Plumbing

SDCL 36-25-17.1 — Waiver of licensing requirements for applicants in rural areas and small municipalities--Examination.

The commission may waive certain licensing requirements for an applicant in a rural area or a municipality of less than fifteen hundred population as shown by the last federal decennial census, if the applicant passes an examination given by the commission that demonstrates that the applicant knows the laws and rules governing plumbing. Any person registered under the provisions of this section shall be restricted to performing plumbing in a rural area or a municipality of less than fifteen hundred population. The commission may, by rules promulgated pursuant to chapter 1-26, provide for a license for applicants in a rural area or a municipality of less than fifteen hundred population.

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 36-25-17 — License required for plumbing work on property connected to public water or sewer system--Exceptions.

No person may engage in plumbing for which a license is required pursuant to § 36-25-19 on any property which is in connection with a public system of waterworks or sewerage unless that person is licensed by the commission. However, no license is required of a person who does the following work in compliance with the provisions of the minimum standards prescribed by the commission:

(1)    Plumbing on premises owned and actually occupied by the person as the person's residence;

(2)    Plumbing on premises of a single-family dwelling unit that is in the process of being constructed, if the person owns the premises and intends to actually occupy the premises as the person's residence when construction is complete;

(3)    Plumbing repair work on premises where the person is employed and performing the plumbing repair work; or

(4)    Plumbing repair work on the person's own property.

SDCL 36-25-17.2 — Training to be provided--Scope and contents--Exception.

The commission shall provide or arrange for training programs on the plumbing code and applicable laws and rules governing plumbing for persons licensed under § 36-25-17.1, except for those persons showing competency by passing a state administered plumbing examination. Each person licensed as a plumbing contractor or journeyman plumber shall receive a minimum of four hours training of potable water distribution systems and four hours training of drainage, waste, and vent systems during the first year of licensure.

SDCL 36-25-19.1 — Plumbing inspection fee--Late fee--Fee for additional inspections--Promulgation of rules.

Any person who is responsible for the installation of plumbing work must pay a plumbing inspection fee. The plumbing inspection fee must be the sum of a plumbing installation certificate fee plus a plumbing permit fee. The commission shall promulgate rules, in accordance with chapter 1-26, to establish the plumbing permit fee, the plumbing installation certificate fee, and an administrative late fee for failure to file with the commission the plumbing installation certificate prior to commencing plumbing work.

The plumbing permit fee for a single-family dwelling unit may not exceed one hundred twenty-five dollars. The plumbing permit fee for a multiple-dwelling unit or a public building may not exceed three hundred twenty-five dollars. The plumbing installation certificate fee may not exceed twenty-five dollars. The administrative late fee may not exceed two hundred dollars.

The number of inspections for each permit is limited to three inspections. The commission may charge a fee that may not exceed one hundred dollars per additional inspection in excess of the three inspections.

SDCL 36-25-2 — State Plumbing Commission created--Appointment and qualifications of members.

There is created a State Plumbing Commission which shall perform all functions exercised by the former State Plumbing Board. The commission shall be composed of five members who shall be appointed by the Governor. The members shall not be all of the same political party. One member shall be a plumber, one a plumbing contractor, one a representative of the State Department of Health, and two shall be lay persons. Each member shall be a resident of this state.

SDCL 36-25-32 — Continuing education.

Each applicant for renewal of a plumbing contractor, plumber, restricted plumbing contractor, restricted plumber, or third year apprentice plumber licensed as an apprentice plumber by examination shall successfully complete a minimum of four hours of continuing education relating to the plumbing trade during the previous license period. An applicant for new licensure as a plumbing contractor or plumber by reciprocity shall successfully complete four hours of continuing education relating to the plumbing trade prior to license issuance.

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 36-25-21 — Reciprocity--Determination by commission.

The commission may register, without examination upon the payment of the required initial application fee, examination fee, and license fee, a nonresident applicant who is registered in another state with requirements for regulating plumbers, and the commission determines the regulation of plumbers in the other state is substantially equivalent to the requirements of this state.

SDCL 36-25-19.2 — Plumbing permit not required in certain situations.

No plumbing permit is required if the plumbing repair work or plumbing fixture replacement:

(1)    Does not involve cutting into or extending existing water and waste systems;

(2)    Is done on buildings that are not connected to a public system of waterworks or sewerage; or

(3)    Is conducted by full-time maintenance personnel on the business premises of an employer.

No plumbing permit is required in any political subdivision where a local plumbing permit has been issued, unless a state-conducted inspection is requested in addition to the local inspection. Any person requesting such inspection is responsible for paying any plumbing permit fee for the requested inspection.

SDCL 36-25-16 — Local regulations permitted--Minimum standards--Plumbing by registrant pending municipal permit.

Nothing in this chapter shall prohibit any municipality by ordinance from making and enforcing requirements and standards regarding plumbing, and from making inspections and collecting fees relating thereto. Any such ordinances shall be deemed the applicable standards as to any plumbing work in such municipality, provided that the standards as contained in such ordinances meet the minimum standards of the State Plumbing Code as adopted by the commission, and that any person registered by the commission may do plumbing work in such municipality for a period of six months following application for a permit or license in said municipality.

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 36-25-15 — Plumbing standards--Promulgation of rules--Accord with Uniform Plumbing Code.

The commission shall promulgate rules, in accordance with chapter 1-26, to adopt and publish minimum standards for the design, construction, installation, improvement, extension, and alteration of materials, piping, venting, fixtures, appliances, and appurtenances in relation to plumbing and plumbing systems. All plumbing and plumbing systems must be designed, constructed, installed, improved, extended, and altered in substantial accord with the requirements of the 2024 Uniform Plumbing Code, International Association of Plumbing and Mechanical Officials, (January 1, 2024) and any amendments or revisions, as adopted by the commission, pursuant to chapter 1-26, to protect the health, life, safety, and welfare of persons and property in this state.

SDCL 36-25-6.1 — Commission continued within Department of Labor and Regulation--Records and reports.

The State Plumbing Commission shall continue within the Department of Labor and Regulation, and shall retain all its prescribed functions, including administrative functions. The commission shall submit such records, information, and reports in the form and at such times as required by the secretary of labor and regulation, except that the commission shall report at least annually.

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 § 36-25-1 — Plumbers - Definitions

(5)    "Plumbing," the practice of, and the furnishing and the use of materials and fixtures in the installation, extension, and alteration of all piping, fixtures, appliances, and appurtenances in connection with sanitary drainage or storm drainage facilities, the venting system and the public water supply systems, within or adjacent to any building, structure, or conveyance. The term includes the installation, extension, or alterations of the storm-water, liquid waste, or sewerage and water-supply systems of any premises to their connection with any point of public disposal, or other regulated terminal;

(6)    "Plumbing contractor," any person qualified and skilled in the planning, superintending, and the practical installation of plumbing, and otherwise qualified and registered to contract for plumbing installations and conduct the business of plumbing, and familiar with the laws and rules governing plumbing;

(7)    "Plumbing installation certificate," the certificate issued for each installation or occurrence by the commission that authorizes a person to perform plumbing;