36-25-14.
Administration of chapter--Promulgation of rules by commission.
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 and underground irrigation
installer apprentice license.
36-25-15.
Standards adopted for plumbing--Conformity to Uniform Plumbing Code.
The
commission shall, in compliance with chapter 1-26, adopt and publish minimum standards relative
to 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 shall be designed, constructed, installed, improved, extended, and
altered in substantial accord with the requirements of the 2009 Uniform Plumbing Code,
International Association of Plumbing and Mechanical Officials, as in effect January 1, 2009, and
such amendments or revision adopted by the commission to protect the health, life, safety, and
welfare of persons and property in this state.
Source: SL 1970, ch 222, § 3 (2); revised pursuant to SL 1972, ch 15, § 4; SL 1977, ch 304, § 1;
SL 1993, ch 295; SL 1994, ch 308; SL 1996, ch 237; SL 2003, ch 208, § 1; SL 2010, ch 194, § 1.
36-25-15.1 Scope and objectives of plumbing standards and rules.
36-25-15.1.
Scope and objectives of plumbing standards and rules.
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.
Source: SDCL, § 36-25-15 as enacted by SL 1977, ch 304, § 1.
36-25-16 Local regulations permitted--Minimum standards--Plumbing by registrant pending municipal p...
36-25-16.
Local regulations permitted--Minimum standards--Plumbing by registrant pending
municipal permit.
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.
Source: SL 1970, ch 222, § 15; SL 1977, ch 304, § 2.
36-25-17 License required for plumbing work on public waterworks or sewerage system--Exceptions.
36-25-17.
License required for plumbing work on public waterworks or sewerage system--Exceptions.
No person may engage in plumbing for which a permit 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. 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 or that part of the premises owned and actually occupied by the
person as the person's residence;
(2)
Plumbing repair work on premises where the person is employed and performing the
plumbing repair work; or
(3)
Plumbing repair work on the person's own property.
Source: SL 1970, ch 222, § 12; SL 2003, ch 206, § 2.
36-25-17.1 Waiver of licensing requirements for applicants in rural areas and small municipalities--E...
36-25-17.1.
Waiver of licensing requirements for applicants in rural areas and small
municipalities--Examination.
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.
Source: SL 2003, ch 206, § 3; SL 2012, ch 252, § 2.
36-25-17.2 Training to be provided--Scope and contents--Exception.
36-25-17.2.
Training to be provided--Scope and contents--Exception.
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.
Source: SL 2003, ch 206, § 4.
36-25-18 Commission as committee of examiners--Duties of committee.
36-25-18.
Commission as committee of examiners--Duties of committee.
The commission
shall also serve as a committee of plumbing examiners. The duties of such committee shall be to
examine the qualifications of all persons having made application to the commission for a permit
to engage in the business or trade of plumbing contractor, plumber, or plumber's apprentice.
Source: SL 1970, ch 222, § 4 (1), (2).
36-25-19 Application for plumber's permit--Examination--Reexamination--Fees.
36-25-19.
Application for plumber's permit--Examination--Reexamination--Fees.
Application
for a plumber's permit shall be made to the commission, accompanied by the proper fee. Unless the
applicant is entitled to a renewal he shall be registered by the commission only after satisfactorily
passing an examination showing fitness to practice his trade. Examinations may be held in
conjunction with any quarterly meeting of the commission.
The commission may promulgate rules, pursuant to chapter 1-26, to establish reexamination fees
for: plumbing contractor, plumber, water conditioning and treatment plumbing contractor, water
conditioning and treatment plumbing installer, appliance plumbing contractor, appliance plumbing
installer, sewer and water plumbing contractor, sewer and water plumbing apprentice installer,
manufactured and mobile home contractor, manufactured and mobile home installer, manufactured
and mobile home apprentice, underground irrigation contractor, underground irrigation installer and
underground irrigation installer apprentice. No fee may exceed one hundred dollars.
Source: SL 1970, ch 222, §§ 4 (3), (6); SL 1986, ch 302, § 31; SL 1987, ch 29, § 93; SL 1987, ch
278, § 2; SL 1993, ch 294, § 2; SL 2008, ch 191, § 55.
36-25-19.1 Plumbing installation certificate--Plumbing inspection--Fees.
36-25-19.1.
Plumbing installation certificate--Plumbing inspection--Fees.
The commission
shall collect a plumbing permit fee from any person responsible for the installation of plumbing
work. The plumbing inspection fee shall include the fee for a plumbing installation certificate, plus
the appropriate fees for the plumbing fixtures to be inspected. The maximum fee for permits in a
single-family dwelling unit is fifty dollars. The maximum fee for permits in a multiple-dwelling unit
or public building is two hundred dollars. The commission shall establish by rule promulgated
pursuant to chapter 1-26 the fee for the plumbing installation certificate and the fees for inspections
of plumbing fixtures.
Source: SL 2003, ch 207, § 2; SL 2008, ch 191, § 56.
36-25-19.2 Plumbing permit not required in certain situations.
36-25-19.2.
Plumbing permit not required in certain situations.
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.
Source: SL 2003, ch 207, § 3.
36-25-19.3 Fees for plumbing code training courses.
36-25-19.3.
Fees for plumbing code training courses.
Any person participating in any code
training courses offered by the commission shall remit a fee not to exceed twenty-five dollars. The
commission shall establish the training fee, by rules promulgated pursuant to chapter 1-26, to offset
expenses of the training.
Source: SL 2003, ch 207, § 4.
36-25-20
36-25-20.
Omitted.
36-25-21 Reciprocity with other states.
36-25-21.
Reciprocity with other states.
The commission may register, without examination
upon the payment of the required fee, nonresident applicants registered under the laws of other states
having requirements for regulating plumbers which the commission determines are substantially
equivalent to the requirements of this state.
Source: SL 1970, ch 222, § 11.
36-25-22 Registration and issuance of permit--Expiration and renewal--Fees.
36-25-22.
Registration and issuance of permit--Expiration and renewal--Fees.
The
commission shall register and issue a permit to applicants who have successfully qualified for such
permit under the provisions of this chapter and upon payment of the fee herein provided. Permits
shall expire December thirty-first of each year, but may be renewed upon application made not later
than the following January thirty-first.
The commission shall promulgate rules, pursuant to chapter 1-26, to establish the renewal of
license fees for: plumbing contractor, plumber, water conditioning plumbing installer apprentice,
water conditioning and treatment plumbing contractor, water conditioning plumbing installer,
appliance installation plumbing contractor, appliance plumbing installer, appliance plumbing
installer apprentice, sewer and water installation plumbing contractor, sewer and water plumbing
installer, sewer and water plumbing installer apprentice, manufactured and mobile home contractor,
manufactured and mobile home installer, manufactured and mobile home apprentice, underground
irrigation contractor, underground irrigation installer and underground irrigation installer apprentice.
No fee may exceed two hundred fifty dollars.
Source: SL 1970, ch 222, §§ 5, 6; SL 1986, ch 302, § 32; SL 1987, ch 278, § 3; SL 1993, ch 294,
§ 3; SL 2008, ch 191, § 57.
36-25-22.1 Repealed by SL 2012, ch 252, § 3.
36-25-22.1.
Repealed by SL 2012, ch 252, § 3.
36-25-23 Temporary permits.
36-25-23.
Temporary permits.
The commission may issue temporary, revocable permits for
a period of not to exceed one year, to persons furnishing satisfactory evidence to the board of their
qualifications.
Source: SL 1970, ch 222, § 7.
36-25-24 Fees for permits, initial examination and license, and temporary license.
36-25-24.
Fees for permits, initial examination and license, and temporary license.
Fees for
permits for plumbing contractors and plumbers shall be promulgated in rules by the commission,
which fees shall be payable prior to taking the examination for the first time.
There is no fee for a plumber's apprentice if such person is actively engaged in the trade of an
apprentice plumber as defined in this chapter, but no person is entitled to such permit for longer than
four years.
The fee for a temporary permit shall be as determined by the commission. The commission shall
promulgate rules, pursuant to chapter 1-26, to establish initial examination and license fees and
temporary license fees for: plumbing contractor, plumber, water conditioning and treatment
plumbing contractor, water conditioning plumbing installer, appliance installation plumbing
contractor, appliance plumbing installer, sewer and water plumbing contractor, sewer and water
plumbing installer, manufactured and mobile home contractor, manufactured and mobile home
installer, manufactured and mobile home apprentice, underground irrigation contractor, underground
irrigation installer and underground irrigation installer apprentice. No fee may exceed one hundred
dollars.
Source: SL 1970, ch 222, § 9; SL 1972, ch 208; revised pursuant to SL 1972, ch 15, § 3; SL 1986,
ch 302, § 33; SL 1987, ch 278, § 4; SL 1993, ch 294, § 4; SL 2008, ch 191, § 59.
36-25-24.1 Underground irrigation defined.
36-25-24.1.
Underground irrigation defined.
As used in §§ 36-25-14, 36-25-19, 36-25-22,
and 36-25-24, the term, underground irrigation, refers to any nonagricultural, landscape irrigation
system.
Source: SL 1993, ch 294, § 6; SL 1996, ch 238.
36-25-25
36-25-25.
Repealed by SL 1971, ch 216, § 2.
36-25-26 Notice to commission of change of address.
36-25-26.
Notice to commission of change of address.
Every holder of any permit granted
under the provisions of this chapter shall promptly notify the commission of any change in his
business or residence address.
Source: SL 1970, ch 222, § 11.
36-25-27 Revocation of permit--Grounds.
36-25-27.
Revocation of permit--Grounds.
The commission may revoke the permit of any
person for a willful violation of any of the rules and regulations of the commission, for violation of
the State Plumbing Code, local ordinances applicable to plumbing work, or for knowingly aiding or
abetting any unlicensed person to do plumbing work where permits are required under this chapter.
Source: SL 1970, ch 222, § 10.
36-25-28 Procedure for revocation of permit.
36-25-28.
Procedure for revocation of permit.
Before revoking any permit the commission
shall comply with chapter 1-26.
Source: SL 1970, ch 222, § 10; revised pursuant to SL 1972, ch 15, § 4; SL 1992, ch 26, § 10.
36-25-29
36-25-29.
Omitted.
36-25-30 Violation of chapter as misdemeanor.
36-25-30.
Violation of chapter as misdemeanor.
Any person, firm, or corporation violating
any provision of this chapter is guilty of a Class 2 misdemeanor.
Source: SL 1970, ch 222, § 13; SL 1977, ch 190, § 203.
36-25-31 Injunction to prevent violations--Election of remedies.
36-25-31.
Injunction to prevent violations--Election of remedies.
The State Plumbing
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.
36-25-32 Continuing education.
36-25-32.
Continuing education.
Commencing January 1, 2010, 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
calendar year. 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.
Source: SL 2008, ch 196, § 1.
Title 36
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