SB 129

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 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 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:
26.751.10  2  129
            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 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. 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
SB129 ENROLLED
26.751.10  3  129
   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.
SB129 ENROLLED
26.751.10  4  129
An Act to update references in certain statutes to the 2024 standard building codes.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 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