Title 36, PROFESSIONS AND OCCUPATIONS

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…

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 syste…

For the purposes of this chapter, the term, inactive licensee, means a licensee who ceases to practice or offer to practice in the licensee's profession and who does not wish to renew but would like his or her files to be kept active for possible reinstatement. An active licensee…

For the purposes of subdivision 36-18A-9(8) of this chapter, if a building consists of more than one type of occupancy, each portion of the building shall conform to the limitations established by that subdivision for each type of occupancy. The area of the building shall be such…

This chapter does not prohibit a contractor from offering to provide or from providing design - build services if the architectural and engineering services offered or provided in connection with the design - build services are rendered by an architect or professional engineer li…

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 act…

An architect may engage in the practice of professional engineering, or a professional engineer may engage in the practice of architecture, but only to the extent that such practice is incidental or of minor importance to a project or service being legally performed under this ch…

The Board of Technical Professions is created to administer the provisions of this chapter. Each member of the board shall receive a certificate of appointment from the Governor and shall file with the secretary of state a written oath for the faithful discharge of the member's o…

Each member of the board shall be a citizen of the United States, a resident of this state, and in good standing with the board. Any member of the board whose individual license is revoked or suspended automatically ceases to be a member of the board. The public member may not be…

The members of the board, or any committee of the board, and the executive director of the board are immune from liability in damages, and no cause of action for damages may arise against them for any act or proceeding undertaken or performed by them within their official capacit…

The Governor may remove any member of the board for misconduct, incapacity, or neglect of duty. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of the term. Source: SL 1999, ch 195 , § 17.

The board shall annually elect from its members a chair, a vice chair, and a secretary. The board shall hold at least six regular meetings in each year. Special meetings may be called and notice of all meetings shall be given in such manner as the public meetings laws may provide…

The executive director of the board shall receive and account for all money derived under the provisions of this chapter. All money shall be used by the board to administer the duties set forth under this chapter. The board may determine the manner of disbursing the money and pur…

For the purposes of this chapter, the term, practice of architecture, means the practice or offering to practice any service in connection with the design, evaluation, construction, enlargement, or alteration of a building or group of buildings and the space within and surroundin…

The board may employ counsel and other necessary assistance to aid in the enforcement of this chapter or for the assistance of any proceeding commenced by the attorney general or by a state's attorney, the compensation and expenses of whom shall be paid from the technical profess…

The board shall employ an executive director who shall work under the direction of the board and shall be delegated the duties necessary to conduct board business. The board may employ staff and rent offices as necessary for the proper performance of its duties as prescribed in t…

The board shall, pursuant to chapter 1-26 , promulgate rules that may be reasonably necessary for the performance of its duties, the regulation of proceedings before it, and the licensure of the professions it regulates. The existing rules promulgated under the previous chapter 3…

The Board of Technical Professions shall continue within the Department of Labor and Regulation and shall retain all the prescribed functions, including administrative functions, of the previous State Commission of Engineering, Architectural and Land Surveying Examiners. Source: …

The board shall maintain the following record and report policy: (1) A record of its proceedings and all current applications of licensure shall be retained; (2) The record of the board shall be prima facie evidence of the proceedings of the board, and a transcript thereof, duly …

Any applicant for enrollment as an engineering intern shall provide evidence satisfactory to the board that the applicant has graduated from or is admitted in an accredited engineering curriculum and has passed an examination. The examination may be taken during the applicant's s…

Any applicant for licensure as a professional engineer shall provide the following evidence satisfactory to the board: (1) Graduation from an accredited engineering college, university, or technical program; (2) Completion of the minimum number of years of diversified engineering…

Any applicant for licensure as an architect shall provide the following evidence satisfactory to the board: (1) Graduation with an accredited professional degree in architecture; (2) Completion of the national architectural intern development program; and (3) Successful completio…

Any applicant for enrollment as a land surveying intern shall provide evidence satisfactory to the board that the applicant has graduated from an accredited surveying or engineering curriculum, or substantially similar experience acceptable to the board and has passed an examinat…

Any applicant for licensure as a land surveyor shall provide the following evidence satisfactory to the board: (1) Graduation from an accredited engineering or land surveying college, university, or technical program with a minimum of twenty credit hours of surveying curriculum, …

For the purposes of this chapter, the term, practice of engineering, means the practice or offering to practice of any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of t…

Any applicant for licensure as a landscape architect shall provide the following evidence satisfactory to the board: (1) Graduation from an accredited program of landscape architecture; (2) Completion of a council record from the Council of Landscape Architectural Registration Bo…

Any applicant for licensure as a petroleum release assessor or remediator shall provide the following evidence satisfactory to the board: (1) Completion of education and experience requirements; and (2) Successful completion of examinations. The board shall promulgate rules pursu…

The board may require the applicant to appear for an oral interview if there are questions as to the depth, extent, and quality of any experience. Failure to supply additional evidence or information within thirty days from the date of a written request from the board, or failure…

The board shall admit to examination any candidate who pays a fee, not to exceed two hundred dollars, established by the board and submits an application with evidence satisfactory to the board that the applicant satisfies the necessary education and experience requirements. The …

The board shall notify each applicant of the results of the examination and those entitled to licensure or enrollment. If an applicant fails the examination and the applicant's application is still current, subsequent reexaminations may be granted upon payment of a fee. The board…

The board may give comity consideration to any person who holds a current and valid license issued to that person for active practice by the proper authority in any state or territory of the United States, the District of Columbia, or any foreign country, based on requirements th…

The board shall grant a license to any applicant as a professional engineer, architect, land surveyor, landscape architect, petroleum release assessor or remediator, or for any two or more of these titles who has met the requirements of this chapter. Source: SL 1999, ch 195 , § 3…

The license shall be displayed in a conspicuous place in the licensee's principal office, place of business, or place of employment within the state. A duplicate license to replace a lost, destroyed, or mutilated license shall be issued upon payment of a fee established by the bo…