Title 36, PROFESSIONS AND OCCUPATIONS

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 pub…

The State Electrical Commission may issue an inactive Class B electrician license, inactive electrical contractor license, an inactive 501(d) electrician license, and an inactive journeyman electrician license. No person holding an inactive license may perform any job requiring a…

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 § …

No license is required of a person installing electric wiring in or on: (1) The person's own residence, including attached or unattached accessory structures and the parcel of land upon which the structures are situated; (2) The person's own farmstead; (3) The premises of a singl…

The following persons are not required to hold an electrician's license: (1) An employee of a utility engaged in the manufacture and distribution of electrical energy if engaged in work directly pertaining to the manufacture and distribution of electrical energy, or a person that…

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 foll…

A person shall have at least two years of experience as a journeyman electrician or at least one year of commercial experience as a Class B electrician before making application for an electrical contractor's license. Source: SL 1963, ch 216 , § 2 (4); SL 1978, ch 272 , § 3; SL 2…

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…

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…

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 …

An individual applying for a license under this chapter shall pay a fee, take an oath, and submit written evidence of having the required experience. If a partnership, company, corporation, or association applies for a license, an officer or manager thereof shall make the applica…

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 ap…

A license issued under this chapter shall be approved by the State Electrical Commission. However, this chapter does not apply to emergency repairs to farmstead and residential wiring. Each license shall be for a term of two years and shall expire at midnight on June thirtieth fo…

An electrical contractor's license shall terminate upon death of said contractor; however, the State Electrical Commission may authorize the carrying on of said business until arrangements can be made to complete work under contract or to otherwise comply with the provisions of t…

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 excep…

Every person registered under the provisions of this chapter or doing electrical work described by § 36-16-15 shall report the same to the State Electrical Commission upon forms furnished by the commission for that purpose. Source: SL 1963, ch 216 , § 14; SL 1986, ch 315 , § 12.

The State Electrical Commission shall approve inspectors qualified in accordance with subdivision 36-16-2(4) and shall, in compliance with chapter 1-26 , establish the rules to be followed by the inspectors. An inspector may inspect any wiring installation and approve or condemn …

The State Electrical Commission shall perform all functions exercised by the former State Electrical Board. The State Electrical Commission consists of seven members to be appointed by the Governor for a term of three years. No member may serve more than three consecutive full te…

The State Electrical Commission may promulgate rules, in accordance with chapter 1-26 , to establish and collect installation inspection fees for: (1) New residential installations, which are tiered based on ampere capacity, not to exceed three hundred ninety dollars, plus a fee …

Inspectors authorized by the State Electrical Commission to conduct inspections may condemn installations hazardous to life and property and may order service thereto discontinued. Such action may not be taken except after notice to the owner of the property and shall be subject …

No condemned installation shall be reconnected for service until proof has been furnished that the installation has been brought up to the required standards. Source: SL 1963, ch 216 , § 5 (2); SL 1967, ch 128 , § 2.

The State Electrical Commission may, in accordance with chapter 1-26 , refuse to issue, revoke, or suspend a license, or limit the scope of practice of any licensee for: (1) Failure to comply with any law, or any rule or order of the commission; (2) Failure to comply with the Nat…

Any person who fails to register, obtain a license or report wiring described by § 36-16-15 as required by this chapter is guilty of a Class 2 misdemeanor. Source: SL 1963, ch 216 , § 18; SL 1977, ch 190 , § 184; SL 1986, ch 315 , § 13.

The State Electrical Commission shall be empowered to commence actions for injunction for violation of this chapter or regulations hereunder as an alternate to criminal proceedings. The commencement of one proceeding by the commission constitutes an election. Source: New section …

Nothing in this chapter shall prohibit any municipality, rural electric cooperative, private utility, or political subdivision of the state from making and enforcing more stringent requirements than those set forth in this chapter, and such requirements shall be complied with. So…

This chapter shall not be construed to relieve from or reduce the responsibility or liability of any party owning, operating, controlling, installing, altering, or repairing any electrical system or equipment for damages or injuries to persons or property nor shall the state nor …

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. Source: SL 1963, ch 216 , § 17.

The State Electrical Commission shall promulgate rules, pursuant to chapter 1-26 , to provide for the reinstatement of an expired license and for a reinstatement fee not to exceed one hundred dollars. Source: SL 1991, ch 308 , § 5.

The Governor shall appoint one member of the State Electrical Commission who shall be involved in the education of electrical engineers or electricians. The member shall be reimbursed travel expenses, pursuant to § 3-9-2 , that are related to the discharge of the member's duty un…

The membership of the State Electrical Commission shall include two lay members who are users of the services regulated by the commission. The term lay member who is a user refers to a person who is not licensed by the commission but where practical uses the service licensed, and…

A member of the State Electrical Commission shall qualify by taking and subscribing the oath of office required by other state officers, which shall be filed in the Office of the Secretary of State. Each member shall hold his office until his successor is appointed and qualified.…

A majority of the members of the State Electrical Commission shall constitute a quorum for transaction of business. Source: SL 1963, ch 216 , § 4 (2).

The members of the State Electrical Commission shall select from their members a president and a secretary-treasurer. The members shall receive travel expenses, pursuant to § 3-9-2 , that are related to the discharge of their duties under this chapter. Source: SL 1963, ch 216 , §…

The State Electrical Commission shall hold a meeting in the month of July of each year in Pierre and may hold such other meetings as are necessary to review qualifications and perform the other duties coming before the commission. Special meetings shall be held at the time and pl…

The State Electrical 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 req…

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 Dako…