S.D. Admin. R. 10:09:03:01

Current through Register Vol. 51, page 67, December 16, 2024

Section 10:09:03:01 - Terms and conditions for granting waivers

. OSE may waive high performance building standard certification for any of the following circumstances:

(1) Twenty or fewer persons will permanently occupy the building in a 24 hour period;

(2) A 15-year payback cannot be met as defined in § 10:09:04:01;

(3) If the building is listed on the national register of historic places and reasonable justification is given to indicate that achieving a high-performance green building standard will significantly impair the original architectural intent of the building;

(4) Less than fifty percent of the total square footage of the building is planned to be renovated within a three-year period; or

(5) Extenuating circumstances may include:

(a)

Special use building projects;

(b) Temporary use state building projects; and

(c) Other circumstances that may prohibit high performance building construction or to contrary to the best interest of the State of South Dakota.

S.D. Admin. R. 10:09:03:01

34 SDR 323, effective 7/3/2008; 41 SDR218, effective 6/30/2015.

General Authority: SDCL 5-14-38.

Law Implemented: SDCL 5-14-34, 5-14-38.