South Dakota Roofing Licensing Law

South Dakota Code · 9 sections

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

SDCL 36-16-23

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 § 36-18A-1

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36-18A-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Alteration," for the purpose of determining exemptions, any remodeling, renovation, or reconstruction to a building which changes the use, occupancy classification, or occupant load, or the exiting, structural, mechanical, or electrical systems of a building as defined by the building code;

(2)    "Architect," any person licensed in good standing and legally authorized to practice architecture in this state;

(3)    "Architectural intern," any person who has successfully completed an accredited education program in architecture acceptable to the board and is enrolled in the intern development program administered by the National Council of Architectural Registration Boards;

(4)    "Board," the Board of Technical Professions;

(5)    "Building," any structure used or intended to support or shelter any occupancy;

(6)    "Building or floor area," the sum of the areas of all of the floors of a building, including basements, mezzanine, and intermediate tiers, and penthouses of headroom height, measured from the exterior faces of exterior walls or from the center line of the wall separating buildings. The building area does not include such features as pipe trenches, exterior terraces or steps, chimneys, vent shafts, courts, and roof overhangs. The floor area of enlargements shall be added to the existing building area. A fire or area separation wall is not an exterior wall for the purposes of this definition;

(7)    "Building official," the officer or other designated authority charged with the administration and enforcement of the adopted code;

(8)    "Business entity," any corporation, partnership, limited liability corporation, limited liability partnership, or sole proprietorship that practices or offers to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services to the public through its licensed personnel who are either employees, officers, directors, partners, members, managers, or owners and that have been issued a certificate of authorization by the board;

(9)    "Construction administration," the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship, and the site observation of construction, by a licensed professional, for the purpose of determining whether the work is in general accordance with the construction contract documents. Shop drawing review, coordination of a construction project among the owner, architect, engineer, contractor, and subcontractors, and inspection of construction by contractors, subcontractors, owner's agents, building officials, or other unlicensed professionals does not constitute construction administration;

(10)    "Corrective action," an action taken to minimize, contain, eliminate, remediate, mitigate, or clean up a petroleum release, excluding removal of a petroleum tank

SDCL 36-18A-56

The board may take action without proof of actual injury on the following violations:

(1)    Has violated any statute, rule, or order that the board has issued or is empowered to enforce;

(2)    Has engaged in conduct or acts that are fraudulent, deceptive, or dishonest whether or not the conduct or acts relate to professional practice;

(3)    Has engaged in conduct or acts that are negligent, incompetent, reckless, or otherwise in violation of established standards related to that person's professional practice;

(4)    Has been convicted of or has pleaded guilty or nolo contendere to a felony, whether or not the person admits guilt, or has been shown to have engaged in acts or practices tending to show that the applicant or licensee is incompetent or has engaged in conduct reflecting adversely on the person's ability or fitness to engage in that person's professional practice. A copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence;

(5)    Has employed fraud or deception in obtaining a license or renewal of a license or in passing all or a portion of the examination;

(6)    Has had that person's professional license, registration, certificate, right to examination, or other similar rights to practice revoked, suspended, canceled, given probation, limited, censured, reprimanded, or not renewed for cause in any state or territory of the United States, the District of Columbia, or in any foreign country;

(7)    Failed to meet any requirement for issuance or renewal of the person's license or certificate;

(8)    Has used or attempted to use as that person's own the certificate or seal of another;

(9)    Has used or attempted to use an expired, suspended, or revoked license;

(10)    Has placed that person's seal or signature to a plan, specification, report, plat, or other technical submission or document not prepared by that person or under that person's responsible charge;

(11)    Aided or assisted another person in violating any provision of this chapter or the rules pertaining to this chapter;

(12)    Failed to promptly and appropriately provide information requested by the board as a result of a formal or informal complaint to the board which would indicate a violation of this chapter;

(13)    Has provided false testimony or information to the board;

(14)    Failed to report known violations of this chapter;

(15)    Has engaged in the use of untruthful or improbable statements in advertisements;

(16)    Failed to complete continuing professional development requirements set by the board;

(17)    Made misleading or untruthful representations in advertisements or published materials;

(18)    Falsely used any title, figures, letters, or descriptions to imply licensure;

(19)    Is habitually intoxicated or is addicted to the use of alcohol or illegal drugs;

(20)    Has committed an act, engaged in conduct, or committed practices that may result in an immediate threat to the public; or

(21)    Has provided professional services in technical areas not covered by that person's license or competency.

SDCL 36-21A-36.1

Upon notification in writing that the person has passed the examination, the person shall file the appropriate application for license with all the required documents to the commission within sixty days of the notice date. If the person fails to file an application and proof of required education within the sixty-day period, the person's registration and all rights deriving from a passing score are canceled.

SDCL 36-21A-62

An individual licensee shall provide to the commission proof of participation in the following required number of hours of approved continuing education in the preceding two-year period:

(1)    Responsible broker, broker associate, salesperson, auctioneer, or property manager: not less than twenty-four hours; or

(2)    Residential rental agent: not less than twelve hours.

Attorneys licensed in South Dakota and time-share agents are exempt from this section.

SDCL 36-21A-68

A license issued under this chapter may be revoked by the commission upon proof of unprofessional conduct on the part of the licensee. For the purposes of this chapter, the term unprofessional conduct does not impair the right of a licensee to set minimum fees chargeable for his services. Unprofessional conduct is not the basis for criminal prosecution unless otherwise declared unlawful. The commission may also impose a suspension, reprimand, or a monetary penalty not to exceed two thousand five hundred dollars, or a combination of revocation, suspension, reprimand or monetary penalty. Any moneys collected from the monetary penalty shall be deposited into the fund of the commission.

SDCL 36-21A-9

For the purposes of this chapter, an inactive license is any license that has been placed on inactive status for any of the following reasons:

(1)    At the request of the licensee;

(2)    Failure to designate a responsible broker;

(3)    Cessation of being associated with a responsible broker or a licensed firm;

(4)    Failure to notify the commission of a change of registered address;

(5)    Failure of the licensee's responsible broker to maintain an active license;

(6)    Failure to provide proof of errors and omissions insurance upon renewal;

(7)    Failure of a nonresident real estate salesperson, who establishes residency in South Dakota, to successfully complete the education requirement for upgrade to broker associate within the prescribed timeframe; or

(8)    Failure to provide proof of the necessary hours of continuing education.

No licensee whose license is on inactive status may perform any of the actions enumerated within this chapter prior to reactivation of the inactive license.

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-13

The commission may refuse to grant or may suspend or revoke a home inspector license or registration upon proof, to the satisfaction of the commission, that the holder has:

(1)    Disclosed any information concerning the results of the home inspection without the approval of a client or the client's representative;

(2)    Accepted compensation from more than one interested party for the same service without the written consent of all interested parties;

(3)    Accepted commissions or allowances, directly or indirectly, from other parties dealing with the holder's client in connection with work for which the holder is responsible;

(4)    Failed to disclose promptly to a client information about any business interest of the holder which may affect the client in connection with the home inspection; or

(5)    Been convicted, or pled guilty or nolo contendere before a court of competent jurisdiction in this or any other state, or before any federal court, of a misdemeanor involving moral turpitude or a felony arising under the laws of this state or under the laws of the United States or any other state that would be a misdemeanor involving moral turpitude or a felony under the laws of this state.

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