(Senate Bill 51)
An Act to transfer licensure of individuals who may alter, repair, construct, or install on-site wastewater systems to the Plumbing Commission.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That a NEW SECTION be added:
36-25-17.3. License required--Small on-site wastewater system work.
An individual and small on-site wastewater system may only be altered, repaired, constructed, or installed by an individual with an individual and small on-site wastewater system installer license.
Section 2. That § 36-25-1 be AMENDED.
36-25-1. Definition of terms.
Terms used in this chapter mean:
(1) "Commission," the State Plumbing Commission created by this chapter;
(2) "Individual and small on-site wastewater system," a system or facility designed to contain, neutralize, stabilize, disperse, or treat wastewater on or near the location where the wastewater is generated;
(3) "Plumber," any person other than a plumbing contractor who, as that person's principal occupation, is engaged as an employee of, or otherwise working under, the direction of a plumbing contractor in the installation of plumbing, and who is lawfully qualified and registered as a plumber pursuant to the provisions of this chapter;
apprentice," any person other than a plumber or plumbing
contractor who is engaged in working as an employee of a plumbing
contractor under the immediate and personal supervision of either a
plumbing contractor or plumber in learning and assisting in the
installation of plumbing; (4)(5) "Plumbing,"
the practice of, and the furnishing and the use of materials and
fixtures in the installation, extension, and alteration of all
piping, fixtures, appliances, and appurtenances in connection with
sanitary drainage or storm drainage facilities, the venting system
and the public water supply systems, within or adjacent to any
building, structure, or conveyance. The term includes the
installation, extension, or alterations of the storm‑water,
liquid waste, or sewerage and water‑supply systems of any
premises to their connection with any point of public disposal, or
other regulated terminal; (5)(6) "Plumbing
contractor," any person qualified and skilled in the planning,
superintending, and the practical installation of plumbing, and
otherwise qualified and registered to contract for plumbing
installations and conduct the business of plumbing, and familiar with
the laws and rules governing plumbing; (6)(7) "Plumbing
installation certificate," the certificate issued for each
installation or occurrence by the commission that authorizes a person
to perform plumbing; (7)(8) "Plumbing
repair work," repairs to keep plumbing in an existing state
including repair and replacement of faucets, valves in existing
systems, repair of leaks in existing water and waste systems,
replacement of damaged water closet and lavatory fixtures if it does
not involve changes in rough‑in, replacement of temperature and
pressure relief valves on existing systems, or cleaning of sewer
lines. Plumbing repair work does not include cutting into or
extending water or waste lines or rough‑in for new plumbing
work of any kind.
Section 3. That § 36-25-14 be AMENDED.
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
underground irrigation installer apprentice license,
and individual and small on-site wastewater system installer license.
Section 4. That § 36-25-19 be AMENDED.
36-25-19. Application for license--Examination--Fees.
A person may apply for a license required by this chapter to the commission, accompanied by a license fee established by the commission under this section. If the person is not entitled to a renewal, the commission shall register a person who satisfactorily passes an examination showing fitness to practice the person's trade. Examinations may be held in conjunction with any quarterly meeting of the commission.
A license issued under this section expires on December thirty-first and may be renewed no later than the immediately following January thirty-first.
The commission shall promulgate
rules, pursuant to chapter 1-26,
to establish examination and reexamination fees, and license and
renewal of license fees for: plumbing contractor, plumber, water
conditioning contractor, water conditioning installer, appliance
contractor, appliance installer, sewer and water contractor, sewer
and water installer, manufactured and mobile home contractor,
manufactured and mobile home installer, underground irrigation
and individual and small on-site wastewater system installer.
No fee established under this section for an examination or reexamination may exceed one hundred dollars. No fee established under this section for a license or renewal of license may exceed three hundred dollars.
Section 5. That § 34A-2-108 be REPEALED.
34A-2-108. Certification of individuals responsible for the supervision of the alteration, repair, construction and installation of certain systems--Violation.
Signed February 22, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.