Civil liability for damages and injuries unaffected--Public liability not created.
36-16-1.
License required to engage in electrical contracting--Purpose of regulation--Noncompliance as misdemeanor.
Any person, firm, partnership, limited liability company, or
corporation engaged, or offering to engage, in business as an electrical contractor as defined in § 36-16-2 or any person performing the work as defined in this chapter, shall obtain a license from the
State Electrical Commission before any person may undertake and perform such work to the end that
any such work will be safely and properly installed in accordance with approved standards for such
work. It is a Class 2 misdemeanor for any person, firm, partnership, limited liability company, or
corporation to engage in such business or such work unless the provisions of this chapter are
complied with.
Source: SL 1963, ch 216, § 1; SL 1977, ch 190, § 183; SL 1986, ch 315, § 1; SL 1991, ch 308, § 1;
SL 1993, ch 281, § 1; SL 1994, ch 351, § 77.
36-16-2 Definition of terms.
36-16-2.
Definition of terms.
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, or a person
employed by a public entity or private corporation, firm or partnership who is learning the
trade under the supervision of an electrical contractor or Class B electrician who is
employed by the same public entity or private corporation, limited liability company, firm,
or partnership;
(2)
"Class B electrician," a person having the necessary qualifications, training, technical
knowledge and at least thirty-six months' experience in wiring, installing and repairing
electrical apparatus and equipment in accordance with the standard rules established by
the State Electrical Commission;
(3)
"Electrical contractor," a person having the necessary qualifications, training, experience,
and technical knowledge to plan, lay out, and supervise the installation and repair of
electrical wiring, apparatus, and equipment for electric light, heat and power in
accordance with the standard rules governing such work; and who undertakes or offers
to undertake with another to plan for, lay out, supervise and install or to make additions,
alterations and repairs in the installation of such work;
(4)
"Electrical inspector," a person experienced in all classes of electrical work and either
(a)
shall be a graduate of a recognized electrical school as approved by State Electrical
Commission rules and shall have had a total of four years' experience, which may
not include school experience, in electrical work, or
(b)
shall have had at least six years of practical experience in electrical wiring.
Any qualified inspector may be issued an electrical contractor's license, provided
however, he pay the necessary fees as set forth in this chapter;
(5)
"Journeyman electrician," a person having the necessary qualifications, training, technical
knowledge and at least four years' experience in wiring, installing, and repairing electrical
apparatus and equipment in accordance with the standard rules established by the State
Electrical Commission;
(6)
"Maintenance electrician," a person working under a maintenance electrician's license of
a public entity, firm, partnership, limited liability company, or corporation;
(7)
"501(d) electrician," a person having the necessary qualifications, training and technical
knowledge in wiring, installing, and repairing electrical apparatus and equipment in
accordance with the administrative rules promulgated by the State Electrical Commission.
A 501(d) licensee is restricted to wiring on 501(d) properties within the State of South
Dakota. 501(d) is the reference to the federal internal revenue code that provides the
exemption for a religious or apostolic association or corporation.
Source: SL 1963, ch 216, § 2; SL 1967, ch 128, § 1; SL 1986, ch 315, § 3; SL 1987, ch 273, § 1;
SL 1991, ch 308, § 6; SL 1994, ch 351, § 78; SL 2009, ch 183, § 1.
36-16-3 State Electrical Commission--Number and terms of members.
36-16-3.
State Electrical Commission--Number and terms of members.
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 terms. However, appointment
to fill an unexpired term is not considered a complete term for this purpose. Not all of the members
shall be of the same political party. 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. One member shall
represent an electric utility, one member shall be a licensed electrical contractor, one member shall
be a licensed electrician with at least a journeyman level license and one member shall have fire
safety expertise.
Source: SL 1963, ch 216, § 3; SL 1980, ch 380, §§ 17 to 20; SL 2005, ch 199, § 47.
36-16-4 Commission member involved in education of electrical engineers or electricians.
36-16-4.
Commission member involved in education of electrical engineers or electricians.
The Governor shall appoint one member of the State Electrical Commission who shall be involved
in the education of electrical engineers or electricians. This member shall serve without
compensation.
Source: SL 1963, ch 216, § 3; SL 1980, ch 380, § 19; SL 2004, ch 17, § 235; SL 2004, ch 250, § 1;
SL 2005, ch 199, § 48; SL 2011, ch 179, § 1.
36-16-4.1 Lay members of commission--Appointment and term of office.
36-16-4.1.
Lay members of commission--Appointment and term of office.
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 the meaning shall be
liberally construed to implement the purpose of this section. The lay members shall be appointed by
the Governor and, after the initial appointments, both such lay members shall have the same term
of office as members of the commission appointed under § 36-16-3.
Source: SL 1973, ch 2, § 58.
36-16-5 Oath of office--Tenure.
36-16-5.
Oath of office--Tenure.
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.
Source: SL 1963, ch 216, § 3.
36-16-6 Quorum of commission.
36-16-6.
Quorum of commission.
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).
36-16-7 Officers of commission--Expenses of members.
36-16-7.
Officers of commission--Expenses of members.
The members of the State Electrical
Commission shall select from their members a president and a secretary/treasurer. Each member of
the commission except as provided in § 36-16-4 shall receive travel expenses pursuant to § 3-9-2
when actively engaged in the discharge of the member's duties.
Source: SL 1963, ch 216, § 4 (1); SL 1986, ch 27, § 29; SL 1994, ch 301, § 1.
36-16-8 Meetings of commission--Notice.
36-16-8.
Meetings of commission--Notice.
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 it. Special meetings
shall be held at the time and place determined by the president, and upon ten days' notice given by
the president to each member of the commission.
Source: SL 1963, ch 216, § 4 (3); SL 1994, ch 301, § 2.
36-16-8.1 Commission continued within Department of Labor and Regulation--Records and reports.
36-16-8.1.
Commission continued within Department of Labor and Regulation--Records and
reports.
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
required by the secretary of labor and regulation, except that the commission shall report at least
annually.
Source: SL 1973, ch 2 (Ex. Ord. 73-1), §§ 3(d), 56(i); SL 2003, ch 272 (Ex. Ord. 03-1), § 48; SL
2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
36-16-9 Electrical commission fund--Collections and disbursements.
36-16-9.
Electrical commission fund--Collections and disbursements.
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 Dakota electrical commission fund is
continuously appropriated to the commission for the purpose of paying the expense of administering
and enforcing the provisions of this chapter. However, the total expense incurred may not exceed
the total money collected by the commission under the provisions of this chapter.
Source: SL 1963, ch 216, § 4 (5); SL 1994, ch 301, § 3; SL 2011, ch 179, § 2.
36-16-10 Expense of commission.
36-16-10.
Expense of commission.
All reasonable and necessary expenses incurred in
conducting the business of the State Electrical Commission shall be allowed and paid by the
commission.
Source: SL 1963, ch 216, § 4 (4).
36-16-11
36-16-11.
Repealed by SL 1982, ch 16, § 32.
36-16-12 Seal of commission--Scope of rules.
36-16-12.
Seal of commission--Scope of rules.
The State Electrical Commission shall adopt
a seal. The commission shall promulgate rules, pursuant to chapter 1-26, pertaining to: license
applications, examinations, continuing education, qualifications, wiring permits, electrical
installation, inspection fees and procedures; local inspection systems; modular homes and structures;
carnivals and seasonal dwellings and supplementary power and cogeneration systems.
Source: SL 1963, ch 216, § 5 (1); revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 22;
SL 1994, ch 302, § 1; SL 1995, ch 221, § 1.
36-16-13 Application for license--Requirements and examination--Fees--Notice of certain occurrences...
36-16-13.
Application for license--Requirements and examination--Fees--Notice of certain
occurrences.
Any person, partnership, company, corporation or association that for a fixed sum,
price, fee, percentage or other consideration, undertakes or offers to undertake with another to plan,
lay out, supervise, install, make additions, make alterations, or make repairs, in the installation of
wiring, apparatus or equipment for electric lights, heat or power, shall apply to the State Electrical
Commission for a license. A license shall be issued in the class specified in § 36-16-2 for which
application has been made upon qualifying under this chapter and the rules of the commission and
satisfactorily passing such examinations as shall be required by the commission.
The commission shall promulgate rules, pursuant to chapter 1-26, establishing fees for the
examination and the application. The commission may charge, or may authorize a third party that
administers the examination, to charge each participant an examination fee not to exceed one
hundred fifty dollars per occurrence of examination or reexamination. The application fee may not
exceed fifty dollars per occurrence.
Each holder of or applicant for a license under this chapter shall notify the commission in
writing, within thirty days after its occurrence, of any issuance, denial, revocation, or suspension of
a certificate, license, or permit by another state, change of address or employment, or any conviction
of a felony.
Source: SL 1963, ch 216, § 6 (1); SL 1967, ch 128, § 3; SL 1978, ch 272, § 1; SL 1986, ch 302,
§ 23; SL 2009, ch 184, § 1; SL 2011, ch 179, § 3.
36-16-13.1 Use of license by others prohibited--Violation as misdemeanor.
36-16-13.1.
Use of license by others prohibited--Violation as misdemeanor.
An electrical
contractor, Class B electrician, 501(d) electrician, or journeyman electrician may not permit the use
of his license by any other person or knowingly permit the use thereof by another. A violation of this
section is a Class 2 misdemeanor.
Source: SL 1986, ch 315, § 2; SL 2009, ch 183, § 2.
36-16-13.2 Issuance of license to public entities.
36-16-13.2.
Issuance of license to public entities.
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 public entity, firm, partnership or corporation property.
The license shall be issued according to rules adopted by the State Electrical Commission.
Source: SL 1986, ch 315, § 6.
36-16-13.3 Inactive license--Performance of job requiring license prohibited--Exemption--Change of in...
36-16-13.3.
Inactive license--Performance of job requiring license prohibited--Exemption--Change of inactive license.
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 Class B electrician or electrical contractor's license. The person holding any inactive
license is exempt from the requirements of § 36-16-20. The commission may promulgate rules to
determine the requirements a person holding an inactive license shall meet if the person applies to
change his inactive license to a license allowing him to perform work for which a license is required.
Source: SL 1987, ch 279, § 1; SL 1991, ch 308, § 2; SL 2009, ch 183, § 3.
36-16-14 Contractor license required for installation of wiring or parts--Farm and residential wiri...
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.
Source: SL 1963, ch 216, § 15; SL 1978, ch 272, § 2.
36-16-15 License not required for wiring on own residence or farmstead--Inspection and fee--Failure...
36-16-15.
License not required for wiring on own residence or farmstead--Inspection and fee--Failure to report as misdemeanor.
No license is required of an individual installing electric wiring
in his own residence or farmstead. Entrance installations in excess of sixty amperes capacity, circuits
or the installation of electrical parts of other apparatus shall be subject to inspection and payment
of an inspection fee as provided by §§ 36-16-29 and 36-16-30. Failure to report this work as required
by law is a Class 2 misdemeanor.
Source: SL 1963, ch 216, § 6 (3) as added by SL 1967, ch 128, § 3; SL 1986, ch 315, § 4.
36-16-16 Persons exempt from license requirement.
36-16-16.
Persons exempt from license requirement.
The following persons are not required
to hold an electrician's license:
(1)
Employees of utilities engaged in the manufacture and distribution of electrical energy,
when engaged in work directly pertaining to the manufacture and distribution of electrical
energy or persons or companies when engaged in work pertaining directly to such
services, if the work is designed, supervised, or installed by a person qualified in the work
being done. This exemption shall terminate at the first point of service attachment, except
for the installing or testing of electric meters and measuring devices and the maintenance
of their service;
(2)
Employees of telephone, telegraph, radio and television communication services and
pipelines or persons or companies when engaged in work pertaining directly to such
services, if the work is designed, supervised or installed by a person qualified in the work
being done;
(3)
Electrical work and equipment in mines, ships, railways, rolling stock or automotive
equipment, and in packing plants supervised and regulated by the Department of
Agriculture;
(4)
Replacement of lamps and connection of portable electrical devices to suitable receptacles
which have been permanently installed;
(5)
Radio and appliance service repair departments;
(6)
Maintenance on oil burners and space heaters where installation of same has been effected
by a Class B or journeyman electrician in accordance with this chapter;
(7)
Architects, designers, and engineers engaged in the planning and laying out of electrical
work;
(8)
Employees of electrical utilities engaged in the installation and maintenance of utility
street lighting, traffic signal devices or electric utility-owned security lights or persons or
companies when engaged in work pertaining directly to such services, if the work is
designed, supervised, or installed by a person qualified in the work being done; or
(9)
Employees of alarm and communications companies or services when wiring an alarm
or communications system when the system is classified as power limited class 2 or class
3 signaling circuits, power limited fire protective signaling circuits, class 2 or class 3
alarm circuits, or communications circuits or systems, as covered by articles 725, 760,
770, 800, 810, 820 of the National Electrical Code as it was approved by the American
National Standards Institute and in effect on January 1, 1989, or persons or companies
when engaged in work pertaining directly to such services, if the work is designed,
supervised, or installed by a person qualified in the work being done.
Source: SL 1963, ch 216, § 12; SL 1965, ch 152, § 1; SL 1986, ch 315, § 5; SL 1988, ch 302; SL
1989, ch 327; SL 1991, ch 308, § 6; SL 2011, ch 179, § 4.
36-16-17 Biennial fees for licenses.
36-16-17.
Biennial fees for licenses.
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 following:
(1)
Electrical contractor: biennial license fee, one hundred dollars;
(2)
Journeyman electrician: biennial license fee, forty dollars;
(3)
Class B electrician: biennial license fee, forty dollars;
(4)
Electrical inspector: biennial license fee, forty dollars;
(5)
Inactive Class B electrician, inactive electrical contractor, inactive 501(d) electrician, or
inactive journeyman electrician: biennial license fee, forty dollars;
(6)
Maintenance electrician: biennial license fee, forty dollars;
(7)
501(d) electrician; biennial license fee, forty dollars.
Before a license is granted to any applicant and for the biennial renewal of such license the
applicant shall pay to the treasurer the fee required for the class of license applied for.
Source: SL 1963, ch 216, §§ 7, 13; SL 1986, ch 302, § 26; SL 1986, ch 315, § 7; SL 1987, ch 279,
§ 2; SL 1991, ch 308, §§ 3, 6; SL 1997, ch 219, § 1; SL 2009, ch 183, § 4.
36-16-18 Temporary journeyman electrician's license--Fee.
36-16-18.
Temporary journeyman electrician's license--Fee.
The secretary of the State
Electrical Commission, upon the recommendation of one electrical contractor and one journeyman
electrician, may issue a temporary license to an individual to engage in the trade of a journeyman
electrician until the next meeting of the electrical commission. The State Electrical Commission may
promulgate rules, pursuant to chapter 1-26, to establish and collect a fee not to exceed ten dollars
to be charged for a temporary journeyman electrician's license.
Source: SL 1963, ch 216, § 9; SL 1986, ch 302, § 27.
36-16-19 Experience required for contractor's license.
36-16-19.
Experience required for contractor's license.
A person must have had at least two
years' experience as a journeyman electrician or at least four years' 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.
36-16-20 Undertaking and insurance required of contractor or Class B electrician--Initial and renew...
36-16-20.
Undertaking and insurance required of contractor or Class B electrician--Initial and
renewal deposit--Disbursement from fund--Waiver.
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 hundred thousand dollars per occurrence and three hundred
thousand dollars aggregate limit for bodily injury and property damage insurance with limits of not
less than twenty-five thousand dollars per occurrence or a combined single limit of three hundred
thousand dollars, or security approved by the commission in a sum equal to that amount, conditioned
for the faithful performance of all electrical work undertaken by the electrician and the strict
compliance with all the provisions of this chapter and the requirements of the commission. The
required undertaking and liability insurance shall be in force at all times with certificates of insurance
on file in the commission office. No electrical contractor or Class B electrician licensed under the
provisions of this chapter need furnish any additional undertaking for municipal license as such
contractor or electrician. In the case of a partnership or corporation, the licensed person is exempt
from insurance or undertaking requirements if the employer satisfies the requirements. In addition,
a deposit shall be made with the commission in the amount of fifty dollars at the time of the
execution of the undertaking and biennially at the time of renewal of the applicant's license. Deposits
shall be accumulated by the commission in a special fund to be used for the correction or completion
of installations which the contractor or Class B electrician refuses or is unable to correct or complete,
for uncollectable inspection fees or administrative fees, administrative costs of maintaining the fund
and costs of enforcing provisions of this section. Disbursement from the fund may not exceed ten
thousand dollars per occurrence. The commission shall waive the deposit at the time of renewal of
the license for electricians who have made an initial deposit under this section if at the time of
renewal the fund exceeds fifty thousand dollars. The commission may prescribe forms for the
undertaking and may promulgate rules in accordance with chapter 1-26 as necessary to carry out the
intent of this section.
Source: SL 1963, ch 216, § 10; SL 1964, ch 105, § 1; SL 1978, ch 272, § 4; SL 1986, ch 315, § 9;
SL 1987, ch 274, § 1; SL 1991, ch 308, §§ 4, 6; SL 1992, ch 60, § 2.
36-16-21 Apprentice registration--Fee--Supervision of work.
36-16-21.
Apprentice registration--Fee--Supervision of work.
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 shall commence on July 1, 1986. He shall not be allowed to work
on installations without personal supervision.
Source: SL 1963, ch 216, § 8; SL 1978, ch 272, § 5; SL 1986, ch 302, § 28.
36-16-22 Evidence of experience required for license--Partnership or corporate license.
36-16-22.
Evidence of experience required for license--Partnership or corporate license.
Each
person applying for a license under this chapter shall pay a fee and shall take an oath and submit
written evidence that he has had the required experience. If a partnership, company, corporation, or
association applies for a license, an officer or manager thereof shall make the application and take
the oath and submit evidence as to experience.
Source: SL 1963, ch 216, § 6 (2); SL 1967, ch 128, § 3; SL 1978, ch 272, § 6.
36-16-23 Reciprocal licenses to electricians from other states.
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.
Source: SL 1963, ch 216, § 19; SL 1986, ch 302, § 24.
36-16-24
36-16-24.
Repealed by SL 1986, ch 315, § 10.
36-16-25 Approval of license--Emergency farm and residential repairs exempt--Expiration and renewal...
36-16-25.
Approval of license--Emergency farm and residential repairs exempt--Expiration
and renewal of licenses.
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
following the date of issuance of each even-numbered year commencing in 1986, and may be
renewed by the commission upon application of the holder of the license, payment of the fee, filing
a valid liability insurance policy and payment of the required deposit to the special fund at any time
within thirty days from the date of such expiration.
Source: SL 1963, ch 216, §§ 6(1), 13; SL 1967, ch 128, § 3; SL 1986, ch 302, § 29; SL 1987, ch
273, § 2; SL 1987, ch 274, § 2; SL 1991, ch 308, § 6.
36-16-26 Contractor's license terminated on death--Continuation of business.
36-16-26.
Contractor's license terminated on death--Continuation of business.
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 this chapter.
Source: SL 1963, ch 216, § 11 (2).
36-16-27 Electrical work to comply with rules--Wiring permit required before connection--Fees.
36-16-27.
Electrical work to comply with rules--Wiring permit required before connection--Fees.
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 except
for communication service may be connected for use until a wiring permit has been furnished to the
person, firm, or corporation supplying electrical energy certifying that a wiring permit has been
obtained in compliance with the rules promulgated by the commission. No rule specifying a wiring
permit fee may exceed fifteen dollars each. No rule specifying a late wiring permit procedure fee and
failure to renew permit fees may exceed seven hundred fifty dollars. However, a wiring permit for
emergency temporary service may be issued by the commission in accordance with its rules
promulgated pursuant to chapter 1-26.
Source: SL 1963, ch 216, § 5 (3); SL 1986, ch 315, § 11; SL 1994, ch 302, § 2; SL 1995, ch 221,
§ 2; SL 2009, ch 184, § 2.
36-16-28 Report to commission of electrical work done.
36-16-28.
Report to commission of electrical work done.
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.
36-16-29 State commission inspectors and inspections--Report of inspection.
36-16-29.
State commission inspectors and inspections--Report of inspection.
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 it except on work covered in
§ 36-16-16. A report of such inspections shall be made on forms prescribed by the commission.
Source: SL 1963, ch 216, § 5 (1), (2); SL 1967, ch 128, § 2; SL 1978, ch 272, § 7; SL 1993, ch 281,
§ 2.
36-16-30 Installation inspection fees.
36-16-30.
Installation inspection fees.
The State Electrical Commission may promulgate
rules, pursuant to chapter 1-26, to establish and collect installation inspection fees for: new
residential installations, based on ampere capacity not to exceed three hundred dollars plus circuits;
service connections on other installations, based on ampere capacity not to exceed three hundred
seventy-five dollars plus circuits; circuit installations or alterations, based on ampere capacity not
to exceed fifty dollars; remodeling work for each opening or connection not to exceed three dollars
each and one dollar and fifty cents for each additional opening or connection, lighting fixture not to
exceed three dollars for the first forty fixtures and not to exceed one dollar and fifty cents for each
additional lighting fixture, motor or special equipment not to exceed eighteen dollars; apartment
buildings per unit not to exceed fifty dollars; outdoor or area lighting per lighting standard not to
exceed sixty dollars; field irrigation systems not to exceed one hundred dollars plus three dollars per
motor; mobile home service and feeders not to exceed eighty dollars per unit; recreational vehicle
service not to exceed twenty dollars per unit; swimming pools not to exceed two hundred dollars;
each late correction order or wiring permit procedure not to exceed one hundred fifty dollars;
carnivals and seasonal dwellings for each generator or transformer and reinspection of each unit not
to exceed thirty dollars; wiring permits not to exceed fifteen dollars; modular homes and structures
manufactured out-of-state not to exceed one hundred fifty dollars per day plus travel and living
expenses.
Source: SL 1963, ch 216, § 5 (2); SL 1967, ch 128, § 2; SL 1986, ch 302, § 25; SL 1994, ch 303;
SL 1995, ch 221, § 3; SL 2009, ch 184, § 3; SL 2011, ch 179, § 5.
36-16-31 Condemnation of hazardous installations--Notice--Appeal to commission and circuit court.
36-16-31.
Condemnation of hazardous installations--Notice--Appeal to commission and
circuit court.
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
to the owner's right of appeal to the commission. The commission shall comply with chapter 1-26,
and its decision may be appealed as provided by chapter 1-26.
Source: SL 1963, ch 216, § 5 (2); SL 1967, ch 128, § 2; revised pursuant to SL 1972, ch 15, § 4.
36-16-32 Correction of condemned installation required before reconnection.
36-16-32.
Correction of condemned installation required before reconnection.
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.
36-16-33 Revocation of license.
36-16-33.
Revocation of license.
The State Electrical Commission may, in compliance with
chapter 1-26, revoke a license at any time provided such registered person fails to perform the
electrical work in accordance with the approved standards provided for in this chapter.
Source: SL 1963, ch 216, § 13; revised pursuant to SL 1972, ch 15, § 4.
36-16-34 Failure to register, obtain license or report wiring as misdemeanor.
36-16-34.
Failure to register, obtain license or report wiring as misdemeanor.
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.
36-16-34.1 Action for injunction--Election of remedies.
36-16-34.1.
Action for injunction--Election of remedies.
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 created to carry out directions to the Code Commission contained in SL 1972,
ch 15, § 4.
36-16-35 More stringent local and utility requirements permitted.
36-16-35.
More stringent local and utility requirements permitted.
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.
Source: SL 1963, ch 216, § 5 (4); SL 1967, ch 128, § 2.
36-16-36 Civil liability for damages and injuries unaffected--Public liability not created.
36-16-36.
Civil liability for damages and injuries unaffected--Public liability not created.
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 any of its political
subdivisions be held as assuming any liability by reason of any of the provisions of this chapter.
Source: SL 1963, ch 216, § 16.
36-16-37 Severability of provisions.
36-16-37.
Severability of provisions.
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.
36-16-38 Promulgation of rules for reinstatement of expired license.
36-16-38.
Promulgation of rules for reinstatement of expired license.
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.
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