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Administrative Rules

CHAPTER 20:44:23

MODULAR HOMES AND STRUCTURES

Section

20:44:23:01        Modular homes and modular structures -- Compliance with requirements.

20:44:23:02        Wiring permit required for modular homes and modular structures.

20:44:23:03        Inspection of modular homes and modular structures.

20:44:23:04        Inspection fees for modular homes and modular structures.

20:44:23:05        Third-party inspection.




Rule 20:44:23:01 Modular homes and modular structures -- Compliance with requirements.

          20:44:23:01.  Modular homes and modular structures -- Compliance with requirements. The installation of electrical wiring, materials, and equipment in modular homes and modular structures must comply with this article and the National Electrical Code before power may be supplied to them. A wiring permit, inspection fee or inspection is not required for modular homes or modular structures exported out of South Dakota.

 

          Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; compliance requirements for modular homes and structures made out-of-state transferred from § 20:44:08:02, 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:08:01, August 12, 1994; 35 SDR 305, effective July 1 , 2009.

          General Authority: SDCL 36-16-12.

          Law Implemented: SDCL 36-16-12, 36-16-13, 36-16-27.

 




Rule 20:44:23:02 Wiring permit required for modular homes and modular structures.

          20:44:23:02.  Wiring permit required for modular homes and modular structures. Wiring permits must be obtained from the commission office and provided with each individual modular home or modular structure manufactured in this state or transported into this state. A qualified person, pursuant to § 20:44:20:02.01, must fill out and sign the wiring permit, completely describing the installation as required on the forms. The white copy of the wiring permit along with the required inspection fee must be forwarded to the commission office before the modular home or structure leaves the place of manufacture in South Dakota or is transported into South Dakota. The address of the destination and the name of the South Dakota dealer or the party purchasing the modular structure must also be provided. The blue copy of the wiring permit may be retained by the company. The hard copy of the wiring permit shall be posted near the service entrance disconnect switch location.

 

          Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:08:03, August 12, 1994; 37 SDR 236, effective June 29, 2011.

          General Authority: SDCL 36-16-12.

          Law Implemented: SDCL 36-16-12, 36-16-27, 36-16-28.

 

          Cross-References:

          Inspection fees for new residential electrical installations, § 20:44:20:01.

          Inspection fees for service connections on other electrical installations, § 20:44:20:02.

          Inspection fees for circuit installations or alterations, § 20:44:20:03.

          Inspection fees for modular homes and modular structures, § 20:44:23:04.

 




Rule 20:44:23:03 Inspection of modular homes and modular structures.

          20:44:23:03.  Inspection of modular homes and modular structures. Inspection of modular homes and modular structures located in or transported into this state must be by one of the following procedures:

          (1)  Inspection by a nationally recognized inspection agency approved by the commission, provided the agency's label is attached;

          (2)  In-factory inspection by a South Dakota state electrical inspector;

          (3)  Modular home or structure wiring and wiring permit placement according to § 20:44:23:02 by a person qualified for an electrical license under subdivision (2) or (3) of SDCL 36-16-2; or

          (4)  Third-party inspection permitted only by prior agreement with the commission.

          Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:08:04, August 12, 1994.

          General Authority: SDCL 36-16-12.

          Law Implemented: SDCL 36-16-12, 36-16-27.

          Cross-Reference: State electrical inspector authorized to enforce rules and specifications, § 20:44:22:04.




Rule 20:44:23:04 Inspection fees for modular homes and modular structures.

          20:44:23:04.  Inspection fees for modular homes and modular structures. The fees for inspection of modular homes and modular structures conducted under subdivisions 20:44:23:03(1), (3), and (4) are as required by §§ 20:44:20:01, 20:44:20:02, 20:44:20:02.01, and 20:44:20:03. The manufacturer must pay $100 a day for each inspector, plus travel and living expenses, for inspections conducted pursuant to subdivision 20:44:23:03(2).

 

          Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:08:05, August 12, 1994; 37 SDR 236, effective June 29, 2011.

          General Authority: SDCL 36-16-12, 36-16-30.

          Law Implemented: SDCL 36-16-12, 36-16-30.

 




    20:44:23:05.  Third-party inspection. The commission office may approve an individual or multiple individuals at a business entity as a third-party inspector to conduct inspections of modular homes and modular structures under subdivision 20:44:23:03(4). A third-party inspector shall have similar qualifications to a state-licensed electrical inspector and shall conduct electrical inspections in accordance with SDCL chapter 36-16 and this article.

    An individual or multiple individuals at a business entity seeking approval by the commission to conduct third-party inspections must submit an application in the format designated by the commission office. An initial or renewal application must include:

    (1)  A list of modular home and modular structure manufacturers in South Dakota with which the third party has contracted;

    (2)  A list of jurisdictions in which the third party presently performs any inspections, including any supporting documentation;

    (3)  A list of all individuals who will be conducting the inspections and their qualifications;

    (4)  Certificate of liability insurance of at least one million dollars;

    (5)  Copy of accreditation with a nationally recognized testing laboratory as defined by 29 C.F.R. § 1910.7 (January 1, 2024); and

    (6)  Surety bond of one hundred thousand dollars.

    An approval for a third party to conduct inspections is valid for two years and only for the individuals identified in the most recent application. A renewal application must be submitted every biennium on the form designated by the commission office.

    Source: 51 SDR 54, effective November 12, 2024.

    General Authority: SDCL 36-16-12.

    Law Implemented: SDCL 36-16-27, 36-16-29.

Online Archived History: