CHAPTER 36-25
PLUMBERS
36-25-1 Definition of terms.
36-25-2 State Plumbing Commission created--Appointment and qualifications of members.
36-25-3 Terms of commission members.
36-25-4 Oath of office of commission members--Tenure.
36-25-5 Vacancies on commission.
36-25-6 Meetings of commission--Quorum.
36-25-6.1 Commission continued within Department of Labor and Regulation--Records and reports.
36-25-7 Seal and record of proceedings--Register.
36-25-8 Officers of commission--Terms of office.
36-25-9 36-25-9. Repealed by SL 2015, ch 259, § 2.
36-25-10 Employment of inspectors and assistants.
36-25-11 36-25-11. Repealed by SL 1971, ch 23, § 2.
36-25-12 Compensation of secretary-treasurer and employees--Other expenses.
36-25-13 36-25-13. Repealed by SL 1978, ch 277, § 2.
36-25-13.1 Payment of income to state treasurer--Account in treasury--Appropriation for expenses.
36-25-14 Administration of chapter--Promulgation of rules by commission.
36-25-15 Standards adopted for plumbing--Conformity to Uniform Plumbing Code.
36-25-15.1 Scope and objectives of plumbing standards and rules.
36-25-16 Local regulations permitted--Minimum standards--Plumbing by registrant pending municipal permit.
36-25-17 License required for plumbing work on property connected to public water or sewer system--Exceptions.
36-25-17.1 Waiver of licensing requirements for applicants in rural areas and small municipalities--Examination.
36-25-17.2 Training to be provided--Scope and contents--Exception.
36-25-17.3 License required--Small on-site wastewater system work.
36-25-18 Commission as committee of examiners--Duties of committee.
36-25-19 Application for license--Examination--Fees.
36-25-19.1 Plumbing inspection fee--Permit fee--Installation certificate fee.
36-25-19.2 Plumbing permit not required in certain situations.
36-25-19.3 Fees for plumbing code training courses.
36-25-19.4 Expiration of licenses issued under § 36-25-19--Renewal.
36-25-21 Reciprocity with other states.
36-25-22 36-25-22. Repealed by SL 2019, ch 169, § 7.
36-25-22.1 Repealed by SL 2012, ch 252, § 3.
36-25-23 Temporary permits.
36-25-24 Initial apprentice license fees--Temporary license fees.
36-25-24.1 Underground irrigation defined.
36-25-25 36-25-25. Repealed by SL 1971, ch 216, § 2.
36-25-26 Notice to commission of change of address.
36-25-27 Grounds for refusal to issue license, revocation, or suspension.
36-25-28 36-25-28. Repealed by SL 2019, ch 169, § 8.
36-25-30 Violation of chapter as misdemeanor.
36-25-31 Injunction to prevent violations--Election of remedies.
36-25-32 Continuing education.
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;
(4) "Plumber's 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;
(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;
(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;
(7) "Plumbing installation certificate," the certificate issued for each installation or occurrence by the commission that authorizes a person to perform plumbing;
(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.
Source: SL 1970, ch 222, § 1; SL 2003, ch 206, § 1; SL 2003, ch 207, § 1; SL 2021, ch 181, § 2.
36-25-2. State Plumbing Commission created--Appointment and qualifications of members.
There is created a State Plumbing Commission which shall perform all functions exercised by the former State Plumbing Board. The commission shall be composed of five members who shall be appointed by the Governor. The members shall not be all of the same political party. One member shall be a plumber, one a plumbing contractor, one a representative of the State Department of Health, and two shall be lay persons. Each member shall be a resident of this state.
Source: SL 1970, ch 222, § 2(1); SL 1975, ch 5, § 3; SL 1980, ch 376, §§ 17, 19, 20.
36-25-3. Terms of commission members.
Members of the State Plumbing Commission shall be appointed for terms of three years. 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. 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.
Source: SL 1970, ch 222, § 2(1); SL 1980, ch 376, §§ 17, 18; SL 2005, ch 199, § 59.
36-25-4. Oath of office of commission members--Tenure.
Members of the 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 office until his successor is appointed and qualified.
Source: SL 1970, ch 222, § 2 (1).
36-25-5. Vacancies on commission.
In the event of a vacancy on the commission for any reason, the Governor shall appoint a member to fill the unexpired term of the vacancy.
Source: SL 1970, ch 222, § 2 (2).
36-25-6. Meetings of commission--Quorum.
The commission shall meet quarterly at such time and place within this state as shall be designated by the commission. A majority of the members of the commission shall constitute a quorum for the transaction of business.
Source: SL 1970, ch 222, § 2 (5).
36-25-6.1. Commission continued within Department of Labor and Regulation--Records and reports.
The State Plumbing 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 (73-1), §§ 3(d), 56(o); SL 2003, ch 272 (Ex. Ord. 03-1), § 49; SL 2011, ch 1 (Ex. Ord. 11-1), § 33, eff. Apr. 12, 2011.
36-25-7. Seal and record of proceedings--Register.
The commission shall have a common seal and shall keep a record of its proceedings, including a register which shall show the action taken by the commission on all applications for permits.
Source: SL 1970, ch 222, § 2 (5); revised pursuant to SL 1972, ch 15, § 3.
36-25-8. Officers of commission--Terms of office.
The members of the commission shall, within thirty days after their appointment, meet and elect a president and vice-president from their own number, and elect or appoint a secretary-treasurer who need not be one of their number, each of whom shall hold their respective office for a term of one year and until their successors are elected and qualified.
Source: SL 1970, ch 222, § 2 (3).
36-25-10. Employment of inspectors and assistants.
The commission may employ inspectors and assistants as it deems necessary to administer and enforce the provisions of this chapter.
Source: SL 1970, ch 222, § 2 (4); revised pursuant to SL 1973, ch 23; SL 2015, ch 260, § 5.
36-25-12. Compensation of secretary-treasurer and employees--Other expenses.
The Bureau of Human Resources and Administration shall set the compensation of the secretary-treasurer, and of such other inspectors and assistants as may be necessary to carry out the provisions of this chapter, and the State Plumbing Commission may incur such other expense as may be necessary.
Source: SL 1970, ch 222, § 2 (4); SL 2012, ch 23, § 96; SL 2024, ch 1 (Ex. Ord. 24-1), § 35, eff. Apr. 8, 2024.
36-25-13.1. Payment of income to state treasurer--Account in treasury--Appropriation for expenses.
All moneys coming into the custody of the State Plumbing Commission each calendar month shall be paid by the commission to the state treasurer on or before the tenth day of the next month. The state treasurer shall credit the moneys to the State Plumbing Commission fund of the state treasurer, which account is hereby created. The moneys in the said State Plumbing Commission fund are for the purpose of paying the expense of administering and enforcing the provisions of this chapter, provided the total expense incurred shall not exceed the total moneys collected by the commission under the provisions of this chapter.
Source: SL 1978, ch 277, § 1.
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, underground irrigation installer apprentice license, and individual and small on-site wastewater system installer license.
Source: SL 1970, ch 222, § 3 (1); revised pursuant to SL 1972, ch 15, § 4; SL 1986, ch 302, § 30; SL 1987, ch 278, § 1; SL 1991, ch 24, § 11; SL 1991, ch 284, § 3; SL 1993, ch 294, § 1; SL 2021, ch 181, § 3.
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 2015 Uniform Plumbing Code, International Association of Plumbing and Mechanical Officials, as in effect January 1, 2015, 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); 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; SL 2016, ch 192, § 1.
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 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 property connected to public water or sewer system--Exceptions.
No person may engage in plumbing for which a license 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. However, 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 owned and actually occupied by the person as the person's residence;
(2) Plumbing on premises of a single-family dwelling unit that is in the process of being constructed, if the person owns the premises and intends to actually occupy the premises as the person's residence when construction is complete;
(3) Plumbing repair work on premises where the person is employed and performing the plumbing repair work; or
(4) Plumbing repair work on the person's own property.
Source: SL 1970, ch 222, § 12; SL 2003, ch 206, § 2; SL 2019, ch 172, § 1.
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.
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.
36-25-17.3. 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.
Source: SL 2021, ch 181, § 1.
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 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.
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 contractor, underground irrigation installer, 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.
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; SL 2014, ch 185, § 1; SL 2019, ch 169, § 3; SL 2021, ch 181, § 4; SL 2022, ch 153, § 1.
36-25-19.1. Plumbing inspection fee--Permit fee--Installation certificate fee.
Any person who is responsible for the installation of plumbing work shall pay a plumbing inspection fee. The plumbing inspection fee shall be the sum of a plumbing installation certificate fee plus a plumbing permit fee. The commission shall establish by rule, promulgated pursuant to chapter 1-26, the plumbing permit fee and the plumbing installation certificate fee. The plumbing permit fee for a single-family dwelling unit may not exceed seventy-five dollars. The plumbing permit fee for a multiple-dwelling unit or a public building may not exceed two hundred fifty dollars. The plumbing installation certificate fee may not exceed ten dollars.
The number of inspections for each permit is limited to three inspections. The commission may charge a fee of fifty dollars for any inspection in excess of the three allotted inspections.
Source: SL 2003, ch 207, § 2; SL 2008, ch 191, § 56; SL 2014, ch 185, § 2; SL 2019, ch 172, § 2.
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.
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.
36-25-19.4. Expiration of licenses issued under § 36-25-19--Renewal.
A license issued under § 36-25-19 expires annually on the following dates:
(1) For a plumbing contractor or plumber, December thirty-first; and
(2) For a 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 contractor, underground irrigation installer, or individual and small on-site wastewater system installer; June thirtieth.
An expired license may be renewed no later than six months following the date of expiration.
Source: SL 2022, ch 153, § 2.
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.
36-25-22.1. Repealed by SL 2012, ch 252, § 3.
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. Initial apprentice license fees--Temporary license fees.
The commission shall promulgate rules, pursuant to chapter 1-26, on fees for an initial apprentice license, the license's annual renewal, and a temporary license. The temporary license fees must be paid prior to taking the examination for the first time. No fee may exceed fifty 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; SL 2014, ch 185, § 4; SL 2022, ch 153, § 3.
36-25-24.1. Underground irrigation defined.
As used in §§ 36-25-14, 36-25-19, and 36-25-24, the term, underground irrigation, means any nonagricultural, landscape irrigation system.
Source: SL 1993, ch 294, § 6; SL 1996, ch 238; SL 2019, ch 169, § 5.
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. Grounds for refusal to issue license, revocation, or suspension.
The commission may, in accordance with chapter 1-26, refuse to issue, revoke, or suspend a license, or limit the scope of any license for:
(1) Failure to comply with any law, or any rule or order of the commission;
(2) Failure to comply with local plumbing ordinances;
(3) Failure to notify the commission in writing within thirty days following any denial, revocation, or suspension of a certificate, license, or permit issued by any other jurisdiction, or any change of address or employment;
(4) Knowingly aiding and abetting any person who is not licensed or permitted in accordance with this chapter to engage in activity that requires a license or permit under this chapter; or
(5) Conviction of or plea of guilty or nolo contendere to a crime of violence as defined under § 22-1-2. For purposes of this subdivision, a certified copy of the record of conviction or plea of guilty or nolo contendere is conclusive evidence.
Source: SL 1970, ch 222, § 10; SL 2019, ch 169, § 4.
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.
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.
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 license period. 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; SL 2022, ch 153, § 4.
