North Dakota Administrative Code

The board charges the following fees: 1. For applications for initial licensure, one hundred dollars. 2. For a timely renewal of a current annual license, fifty dollars. 3. For renewal of an annual license which has expired within the last year, one hundred dollars. History: Effe…

A person who is licensed by the board shall display the license at the location of the licensee's principal place of employment. History: Effective April 1, 2002; amended effective July 1, 2022. General Authority: NDCC 43-39-02 Law Implemented: NDCC 43-39-02

A person licensed by the board may use the title "licensed athletic trainer" and the abbreviation "LAT". History: Effective April 1, 2002; amended effective July 1, 2022. General Authority: NDCC 43-39-02 Law Implemented: NDCC 43-39-02, 43-39-04

All complaints will be investigated and evaluated by the board. Complaints must be in writing and sent to the board. A complaint must state, at a minimum, the name or names of the person against whom the complaint is made and a brief explanation of the complaint. The complaint mu…

In addition to the causes for disciplinary action in North Dakota Century Code section 43-39-10, the board may take disciplinary action against an applicant or licensee if the applicant or licensee: 1. Is unfit or incompetent by reason of gross ignorance, negligence, habits, or o…

The disciplinary actions which may be taken by the board include: 1. Revocation of a license; 2. Suspension of a license, for any period of time; 3. Placing restrictions on the practice of a licensee; 4. Issuing a letter of reprimand to a licensee; 5. Placing a licensee on probat…

Applications for an initial license or renewal of a license must contain the current name and address of the applicant. If, for any reason, a change of name or address occurs, the applicant or licensee shall notify the board within thirty days of such change. History: Effective A…

North Dakota Century Code section 4-35-06.2 authorizes the board to accept funds received from expenses paid relating to the registration of pesticides. In attempting to recover funds, when possible, the board may receive royalties, license fees, or other intellectual property ri…

North Dakota Century Code section 4-35-06.2 authorizes the board to accept donations offered to or for the benefit of the board. If a person donates funds on the condition that such donations shall be allocated toward a specific purpose, such specific purpose must be within the s…

1. Application coversheet, including names and addresses of the applicant organization, principal contact, project title, specific funding request, and total project budget. 2. Executive summary, limited to two pages, summarizing the essential elements of the proposal and funding…

As used in this chapter: 1. "Agricultural commodity" means any distinctive type of agricultural, horticultural, vegetable, or animal product, including products qualifying as organic food products, bees, and honey. 2. "Board" means the crop protection product harmonization and re…

A minor use pesticide fund grant may be used for conducting or commissioning evaluations, studies, or investigations approved by the board to obtain or maintain a pesticide registration for a minor crop, minor use, or other use in North Dakota. These evaluations, studies, activit…

Applicants may obtain a minor use pesticide fund application form by contacting the board at the address listed in subsection 4 of section 107-01-01-01. Applicants must deliver or mail two copies of the application and any attachments to the board at the address listed in subsect…

Proposals will be evaluated upon a basis of one hundred possible points, according to the following criteria: 1. Relevance to areas of emphasis. Preference will be given to those proposals that rank high in importance to the state agricultural economy, to human health, and to the…

1. Funding level. Proposals are not limited to a specific dollar amount but the board's legislative appropriations are finite. The board reserves the right to increase or decrease the award based on its findings and on its level of available funds. 2. Funding period. Proposals ma…

As used in this chapter: 1. "Agriculture commodity group" means an organization whose members are primarily farmers or ranchers; which represents the interests of those persons producing a specific agricultural, horticultural, vegetable, or animal product; and which develops and …

The board administers a grant program through which an agriculture commodity group may apply for funds to be used by the group to address issues related to the registration of crop protection products. Special emphasis will be given to applications that seek funds to address harm…

To be eligible to receive a grant, an agriculture commodity group must submit a written application to the board at the address listed in subsection 4 of section 107-01-01-01. Each application must contain: 1. A request for a specific funding amount; 2. A specific explanation of …

[Reserved] 1

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 …

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 re…

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: Effective September 1, 2002…

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 enf…

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 co…

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…

Inquiries regarding the state building code may be addressed to: ADA/Building Code Manager Division of Community Services History: Effective September 1, 2002. General Authority: NDCC 54-21.3-03(1) Law Implemented: NDCC 54-21.3-03(1)

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 …

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. T…

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 adopt…

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 Nu…

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. History: Effective September 1, 2002. General Authority: NDCC 54-…

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. Eac…

The appendix chapters of the IBC, IRC, IMC, and IFGC are not part of the state building code unless specifically adopted. History: Effective September 1, 2002. General Authority: NDCC 54-21.3-03(1) Law Implemented: NDCC 54-21.3-03(1) 6…

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…

The administration of this program is the responsibility of the division of community services as a participating state under the industrialized buildings commission. History: Effective July 1, 2003. General Authority: NDCC 54-21.3-07 1 Law Implemented: NDCC 54-21.3-07…

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: Effective July 1, 2003; amended effective July 1, 2020. General Authority: NDCC 54-21.3-07 Law…

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, in…

This chapter is applicable to all modular residential and commercial structures intended for siting anywhere in North Dakota on or after July 1, 2003. History: Effective July 1, 2003. General Authority: NDCC 54-21.3-07 Law Implemented: NDCC 54-21.3-07

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…

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 th…

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 amen…

Repealed effective July 1, 2020.

Repealed effective July 1, 2020.

Repealed effective July 1, 2020.

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 indus…

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. 6 However, the consumer may also submit complaints in writing to the division of community servi…

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 rel…

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 manufactu…

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 inst…

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 installa…