Permitting Authorities / City of Brandon, South Dakota - Planning and Inspection Department

City of Brandon, South Dakota - Planning and Inspection Department

Adopted code

The permitting authority for the City of Brandon, South Dakota, a Sioux Falls metro city in Minnehaha County. South Dakota imposes no statewide residential building code - SDCL 11-10-12 lets a municipality enact residential requirements by adopting a named edition of the International Residential Code, and the statewide default at SDCL 11-10-6 expressly does not reach residential structures - so the rules here are city-set. Brandon requires a building permit for a reroof, licenses its residential building contractors and tests them on the building codes, and is the one jurisdiction in this South Dakota group whose two published sources name different code editions; both are reported below rather than one being chosen.

Jurisdiction
City of Brandon, Minnehaha County, South Dakota
Jurisdiction type
city
Address
Brandon, SD
Contact
  • url: https://cityofbrandon.org/inspections
  • phone: 605-582-8987
  • address: 304 Main Ave., P.O. Box 95, Brandon, SD 57005
Roofing permit required
Required
Contractor registration required
Required
Registration details
  • license: TWO SEPARATE REGISTRATIONS APPLY, one municipal and one statewide. THE CITY LICENCE, AND BRANDON EXAMINES FOR IT. The City states the rule on its own Contractors List and Licensing page: "Residential Contractors doing business in Brandon are required to obtain a Residential Building Contractor's License from the City of Brandon." Brandon City Code Chapter 6-2 provides that "Except as otherwise provided herein, no person shall undertake, or offer to undertake building contracting until the person obtains a building contractor's license," and the licence is enforced at the permit counter by Ordinance #653's amendment to R105.1: "Exclusive of a homeowner, no person or firm shall be issued a building permit for residential building defined as owner-occupied one- and two-family dwellings, including accessory garages, until that person or firm has been issued a residential contractor's license required by this chapter and City Ordinance # 6-2." READ THE DEFINITION, BECAUSE THE TRIGGER IS PERMIT-LINKED. Chapter 6-2 defines the activity as "the enlargement, alteration, repair, improvement, conversion, or new construction of any single, two, or three family dwelling or any accessory building or structure for which a building permit is required." In Brandon the licence question and the permit question are therefore the same question, and because a reroof needs a permit here, a roofer needs the licence. WHAT THE APPLICATION TAKES, all from Chapter 6-2: a written examination on the building codes, and "Applications cannot be processed until an examination, indicating knowledge of the building codes, has been taken, passed, and all documents and fees have been submitted. Examinations will be provided and administered by the City of Brandon." A Sioux Falls licence substitutes for that examination - "Presentation of a current valid contractors license issued by the City of Sioux Falls can be used in lieu of an examination." Also required: a $10,000 continuous compliance bond with the contractor as principal and the City as obligee, written by a corporate surety authorised in South Dakota; liability insurance of at least $100,000 "or a sum of 10% of the cost of the work to be preformed on each project, as determined by the building permit"; and "A valid South Dakota contractor's excise tax license number is required on all applications." Licences are annual and expire on 31 December whatever their issue date; renewal in good standing needs no re-examination but does require continuing education set by Council resolution. Exempt from the licence: employees and bona fide subcontractors working under a licensed contractor; the owner of an owner-occupied dwelling or an immediate family member, defined as child, step child, parent, step parent, sibling, uncle, aunt, grandchild or grandparent; a landlord acting as his own contractor; and a builder of a commercial building in a B-1 or higher zoning district. (Ord. No. 402, 4/20/07; Ord. No. 428, 10/09/08; Ord. No. 515, 5/20/14.) THE STATE REGISTRATION IS A TAX LICENCE, NOT A COMPETENCY LICENCE. South Dakota licenses no roofing or general contractor - SDCL Title 36 has chapters for electricians, plumbers, technical professions and home inspectors and none for contractors or roofing - but SDCL 10-46A-15 provides that "Every contractor or person engaging in a business in this state whose receipts are subject to tax under this chapter shall file with the Department of Revenue an application for a contractor's excise tax license," and SDCL 10-46A-12.1 requires that "A contractor shall post his excise tax license number with the building permit for a realty improvement project." So the competency test in Brandon is the City's examination, and the state number is a revenue registration.
Permit process note
A reroof needs a building permit in Brandon. Ordinance #653's amendment to R105.1 is the operative rule: "Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. The building official may exempt permits for minor work." The exemption list at R105.2 is closed and roofing is not on it: it covers children's playhouses under 96 square feet, gutters and downspouts, retaining walls under 4 feet, water tanks, painting and papering and tiling and carpeting and cabinets and counter-tops, prefabricated pools under 24 inches, swings and playground equipment, window awnings, and drain-tile work. Brandon's list exempts neither roofing nor siding, so there is none of the usual ambiguity about a list that names siding and omits roofing. NO DOLLAR THRESHOLD APPLIES TO ROOFING, and one figure in the ordinance looks like one and is not: R314.2.2 and R315.2.2 attach a $1,000 valuation test to smoke alarm and carbon monoxide alarm upgrades, and both carry an express exception for "Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding." That is a trigger for alarm upgrades and an exemption from them; it is neither a permit threshold nor a permit exemption. The residual discretion in R105.1 - "The building official may exempt permits for minor work" - carries no stated threshold, so confirm a very small repair with the Building Department rather than assuming it. Contact the Planning and Inspection Department at 304 Main Ave., P.O. Box 95, Brandon SD 57005; the Building Department line is 605-582-8987 and City Hall is 605-582-6515. Electrical work is inspected by the State of South Dakota rather than the City, while plumbing is retained by the City's own Plumbing Official. A contractor must hold a City of Brandon residential building contractor's licence before a permit will issue, and must post its South Dakota contractor's excise tax licence number with the building permit under SDCL 10-46A-12.1. Statewide since 2026-07-01, SDCL 11-10-15 bars any South Dakota municipality from requiring a permit for repair or substantially similar replacement of a door, downspout, fascia, fencing panel or post, gutter, nonstructural siding, soffit or window on a detached single-family owner-occupied home, so a gutter-only or fascia-only job needs no permit here; roof covering is not on that statutory list.
Adopted code
TWO CITY SOURCES NAME DIFFERENT EDITIONS, AND BOTH ARE REPORTED HERE RATHER THAN ONE BEING CHOSEN. THE CODIFIED CHAPTER SAYS 2024. Brandon City Code Chapter 4-1, Adoption of National Code, reads: "There is hereby adopted by the City of Brandon for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures including permits and penalties, the certain codes known as the: 2024 International Residential Code (and amendments); 2024 International Existing Building Code (and amendments); 2024 International Building Code (and amendments); 2024 Property Maintenance Code, (and amendments), 2024 International Pool and Spa Code (and amendments), 2024 Uniform Plumbing Code (and amendments). The following will be adopted in their entirety without amendments: 2023 National Electrical Code, 2024 International Mechanical Code, 2024 International Fuel/Gas Code 2024 International Fire Code." That chapter's own legislative history ends "Ordinance #653, 2/2/22 ... Ordinance #760, 7/01/26," so Ordinance #760 of 1 July 2026 is the instrument that moved Brandon from the 2021 editions to the 2024 editions. THE CITY'S AMENDMENT LIBRARY STILL PUBLISHES ONLY THE 2021 SET. The City's Adopted Revisions to Building Codes page offers four amendment documents, all titled for the 2021 editions, and says of them: "These are just the amendments to the Building Code! For the full Building Code call or visit the Building Department. They can be reached at 605-582-8987." The residential one is Ordinance #653, adopted 2 February 2022 and effective the same day, whose own text reads "The minimum building standards in the 2021 edition of the International Residential Code and amendments thereto shall be applied to any building permit issued after February 1, 2022." So Brandon has adopted the 2024 International Residential Code while the only amendment set it publishes is the 2021 one, and what the City's local amendments say under the 2024 editions is not yet published. Call the Building Department on 605-582-8987 before relying on either branch for a specific job. A corroborating currency signal sits inside the same codified chapter: its demolition subsection still opens "The 2012 International Building Code is hereby amended as follows," so Chapter 4-1 carries at least three vintages at once. WHICH TRADES THE CITY KEEPS. Ordinance #653 splits administration at sections R102.5.1 to R102.5.7: "R102.5.1 Electrical. The term ICC Electrical Code shall mean the 2020 National Electrical Code as adopted by the State of South Dakota. The electrical code shall be administered by the State of South Dakota," with gas, mechanical, fire and energy likewise administered by the State - but plumbing is the exception, "R102.5.4 Plumbing. The 2018 Uniform Plumbing Code shall be administered by the City of Brandon. The Plumbing Code shall be administered by City of Brandon's Plumbing Official." STATE FRAME. SDCL 11-10-12 has named the 2024 IRC since 2026-07-01 and named the 2021 IRC from 2022-07-01 until then, which is consistent with both of Brandon's dates. The same section provides that a municipality "may not require the installation of a sprinkler system in a residential structure or impose any requirements that are more stringent than the requirements in the 2024 edition of the International Residential Code"; South Dakota attaches no sanction to that limit and designates no body to review a local ordinance against it, so the City's published rules are stated here as the City publishes them.
Drip edge
Required — BASE-CODE GOVERNED, AND THE CITY DOES NOT AMEND IT. Brandon adopts the 2021 or 2024 International Residential Code, and its amendment list does not touch the drip-edge provision. IRC Section R905.2.8.5, Drip edge, reads in full: "A drip edge shall be provided at eaves and rake edges of shingle roofs. Adjacent segments of drip edge shall be overlapped not less than 2 inches (51 mm). Drip edges shall extend not less than 1/4 inch (6.4 mm) below the roof sheathing and extend up back onto the roof deck not less than 2 inches (51 mm). Drip edges shall be mechanically fastened to the roof deck at not more than 12 inches (305 mm) o.c. with fasteners as specified in Section R905.2.5. Underlayment shall be installed over the drip edge along eaves and under the drip edge along rake edges." THE ANSWER DOES NOT TURN ON WHICH EDITION GOVERNS: that section was read in the 2018, 2021 and 2024 editions and its text is word-for-word identical in all three. South Dakota supplies no competing rule - SDCL 11-10-6's statewide default expressly does not apply to any residential structure, so there is no state residential amendment to displace the adopted edition, and SDCL 11-10-12 lets a municipality adopt the named IRC edition but not impose requirements more stringent than it. The drip-edge requirement here is therefore the adopted code's own, not a local addition. That robustness matters here: Brandon's codified chapter and its published amendment page name different editions, and the drip-edge answer survives that unresolved conflict unchanged. About drip edge
Ice & water shield
Required — Required. Brandon fills in IRC Table R301.2(1), Climatic and Geographic Design Criteria, and its entry for "Ice barrier underlayment required" is "Yes". Because Brandon amends no section of the roofing chapter, the base code attaches to that entry unmodified: 2021 IRC R905.1.2 makes the ice barrier mandatory in jurisdictions where Table R301.2(1) so indicates, and the model footnote Brandon reproduces states the test the City was answering - "where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with 'YES.' Otherwise, the jurisdiction shall fill in this part of the table with 'NO.'" Brandon answered YES. The rest of the City's filled table, from the same amendment: ground snow load 40 psf; seismic design category A; weathering severe; frost line depth 42 inches; termite slight to moderate; winter design temperature -11 degrees F; air freezing index 3,000; mean annual temperature 46 degrees F. One cell of that table was plainly adapted from a neighbouring city and has not been corrected: the flood hazards entry reads "Sioux Falls entered the regular phase of the National Flood Insurance Program on September 17, 1979," naming Sioux Falls rather than Brandon. It does not touch any roofing value, but it is a reason to confirm an unusual design figure with the Building Department on 605-582-8987 rather than reading it off the table alone. About ice & water barrier
Mid-roof inspection
Not required — No mid-roof, dry-in, sheathing or in-progress roofing inspection exists as a stage distinct from the City's other stages, and this rests on an affirmative enumeration rather than on silence. Ordinance #653 amends IRC section R109 into exactly five inspection provisions: R109.1.1 footing; R109.1.2, which reads "Electrical systems inspections shall be made by the State of South Dakota"; R109.1.3 floodplain; R109.1.4 frame; and R109.1.6.1 elevation documentation. The frame inspection is expressly taken after the roof is on: "R109.1.4 Frame inspection. Inspection of the framing shall be made after the roof, all framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete." So the roof is covered within the frame inspection rather than at a separate roofing stage. This is established on the City's published 2021 amendment set; Brandon has not published an amendment set for the 2024 editions its codified Chapter 4-1 now adopts.
Impact-resistant roofing
Not required — No impact-resistant roof covering is required in Brandon. Measured across the whole of Ordinance #653, the City's published set of local amendments to the residential code, "UL 2218", "FM 4473", "Class 4" and "Class IV" each occur zero times, and neither the base 2021 International Residential Code nor the base 2024 edition imposes an impact-resistance requirement of its own. Nothing from the fire family or the wind family of standards was read across into this answer - an impact rating, a fire classification and a wind classification test three different things, and only a genuine impact standard can support an impact requirement. The limit of this negative should be stated plainly: it covers the 2021 amendment set the City publishes plus both base editions, and Brandon has not published an amendment set for the 2024 editions adopted by Ordinance #760. A homeowner may still choose an impact-rated product for an insurance discount, which South Dakota hail insurers commonly offer, but the City does not require one.
Wind design criteria
115 mph, and THE CITY DOES NOT STATE WHICH WIND SPEED SCALE THAT IS. The figure comes from Brandon's own completed IRC Table R301.2(1), which carries "115" in the wind speed column, together with topographic effects "no", special wind region "no" and windborne debris zone "no". The surrounding footnote Brandon reproduces from the model code says only that the jurisdiction fills in "the wind speed from the basic wind speed map", and no amendment anywhere in Ordinance #653 labels the figure ultimate or nominal. THAT MATTERS BECAUSE THE TWO SCALES ARE NOT INTERCHANGEABLE: an ultimate design wind speed and a nominal or basic wind speed differ by a factor of the square root of 0.6, so 115 mph ultimate corresponds to about 89 mph nominal and handing one figure to a method or a product listing that expects the other misstates the load by roughly 29 percent. Neighbouring South Dakota cities publish different figures on different footings - nearby Harrisburg publishes 112 mph and likewise states no basis, while Box Elder publishes 115 mph and says on the face of its ordinance that the figure is ultimate. Those are not in conflict and must not be averaged or reconciled; each is that city's own published value. For a Brandon job, confirm the basis with the Building Department on 605-582-8987 before sizing a fastening schedule or selecting a shingle wind classification. Ground snow load from the same table is 40 psf.
Roof layer limit / recover
Two layers maximum - one overlay is permitted and a second existing layer forces a tear-off to the deck. This answer survives Brandon's 2021 versus 2024 edition question, which is why it can be stated while the adopted edition cannot be resolved. Brandon amends no re-cover or overlay provision at all: measured across the whole of Ordinance #653, "R908" occurs zero times, "R907" occurs zero times and "R903" occurs zero times, and the only occurrences of "R905" are inside the reproduced footnotes to Table R301.2(1). Both candidate editions carry the identical bar. The 2021 International Residential Code states it at R908.3.1.1: "Roof recover not allowed. A roof recover shall not be permitted where any of the following conditions occur: 1. Where the existing roof or roof covering is water soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing. 2. Where the existing roof covering is slate, clay, cement or asbestos-cement tile. 3. Where the existing roof has two or more applications of any type of roof covering." The 2024 edition restructured the section and carries the same three conditions inside an unnumbered "Exceptions" block under R908.4, so the layer rule is unchanged either way. What is NOT settled by this is what Brandon's own amendments to the 2024 editions will say, because the City has not published them.
Sales & use tax
THERE IS NO SALES TAX ON A ROOFING CONTRACT IN SOUTH DAKOTA, and the number that governs is the 2% contractors' excise tax. SDCL 10-45-12.1 exempts "construction services (division C) except industry no. 1752 and locksmiths and locksmith shops" from the retail sales tax, and SDCL 10-46A-1 puts the work into a different tax instead: "There is imposed an excise tax upon the gross receipts of all prime contractors engaged in realty improvement contracts, at the rate of two percent." SDCL 10-46A-3 sets the base wide: the tax "applies to the total contract price including all labor and materials," and materials "include those purchased by the contractor and those purchased by the person who let the contract or his designee," so a homeowner who buys their own shingles does not shrink the excise base. Roofing is inside that tax by a three-step chain rather than by any Department of Revenue statement naming the trade: SDCL 10-46A-2 subjects contractors "enumerated in the Standard Industrial Classification Manual of 1987 ... construction (division c)", ARSD 64:07:01:01.01 provides that "The gross receipts resulting from the services performed by a contractor listed in Division C of the SIC manual are subject to the contractor's excise tax, whether or not the results of such services constitute a fixture," and SIC Division C contains industry 1761, "Roofing, Siding, and Sheet Metal Work." BILL IT AT 2.041%, NOT 2%. The excise is charged on gross receipts and the tax collected from the customer is itself part of those receipts, so a flat 2% under-collects. The Department of Revenue's own remedy, in its Contractor's Excise Tax Guide of July 2026: "a bid factor of 2.041% may be used to calculate the excise tax when preparing a bid or bill ... Only use this factor to prepare a bid or bill. A straight 2% is used when calculating tax due on the excise tax return." MATERIALS ARE TAXED SEPARATELY AND IN ADDITION. ARSD 64:07:01:13 makes the contractor the consumer of its own materials and bars buying them for resale, so a Brandon roofer pays 4.2% state tax plus the City's 2.00% municipal tax, a combined 6.2%, on the materials it buys, as a cost of goods rather than a line on the customer's bill. The municipal rate follows where the material is used rather than where it was bought, so buying outside the city limits and installing inside them leaves the 2% owed as use tax on the excise return. Brandon's 2% municipal retail sales and service tax is Chapter 11-1 of the City Code (Ord. No. 336, 10/17/03). TWO FIGURES A ROOFER SHOULD NOT ADD TO AN INVOICE. The 1% municipal gross receipts tax that sits beside the sales tax on the state rate chart, and which Brandon levies at Chapter 11-4 (Ord. No. 319, 3/6/02), does not reach construction - SDCL 10-52A-2's enumeration is closed and covers lodging accommodations, alcoholic beverages, prepared food for immediate consumption and ticket sales or admissions only, and the Department of Revenue's table has exactly those four columns and no construction column. The 1.5% tourism tax is likewise a visitor-industry levy. Adding either to a roofing bill overcharges the customer. Note also that the City's own website labels Chapter 11-4 the "3rd cent" tax, which is misleading: its text is the lodging, alcohol, prepared food and admissions tax, not a third cent of general sales tax. Brandon levies no municipal tax on realty improvement contracts at all - Title 11 was read in full and contains no chapter of that kind. South Dakota has no county sales tax, so there is no county component to get wrong; the per-address hazard here is the city limit instead, and it is a live one in Brandon, which is surrounded by unincorporated Minnehaha County land where no municipal tax applies. ONE DATE TO DIARY: the 4.2% state rate is a temporary reduction under HB 1137 of 2023 (SL 2023 ch 32) and reverts to 4.5% on 1 July 2027, which is already codified as a second, future-dated version of SDCL 10-45-2. Material cost in Brandon goes from 6.2% to 6.5% that day; the 2% excise is not changing. Rates read from the Department of Revenue's municipal tax schedule for the period effective 1 July to 31 December 2026; South Dakota municipal rates may change only on 1 January or 1 July (SDCL 10-52-9).

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