CHAPTER 20:53:02
ADMINISTRATION
Section
20:53:02:01 Repealed.
20:53:02:02 Duties of president.
20:53:02:03 Duties of vice-president.
20:53:02:04 Duties of secretary-treasurer.
20:53:02:05 Office of the commission.
20:53:02:06 Repealed.
20:53:02:07 Repealed.
20:53:02:08 Testing.
20:53:02:09 Notice of exam.
20:53:02:10 Grading exams.
20:53:02:11 Superseded.
20:53:02:12 Repealed.
20:53:02:13 Petition for declaratory ruling.
20:53:02:14 Commission action on petition.
20:53:02:15 Commission meetings on petition for new rules.
20:53:02:16 Repealed.
20:53:02:17 Finality of commission decision.
20:53:02:18 Failure to appear for examination.
20:53:02:19 Temporary permits.
20:53:02:20 License expiration.
20:53:02:21 Reciprocity.
20:53:02:22 Inspection.
20:53:02:22.01 Concealment and final inspection.
20:53:02:23 Repealed.
20:53:02:01. Meetings.Repealed.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 30 SDR 25, effective August 31, 2003.
20:53:02:02. Duties of president. The president is the principal executive officer of the commission and, subject to the control of the commission, shall in general supervise and control all business and affairs of the commission. He shall preside at all meetings of the commission. All instruments executed by the commission shall be signed by the president or the vice-president in the absence of the president. The commission may specifically designate other duties to the president.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
Law Implemented:SDCL 36-25-8.
20:53:02:03. Duties of vice-president. The vice-president shall act for the president in the event of his death or inability or refusal to act. When acting for the president, the vice-president shall have all powers of the president. The vice-president may be assigned additional duties by the president or the commission.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
Law Implemented:SDCL 36-25-8.
20:53:02:04. Duties of secretary-treasurer. The secretary-treasurer shall have the following duties: keep the minutes of the commission meetings; assist the president in the performance of his duties including giving all notices that are duly required by law; be custodian of the records and seal of the commission and affix the seal to all documents executed in behalf of the commission; sign all documents and execute all instruments as directed by the commission; have care and custody and be responsible for all funds and securities deposited with the commission and deposit such funds with the state treasurer who shall credit the moneys to the South Dakota plumbing commission account; and keep records of all applications and licenses issued in the register.
Source: SL 1975, ch 16, § 1; 5 SDR 87, effective April 12, 1979; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
Law Implemented:SDCL 36-25-8.
Cross-References: Minutes required to be filed with auditor general, SDCL 1-25-3; Moneys may not be deposited in local banks without permission of state auditor and state treasurer SDCL 4-4-3.
20:53:02:05. Office of the commission. The principal office of the commission is in the city of Pierre, Hughes County, South Dakota.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
Law Implemented:SDCL 36-25-14.
20:53:02:06. Adoption of rules.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 4 SDR 10, effective August 28, 1977.
20:53:02:07. Bond of secretary-treasurer.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 5 SDR 87, effective April 12, 1979.
20:53:02:09. Notice of exam. Each applicant shall be given 10 days' notice by first class mail of the time and place of examination. The notice shall only be given the first time an examination is taken. If an applicant fails to appear at his first examination or desires to retake the examination after failing it, he shall obtain the testing date and place from the secretary-treasurer of the commission. An applicant may waive the 10-day notice of the examination.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
20:53:02:10. Grading exams. The commission shall grade all examinations, but may delegate responsibilities in grading to the secretary-treasurer.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
20:53:02:11. Rule changes.Superseded.
Code Commission Note:SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.
20:53:02:12. Agency action on request.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 4 SDR 10, effective August 28, 1977.
20:53:02:13. Petition for declaratory ruling. Any person wishing the commission to issue a ruling as to the applicability to that person of any statutory provision or rule or order of the commission may file with the commission a petition in substantially the following form:
STATE OF SOUTH DAKOTA
State Plumbing Commission
Pierre, South Dakota 57501
Petition for Declaratory Ruling
Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner) and do hereby petition the South Dakota State Plumbing Commission for its declaratory ruling in regard to the following:
1. The state statute or State Plumbing Commission rule or order in question is: (here identify and quote the pertinent statute, rule or order).
2. The facts and circumstances which give rise to the issue to be answered by the commission's declaratory ruling are:
3. The precise issue to be answered by the commission's declaratory ruling is:
Dated at (city and state), this ______ day of ____________ 20__.
(Signature of petitioner)
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 29, effective September 5, 2019
General Authority: SDCL 1-26-15.
Law Implemented: SDCL 1-26-15.
20:53:02:14. Commission action on petition. Upon receipt of a petition, the commission's executive director may request from the petitioner further information that may be required by the commission for the issuance of a ruling. If the petitioner refuses to provide further information the petition shall be added to the agenda of the commission's next meeting. If the commission finds the petition contains sufficient information and is within its jurisdiction, the commission shall issue a declaratory ruling and serve a copy of the ruling by certified mail upon the petitioner.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 29, effective September 5, 2019.
General Authority: SDCL 1-26-15.
Law Implemented: SDCL 1-26-15.
20:53:02:15. Commission meetings on petition for new rules. The commission may hold a meeting by telephone conference call to decide on any petitions filed pursuant to SDCL 1-26-13.
Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
Law Implemented:SDCL 1-26-13.
20:53:02:16. Request for decision from agency.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 4 SDR 10, effective August 28, 1977.
20:53:02:17. Finality of commission decision. No decision of the commission shall be effective upon any person until notice of the decision has been given in accordance with SDCL 1-26.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
Law Implemented:SDCL 1-26, 21-33.
Cross-Reference: Appeals from administrative agencies, SDCL 1-26-30 to 1-26-37.
20:53:02:18. Failure to appear for examination. All applications for examination for all licenses shall expire and be cancelled after a period of six months from the date of approval for examination. Fees will be forfeited if the applicant fails to appear for examination within that period.
Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
20:53:02:19. Temporary permits. Temporary permits for any license issued under these rules may be issued in emergency cases and will expire three months after issuance, unless the applicant is licensed sooner, after examination. The fee for a temporary permit is $50.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 33, effective September 12, 1999.
General Authority:SDCL 36-25-14, 36-25-24.
Law Implemented:SDCL 36-25-23.
20:53:02:20. License expiration. All licenses issued under these rules expire December 31 of each year. They may be renewed upon application not later than the immediately following January 31.
An application to reinstate an expired license received after the immediately following January 31 is subject to initial license application requirements. If an application to reinstate an expired license is received within one year of expiration the examination will be waived.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 88, effective November 12, 1989; 46 SDR 29, effective September 5, 2019; 47 SDR 71, effective December 14, 2020.
General Authority: SDCL 36-25-14.
Law Implemented: SDCL 36-25-19.
20:53:02:21. Reciprocity. Applicants for any license issued by the commission who desire to be licensed without examination shall apply for their South Dakota license on forms provided by the commission. The applicant shall have been licensed by examination in the state from which he comes, the state shall have licensure laws similar to South Dakota's, and the applicant's work in the state from which he comes shall comply with that state's plumbing code and that state's plumbing code shall be equal to or exceed the South Dakota state plumbing code. The commission will investigate these matters and may require affidavits. The commission shall, in writing, grant the license or notify the applicant of the reasons the license is refused. If the license is refused the matter shall be treated as a contested case and a hearing date set. The normal examination fee shall accompany the application.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 36-25-14.
Law Implemented:SDCL 36-25-21.
Cross-References:
Examination fees, § 20:53:03:01.
License procedures, fees, and expiration, § 20:53:04:04.
Examination fees, § 20:53:05:02.
Examination fees, § 20:53:06:02.
20:53:02:22. Inspection. An inspector employed by the commission shall carry out inspections of plumbing throughout the state. An inspection request shall be made at least 72 hours in advance, excluding Saturdays, Sundays, and holidays. Testing is the responsibility of the contractor, installer, or plumber and does not need to be witnessed by an inspector. The inspector shall record all violations of the state plumbing code. The inspector shall leave the inspection report at the site or mail or email it to the permittee or authorized representative. The inspector shall personally deliver or mail a citation report to the permittee responsible for correcting a violation. The permittee responsible for the violations shall either correct the cited violation or request a hearing on the matter before the commission within 21 days. Within 10 days after hearing, the commission shall issue its order on the cited violation in accordance with SDCL chapter 1-26.
Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 29, effective September 3, 1987; 30 SDR 40, effective October 1, 2003; 47 SDR 71, effective December 14, 2020.
General Authority: SDCL 36-25-15.1.
Law Implemented: SDCL 36-25-10, 36-25-15.1.
20:53:02:22.01. Concealment and final inspection. No permittee may conceal any drainage, waste, or vent system until the final inspection has been completed and the inspector has approved that portion of the system. Backfilling is considered concealment. A system that has been conealed prior to inspection must be unconcealed by the permittee prior to an inspection. Upon completion of the entire drainage, waste, or vent system a final inspection is required.
Source: 30 SDR 40, effective October 1, 2003; 47 SDR 71, effective December 14, 2020.
General Authority: SDCL 36-25-15.1.
Law Implemented: SDCL 36-25-10.
20:53:02:23. Qualifications for plumbing inspector. Repealed.
Source: 15 SDR 136, effective March 15, 1989; 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.
