Electrical

SDCL 36-16-23 — Reciprocal licenses to electricians from other states.

To the extent that other states which provide for the licensing or registering of electricians provide for similar action, the State Electrical Commission may grant a license of the same grade or class to electricians registered or licensed by other states, upon payment by the applicant of the required fee, after being furnished with proof that the qualifications of the applicant are equal to the qualifications of the holders of a similar license in South Dakota.

SDCL 36-16-14 — Contractor license required for installation of wiring or parts--Farm and residential wiring by Class B electrician.

No contract, agreement, or understanding with another for the installation of electrical wiring or the installation of electrical parts of other apparatus shall be entered into by anyone not an electrical contractor. Provided, however, that a Class B electrician, as defined in § 36-16-2, is authorized to enter into a contract, undertaking, or agreement for the installation of electrical wiring and his authority under the contract, undertaking or agreement is limited to the installation of farm electrical wiring, residential electrical wiring, the installation of electrical equipment, appliances and apparatus, in relation to said farm and residential wiring.

SDCL 36-16-2 — Definition of terms.

(a)    Is a graduate of a recognized electrical school as approved by State Electrical Commission rules and has a total of four years of experience in electrical work, excluding school experience, or

(b)    Has at least six years of practical experience in electrical wiring.

A qualified inspector may be issued an electrical contractor's license if the qualified inspector pays the necessary fees as set forth in this chapter;

(5)    "Journeyman electrician," a person having the necessary qualifications, training, technical knowledge and at least four years of experience in wiring, installing, and repairing electrical apparatus and equipment in accordance with the standard rules established by the State Electrical Commission;

(6)    "Maintenance electrician," a person working under a maintenance electrician's license of a public entity, firm, partnership, limited liability company, or corporation;

(7)    "501(d) electrician," a person having the necessary qualifications, training and technical knowledge in wiring, installing, and repairing electrical apparatus and equipment in accordance with the administrative rules promulgated by the State Electrical Commission, pursuant to chapter 1-26. A 501(d) licensee is restricted to wiring on 501(d) properties within the State of South Dakota. 501(d) is the reference to the federal internal revenue code that provides the exemption for a religious or apostolic association or corporation.

SDCL 36-16-1 — License required to engage in electrical contracting--Purpose of regulation--Noncompliance as misdemeanor.

Any person, firm, partnership, limited liability company, or corporation engaged, or offering to engage, in business as an electrical contractor as defined in § 36-16-2 or any person performing the work as defined in this chapter, shall obtain a license from the State Electrical Commission before any person may undertake and perform such work to the end that any such work will be safely and properly installed in accordance with approved standards for such work. It is a Class 2 misdemeanor for any person, firm, partnership, limited liability company, or corporation to engage in such business or such work unless the provisions of this chapter are complied with.

SDCL 36-16-21 — Apprentice registration--Fee--Supervision of work.

An apprentice shall register with the State Electrical Commission. The State Electrical Commission may promulgate rules, pursuant to chapter 1-26, to establish and collect a biennial registration fee not to exceed twenty dollars. Biennial fee requirements apply in even-numbered years. The apprentice may not be allowed to work on an installation without personal supervision.

SDCL 36-16-13 — License required--Examination--Application--Fees.

Any person, partnership, company, corporation, or association that for a fixed sum, price, fee, percentage, or other consideration, undertakes or offers to undertake with another to plan, lay out, supervise, install, make additions, make alterations, or make repairs, in the installation of wiring, apparatus, or equipment for electric lights, heat, or power, shall be licensed by the State Electrical Commission. The commission shall issue a license to a qualified person under this section in the class defined under § 36-16-2 for which the person applies after successful completion of the examination required by the commission.

The commission shall promulgate rules, pursuant to chapter 1-26, establishing fees for the examination and the application required under this section. The commission may charge, or may authorize a third party that administers the examination to charge, each person an examination fee not to exceed one hundred fifty dollars per examination or reexamination. The application fee may not exceed one hundred dollars per occurrence.

SDCL 36-16-13.2 — Issuance of license to public entities.

The State Electrical Commission may issue a maintenance electrician's license to a public entity, firm, partnership or corporation. The maintenance electrician license shall be limited to electrical maintenance work, as defined by electrical commission rules, performed at the public entity, firm, partnership or corporation property. The license shall be issued according to rules adopted by the State Electrical Commission.

SDCL 36-25-14 — Administration of chapter--Promulgation of rules by commission.

The State Plumbing Commission shall administer the provisions of this chapter and may, in compliance with chapter 1-26, promulgate rules establishing the educational, training, and examination requirements required of applicants for a plumbing contractor's license, plumber's license, plumber's apprentice license, water conditioning plumbing contractor's license, water conditioning plumbing installer's license, water conditioning plumbing apprentice license, appliance plumbing contractor's license, appliance plumbing installer's license, appliance plumbing apprentice license, sewer and water plumbing contractor's license, sewer and water plumbing installer's license, sewer and water plumbing apprentice license, manufactured and mobile home contractor's license, manufactured and mobile home installer's license, manufactured and mobile home apprentice license, underground irrigation contractor's license, underground irrigation installer's license, underground irrigation installer apprentice license, and individual and small on-site wastewater system installer license.

SDCL 36-25-19 — Application for license--Promulgation of rules--License types--Fees for application, verification, examination, and renewal.

A person may apply for a license required by this chapter to the commission, accompanied by an initial application fee established by the commission under this section. The commission shall license a person who satisfactorily passes an examination showing fitness to practice the person's trade.

The commission shall promulgate rules, in accordance with chapter 1-26, to establish initial application fees, examination and reexamination fees, license and renewal of license fees, and license verification fees for the following licenses:

(1)    Appliance contractor;

(2)    Appliance installer;

(3)    Individual and small on-site wastewater system installer;

(4)    Manufactured and mobile home contractor;

(5)    Manufactured and mobile home installer;

(6)    Plumber;

(7)    Plumbing contractor;

(8)    Sewer and water contractor;

(9)    Sewer and water installer;

(10)    Underground irrigation contractor;

(11)    Underground irrigation installer;

(12)    Water conditioning contractor; and

(13)    Water conditioning installer.

No fee established under this section for an initial application may exceed sixty dollars. No fee established under this section for license verification may exceed thirty dollars. No fee established under this section for an examination or reexamination may exceed one hundred dollars. No fee established under this section for a license or renewal of license may exceed three hundred dollars.

SDCL 36-16-17 — Licenses--Biennial fees.

The State Electrical Commission shall promulgate rules, pursuant to chapter 1-26, to establish and collect biennial fees for licenses. The class of electricians who may be licensed under this chapter, and biennial fees required to be paid for the license, may not exceed the following:

(1)    Electrical contractor: biennial license fee, two hundred dollars;

(2)    Journeyman electrician: biennial license fee, eighty dollars;

(3)    Class B electrician: biennial license fee, two hundred dollars;

(4)    Electrical inspector: biennial license fee, one hundred twenty dollars;

(5)    Inactive Class B electrician, inactive electrical contractor, inactive 501(d) electrician, or inactive journeyman electrician: biennial license fee, eighty dollars;

(6)    Maintenance electrician: biennial license fee, one hundred twenty dollars;

(7)    501(d) electrician; biennial license fee, one hundred twenty dollars.

Before a license is granted to any applicant and for the biennial renewal of such license the applicant shall pay to the treasurer the fee required for the class of license applied for.

SDCL 36-16-20 — Undertaking and insurance required of contractor or Class B electrician--Initial and renewal deposit--Disbursement from fund--Waiver.

Before receiving a license as an electrical contractor or as a Class B electrician, an applicant shall execute and deposit with the State Electrical Commission an undertaking in the sum of ten thousand dollars, and a public liability insurance policy in a sum of not less than one hundred thousand dollars per occurrence and three hundred thousand dollars aggregate limit for bodily injury and property damage insurance with limits of not less than twenty-five thousand dollars per occurrence or a combined single limit of three hundred thousand dollars, or security approved by the commission in a sum equal to that amount, conditioned for the faithful performance of all electrical work undertaken by the electrician and the strict compliance with all the provisions of this chapter and the requirements of the commission. The required undertaking and liability insurance shall be in force at all times with certificates of insurance on file in the commission office. No electrical contractor or Class B electrician licensed under the provisions of this chapter need furnish any additional undertaking for municipal license as such contractor or electrician. In the case of a partnership or corporation, the licensed person is exempt from insurance or undertaking requirements if the employer satisfies the requirements. In addition, a deposit shall be made with the commission in the amount of fifty dollars at the time of the execution of the undertaking and biennially at the time of renewal of the applicant's license. Deposits shall be accumulated by the commission in a special fund to be used for the correction or completion of installations which the contractor or Class B electrician refuses or is unable to correct or complete, for uncollectable inspection fees or administrative fees, administrative costs of maintaining the fund and costs of enforcing provisions of this section. Disbursement from the fund may not exceed ten thousand dollars per occurrence. The commission shall waive the deposit at the time of renewal of the license for electricians who have made an initial deposit under this section if at the time of renewal the fund exceeds fifty thousand dollars. The commission may prescribe forms for the undertaking and may promulgate rules in accordance with chapter 1-26 as necessary to carry out the intent of this section.

SDCL 36-16-2 — Definition of terms.

Terms used in this chapter mean:

(1)    "Apprentice electrician," a person learning the trade under the supervision and employment of an electrical contractor, journeyman electrician or Class B electrician, or a person learning the trade under the supervision of a 501(d) electrician, or a person employed by a public entity or private corporation, firm or partnership who is learning the trade under the supervision of an electrical contractor or Class B electrician who is employed by the same public entity or private corporation, limited liability company, firm, or partnership;

(2)    "Class B electrician," a person having the necessary qualifications, training, technical knowledge and at least thirty-six months' experience in wiring, installing and repairing electrical apparatus and equipment in accordance with the standard rules established by the State Electrical Commission;

(3)    "Electrical contractor," a person having the necessary qualifications, training, experience, and technical knowledge to plan, lay out, and supervise the installation and repair of electrical wiring, apparatus, and equipment for electric light, heat and power in accordance with the standard rules governing such work; and who undertakes or offers to undertake with another to plan for, lay out, supervise and install or to make additions, alterations and repairs in the installation of such work;

(4)    "Electrical inspector," a person experienced in all classes of electrical work and either:

SDCL 36-16-9 — Electrical commission fund--Collections and disbursements.

All money coming into the custody of the commission shall be paid by the commission to the state treasurer on or before the tenth day after receipt of the money. The state treasurer shall credit the money to the South Dakota electrical commission fund. The money in the South Dakota electrical commission fund is continuously appropriated to the commission for the purpose of paying the expense of administering and enforcing the provisions of this chapter. However, the total expense incurred may not exceed the total money collected by the commission under the provisions of this chapter.

SDCL 36-16-27 — Electrical work to comply with rules--Wiring permit required before connection--Fees.

All electrical wiring, apparatus, or equipment shall comply with the rules promulgated and adopted by the State Electrical Commission. The rules shall conform to approved methods of construction and promote the safety of life and property. No new electrical service entrance except for communication service may be connected for use until a wiring permit has been furnished to the person, firm, or corporation supplying electrical energy certifying that a wiring permit has been obtained in compliance with the rules promulgated by the commission. No rule specifying a wiring permit fee may exceed fifteen dollars each. No rule specifying a late wiring permit procedure fee and failure to renew permit fees may exceed seven hundred fifty dollars. However, a wiring permit for emergency temporary service may be issued by the commission in accordance with its rules promulgated pursuant to chapter 1-26.