N.D. Admin. Code Title 108 — Department of Commerce

Article 108-01 North Dakota State Building Code

Chapter 108-01-01 North Dakota State Building Code

N.D. Admin. Code 108-01-01-01 History

In 1979, the legislative assembly created the state building code. This code is codified in North Dakota Century Code chapter 54-21.3. At that time, the legislative assembly designated the 1976 uniform building code published by the international conference of building officials as the state building code. In 1983, the code was updated to the 1982 edition of the uniform building code, and expanded to include the recognition of the manufactured homes construction and safety standards under 24 CFR 3280 pursuant to the Manufactured Housing Construction and Safety Standards Act [42 U.S.C. 5401 et seq.] as the standard for the construction of manufactured housing. In addition, the responsibility for the state building code was transferred to the office of intergovernmental assistance.

In 1985, the legislative assembly added the 1982 uniform mechanical code published by the international conference of building officials. The state building code was updated in 1987 to the 1985 edition of the uniform building code and uniform mechanical code. In 1989, the legislative assembly added a state amendment to section 504(f) of the uniform mechanical code pertaining to liquefied petroleum gas appliances.

In 1991, the legislative assembly updated the state building code to the 1991 uniform building code and 1991 uniform mechanical code and amended North Dakota Century Code chapter 54-21.3 to permit cities, townships, and counties to amend the code to conform to local needs. Then in 1993, the legislative assembly provided for the office of management and budget to adopt rules to implement and periodically update the code as well as to adopt rules to amend the code; designated effective August 1, 1994, the state building code as the code to be adopted by jurisdictions electing to adopt and enforce a building code; and added the Americans with Disabilities Act accessibility guidelines as the state's accessibility standards.

The 2001 legislative assembly changed the contents of the state building code to the international building code, international residential code, international mechanical code, and international fuel gas code published by the international code council. In addition, the legislative assembly created a state building advisory code committee to help develop the administrative rules and to solicit input on and develop recommendations for amending the state building code. The law also permits the five nongovernmental entities on the advisory committee to vote along with eligible jurisdictions on the recommendations made by the advisory committee.

The first rules developed to update, amend, and implement the state building code became effective in December 1994, as article 4-08, chapter 4-08-01. Those rules were developed by the office of intergovernmental assistance under the authority granted to the office of management and budget. In 1999, the office of intergovernmental assistance became the division of community services.

As a result of legislation in 2001, the division of community services was transferred from the office of management and budget to the department of commerce. This change meant the development of new rules for the state building code under the authority given to the department of commerce, and the deletion of the rules for the state building code that became effective in December 1994, article 4-08,

chapter 4-08-01.

History

• Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05

N.D. Admin. Code 108-01-01-02 Definitions

1."DCS" means the division of community services.

2."IBC" means the international building code.

3."ICC" means the international code council.

4."IFGC" means the international fuel gas code.

5."IMC" means the international mechanical code.

6."IRC" means the international residential code.

7."Qualified appointed representative" means a code-knowledgeable individual designated by an eligible jurisdiction or organization to vote on the proposed published versions of the IBC, IRC, IMC, and IFGC and recommendations on proposed amendments from the building code advisory committee.

History

• Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05

N.D. Admin. Code 108-01-01-03 Intent

It is the intent of this chapter to prescribe the rules for implementing, updating, and amending the nationally recognized standards for construction, alteration, movement, demolition, repair, and use of buildings in the state of North Dakota.

History

• Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05

N.D. Admin. Code 108-01-01-04 Scope

1.This chapter supplements all laws defined within the North Dakota Century Code relating to construction, alterations, improvements, and siting of buildings, unless specifically exempted.

2.This chapter applies to all cities, townships, and counties that elect to adopt and enforce building codes within their jurisdictional boundaries.

3.This chapter applies to all state and local government buildings.

4.This chapter applies to all public and private schools.

History

• Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05

N.D. Admin. Code 108-01-01-05 Implementation

The DCS is responsible for developing and implementing the administrative rules for implementing, updating, and amending the state building code. Cities, townships, and counties that elect to enforce a building code are responsible for adopting and enforcing the state building code, but may amend the code to conform to local needs. State agencies are responsible for assuring that plans and specifications for alterations and new construction of their buildings comply with the state building code, and that all work is inspected for compliance with the state building code. Schools located in jurisdictions that have not elected to adopt and enforce the state building code are responsible for assuring that plans and specifications for alterations and new construction comply with the state building code. Local governments that have not elected to adopt and enforce the state building code are responsible for assuring that plans and specifications for alterations and new construction of their buildings comply with the state building code.

History

• Law Implemented: NDCC 18-12-06, 54-21.3-03(1)(3), 54-21.3-05

N.D. Admin. Code 108-01-01-06 Effective date of adoption of the state building code

Effective August 1, 1994, any city, township, or county that has previously elected to adopt and enforce a building code, or any jurisdiction that elects to adopt and enforce a building code, must adopt and enforce the state building code. A city, township, or county may, however, amend the state building code to conform to local needs.

History

• Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05

N.D. Admin. Code 108-01-01-07 Inquiries

Inquiries regarding the state building code may be addressed to:

ADA/Building Code Manager Division of Community Services

N.D. Admin. Code 108-01-01-08 Building code advisory committee

The building code advisory committee, by law, consists of nine representatives from the following agencies and organizations:

1.Two members from the North Dakota building officials association. One member must be from a jurisdiction of less than ten thousand people. The size of a county will be determined by the population of nonincorporated areas, and jurisdictions that have relinquished their authority to administer and enforce the codes to the county;

2.One member from the North Dakota chapter of the American institute of architects;

3.One member from the North Dakota society of professional engineers.

4.One member from the North Dakota association of builders;

5.One member from the North Dakota association of mechanical contractors;

6.One fire marshal nominated by the North Dakota state fire marshal;

7.One member nominated from the North Dakota electrical board; and

8.One member from the associated general contractors.

The building code advisory committee may meet and vote on recommendations with less than nine members. In the event of a tie vote on a proposed code change, the code change will be presented to the voting jurisdictions as a tie vote.

History

• Law Implemented: NDCC 18-12-06, 54-21.3-01, 54-21.3-02, 54-21.3-03, 54-21.3-04, 54-21.3-05

N.D. Admin. Code 108-01-01-09 Updating and amending the state building code

The legislative assembly has mandated that the state building code consist of the IBC, IRC, IMC, and IFGC. These are nationally recognized codes published by the ICC and updated nationally every three years, with annual supplements published consisting of approved code changes. The first published version of these codes that will be adopted is the 2000 publication.

Each year, the DCS will meet with the building code advisory committee to either consider amendments to the newly published updated versions of the codes, or to consider amending the state building code with the nationally published interim supplements. To accomplish this, the following procedures will be used:

1.Review of the newly published updates. When the codes are updated nationally every three years, the DCS will schedule a meeting with the building code advisory committee to establish a code updating and amendment cycle to begin no earlier than six months from the receipt of the newly published updates. Once the DCS publishes the updating and amendment cycle schedule, any interested party may submit proposals for amendments. The DCS will provide a form for submitting proposals.

All proposed amendments will first be reviewed by the building code advisory committee, and the committee, at that time, may develop amendments. Once all amendments have been reviewed, they will be sent to all voting jurisdictions identified by the DCS; to the organizations represented on the building code advisory committee; and to certain state agencies. They will be made available upon request to any other interested person or entity.

At least one public hearing will be scheduled for the building code advisory committee to receive public comments on the proposed amendments. After each proposed amendment is discussed, the committee will develop a recommendation to adopt the amendment, to adopt with modification, or to reject the amendment.

After the hearing, the DCS will publish and distribute to eligible voting organizations and jurisdictions the proposed amendments and the recommendations, including voting results of the committee on each proposed amendment.

2.Review of the annual published supplement. The DCS will meet with the building code advisory committee to discuss the approved changes published in the annual supplement. If the committee determines that these changes are not significant to warrant a code change cycle, no further consideration will be given. If, however, the committee determines that these changes should be considered, a code updating and amendment cycle will be established and the procedures identified in subsection 1 will be followed.

N.D. Admin. Code 108-01-01-10 Voting

Voting on the recommendations for amendments to the codes will be limited to the following:

1.A qualified appointed representative from each city and county identified by the DCS as having adopted the state building code or, in the case of home rule cities, those that have adopted the same published codes used in the state building code. The DCS will be responsible for certifying up to one week prior to the voting meeting those jurisdictions that will be eligible to vote.

2.The qualified appointed representative of each of the following organizations on the building code advisory committee:

a.North Dakota association of builders;

b.North Dakota association of mechanical contractors;

c.Associated general contractors;

d.North Dakota chapter of the American institute of architects; and

e.North Dakota society of professional engineers.

N.D. Admin. Code 108-01-01-11 Voting procedures

Each jurisdiction and organization eligible and present to vote will be allowed one vote. In the event of a tie or when there is less than a two-thirds majority on a recommendation, cities and counties will receive votes as follows to determine the outcome:

Number of ResidentsNumber of Votes 1 -9991 1,000 -4,9992 5,000 -9,9993 10,000-29,9994 30,000 -49,9995 50,000 +6 The population for a county will be determined by subtracting the population of eligible cities. The most recent population figures published by the census bureau will be used.

As each recommendation for each proposed amendment is presented, time will be provided for anyone present to indicate support or opposition to each proposed amendment or to propose amending the recommendation. A proposed amendment to a recommendation must be approved by a two-thirds majority of the voting qualified appointed representatives to be considered.

After all proposed amendments have been acted on, a final vote will be taken for the purpose of recognizing the specific publication year of the IBC, IRC, IMC, and IFGC adopted and all of the amendments approved.

History

• Law Implemented: NDCC 54-21.3-03(2)

N.D. Admin. Code 108-01-01-12 Publication of amendments

The DCS will publish, distribute, and make available a state building code book that identifies the published versions of the IBC, IRC, IMC, and IFGC and amendments adopted that are the current state building code.

N.D. Admin. Code 108-01-01-13 Limitations

Subsection 2 of North Dakota Century Code section 54-21.3-03, pertaining to the construction of manufactured homes, may not be amended. These are federal minimum standards for construction that are the responsibility of the federal department of housing and urban development. Each manufactured home carries a label of inspection indicating compliance with the manufactured home construction and safety standards.

North Dakota Century Code section 54-21.3-04.1 may not be amended because the accessibility standards contained in the Americans with Disabilities Act of 1990 are federal law.

History

• Law Implemented: NDCC 54-21.3-03(2)

N.D. Admin. Code 108-01-01-14 Appendix chapters

The appendix chapters of the IBC, IRC, IMC, and IFGC are not part of the state building code unless specifically adopted.

Article 108-02 Third-Party Inspections Program

Chapter 108-02-01 Third-Party Inspections Program

N.D. Admin. Code 108-02-01-01 History

The fifty-seventh legislative assembly, in House Bill No. 1210, directed the division of community services to develop rules to certify third-party inspection agencies and to develop procedures for these agencies to follow in inspecting the construction of modular residential and commercial structures built in a factory. To implement this program, the division of community services has elected to become a "participating state" under the industrialized buildings commission. In 2011, the sixty-second legislative assembly passed Senate Bill No. 2284 enacting the interstate compact on industrialized or modular buildings becoming a "compacting state" which is codified as North Dakota Century Code chapter 54-21.4. The industrialized buildings commission provides for the certification of third-party agencies and the procedures for these agencies to follow in assuring that industrialized modular buildings are designed, manufactured, handled, stored, delivered, and installed according to adopted state construction standards. In 2011, the sixty-second legislative assembly, in Senate Bill No.2366, amended North Dakota Century Code section 54-21.3-07 to make the law mandatory for manufacturers producing two or more modular residential and commercial structures per year. In 2003, the fifty-eighth legislative assembly, in House Bill No. 1345 amended North Dakota Century Code section 54-21.3-03, requiring that modular residential structures or prebuilt homes placed in the state must be constructed in compliance with the state building code and amendments to the state building code adopted by the jurisdictions in which the modular residential structure or prebuilt home is placed.

History

• Law Implemented: NDCC 54-21.3-07, 54-21.4

N.D. Admin. Code 108-02-01-02 Administration

The administration of this program is the responsibility of the division of community services as a participating state under the industrialized buildings commission.

N.D. Admin. Code 108-02-01-03 Inquiries

Inquiries about this program may be addressed to:

Third-party Inspections Program Manager North Dakota Department of Commerce Division of Community Services Phone: 701-328-5300

History

• History: Effective July 1, 2003; amended effective July 1, 2020.

N.D. Admin. Code 108-02-01-04 Scope

This chapter governs the process for certification of third-party inspection agencies for those manufacturers of industrialized modular residential and commercial buildings built in a factory. It also governs the procedures to be employed for approving the design, manufacture, inspection, handling, storage, delivery, and installation of industrialized modular buildings built in a factory. Industrialized modular buildings certified according to this chapter shall be deemed to comply with all requirements of this chapter and shall not be subject to required state or local inspections for any building component in the factory. This chapter does not govern manufactured homes built in a factory under the United States department of housing and urban development code pursuant to the Manufactured Housing and Safety Standards Act, nor does it cover any onsite construction, including construction related to the installation of industrialized modular buildings.

History

• History: Effective July 1, 2003; amended effective July 16, 2003.

N.D. Admin. Code 108-02-01-05 Effective date

This chapter is applicable to all modular residential and commercial structures intended for siting anywhere in North Dakota on or after July 1, 2003.

N.D. Admin. Code 108-02-01-06 Applicability of state or local law

Land use and zoning requirements, building setback requirements, side and rear yard requirements, property line requirements, and onsite development, construction, and inspection requirements are specifically and entirely reserved for state or local government, except as provided by or pursuant to these rules. Upon installation, state or local government code enforcement agencies may conduct nondestructive walkthrough inspections of any industrialized modular building or building component certified in accordance with this chapter, for the purpose of identifying and reporting to the division of community services any code violation. If a person or agency shall deliver, sell, lease, or install any industrialized modular building or building component in any jurisdiction in North Dakota that is not certified in accordance with this chapter, the state and local code enforcement agencies may inspect the building and all building components according to state and local codes and amendments or other related procedures and requirements.

N.D. Admin. Code 108-02-01-07 Definitions

For purposes of this chapter:

1."Act" means the laws of the participating state governing industrialized modular construction as amended and supplemented by the enabling legislation of the interstate compact on industrialized modular buildings.

2."Approved" means approved by the industrialized buildings commission, a participating state, or a designated evaluation inspection agency.

3."Building component" means any subsystem, subassembly, or other system of closed construction designed for use in or as part of a structure, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety.

4."Building system" means the method of constructing a type of industrialized modular building or building component described by plans, specifications, and other documentation which together establish a set of limits meeting the building codes, standards, and other requirements of these regulations for that type of industrialized modular building or building component, which may include structural, electrical, mechanical, plumbing, and fire protection systems and other systems affecting health and safety.

5."Certification" means the process by which participating states and local building inspection agencies are assured that elements of closed construction, not practical to inspect at the building site, conform to the building codes.

6."Certification label" means an approved insignia or seal evidencing certification in accordance with the uniform administrative procedures.

7."Closed construction" means any building, building component, assembly, or system manufactured in such a manner that concealed parts or processes of manufacture cannot be inspected at the building site without disassembly, damage, or destruction. The definition shall not include products, such as structural, electrical, and plumbing fixtures and equipment which are tested, listed, labeled, and certified by a nationally recognized testing laboratory.

8."Code" means the codes, standards, specifications, and requirements adopted pursuant to

section 108-02-01-08.

9."Commission" means the industrialized buildings commission.

10."Compliance assurance documents" means approved building system documents, an approved compliance assurance manual, and approved onsite installation instructions.

11."Compliance assurance program" means the policies and procedures which assure that industrialized modular buildings and building components, including their manufacture, storage, delivery, assembly, handling, and installation, conform with these model rules and regulations and the uniform administrative procedures.

12."Designated" means selected by the commission to perform one or more of the inspection or evaluation, or both, functions described under the uniform administrative procedures.

13."Evaluation agency" means a designated person or organization, private or public, determined by the commission to be qualified by reason of facilities, personnel, experience, and demonstrated reliability and independence of judgment, to investigate and evaluate industrialized modular buildings, building components, building systems, or compliance assurance programs.

14."Factory" means an individual or entity that manufactures two or more residential or commercial industrialized modular buildings per year. Residential industrialized modular buildings manufactured by high schools, vocational technical centers, and colleges or universities as part of a bona fide educational program are excluded. A manufacturer that does not meet this definition must provide a yearly certification to the division of community services that is exempt from this definition. Any industrialized modular building that is excluded from the modular residential and commercial structure third-party inspection program is subject to inspection from state or local enforcement agencies.

15."Independence of judgment" means not being affiliated with or influenced or controlled by building manufacturers or by producers, suppliers, or vendors of products or equipment used in industrialized modular buildings and building components, in any manner which is likely to affect capacity to render reports and findings objectively and without bias.

16."Industrialized modular building" means any building of closed construction, i.e., constructed in such a manner that concealed parts or processes of manufacture cannot be inspected at the site, without disassembly, damage, or destruction, and which is made or assembled in manufacturing facilities, off the building site, for installation, or assembly and installation, on the building site. Industrialized modular building includes modular housing which is factory-built single-family and multifamily housing, including closed-wall panelized housing, and other modular, nonresidential buildings. Industrialized modular building does not include any structure subject to the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974.

17."Inspection agency" means a designated person or organization, private or public, who is determined by the commission to be qualified by reason of facilities, personnel, experience, and demonstrated reliability and independence of judgment, to monitor compliance assurance programs.

18."Installation" means the process of affixing, or assembling and affixing, industrialized modular buildings or building components on the building site.

19."Interim reciprocal agreement" means a formal reciprocity agreement as defined in the enabling legislation of the interstate compact on industrialized modular buildings.

20."Local enforcement agency" means the agency or agencies of the participating states or local government with authority to inspect buildings and enforce the law, ordinances, and regulations which establish standards and requirements applicable to the construction, installation, alteration, repair, or relocation of buildings.

21."Modular residential or commercial structure" means an industrialized modular building.

22."Module" means a closed-wall structure or substantial part of a closed-wall structure incorporating one or more rooms used as habitable, occupiable, or mechanical or equipment space.

23."Nonconformance" means the failure to adhere to the requirements of an approved building system or, where the building system is not specific, to the code.

24."Participating state" means any compacting state or any noncompacting state acting under the purview of an interim reciprocal agreement.

N.D. Admin. Code 108-02-01-08 Standards

Building systems must comply with:

1.Primary codes.

a.Building codes - International building code (IBC) and international residential code (IRC) published by the international code council (ICC), as adopted and amended in the North Dakota state building code and any local amendments to the North Dakota state building code submitted by July first of each year to the division of community services for distribution to the industrialized buildings commission and manufacturers on or about July first of each year.

b.Mechanical code - International mechanical code (IMC) published by the international code council (ICC), as adopted and amended in the North Dakota state building code and any local amendments to the North Dakota state building code submitted by July first of each year to the division of community services for distribution to the industrialized buildings commission and manufacturers on or about July first of each year.

c.Fuel gas code - International fuel gas code (IFGC) published by the international code council (ICC), as adopted and amended in the North Dakota state building code and any local amendments to the North Dakota state building code submitted by July first of each year to the division of community services for distribution to the industrialized buildings commission and manufacturers on or about July first of each year.

d.Plumbing code - Uniform plumbing code (UPC) published by the international association of plumbing and mechanical officials (IAPMO), as adopted and amended as the North Dakota state plumbing code.

e.Electrical code - National electrical code (NEC) published by the national fire protection association (NFPA), as adopted and amended as the laws, rules, and wiring standards of North Dakota.

f.Barrier-free code - Americans with Disabilities Act accessibility guidelines.

g.Energy code - Energy conservation standards as adopted and amended in the North Dakota state building code.

2.Alternates. The provisions of this chapter are not intended to prevent the use of any technologies, techniques, or materials not specifically prescribed by these codes, standards, specifications, and requirements, provided any such alternate has been approved.

a.Applications for such alternates must be filed in writing with the evaluation agency. This application must contain the current requirements of the codes, standards, or specifications from which an alternate is sought and a statement of how the proposed alternate would adequately protect the health, safety, and welfare of both the occupants and the public.

b.The evaluation agency may approve any such alternate, provided that it determines that the proposed design is satisfactory and that the material, method, or work offered is, for the purpose intended, consistent with the adopted codes and standards as to quality, strength, effectiveness, fire resistance, durability, and safety. The evaluation agency shall require that sufficient evidence or proof be submitted to substantiate any claim that may be made regarding the use of any such alternate. The evaluation agency shall notify the applicant of the determination. If the application is denied, the notification shall state the reasons for the denial.

N.D. Admin. Code 108-02-01-09 Manufacturer's data plate

N.D. Admin. Code 108-02-01-10 Serial number

N.D. Admin. Code 108-02-01-11 Compliance assurance documents

N.D. Admin. Code 108-02-01-12 Uniform administrative procedures

1.The 2018 version of the uniform administrative procedures of the industrialized buildings commission, hereby incorporated by reference, shall constitute the procedures by which the division of community services shall assure itself and the commission of the compliance of industrialized modular building construction with the state building, plumbing, electrical, and accessibility codes, assess the adequacy of the building systems, and verify and assure the competency and performance of evaluation and inspection agencies.

2.Copies of the uniform administrative procedures may be obtained from the industrialized buildings commission, suite 210, 505 huntmar park drive, Herndon, Virginia 20170.

3.The division of community services shall approve those evaluation or inspection agencies that the commission designates as meeting the requirements of part VI, section 1, of the uniform administrative procedures and that the commission finds otherwise qualified to perform the functions delegated to it.

4.The division of community services shall take such enforcement action against a manufacturer, inspection agency, or evaluation agency as recommended by the commission if, pursuant to the uniform administrative procedures, the commission determines that such manufacturer, inspection agency, or evaluation agency has failed to fulfill its responsibilities under the uniform administrative procedures.

5.Any notice or order issued pursuant to this chapter must be in writing and must be served upon the respondent party by certified mail and return receipt requested.

6.Any party aggrieved with an enforcement action taken by the division of community services may appeal under North Dakota Century Code chapter 28-32.

History

• History: Effective July 1, 2003; amended effective July 1, 2020.

N.D. Admin. Code 108-02-01-13 Consumer complaints

In accordance with the uniform administrative procedures of the industrialized buildings commission, a consumer may complain directly to a manufacturer for any alleged code violation.

However, the consumer may also submit complaints in writing to the division of community services.

Prior to submitting a complaint, the consumer should take every step possible to resolve problems with the manufacturer and indicate those efforts and results in the written complaint to the division of community services.

N.D. Admin. Code 108-02-01-14 Fees for state inspections of sited structures

If, as a result of a consumer complaint, the division of community services decides to arrange for an onsite inspection of an installed industrialized modular residential or commercial structure subject to these rules, the manufacturer will be responsible for paying all costs related to the inspection. For state inspections performed by the state plumbing board, state electrical board, or state fire marshal, the fees shall be paid according to their respective rates.

Article 108-03 Manufactured Home Installation Program

Chapter 108-03-01 Manufactured Home Installation Program

N.D. Admin. Code 108-03-01-01 History

In 2003 the legislative assembly created North Dakota Century Code section 54-21.3-08, to establish a manufactured home installation program. The law requires the division of community services to adopt rules establishing a manufactured home installation program for all manufactured homes built in accordance with the manufactured homes construction and safety standards under 24 CFR 3280, adopted pursuant to the Manufactured Housing Construction and Safety Standards Act [42 U.S.C. 5401 et seq.]. The law is in response to the 2000 Manufactured Housing Improvement Act that requires a state to have a manufactured home installation program, or to have the federal government impose an installation program.

In 2005 the legislative assembly amended North Dakota Century Code section 54-21.3-08, renaming it adoption of an installation program and providing a penalty.

N.D. Admin. Code 108-03-01-02 Scope

This administrative chapter pertains to the first-time installation of each manufactured home installed in North Dakota in a temporary or permanent location and which is designed and commonly used for occupancy by persons for residential purposes beginning July 1, 2006. Each installed manufactured home must display an insignia issued by the department of commerce division of community services, certifying that the home is installed in compliance with this chapter.

Temporary installations for the purpose of home display or office use which will be relocated to another location to use as a residence are exempted from this chapter.

N.D. Admin. Code 108-03-01-03 Definitions

1."Certified inspector" means an employee of a participating jurisdiction, individual, employee of a private firm, employee of a manufacturer, housing inspector, or a North Dakota licensed engineer or architect who has been approved by the division to perform or enforce installation inspections.

2."Conflict of interest" means when there is a personal or private interest sufficient to influence or appears to influence the proper exercise of duties and responsibilities.

3."Division" means the division of community services.

4."Insignia" means a certificate or label of installation issued by the division to indicate compliance with the manufacturer's installation instructions and this chapter.

5."Installation" means assembly, at the site of occupancy, of all portions of the manufactured home, connection of the manufactured home to existing utility connections that may not require licensing by other state agencies, and installation of support or anchoring systems, in accordance with the manufacturer's installation instructions or the alternate standards adopted in this chapter.

6."Installation authorization" or "installation permit" means a notice posted on the site of an installation indicating that the installer has authorization to install.

7."Installation committee" means the committee to assist in the development and implementation of the manufactured home installation program. Represented on the committee are the division of community services, two representatives from the North Dakota building officials association, two representatives from the North Dakota league of cities, and the board of directors of the North Dakota manufactured housing association.

8."Installer" means any person who attaches the manufactured unit sections together and ties the home to its foundation support and anchoring system.

9."Manufactured home" means a federal housing and urban development (HUD) labeled structure, transportable in one or more sections that, in its traveling mode, is eight body feet [2.44 meters] or more in width or forty body feet [12.19 meters] or more in length, or, when erected on site, is three hundred twenty or more square feet [29.73 square meters]; that is built on a permanent chassis; that is designed to be used as a dwelling; that may or may not have a permanent foundation; that is connected to the required utilities; and that contains the plumbing, heating, air-conditioning, and electrical systems; except that such term shall include any structure that meets the size requirements and for which the manufacturer has voluntarily filed a certification required by the secretary of housing and urban development and that complies with the manufactured home construction and safety standards.

NOTE: This definition should not be interpreted to include any type of recreational vehicle that may equal or exceed the body length or width specified herein.

10."Owner" means the owner of a manufactured home or property.

11."Participating jurisdiction" means a local government entity with a building code department which has agreed to administer and inspect manufactured housing installations within the legal and extraterritorial boundaries of the jurisdiction by employing or contracting with a certified inspector.

12."Registered installer" means an installer that has registered with the division and is in compliance with the manufactured home installation program requirements.

13."Standards" means the manufacturer's installation instructions or alternate federal standards adopted by the division. The division may issue interpretations of the standards to be followed during installations and inspections. A local jurisdiction may enact additional standards concerning unique public safety requirements, such as weight restrictions for snow loads or wind shear factors, but must provide these requirements in writing to the division of community services before enacting and enforcing them.

N.D. Admin. Code 108-03-01-04 Inquiries

Inquiries about this program may be addressed to:

Manufactured Home Installation Program Manager North Dakota Department of Commerce Division of Community Services 1600 East Century Avenue, Suite 2 Bismarck, ND 58503

N.D. Admin. Code 108-03-01-05 Administration

The administration of this program is the responsibility of the division of community services.

N.D. Admin. Code 108-03-01-06 Installers of manufactured homes - Registration

Manufactured home installers in North Dakota shall first register with the division. If any of the application information for the registered installer changes after issuance of the registration, the registered installer shall notify the division in writing within thirty days from the date of the change. A registration shall not be transferred nor assigned to another person.

At the time that an initial application for registration is filed, the following must be submitted:

1.Name of the installer and company;

2.Proof in the form of a copy of a valid driver's license or certificate of birth that the applicant is at least eighteen years of age;

3.Evidence from the applicant of attendance at training provided by the state or state-approved online course and passage of the North Dakota installation program examination at the next available training provided by the state;

4.Proof of contractor's liability insurance in an amount not less than two hundred fifty thousand dollars. This insurance policy shall contain a provision for the immediate notification of the division upon cancellation; and

5.A letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer in the amount of ten thousand dollars for the performance of installation pursuant to the manufacturer's installation instructions. A provision shall be included for the immediate notification of the division upon cancellation.

The application for registration as a manufactured home installer shall be submitted on a form provided by the division and shall be notarized and verified by a declaration signed under penalty of perjury by the applicant. The division shall make the application and declaration available for public inspection.

The registration period is from July first of each year through June thirtieth of the following year. All registrations expire on the same date of each year, whether or not the registration is issued for all or a portion of the registration period, and registration fees will be prorated based on the date of approval for registration. A registered installer will be required to attend training every three years provided by the state and pass the written test that is given every three years.

Persons employed by a registered installer, as well as persons employed by an entity employing a registered installer, are not required to register when performing installation functions under the direct onsite supervision of a registered installer. The registered installer shall be responsible for supervising all employees and for the proper and competent performance of all employees working under the registered installer's supervision.

Any registered installer seeking to renew registration shall, at the time of applying for renewal, provide proof of liability insurance and letter of credit, certificate of deposit, or surety bond to run concurrent with the registration period.

Registered installers shall allow and pay for periodic oversight inspections arranged by the division to monitor the installer's performance in complying with the program and registration requirements. The frequency of oversight inspections will be based on the findings of the inspections. The division may also arrange for the inspection of any manufactured home installation performed by a registered installer. This may also occur as the result of a consumer complaint.

N.D. Admin. Code 108-03-01-07 Installation by owner

A person who owns the manufactured home or the real property where the home is to be installed is not required to register as an installer if that person does that person's own installation but shall comply with all provisions of this chapter other than the registration provision.

A person who installs more than one manufactured home in any twelve-month period, either owned or on real property owned by such person, must register as an installer and shall comply with the registration provisions.

N.D. Admin. Code 108-03-01-08 City, county, or township requirements

A political subdivision may not issue a building or zoning permit for the first-time installation of a manufactured home to an unregistered installer. The political subdivision is required to report any such person attempting to obtain a permit to the division. Any building or zoning permit issued must contain the registration number of the installer issued by the division.

N.D. Admin. Code 108-03-01-09 Certified installer

Repealed effective July 1, 2020.

N.D. Admin. Code 108-03-01-10 Certified installation inspector

The division may authorize individuals to perform inspections and enforce the proper installation of manufactured homes. Enforcement shall include issuance of installation authorizations and permanent insignias certifying compliance with the manufacturer's installation instructions.

Applicants for certified installation inspector shall furnish written evidence of a minimum of six months of manufactured home installation experience or equivalent training or related experience or state of North Dakota professional licensing in engineering. Applicants must have attended training provided by the state and passed the installation program examination or passed a state-approved online course. Certified inspectors will be required to attend training every three years provided by the state and pass a written test that is given. The certification period is from July first of each year through June thirtieth of the following year.

All registrations expire on the same date of each year, whether or not the registration is issued for all or a portion of the registration period, and registration fees will be prorated based on the date of approval for registration as set in the policies and procedures.

The application for registration as a certified installation inspector must be submitted on a form provided by the division and must be notarized and verified by a declaration signed under penalty of perjury by the applicant. The division shall make the application and declaration available for public inspection.

If a local government entity has a building code department, the jurisdiction may make a written request to be the exclusive independent installation inspection agency within the jurisdiction's legal and extraterritorial boundaries as a participating jurisdiction. When approved, all manufactured home installation inspections will be made by that participating jurisdiction's certified inspector or by a certified inspector under contract to the jurisdiction. In the event of a consumer complaint, the division will make arrangements to conduct the complaint inspection within the participating jurisdiction. If a local government entity decides not to be a participating jurisdiction, its authority with respect to the installation of a manufactured home is limited to inspecting the construction of a permanent foundation for the home. It may not inspect the actual installation of the home.

A certified inspector shall not make inspections if the inspector has a conflict of interest that may affect the inspector's responsibility to make fair and impartial inspections.

A certified inspector and a participating jurisdiction with a certified inspector shall be authorized to issue an installation authorization and to purchase and affix insignias after the installation is completed and inspected. A certified inspector shall complete a monthly report of installation authorizations issued and insignias affixed.

Certified inspectors shall allow and pay for periodic oversight inspections arranged by the division to monitor installations that have been inspected to monitor the certified inspector's compliance with program requirements. The frequency of oversight inspections will be based on the findings of the inspections. The division may also arrange for the inspection of the installation of any manufactured home inspected by a certified inspector.

N.D. Admin. Code 108-03-01-11 Standards

Since this program pertains only to the first-time installation of a manufactured home, the primary standards are the specifications provided in the manufacturer's installation instructions. However, alternate standards developed by the federal department of housing and urban development and adopted by the state may also be utilized. Standards for construction of permanent foundations are the responsibility of the local jurisdiction in which a manufactured home is installed if it varies from the manufacturer's installation instructions. Variations may require approved engineered or architectural plans.

Nothing in this section shall preclude a local government from enacting standards for manufactured homes concerning unique public safety requirements as otherwise permitted by law.

From time to time the division, in consultation with the installation committee, may issue interpretations of the standards to be followed during the course of manufactured home installations and inspections.

N.D. Admin. Code 108-03-01-12 Inspection procedures

The division shall adopt a standard installation authorization form to be used statewide by the division and certified inspectors, a standard inspection form, and minimum inspection requirements.

Inspection forms shall be maintained for a minimum of three years from the date of the attachment of the installation insignia. The number of inspections required to be performed to determine compliance with the manufacturer's installation instructions or alternate standards adopted by the division will be determined by the inspector based on the inspector's ability to properly inspect all areas required on the minimum inspection requirements and the work performed by the registered installer. Generally, however, there will be a minimum of one inspection on a single-wide and two inspections on multisection homes.

Prior to beginning the installation of a manufactured home, the owner or registered installer of a manufactured home shall make an application for an installation authorization from a participating jurisdiction or certified installation inspector. The installation authorization is valid for thirty days from the date of issuance and may be extended for an additional thirty days upon written approval by the issuing entity.

Owners and registered installers shall display an installation authorization at the site of the manufactured home to be installed until an installation insignia is attached certifying compliance with the manufacturer's installation instructions. The authorization will contain the identity of the installer and owner, a telephone number and contact person, and whether or not the installer is the owner or a registered installer. The authorization will also include the name, address, and telephone number of the issuing entity.

During installation and inspection, a copy of the manufacturer's installation instructions or alternate standards shall be available at all times onsite. The installer shall be responsible to maintain the copy of the manufacturer's installation instructions onsite. If the manufacturer's installation instructions or alternate standards are not present at the time of the inspection, the inspector may fail the inspection and require a reinspection. All costs of the inspection and any reinspection will be borne by the installer.

The owner, installer, manufacturer, or retailer shall have the right to be present at any inspection.

When the installation of a manufactured home is found to be in compliance with the manufacturer's installation instructions or alternate standards, an insignia will be permanently attached by the inspector making the inspection. The insignia will be placed within sixty inches [152.4 centimeters] of the HUD label.

When a manufactured home installation is found not to be in compliance by a certified inspector with the manufacturer's installation instructions, the installer shall be notified in writing by the inspector.

At the time of the inspection, the inspector may include in the inspection report instructions for the installer to call for a reinspection at any stage of installation to prevent coverup of any part of the installation requiring reinspection by the inspector.

The installer shall pay for any repair required to bring the installation into compliance and shall pay for any subsequent inspections.

If an installation or subsequent repair of an installation by an installer fails to meet the manufacturer's installation instructions within the time limit allowed by the inspector, the inspector shall notify the installer that the installation is in default. The installer shall be given ten working days after notification of default to bring the installation into compliance. Any independent inspector that knows of an installation that is in default and has not been corrected by subsequent repair shall request that the division arrange for an investigation of the installation.

N.D. Admin. Code 108-03-01-13 Complaints

The division may cause to be investigated any complaint concerning the installation of a manufactured home filed in writing by an owner, dealer, manufacturer, installer, or certified inspector.

The division may designate a certified inspector or other qualified entity to make complaint inspections on behalf of the division. The initial costs of processing complaints will be paid through a fund established from a portion of the registration, certification, and insignia fees. If a complaint is determined to be valid, the installer and inspector must reimburse the division for the costs incurred investigating the complaint and any reinspections.

If a participating jurisdiction or a certified inspector finds an installation of a manufactured home to be in default, the jurisdiction or inspector shall file a written complaint with the division against the installer. Complaints received by telephone shall be confirmed in writing.

If the installation of a manufactured home fails the complaint inspection, the registered installer must make and pay for the repairs to bring the installation into compliance and the installer and inspector shall pay the costs associated with the complaint inspection and with any subsequent inspections. Failure of the installer to pay for repairs and failure of the installer and inspector subsequent inspections shall result in the revocation of registration and certification.

N.D. Admin. Code 108-03-01-14 Suspension or revocation

The division may permanently revoke or temporarily suspend the registration or certification of an installer or inspector.

Reasons for suspension include:

1.Failure to file each year and keep current, a letter of credit, certificate of deposit, or surety bond as required. License may be reinstated when bond is brought up to date.

2.Failure to file each year and keep current, the required liability insurance. License may be reinstated when insurance is brought up to date.

3.Failure to notify the division of changes in application information. License may be reinstated when information is corrected.

4.Failure to pay all assessed inspection fees. License may be reinstated when fees are paid in full.

5.Failure to make all required repairs that are needed to bring the installation into compliance with the manufacturer's installation instructions. License may be reinstated when all repairs are completed.

6.Failure to pass periodic oversight inspections. The installer has the opportunity to make needed repairs found during the oversight inspection. If the needed repairs are not made in the time allowed, the installer's license can be suspended.

7.Failure to pay all necessary training and registration fees. License may be reinstated when fees are paid in full.

8.Failure to file required monthly reports with correct information.

a.Inspectors may not purchase insignias if their reports are overdue.

b.License may be reinstated when reports are up to date.

Reasons for permanent revocation include:

1.Failure to correct any defects in the installation in the time period established by the division.

2.If there are multiple problems with homes found during oversight inspections or from complaints.

3.Multiple suspensions or problems caused by not following the rules.

The division shall track suspensions and revocations.

When the certification of a certified inspector is revoked, suspended, or not renewed, the certified inspector must immediately return to the division all unused installation insignias and the inspector will lose the right to purchase and install insignias.

N.D. Admin. Code 108-03-01-15 Appeal of revocation or suspension

A registered installer or certified inspector subject to revocation, suspension, or nonrenewal may appeal the revocation or suspension to the director of the division of community services. Further appeal may be heard under the procedures found in North Dakota Century Code chapter 28-32.

N.D. Admin. Code 108-03-01-16 Installation insignias

The division shall adopt a standard insignia to be used statewide indicating that a manufactured home is installed in compliance with the manufacturer's installation instructions.

The insignia shall include the name, address, and telephone number of the division, the date the installation was completed, and the name, address, telephone number, and registration number of the installer.

Insignias shall remain the property of the state of North Dakota and are not subject to refunds.

When an installation insignia is lost or damaged, the division must be notified in writing.

The division reserves the right to refuse to sell installation insignias to certified inspectors based on findings of noncompliance with this chapter until findings are resolved.

The possession of unattached insignias is limited to the division and certified inspectors. Insignias must be kept secure. If an inspector's certification is revoked or the certified inspector is no longer in business, any labels in their possession must immediately be returned to the division.

N.D. Admin. Code 108-03-01-17 Reports

The division will establish and maintain a system of databases and procedures for reporting. Each certified inspector must submit a monthly report accounting for insignias, both issued and on hand by serial number. The report is due by the fifteenth of the following month. A report is required even if no labels were issued during the month.

N.D. Admin. Code 108-03-01-18 Penalty

Any person who violates any provision of this chapter is guilty of a class A misdemeanor.

N.D. Admin. Code 108-03-01-19 Fees

The following nonrefundable fees apply:

1.Installer registration - $150 per year.

2.Nonparticipating jurisdiction certified inspector - $150 per year.

3.Participating jurisdiction certified inspector registration - $50 per year.

4.Installation insignia - $50 per label.

5.Oversight inspection - $250 per inspection.

6.Oversight reinspection fee - $125 to both the installer and the certified inspector.

7.Training registration - $50.

8.Training manual - $25.

9.Late registration fee - $25.

Certified inspectors may charge their own reasonable fees for conducting compliance inspections and reinspections.