South Dakota Plumbing Licensing Law

South Dakota Code · 23 sections

The following is the full text of South Dakota’s plumbing licensing law statutes as published in the South Dakota Code. For the official version, see the South Dakota Legislature.

SDCL 36-18A-12

This chapter does not apply to providers of services such as drilling or monitoring well installation, analytical testing, monitoring, electrical, plumbing, excavation, or construction if the service provided is part of a site assessment, remedial investigation, or corrective action to remediate water or soil contaminated from a petroleum release performed or executed by an authorized petroleum release business entity with a certificate of authorization.

SDCL 36-18A-9

This chapter does not apply to:

(1) Any person engaged in military engineering while rendering service exclusively for any of the armed forces of the United States or this state;

(2) Any person engaged in the practice of engineering, architecture, landscape architecture, or land surveying in the employ of the United States government but only while exclusively engaged as a United States government employee on such government project or projects which lie within federally-owned land;

(3) Any person engaged in the practice of engineering, architecture, landscape architecture, or land surveying in the employ of the state and any of its political subdivisions but only while rendering service exclusively to such employer. Any building project resulting from the practice of engineering, architecture, landscape architecture, or land surveying under this subdivision is subject to the size limitation imposed under the exemptions in subdivision (8) of this section;

(4) Any employee who prepares technical submissions or administers construction contracts for a person or organization lawfully engaged in the practice of engineering, architecture, landscape architecture, or land surveying, if the employee is under the direct supervision of a registered professional engineer, architect, landscape architect, or land surveyor;

(5) Any full-time employee of a corporation, partnership, firm, business entity, or public utility while exclusively doing work for the corporation, partnership, firm, business entity, or public utility, if the work performed is in connection with the property, products, and services utilized by the employer and not for any corporation, partnership, firm, or business entity practicing or offering to practice architectural, engineering, landscape architecture, or land surveying services to the public. The provisions of this subdivision do not apply to any building or structure if the primary use is occupancy by the public;

(6) Any person engaged in the preparation of plans and specifications for the erection, enlargement, or alteration of any of the following buildings:

(a) Any dwelling for a single family, and any outbuilding in connection therewith, such as a barn or private garage;

(b) Any two, three, or four family dwelling;

(c) Any five to sixteen family dwelling, inclusive, located in a governmental subdivision of this state which provides a detailed building code review of building projects by a building inspection department which is a governmental member of the International Code Council (ICC) or an ICC certified plans examiner;

(d) Any farm or ranch building or accessory thereto except any building regularly used for public purposes; or

(e) Any temporary building or shed used exclusively for construction purposes, not exceeding two stories in height, and not used for living quarters;

(7) Any person who prepares detailed or shop plans required to be furnished by a contractor to a registered professional engineer or architect, and any construction superintendent supervising the execution of work designed by an architect or professional engineer registered in accordance with this chapter;

(8) Any person engaged in the preparation of plans and specifications for the new construction, the enlargement or the alteration of any of the following buildings:

(a) Any building occupied as a hospital, hotel, motel, restaurant, library, medical office, nursing facility, assisted living facility, jail, retirement home, or mortuary, if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet or less;

(b) Any building occupied as an auditorium, church, school, or theater if the gross square footage of the new construction, the enlargement, or the alteration is five thousand square feet or less;

(c) Any building occupied as a bowling alley, office, shopping center, bank, fire station, service station, or store if the gross square footage of the new construction, the enlargement, or the alteration is seven thousand square feet or less;

(d) Any building occupied as an industrial plant or public garage if the gross square footage of the new construction, the enlargement, or the alteration is eleven thousand square feet or less;

(e) Any building occupied as a warehouse if the gross square footage of the new construction, the enlargement, or the alteration is twenty thousand square feet or less;

(f) Any building with an occupancy other than those listed in subsections (a) to (e), inclusive, of this subdivision if the gross square footage of the new construction, the enlargement, or the alteration is four thousand square feet of less; or

(g) Any preengineered or predesigned building, or any preengineered or predesigned building with a predesigned system, designed for the intended use of that building, including building structure, electrical, plumbing, and mechanical systems, if the buildings and systems are supplied directly, or indirectly, by a company engaged in the business of designing and supply such buildings and systems and if the company has in its employ one or more engineers or architects licensed in South Dakota, who prepare all designs for such buildings and systems.

No person exempted may use the title of professional engineer, architect, landscape architect, or land surveyor, or any other word, words, letters, or signs in connection with the person's name that may falsely convey the impression that the person is a licensed professional engineer, architect, landscape architect, or land surveyor.

SDCL 36-21C-1

Terms used in this chapter mean:

(1) "Client," any person who engages, or seeks to engage, the services of a home inspector for the purpose of obtaining inspection of and written report upon the condition of a residential building;

(2) "Commission," the South Dakota Real Estate Commission;

(3) "Home inspector," any person registered or licensed as a home inspector pursuant to the provisions of this chapter;

(4) "Home inspection," an inspection and written evaluation of all the following components of a residential building: heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, and exterior and interior components;

(5) "Residential building," a structure consisting of not more than four family dwelling units.

SDCL 36-21C-7

The provisions of this chapter do not apply to any of the following persons:

(1) Any person who is employed as a code enforcement official by the state or a political subdivision of the state when acting within the scope of that governmental employment;

(2) Any person regulated by the state as an architect, professional engineer, electrical contractor, or plumber, who is acting within the scope of practice of the person's profession or occupation;

(3) Any real estate broker or salesperson licensed by the state when acting within the scope of that person's license;

(4) Any real estate appraiser certified, licensed, or registered by the state when acting within the scope of that person's license;

(5) Any person engaged as an insurance adjuster, when acting within the scope of that person's profession; or

(6) Any manufactured home dealer who is licensed by the state, when acting within the scope of that person's license.

SDCL § 36-25-1

PRINTER FRIENDLY

36-25-1. Definition of terms.

Terms used in this chapter mean:

(1) "Commission," the State Plumbing Commission created by this chapter;

(2) "Individual and small on-site wastewater system," a system or facility designed to contain, neutralize, stabilize, disperse, or treat wastewater on or near the location where the wastewater is generated;

(3) "Plumber," any person other than a plumbing contractor who, as that person's principal occupation, is engaged as an employee of, or otherwise working under, the direction of a plumbing contractor in the installation of plumbing, and who is lawfully qualified and registered as a plumber pursuant to the provisions of this chapter;

(4) "Plumber's apprentice," any person other than a plumber or plumbing contractor who is engaged in working as an employee of a plumbing contractor under the immediate and personal supervision of either a plumbing contractor or plumber in learning and assisting in the installation of plumbing;

(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;

(8) "Plumbing repair work," repairs to keep plumbing in an existing state including repair and replacement of faucets, valves in existing systems, repair of leaks in existing water and waste systems, replacement of damaged water closet and lavatory fixtures if it does not involve changes in rough-in, replacement of temperature and pressure relief valves on existing systems, or cleaning of sewer lines. Plumbing repair work does not include cutting into or extending water or waste lines or rough-in for new plumbing work of any kind.

Source: SL 1970, ch 222, § 1; SL 2003, ch 206, § 1; SL 2003, ch 207, § 1; SL 2021, ch 181, § 2.

SDCL 36-25-13.1

All moneys coming into the custody of the State Plumbing Commission each calendar month shall be paid by the commission to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the moneys to the State Plumbing Commission fund of the state treasurer, which account is hereby created. The moneys in the said State Plumbing Commission fund are for the purpose of paying the expense of administering and enforcing the provisions of this chapter, provided the total expense incurred shall not exceed the total moneys collected by the commission under the provisions of this chapter.

SDCL 36-25-14

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 36-25-15

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 36-25-15.1

It is the intent of the Legislature that the rules promulgated pursuant to this chapter, in compliance with chapter 1-26, shall include the following requirements and the plumbing commission shall exercise no greater authority than is necessary for the fulfillment of this chapter:

(1) Plumbing fixtures, devices, and appurtenances shall be supplied with water in sufficient volume and at pressures adequate to enable them to function properly and without undue noise under normal conditions of use;

(2) Plumbing shall be designed and adjusted to use the minimum quantity of water consistent with proper performance and cleaning;

(3) Devices for heating and storing water shall be so designed and installed as to guard against dangers from explosion or overheating;

(4) Drainage systems shall be designed, constructed and maintained to guard against fouling, deposit of solids and clogging, and with adequate clean-outs so arranged that the pipes may be readily cleaned;

(5) Plumbing materials shall be made of durable, smooth, nonadsorbent and corrosion resistant material, be free from concealed fouling surfaces and shall be free from defective workmanship and so designed and constructed as to give satisfactory service for its reasonable expected life;

(6) Each fixture directly connected to the drainage system shall be equipped with a liquid seal trap;

(7) Drainage systems shall be designed to provide an adequate circulation of air in all pipes with no danger of siphonage, aspiration, or forcing of trap seals under conditions of ordinary use;

(8) Vent terminals shall extend to the outer air and be so installed as to minimize the possibilities of clogging and the return of foul air to the building;

(9) Plumbing systems shall be subjected to such tests as will effectively disclose all leaks and defects in the work or the material;

(10) No design for a plumbing system shall permit the entry into the system of any material that will clog or accentuate clogging of pipes, produce explosive mixtures, destroy the pipes or their joints, or interfere unduly with the sewage-disposal process as it enters the building drainage system;

(11) Proper protection shall be provided to prevent contamination of food, water, sterile goods and similar materials. When necessary, the fixture, device or appliance shall be connected indirectly with the building drainage system;

(12) Where a plumbing drainage system is subject to backflow of sewage from the public sewer, suitable provision shall be made to prevent its overflow in the building;

(13) All plumbing fixtures shall be so installed with regard to spacing as to be accessible for their intended use and for cleansing;

(14) Plumbing shall be installed with due regard to preservation of the strength of structural members and prevention of damage to walls and other surfaces through fixture usage; and

(15) Suitable provisions shall be made for disposing of the sewage by some accepted method of sewage treatment and disposal.

SDCL 36-25-16

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 36-25-17

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 36-25-17.1

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 36-25-17.2

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

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 36-25-19.1

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 36-25-19.2

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 36-25-19.4

A license issued under § 36-25-19 expires annually on the following dates:

(1) For a plumbing contractor or plumber, December thirty-first; and

(2) For a water conditioning contractor, water conditioning installer, appliance contractor, appliance installer, sewer and water contractor, sewer and water installer, manufactured and mobile home contractor, manufactured and mobile home installer, underground irrigation contractor, underground irrigation installer, or individual and small on-site wastewater system installer; June thirtieth.

An expired license may be renewed no later than six months following the date of expiration.

SDCL 36-25-2

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 36-25-21

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 36-25-27

The commission may, in accordance with chapter 1-26, refuse to issue, revoke, or suspend a license, or limit the scope of any license for:

(1) Failure to comply with any law, or any rule or order of the commission;

(2) Failure to comply with local plumbing ordinances;

(3) Failure to notify the commission in writing within thirty days following any denial, revocation, or suspension of a certificate, license, or permit issued by any other jurisdiction, or any change of address or employment;

(4) Knowingly aiding and abetting any person who is not licensed or permitted in accordance with this chapter to engage in activity that requires a license or permit under this chapter; or

(5) Conviction of or plea of guilty or nolo contendere to a crime of violence as defined under § 22-1-2. For purposes of this subdivision, a certified copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence.

SDCL 36-25-3

Members of the State Plumbing Commission shall be appointed for terms of three years. The Governor may stagger the terms to enable the commission to have different terms expire each year. Any member appointed to the commission prior to July 1, 2005, shall serve the four-year term to which the member was originally appointed. Any member appointed to the commission after July 1, 2005, shall serve a three-year term. No member may serve more than three consecutive full terms. However, appointment to fill an unexpired term is not considered a complete term for this purpose.

SDCL 36-25-32

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 36-25-6.1

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.

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)