in certain statutes to the 2024 standard
building codes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 11-10-5 be AMENDED:
11-10-5. 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
must comply with the 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 enacti ng the ordinance.
Additional deletions, modifications, and amendments to the municipal ordinance may be
made by the governing body and are effective upon their adoption and filing with the
municipal finance officer. Additional deletions, modifications, and amendments to the
county ordinance may be made by the governing body and are effective upon their
adoption and filing with the county auditor.
An ordinance may not apply to mobile or manufactured homes, as defined in
chapter 32-7A, 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. An ordinance may not require that any fire sprinkler be installed in
a single family dwelling. 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 2024 edition of the International Building Code.
Section 2. That § 11-10-6 be AMENDED:
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11-10-6. 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, 2026, within the boundaries of any
local unit of governmen t 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. Each local unit of
government may adopt an ordinance allowing local administration and enforcement of the
design standard.
The provisions of this section do not apply to any residential structure as defined
in § 11-10-12, mobile or manufactured home, or farmstead and any accessory structure
or building thereto.
For purposes of this section, "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 32-7A, which is used for purposes other than residential and 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 2024 edition of the International Building Code.
Section 3. That § 11-10-11 be AMENDED:
11-10-11. If the governing body of any local unit of government adopts any
ordinance prescribing standards for maintenance of existing structures and premises, the
ordinance must comply with the 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 the ordinance. Additional deletions, modifications, and amendments to
the municipal ordinance may be made by the governing body and are effective upon their
adoption and filing with the municipal finance officer. Additional deletions, modifications,
and amendments to the county ordinance may be made by the governing body and are
effective upon their adoption and filing with the county auditor. An ordinance may not
impose standards that conflict with the applicable prevailing standards of the United States
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Department of Housing and Urban Development at the time of construction for
manufactured homes as defined in chapter 32-7A.
Section 4. That § 11-10-12 be AMENDED:
11-10-12. 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 2024 edition of the International Residential Code, as published by the International
Code Council, Incorporated. The governing body may, at any time, amend any provision
of the International Residential Code. 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 2024 edition of the International Residential Code.
For purposes of this section, "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 any accessory structure of the dwelling or townhouse.
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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