reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-06 - Effective date of adoption of the state building code

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-03(1)
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
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-07 - Inquiries

Current through Supplement No. 393, July, 2024
Inquiries regarding the state building code may be addressed
				  to:
ADA/Building Code Manager
Division of Community Services
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-08 - Building code advisory committee

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-03(1)
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
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-09 - Updating and amending the state building code

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-10 - Voting

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-11 - Voting procedures

Current through Supplement No. 393, July, 2024
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 Residents
Number of Votes
1 - 999
1
1,000 - 4,999
2
5,000 - 9,999
3
10,000 - 29,999
4
30,000 - 49,999
5
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.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(2)
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-12 - Publication of amendments

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-13 - Limitations

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(2)
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-01 - North Dakota State Building Code › Chapter 108-01-01 - North Dakota State Building Code › Section 108-01-01-14 - Appendix chapters

Current through Supplement No. 393, July, 2024
The appendix chapters of the IBC, IRC, IMC, and IFGC are not
				  part of the state building code unless specifically adopted.
General Authority: NDCC 54-21.3-03(1)
Law Implemented: NDCC 54-21.3-03(1)
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-01 - History

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 54-21.3-07
Law Implemented:
NDCC 54-21.3-07,
					 54-21.4
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-02 - Administration

Current through Supplement No. 393, July, 2024
The administration of this program is the responsibility of
				  the division of community services as a participating state under the
				  industrialized buildings commission.
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-03 - Inquiries

Current through Supplement No. 393, July, 2024
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
General Authority:
NDCC 54-21.3-07
Law Implemented:
NDCC
					 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-04 - Scope

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-05 - Effective date

Current through Supplement No. 393, July, 2024
This chapter is applicable to all modular residential and
				  commercial structures intended for siting anywhere in North Dakota on or after
				  July 1, 2003.
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-06 - Applicability of state or local law

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-08 - Standards

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-09

Current through Supplement No. 393, July, 2024
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-10

Current through Supplement No. 393, July, 2024
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-11

Current through Supplement No. 393, July, 2024
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-12 - Uniform administrative procedures

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 54-21.3-07
Law Implemented:
NDCC
					 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-13 - Consumer complaints

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-14 - Fees for state inspections of sited structures

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-07
Law Implemented: NDCC 54-21.3-07
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-01 - History

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-08
Law Implemented: NDCC 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-02 - Scope

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-08
Law Implemented: NDCC 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-04 - Inquiries

Current through Supplement No. 393, July, 2024
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
General Authority:
NDCC 54-21.3-08
Law Implemented:
NDCC
					 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-05 - Administration

Current through Supplement No. 393, July, 2024
The administration of this program is the responsibility of
				  the division of community services.
General Authority: NDCC 54-21.3-08
Law Implemented: NDCC 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-07 - Installation by owner

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-08
Law Implemented: NDCC 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-08 - City, county, or township requirements

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-08
Law Implemented: NDCC 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-11 - Standards

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 54-21.3-08
Law Implemented:
NDCC
					 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-13 - Complaints

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 54-21.3-08
Law Implemented:
NDCC
					 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-14 - Suspension or revocation

Current through Supplement No. 393, July, 2024
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.
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-15 - Appeal of revocation or suspension

Current through Supplement No. 393, July, 2024
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.
General Authority: NDCC 54-21.3-08
Law Implemented: NDCC 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-16 - Installation insignias

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 54-21.3-08
Law Implemented:
NDCC
					 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-17 - Reports

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 54-21.3-08
Law Implemented:
NDCC
					 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-18 - Penalty

Current through Supplement No. 393, July, 2024
Any person who violates any provision of this chapter is
				  guilty of a class A misdemeanor.
General Authority: NDCC 54-21.3-08
Law Implemented: NDCC 54-21.3-08
North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-03 - Manufactured Home Installation Program › Chapter 108-03-01 - Manufactured Home Installation Program › Section 108-03-01-19 - Fees

Current through Supplement No. 393, July, 2024
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.
General Authority:
NDCC 54-21.3-08
Law Implemented:
NDCC
					 54-21.3-08
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-01 - General Administration › Chapter 109-01-01 - Organization of the Board › Section 109-01-01-01 - History and function

Current through Supplement No. 393, July, 2024
1. In
				1981 the legislative assembly established a peace officer standards and
				training board under the law enforcement standards training and statistics
				division of the office of attorney general. In 2003 the legislative assembly
				repealed the statutory provisions relating to the law enforcement standards
				training and statistics division and established separate statutory authority
				for the board.
2. The function of
				the peace officer standards and training board is to prescribe criteria for
				certification of peace officer training, instructors, and schools, to certify
				curriculum, schools, and officers that have met the training certification
				criteria, to establish curriculum for peace officer training, to prescribe
				minimum standards for sidearm training and licensing for peace officers, to
				issue peace officer licenses to persons who meet board-prescribed peace officer
				standards, training, and licensing requirements, and to take adverse license
				action for violations of state and federal laws and the rules of the
				board.
General Authority:
NDCC
					 28-32-02
Law Implemented:
NDCC
					 28-32-02
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-01 - General Administration › Chapter 109-01-01 - Organization of the Board › Section 109-01-01-02 - Board membership

Current through Supplement No. 393, July, 2024
1. The peace
				officer standards and training board consists of nine members, including the
				director of the law enforcement training center, six peace officers, one county
				government representative, and one city government representative.
2. With the exception of the director of the
				law enforcement training center, all members of the peace officer standards and
				training board must be appointed by the attorney general and serve staggered
				two-year terms.
3. Peace officers
				appointed by the attorney general may serve no more than three consecutive
				terms.
4. The attorney general
				shall appoint the chairman of the board.
5. The office of attorney general shall
				provide support staff to the board, including an employee to serve as the
				secretary to the board and as an ex officio nonvoting member of the
				board.
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC
					 12-63-01.1
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-01 - General Administration › Chapter 109-01-01 - Organization of the Board › Section 109-01-01-03 - Board meetings

Current through Supplement No. 393, July, 2024
The board meets quarterly and when called at the direction of
				  the board chairman.
General Authority: NDCC
					 28-32-02
Law Implemented: NDCC
					 28-32-02
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-01 - General Administration › Chapter 109-01-01 - Organization of the Board › Section 109-01-01-04 - Inquiries

Current through Supplement No. 393, July, 2024
1. All inquiries
				regarding the peace officer standards and training board may be addressed to
				the secretary of the board. All requests for hearings and for participating in
				rulemaking may be addressed to the secretary of the board, unless specific
				public notice provides otherwise.
2. Correspondence is to be addressed to the
				board as follows:
Secretary
Peace Officer Standards and Training Board
1720 Burlington Drive
Bismarck, ND 58504
or
P.O. Box 1054
Bismarck, ND 58502-1054
General Authority:
NDCC 12-63-04(2)(d)
Law Implemented:
NDCC
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-01.1 - Application of chapter to all licensees

Current through Supplement No. 393, July, 2024
The provisions of this chapter apply to all licensees and
				  officers who have been issued a license unless otherwise provided for in this
				  chapter.
General Authority:
NDCC 12-63-02.1(7),
					 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.1, 12-63-02.3,
					 12-63-04
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-02 - Criminal history background investigation required

Current through Supplement No. 393, July, 2024
1. The agency shall conduct a criminal
				history background investigation when the agency hires or appoints an
				individual to perform officer duties by submitting a complete set of the
				individual's fingerprints and all other information necessary to complete a
				state and nationwide criminal history record check with the bureau of criminal
				investigation. The agency shall file verification of the completed criminal
				history background investigation and results on a form provided by the board.
2. A school shall conduct a
				criminal history background investigation on each enrollee in the school,
				unless the enrollee has a limited license or is attending the law enforcement
				training center by submitting a complete set of the enrollee's fingerprints and
				all other information necessary to complete a state and nationwide criminal
				history record check with the bureau of criminal investigation.
General Authority:
NDCC 12-63-02.1(7),
					 12-63-02.3(5), 12-63-04(2)(d)
Law Implemented:
NDCC 12-63-02.3,
					 12-63-04(1)(a), 12-63-06(3)
North Dakota Administrative Code › Title 109 - Peace Officer Standards and Training Board › Article 109-02 - Peace Officer Standards › Chapter 109-02-01 - General Provisions › Section 109-02-01-03 - Minimum license requirements

Current through Supplement No. 393, July, 2024
An applicant for an officer license and all licensees:
1. Must be a United States citizen, or in
				resident alien status, as defined by United States citizenship and immigration
				services laws and regulations.
2.
				Must be a high school graduate, have a high school equivalency diploma, or have
				a GED certificate.
3. Must not have
				pled guilty to, pled nolo contendere to, or have been found guilty, in any
				state or federal court, of any felony offense.
4. Must not have pled guilty to, pled nolo
				contendere to, or have been convicted in any state or federal court of offenses
				involving moral turpitude, sexual violations, domestic violence, violation of a
				domestic violence restraining order, child abuse or neglect, firearms under
				North Dakota Century Code title 12.1 or 62.1, or any other criminal offense the
				board determines has a direct bearing on the applicant's or licensee's ability
				to serve as an officer.
5. Must not
				be prohibited from using or possessing a firearm.
6. Must have a valid driver's license issued
				in the United States.
7. Must have
				undergone a criminal history background investigation by the employing agency
				and have fingerprint clearance from the North Dakota bureau of criminal
				investigation and the United States department of justice federal bureau of
				investigation.
8. Must have passed
				a medical examination and psychological examination. The psychological
				examination must be administered by a board-approved psychological provider.
				Only physicians, osteopathic physicians, nurse practitioners, and physician
				assistants are authorized to administer medical examinations for the board. The
				psychological and medical examinations remain valid for one year from the
				examination date.
9. Must be
				employed or appointed as an officer by an agency.
10. Must not be prohibited from access to
				national crime information center and criminal justice information sharing
				databases.
11. Must not have been
				dishonorably discharged or administratively discharged from United States
				military service for conduct that would be in violation of the officer code of
				conduct.
12. Must be in good
				standing with all applicable law enforcement licensing authorities.
13. Must pass the use of force examination
				and meet the sidearm qualification standards.
General Authority:
NDCC 12-63-02.1(7),
					 12-63-02.3(5), 12-63-04(2)(d), 12-63-06, 12-63-12(2)
Law Implemented:
NDCC 12-63-02.1, 12-63-02.3,
					 12-63-04, 12-63-12