ARSD Article 20:38 — BOARD OF TECHNICAL PROFESSIONS

LABOR AND REGULATION LABOR AND REGULATION

Chapter 20:38:01 Definitions, Repealed

ARSD 20:38:01 Repealed chapter

CHAPTER 20:38:01 to 20:38:06

REPEALED

Chapter 20:38:02 General rules affecting commission, Repealed

ARSD 20:38:02 Repealed chapter

CHAPTER 20:38:02

REPEALED

Chapter 20:38:03 Registrants and applicants, Repealed

ARSD 20:38:03 Repealed chapter

CHAPTER 20:38:03

REPEALED

Chapter 20:38:04 Professional conduct, Repealed

ARSD 20:38:04 Repealed chapter

CHAPTER 20:38:04

REPEALED

Chapter 20:38:05 Surveyors, Repealed

ARSD 20:38:05 Repealed chapter

CHAPTER 20:38:05

REPEALED

Chapter 20:38:06 Contested cases, Repealed

ARSD 20:38:06 Repealed chapter

CHAPTER 20:38:06

REPEALED

Chapter 20:38:08 Declaratory rulings, Repealed

ARSD 20:38:08 Repealed chapter

CHAPTER 20:38:08 to 20:38:11

REPEALED

Code Commission Note: By statute, the Legislative Research Council has the authority to eliminate obviously obsolete rules. In the 1999 Session Laws, ch 195, § 74, the underlying statutory authority for chapters 20:38:01 through 20:38:06, inclusive, and chapters 20:38:08 through 20:38:11, inclusive, have been deleted and are replaced by ARSD chapters 20:38:12 through 20:38:26, inclusive.

Chapter 20:38:09 Disciplinary proceedings, Repealed

ARSD 20:38:09 Repealed chapter

CHAPTER 20:38:09

REPEALED

Chapter 20:38:10 Continuing education, Repealed

ARSD 20:38:10 Repealed chapter

CHAPTER 20:38:10

REPEALED

Chapter 20:38:11 Petroleum release assessors and remediators, Repealed

ARSD 20:38:11 Repealed chapter

CHAPTER 20:38:11

REPEALED

Chapter 20:38:13 Applications

ARSD 20:38:13:01 Transferred

Transferred to § 20:38:29:01** .

ARSD 20:38:13:02 Transferred

Transferred to § 20:38:29:02** .

ARSD 20:38:13:03 Transferred

Transferred to § 20:38:29:03** .

ARSD 20:38:13:04 Transferred

Transferred to § 20:38:29:04** .

ARSD 20:38:13:05 Transferred

Transferred to § 20:38:29:05** .

ARSD 20:38:13:06 Transferred

Transferred to § 20:38:29:06** .

ARSD 20:38:13:07 Repealed

Council records.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:13:08 Repealed

Comity applications.** Repealed.

History

• Source: 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

Chapter 20:38:14 Education

ARSD 20:38:14:01 Repealed

General.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:14:02 Repealed

Foreign education.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:14:03 Transferred

Transferred to § 20:38:30:01**

ARSD 20:38:14:04 Transferred

Transferred to § 20:38:30:02.**

ARSD 20:38:14:05 Transferred

Transferred to § 20:38:30:03.**

Chapter 20:38:16 Education and experience requirements chart, Repealed

ARSD 20:38:16 Repealed chapter

CHAPTER 20:38:16

EDUCATION AND EXPERIENCE REQUIREMENTS CHART

(Repealed. 38 SDR 121, effective January 16, 2012)

Chapter 20:38:17 Examinations

ARSD 20:38:17:01 Transferred

Transferred to § 20:38:32:01.**

ARSD 20:38:17:02 Repealed

Scores.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:17:03 Repealed

Reviews.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:17:04 Repealed

20:38:17 :04. Retakes. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:17:05 Repealed

Materials permitted.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; repealed, 33 SDR 70, effective June 20, 2006.

ARSD 20:38:17:06 Transferred

Transferred to § 20:38:32:02.**

ARSD 20:38:17:07 Transferred

20:38:17 :07. Transferred to § 20:38:32:03 .

ARSD 20:38:17:08 Transferred

Transferred to § 20:38:32:04.**

ARSD 20:38:17:09 Repealed

Principles and practice of engineering (PE).** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:17:10 Repealed

Principles and practice of land surveying (PLS).** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:17:11 Transferred

Transferred to § 20:38:32:05.**

ARSD 20:38:17:12 Transferred

to § 20:38:32:06.**

ARSD 20:38:17:13 Repealed

Accommodation for candidates with disabilities.** Repealed.

History

• Source: 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; repealed, 38 SDR 121, effective January 16, 1012.

Chapter 20:38:18 Licenses

ARSD 20:38:18:01 Transferred

Transferred to § 20:38:28:01** .

ARSD 20:38:18:02 Transferred

Transferred to § 20:38:28:02** .

ARSD 20:38:18:03 Transferred

Transferred to § 20:38:28:03** .

ARSD 20:38:18:04 Repealed

Design competition.** Repealed.

History

• Source: 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

Chapter 20:38:19 Fees

ARSD 20:38:19:01 Transferred

Transferred to § 20:38:33:01** .

ARSD 20:38:19:02 Transferred

Transferred to § 20:38:33:02** .

ARSD 20:38:19:03 Transferred

Transferred to § 20:38:33:03** .

ARSD 20:38:19:04 Repealed

Retake fees -- Examinations.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:19:05 Transferred

Transferred to § 20:38:33:04** .

ARSD 20:38:19:06 Repealed

Inactive fee.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:19:07 Repealed

Retired status.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:19:08 Transferred

Transferred to § 20:38:33:05** .

ARSD 20:38:19:09 Repealed

Proctor for out-of-state examinees.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; repealed, 33 SDR 70, effective June 20, 2006.

ARSD 20:38:19:10 Transferred

Transferred to § 20:38:33:08** .

ARSD 20:38:19:11 Transferred

Transferred to § 20:38:33:09** .

ARSD 20:38:19:12 Transferred

Transferred to § 20:38:33:10** .

Chapter 20:38:22 Required services

ARSD 20:38:22:01 Transferred

Transferred to § 20:38:37:01** .

ARSD 20:38:22:02 Transferred

Transferred to § 20:38:37:07** .

ARSD 20:38:22:03 Repealed

Responsible charge.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; repealed, 30 SDR 204, effective June 24, 2004.

ARSD 20:38:22:04 Transferred

Transferred to § 20:38:37:04** .

ARSD 20:38:22:05 Transferred

Transferred to § 20:38:37:05** .

ARSD 20:38:22:06 Transferred,

Transferred to § 20:38:38:01** .

ARSD 20:38:22:06.01 Transferred

Transferred to § 20:38:22:06.**

ARSD 20:38:22:06.02 Transferred

Transferred to § 20:38:22:08.**

ARSD 20:38:22:06.03 Transferred

Transferred to §§ 20:38:22:09 and 20:38:22:12.**

ARSD 20:38:22:06.04 Transferred

Transferred to § 20:38:22:13.**

ARSD 20:38:22:06.05 Transferred

Transferred to § 20:38:22:14**

ARSD 20:38:22:07 Transferred

Transferred to § 20:38:22:15.**

ARSD 20:38:22:07.01 Repealed

20:38:22 :07.01. Design concept for fire sprinkler systems. Repealed.

History

• Source: 29 SDR 95, effective January 6, 2003; subdivisions (6), (7), and (8) transferred from § 20:38:22:06, 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:22:08 Transferred

Transferred to § 20:38:38:02** .

ARSD 20:38:22:09 Transferred

Transferred to § 20:38:38:03** .

ARSD 20:38:22:10 Repealed

20:38:22 :10. Design concept for fire alarm systems. Repealed.

History

• Source: 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:22:11 Transferred

Transferred to § 20:38:38:04** .

ARSD 20:38:22:12 Transferred

Transferred to § 20:38:38:05** .

ARSD 20:38:22:13 Transferred

Transferred to § 20:38:38:06** .

ARSD 20:38:22:14 Repealed

NICET and NFPA information.** Repealed.

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:06.05, 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:22:15 Transferred

Transferred to § 20:38:37:06** .

Chapter 20:38:23 Continuing professional development

ARSD 20:38:23:01 Repealed

Definitions.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:23:02 Repealed

Forms.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 30 SDR 204, effective June 24, 2004; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:23:03 Transferred

20:38:23 :03. Transferred to § 20:38:35:01 .

ARSD 20:38:23:04 Transferred

Transferred to § 20:38:35:03** .

ARSD 20:38:23:05 Transferred

Transferred to § 20:38:35:06** .

ARSD 20:38:23:06 Repealed

Conversion of units.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:23:07 Transferred

Transferred to § 20:38:35:07** .

ARSD 20:38:23:08 Transferred

Transferred to § 20:38:35:05** .

ARSD 20:38:23:09 Transferred

Transferred to § 20:38:35:08** .

ARSD 20:38:23:10 Repealed

Professional development hours by comity.** Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; repealed, 38 SDR 121, effective January 16, 2012.

ARSD 20:38:23:11 Transferred

Transferred to § 20:38:35:04** .

ARSD 20:38:23:12 Transferred

Transferred to § 20:38:35:09** .

ARSD 20:38:23:13 Transferred

Transferred to § 20:38:35:10** .

Chapter 20:38:25 Contested cases, Repealed

ARSD 20:38:25 Repealed chapter

CHAPTER 20:38:25

CONTESTED CASES

(Repealed. 29 SDR 95, effective January 6, 2003.)

Chapter 20:38:27 General rules affecting board

ARSD 20:38:27:01 Definitions

Terms defined in SDCL chapter 36-18A have the same meaning when used in this article. In addition, terms used in this article mean:

(1) "ARE", Architectural Registration Examination;

(2) "ASAC/ABET," Applied Science Accreditation Commission of Accreditation Board for Engineering and Technology, Inc.;

(3) "AXP," architectural experience program;

(4) "CACB," Canadian Architectural Certification Board;

(5) "CLARB," Council of Landscape Architectural Registration Boards;

(6) "EAC/ABET," Engineering Accreditation Commission of Accreditation Board for Engineering and Technology, Inc.;

(7) "EI," engineering intern;

(8) "EIT," engineer-in-training;

(9) "FE," Fundamentals of Engineering Examination;

(10) "FS," Fundamentals of Land Surveying Examination;

(11) "LAAB," Landscape Architectural Accrediting Board;

(12) "LARE," landscape architectural registration exam;

(13) "LSI," land surveying intern;

(14) "LSIT," land surveyor-in-training;

(15) "NAAB," National Architectural Accrediting Board;

(16) "NCARB," National Council of Architectural Registration Boards;

(17) "NCEES," National Council of Examiners for Engineering and Surveying;

(18) "NICET," National Institute for Certification in Engineering Technologies;

(19) "PDH," Professional Development Hour;

(20) "PE," Principles and Practice of Engineering Examination;

(21) "PS," Principles and Practice of Land Surveying Examination; and

(22) "TAC/ABET," Technology Accreditation Commission of Accreditation Board for Engineering and Technology, Inc.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:12:00, 38 SDR 121, effective January 16, 2012; 45 SDR 95, effective January 22, 2019.
• General Authority: SDCL 36-18A-22.
• Law Implemented: SDCL 36-18A-22.

ARSD 20:38:27:02 Meetings, Repealed

Meetings. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:12:01, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:27:03 Organization

At its last regular meeting prior to June 30, the board shall elect a chair, vice chair, and secretary from its members. The newly elected officers shall take office on July 1.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:12:02, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22.
• Law Implemented: SDCL 36-18A-18.

ARSD 20:38:27:04 Voting

Any member of the board, including the chair, may vote and make or second motions. A majority of those present is required to pass a motion. The chair shall vote as a member of the board.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:12:03, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22.
• Law Implemented: SDCL 36-18A-18.

ARSD 20:38:27:05 Duties of board members

The chair shall:

(1) Preside at all meetings;

(2) Appoint any committees authorized by the board;

(3) Sign all certificates of licensure and other official documents;

(4) Perform all duties usually pertaining to the office of the chair.

The vice chair, or any other member designated by the board, shall perform the duties of the chair in the absence or incapacity of the chair.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:12:04, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22.
• Law Implemented: SDCL 36-18A-18.

ARSD 20:38:27:06 Absence of officers

In the absence of the chair and vice chair from a meeting of the board, the remaining members shall elect a presiding officer who shall serve until the conclusion of the meeting or until the arrival of the chair or vice chair.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:12:05, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22.
• Law Implemented: SDCL 36-18A-18, 36-18A-22.

ARSD 20:38:27:07 National councils

The board may affiliate with the NCARB, the NCEES, and the CLARB. Any board member or employee appointed by the board may attend meetings of the councils at board expense, subject to compliance with SDCL 3-9-2, 3-9-4, and 3-9-6.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:12:06, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22.
• Law Implemented: SDCL 36-18A-33.

Chapter 20:38:28 Licensure and enrollment

ARSD 20:38:28:01 Certificate

Certificates. Upon satisfaction of all requirements for licensure as a professional, enrollment as an intern, or licensure as a business entity, the executive director shall provide the applicant with a numbered certificate indicating the type of license or enrollment and the issue or expiration date. The board may provide the certificate in an electronic format.

A certificate of enrollment as an intern does not authorize the enrollee to practice as a licensed professional or to imply that a professional title is held.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:18:01, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(1).
• Law Implemented: SDCL 36-18A-25, 36-18A-36.

ARSD 20:38:28:02 Late renewal

Within three years from the date of expiration, the board may accept a late renewal if the expired license holder pays the late renewal penalty fee, the biennial renewal fee, meets continuing professional development requirements, and passes a take-home examination covering South Dakota laws and ethics. A business entity must only pay the late renewal fee and the biennial renewal fee. After three years from the date of expiration, an individual or business entity must submit a new application for licensure. A person shall not practice or offer to practice as a professional during the period of licensure expiration.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:18:02, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2).
• Law Implemented: SDCL 36-18A-22(2), 36-18A-42, 36-18A-52.

ARSD 20:38:28:03 Inactive or retired status

Upon licensee request, the board may grant inactive or retired status if the following criteria are met:

(1) The person no longer practices the profession or offers to practice the profession;

(2) The person has not had a professional license revoked in any state; and

(3) The required fees are paid.

A person maintaining inactive status may apply for license reactivation if the person, consistent with the requirements of SDCL 36-18A-42, meets all current requirements for licensure renewal, pays the application fee and passes a take-home examination covering South Dakota laws and ethics.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:18:03, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-40.
• Law Implemented: SDCL 36-18A-40, 36-18A-42, 36-18A-43.

Chapter 20:38:29 Applications

ARSD 20:38:29:01 Application required

An application is required, in accordance with the provisions of this chapter, for each of the following:

(1) Individual licensure;

(2) Individual license renewal

(3) Individual license reactivation;

(4) Business entity licensure;

(5) Business entity license renewal; and

(6) Business entity license reactivation.

An electronic application must be submitted using the method designated by the board administrator, be complete, and be accompanied by the appropriate application fee. By submitting an application, an applicant certifies, under penalty of perjury, that the information on the application is true and correct. An applicant may be required to clarify or provide additional information as needed to fully evaluate the application.

An applicant shall update the board administrator in writing within ten calendar days of any change in the information submitted on the application. The board administrator may accept changes to an application after ten calendar days upon good cause shown by the applicant.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:13:01, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(1).
• Law Implemented: SDCL 36-18A-33.

ARSD 20:38:29:02 References

Applications for licensure shall include the names and addresses of at least five references. At least three references must be licensed professionals in good standing in the applicant's profession, and each reference must have personal knowledge of the applicant's experience.

Applications for admission to examination shall include, as references, the names and addresses of the licensed professionals in responsible charge of the applicant's professional experience in each professional employment period. If any response is unfavorable, additional qualifying experience may be required. If a reference fails to respond, the application may be delayed until either the response is received or the response of another reference is received. A current board member may not be used as a reference.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:13:02, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(1).
• Law Implemented: SDCL 36-18A-22(1), 36-18A-33.

ARSD 20:38:29:03 Deadlines

An application, complete with all required information and with payment of the required fee, must be submitted electronically using the method designated by the board administrator. An application for individual or business entity renewal or reinstatement is reviewed in the month received on the last day of the month. All other applications for individual or business licensure are reviewed and processed upon receipt.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:13:03, 38 SDR 121, effective January 16, 2012; 40 SDR 121, effective January 7, 2014; 43 SDR 85, effective December 12, 2016; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(1).
• Law Implemented: SDCL 36-18A-33.

ARSD 20:38:29:04 Notification

The board shall notify an applicant electronically of the approval or denial of an application. If the application is denied, the notification must include an explanation.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:13:04, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22.
• Law Implemented: SDCL 36-18A-32, 36-18A-33, 36-18A-57(1).

ARSD 20:38:29:05 Denial

20:38:29 :05. Denial. In addition to the grounds in SDCL 36-18A-40, 36-18A-56, 36-18A-65, and 36-18A-66, the board may deny an application based on grounds stated in chapter 20:38:36.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:13:05, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(8).
• Law Implemented: SDCL 36-18A-22, 36-18A-33.

ARSD 20:38:29:06 Expiration

An application shall expire and be destroyed after six months from receipt if the application is not completed within that time, or if the application is denied by the board for any reason.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:13:06, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020.
• General Authority: SDCL 36-18A-22(1).
• Law Implemented: SDCL 36-18A-22(1), 36-18A-25 to 36-18A-31, inclusive.

Chapter 20:38:30 Education requirements

ARSD 20:38:30:01 Architecture

An applicant for licensure as an architect shall meet the following education requirement:

(1) A professional degree in architecture from a program accredited by the National Architectural Accreditation Board (NAAB);

(2) A professional degree in architecture from a Canadian university certified by the Canadian Architectural Certification Board (CACB);

(3) A degree in architecture or a bachelor's degree in an architecture-related program satisfying a degree evaluation by Education Evaluation Services for Architects (EESA) as a part of NCARB's education alternative certification program; or

(4) A degree in architecture from a foreign education program that satisfies a foreign degree evaluation by EESA.

For a degree evaluation by EESA, NCARB will, upon applicant request, inform the applicant of the type of evaluation required from EESA. The applicant must ask EESA to send a copy of its completed evaluation report directly to NCARB. Based upon the report, NCARB will determine whether the applicant has met the education requirement, or will meet the requirement when all reported deficiencies have been corrected via additional course work or testing as prescribed by EESA.

An NCARB certification shall be accepted by the board as evidence that the education requirement has been met.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:14:03, 38 SDR 121, effective January 16, 2012; 45 SDR 95, effective January 22, 2019.
• General Authority: SDCL 36-18A-22(3), 36-18A-27.
• Law Implemented: SDCL 36-18A-27, 36-18A-32.

ARSD 20:38:30:02 Engineering

An applicant for licensure as a professional engineer shall meet the following education requirement:

(1) A bachelor level degree from a program accredited by the Engineering Accreditation Commission (EAC) of the Accreditation Board for Engineering and Technology (ABET) or its equivalent as evaluated by NCEES Credentials Evaluation Service;

(2) A bachelor level degree from a program accredited by the Technology Accreditation Commission (TAC) of ABET or its equivalent as evaluated by NCEES Credentials Evaluation Service;

(3) A bachelor level degree from a program accredited by the Canadian Engineering Accreditation Board (CEAB);

(4) A degree satisfying a foreign degree evaluation by the NCEES Credentials Evaluation Service; or

(5) A degree satisfying a domestic degree evaluation by the NCEES Credentials Evaluation Service.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:14:04, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(3).
• Law Implemented: SDCL 36-18A-26, 36-18A-32.

ARSD 20:38:30:03 Land surveying

An applicant for licensure as a land surveyor shall meet at least one of the following education requirements:

(1) A bachelor’s degree in surveying from a program accredited by the Engineering Accreditation Commission, Applied and Natural Science Accreditation Commission, or Engineering Technology Accreditation Commission of the Accreditation Board for Engineering and Technology or other education assessed by the board as equivalent;

(2) A bachelor’s degree in a related technical program; or

(3) A bachelor’s degree in a non-related program or an associate’s technical degree in surveying or related technical program.

A related technical program must include basic courses in mathematics, physical science, and at least twenty-four total semester credit hours of surveying education as determined by the board. The required surveying education must include a least one course in each of the following: basic principles of surveying, advanced applications of surveying, original public land survey system, and boundary surveying.

Each applicant for licensure must complete at least 24 total semester credit hours of surveying education, which may consist of the successful completion of either surveying courses included in the degree program or surveying courses which were taken outside of and in addition to the degree program, or a combination of both. The surveying courses must be acquired from education institutions offering degrees as described above or as acceptable to the board. The surveying courses shall be unique in title and subject matter, and may not be duplicates of each other. The surveying courses shall range from basic principles of surveying through advanced applications of surveying, and shall include courses on the original public land survey system and boundary surveying. In the event all or a portion of the surveying education is earned as quarter credit hours, the equivalent education shall be based on equating one semester credit hour as being equal to one and one-half quarter credit hours.

History

• Source: 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:14:05, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-28, 36-18A-29.
• Law Implemented: SDCL 36-18A-1(15)(16), 36-18A-4, 36-18A-28, 36-18A-29, 36-18A-32.

ARSD 20:38:30:04 Landscape architecture

An applicant for licensure as a landscape architect shall have completed an educational program that meets or exceeds the education standards established by the CLARB.

History

• Source: 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-30.
• Law Implemented: SDCL 36-18A-1(17)(18), 36-18A-5, 36-18A-30, 36-18A-32.

ARSD 20:38:30:05 Petroleum release assessment

An applicant for licensure as a Petroleum Release Assessor shall meet the following education requirement:

(1) A bachelor level degree in engineering or related sciences; or

(2) A high school diploma.

History

• Source: 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(3).
• Law Implemented: SDCL 36-18A-1(22), 36-18A-6, 36-18A-31, 36-18A-32.

ARSD 20:38:30:06 Petroleum release remediation

Petroleum release remediation** . An applicant for licensure as a Petroleum Release Remediator shall meet the following education requirement:

(1) A master or doctoral level degree in engineering or related sciences; or

(2) A bachelor level degree in engineering or related sciences.

History

• Source: 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(3).
• Law Implemented: SDCL 36-18A-1(23), 36-18A-7, 36-18A-31, 36-18A-32.

Chapter 20:38:31 Experience requirements

ARSD 20:38:31:01 Experience required

Experience credit may be granted for part-time and full-time work, but overtime may be considered. The board may require as evidence of experience:

(1) Exhibits of plans, specifications, and other technical submissions that were prepared with the applicant's involvement; and

(2) A statement from the licensed professional in responsible charge of the work attesting to the extent of the applicant's involvement.

For land surveying applicants, experience prior to completion of education must be in accordance with § 20:38:31:04.01. For other applicants, experience prior to completion of education may be credited at the rate of one-half year for each full year of experience, not to exceed one year of total experience credit. Of this, no more than six months may be credited to any student for work experience gained during summer breaks. Work experience under the direct supervision of a design professional licensed in a foreign country must be evaluated before credit may be granted. Work experience credit gained in the armed services must be of a character equivalent to the civilian sector doing similar work in an architectural, engineering, or engineering-related group.

For an applicant with a degree from a foreign education program, experience must include a minimum of two years of qualifying experience gained on projects located in the United States. An applicant must be proficient in English.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:15:01, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3).
• Law Implemented: SDCL 36-18A-25 to 36-18A-32, inclusive.

ARSD 20:38:31:02 Architecture

An applicant for licensure as an architect shall have completed the NCARB Architectural Experience Program. A NCARB certification is evidence that the experience requirement has been met.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:15:02, 38 SDR 121, effective January 16, 2012; 45 SDR 95, effective January 22, 2019; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-27.
• Law Implemented: SDCL 36-18A-2, 36-18A-27, 36-18A-32.

ARSD 20:38:31:03 Engineering

An applicant for licensure as a Professional Engineer shall meet the following experience requirement:

(1) Three years of experience for an applicant meeting the education requirement described in subdivision 20:38:30:02(1) and who has also obtained a master or doctoral level engineering degree;

(2) Four years of experience for an applicant meeting the education requirement described in subdivision 20:38:30:02(1); or

(3) Five years of experience for an applicant meeting the education requirement described in subdivisions 20:38:30:02(2),(3),(4), or (5)

To qualify, experience must be completed under the direct supervision of a licensed professional engineer who is actively engaged in the practice of engineering. Experience must consist of employment or services that require the application of special knowledge of the mathematical, physical, and engineering sciences including the preparation and interpretation of engineering data.

Experience may include engineering supervision of construction, where the health, safety, or welfare of the public is involved but not the primary responsibility of the applicant. Such experience is acceptable whether the person who bore the responsibility for the work involved was the applicant or the applicant's supervisor in responsible charge.

Experience shall be reviewed by the board for conclusive evidence that the applicant has the ability to design and apply scientific principles independently and that the applicant's judgment may be trusted.

Experience of an intermittent engineering nature, such as sales-engineering assignments, combined engineering and miscellaneous office duties, or engineering assignments in which a large portion of the work is operational or maintenance, the board shall allow credit in the same proportion that the work which requires the application of engineering sciences and skills bears to the whole.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; transferred from § 20:18:15:03, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(3), 36-18A-25, 36-18A-26.
• Law Implemented: SDCL 36-18A-1(12), 36-18A-3, 36-18A-25, 36-18A-26, 36-18A-32.

ARSD 20:38:31:04 Land surveying

An applicant for licensure as a land surveyor shall meet either of the following experience requirements:

(1) Four years of experience, of which a minimum of two years must be after earning the degree and a minimum of two years must be after enrollment as a land surveying intern in accordance with § 20:38:32:04, for an applicant meeting the education requirement described in subdivision 20:38:30:03(1) or (2); or

(2) Seven years of experience, of which a minimum of three years must be after earning the degree and a minimum of two years must be after enrollment as a land surveying intern in accordance with § 20:38:32:04, for an applicant meeting the education requirement described in subdivision 20:38:30:03(3).

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:15:04, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-28, 36-18A-29.
• Law Implemented: SDCL 36-18A-4, 36-18A-28, 36-18A-29(2), 36-18A-32.

ARSD 20:38:31:04.01 Land surveying experience -- Supervision required

To qualify as land surveying experience under § 20:38:31:04, the applicant for licensure must complete the experience under the direct supervision of a licensed professional land surveyor who is actively engaged in the practice of land surveying. Experience must consist of employment or services that require the application of special knowledge and technical skills acquired in the practice of land surveying as follows:

(1) Correct determination and description of lands for conveyance or encumbrance;

(2) Establishment or reestablishment of land boundaries;

(3) Platting of lands in subdivisions;

(4) Surveyed acquisition of data relative to the shape of the earth's surface and fixed objects thereon and therein for the purpose of presenting mapped information; and

(5) Surveys necessary to plan for the alteration of the earth's surface or to create fixed works thereon.

Intermittent experience of a land surveying nature must be credited in the same proportion that the work of a land surveying nature bears to the total experience period. Surveying experience normally identified with engineering projects, including design surveys for highways or bridges, except those that relate to right-of-way surveys; construction staking; curb and gutters; and sanitary sewers may be considered as part of the land surveying experience up to one-third of the minimum total required experience.

Experience teaching land surveying courses in programs as described in § 20:38:30:03 may be granted experience credit up to a maximum of one year.

History

• Source: 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-28, 36-18A-29.
• Law Implemented: SDCL 36-18A-4, 36-18A-28, 36-18A-29(2), 36-18A-32.

ARSD 20:38:31:05 Landscape architecture

An applicant for licensure as a landscape architect is required to have experience as determined by the CLARB. The applicant's CLARB council record must be provided to the board for evaluation.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:15:05, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-30.
• Law Implemented: SDCL 36-18A-5, 36-18A-30(2), 36-18A-32.

ARSD 20:38:31:06 Petroleum release assessment

An applicant for licensure as a Petroleum Release Assessor shall meet the following experience requirement:

(1) One year experience for an applicant meeting the education requirement described in subdivision 20:38:30:05(1); or

(2) Five years experience for an applicant meeting the education requirement described in subdivision 20:38:30:05(2).

To qualify, experience must be gained under the direct supervision of a licensed professional and be related to site assessments, remedial investigations, and corrective actions necessary to remediate water or soil contaminated with petroleum.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:15:06, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(3), 36-18A-31.
• Law Implemented: SDCL 36-18A-7, 36-18A-31, 36-18A-32.

ARSD 20:38:31:07 Petroleum release remediation

Petroleum release remediation** . An applicant for licensure as a Petroleum Release Remediator shall meet the following experience requirement:

(1) Two years experience for an applicant meeting the education requirement described in subdivision 20:38:30:06(1); or

(2) Three years experience for an applicant meeting the education requirement described in subdivision 20:38:30:06(2).

To qualify, experience must be gained under the direct supervision of a licensed professional and be related to site assessments, remedial investigations, and corrective actions necessary to remediate water or soil contaminated with petroleum.

History

• Source: 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(3), 36-18A-31.
• Law Implemented: SDCL 36-18A-7, 36-18A-31, 36-18A-32.

Chapter 20:38:32 Examination requirements

ARSD 20:38:32:01 Examination required

An applicant for admission to examination shall pay the required examination fee to the appropriate organization or vendor prior to admission to the examination.

An examination vendor may be used to administer an examination. The policies and procedures of the examination vendor must be followed in accordance with the vendor's agreement with the board. Examination results must be reported as either pass or fail, treated as confidential, and transmitted electronically to the examinee using a method determined by the board office.

Cheating or other violation of examination security provisions will result in automatic failure of the examination. No person may review any portion of any examination.

An applicant must pass an examination on South Dakota licensure laws prior to licensure. The examination must be administered using an electronic format.

An examinee seeking an accommodation for a disability shall make a request of the examination vendor with sufficient notice to enable arrangements for the accommodation.

History

• Source: 26 SDR 9, effective July 29, 1999; 30 SDR 204, effective June 24, 2004; transferred from § 20:38:17:01, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3).
• Law Implemented: SDCL 36-18A-25 to 36-18A-31, inclusive, 36-18A-33.

ARSD 20:38:32:02 Architecture

An applicant for licensure as an architect shall pass the ARE in accordance with the NCARB ARE guidelines.

An applicant may apply to NCARB for admission to the examination upon satisfaction of the architecture education requirement.

A NCARB certification is evidence that the examination requirement has been met.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:17:06, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-27.
• Law Implemented: SDCL 36-18A-27.

ARSD 20:38:32:03 Engineering

An applicant for licensure as a professional engineer shall pass the Fundamentals of Engineering (FE) examination and the Principles and Practice of Engineering (PE) examination.

An applicant who has satisfied the engineering education requirement or who is a senior within two semesters of graduating from an ABET-accredited engineering program approved by the board may register for the FE examination with NCEES. An applicant who passes the FE examination must be enrolled as an engineer-in-training or an engineering intern. Passage of the FE examination does not authorize any person to practice as a professional engineer or to imply that a professional title is held.

An applicant who has passed the FE examination and has satisfied the engineering education requirement may register for the PE examination with the NCEES.

An applicant who fails the FE or PE examination may retake the examination two times. If the applicant fails the examination three times, the applicant may submit only one new application for admission to the examination per calendar year thereafter. The board may review an applicant who has failed the examination three times and may require additional qualifying education or experience for licensure.

History

• Source: 26 SDR 9, effective July 29, 1999; 30 SDR 204, effective June 24, 2004; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:17:07, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-25.
• Law Implemented: SDCL 36-18A-1(3), 36-18A-25.

ARSD 20:38:32:04 Land surveying

An applicant for licensure as a land surveyor shall pass:

(1) The Fundamentals of Surveying (FS) examination, which is prepared and scored by the NCEES;

(2) The Principles and Practice of Surveying (PS) examination, which is prepared and scored by the NCEES; and

(3) An open-book examination of South Dakota land surveying practice and laws.

A current student or graduate of an educational program described in § 20:38:30:03 that has either successfully completed, or is currently enrolled in, a minimum total of eighteen semester credit hours of surveying courses within, or in addition to, the program of study may register for the FS examination with the NCEES. An applicant who passes the examination must be enrolled as a land surveyor-in-training or land surveying intern. Passage of the examination does not authorize any person to practice as a land surveyor or to imply that a professional title is held.

An applicant who has passed the FS examination and has satisfied the land surveying education requirement may register for the PS examination with the NCEES.

The South Dakota portion of the examination is an open-book, electronic examination that is two hours in length. Each applicant must complete the examination within thirty calendar days of the date of submission of the applicant's licensure application.

An applicant who fails the FS or PS examination may retake the examination two times. If the applicant fails the examination three times, the applicant may submit only one new application for admission to the examination per calendar year thereafter. The board may review an applicant who has failed the examination three times and may require additional qualifying education or experience to grant licensure.

History

• Source: 26 SDR 9, effective July 29, 1999; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:17:08, 38 SDR 121, effective January 16, 2012; 40 SDR 121, effective January 7, 2014; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-28.
• Law Implemented: SDCL 36-18A-1(16), 36-18A-28.

ARSD 20:38:32:05 Landscape architecture

An applicant for licensure as a Landscape Architect shall pass the LARE, which is prepared and scored by CLARB.

An applicant may apply to CLARB for admission to the examination upon satisfaction of the landscape architecture education and experience requirements.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:17:11, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020.
• General Authority: SDCL 36-18A-22(3), 36-18A-30.
• Law Implemented: SDCL 36-18A-30.

ARSD 20:38:32:06 Petroleum release assessment or remediation

An applicant for licensure as a petroleum release assessor or remediator must pass the petroleum release examination, which is prepared and scored by the board. The examination is an open-book electronic examination over South Dakota procedures and rules pertaining to petroleum releases. Each applicant must complete the examination within thirty calendar days of the date of submission of the applicant's licensure application.

An applicant may apply for admission to the examination upon satisfaction of the petroleum release education and experience requirements.

An applicant who fails the petroleum release examination may retake the examination two times. If an applicant fails the examination three times, the applicant may submit only one new application for admission to the examination per calendar year thereafter. The board may review an applicant who fails the examination three times and may require additional qualifying education or experience to grant licensure.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:17:12, 38 SDR 121, effective January 16, 2012; 40 SDR 121, effective January 7, 2014; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3), 36-18A-31.
• Law Implemented: SDCL 36-18A-31.

Chapter 20:38:33 Fees and penalties

ARSD 20:38:33:01 Fee payments

Fees and penalties must be paid in full and are non-refundable.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:19.01, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2).
• Law Implemented: SDCL 36-18A-22(2).

ARSD 20:38:33:02 Application fees

20:38:33 :02. Application fees. Application fees are as follows:

(1) Application for licensure, $100;

(2) Application for admission to examination, $100;

(3) Application for business entity licensure, $100;

(4) Application for testing and licensure as a petroleum release assessor and remediator, $150;

(5) Application for upgrade from petroleum release assessor to remediator within one year, $25;

(6) Application for FS examination by an applicant who has met the education requirements to be eligible to take this examination, no fee; and

(7) Application for FE exam by an applicant who is enrolled as a senior or is a graduate of an ABET engineering degree program or equivalent, no fee.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 30 SDR 204, effective June 24, 2004; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:19:02, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2).
• Law Implemented: SDCL 36-18A-33, 36-18A-35.

ARSD 20:38:33:03 Examination fees

Certain examination fees are set by the examination vendor and are to be paid by the applicant directly to the following vendors:

(1) The NCEES for engineering and land surveying examinations;

(2) The NCARB for architecture examinations; and

(3) The CLARB for landscape architectural examinations.

The fee to retake the open-book electronic examination of South Dakota land surveying practice and laws is thirty dollars and is to be paid to the board.

The fee to retake the open-book electronic examination for petroleum release assessor or remediator is sixty dollars and is to be paid to the board.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:19:03, 38 SDR 121, effective January 16, 2012; 40 SDR 121, effective January 7, 2014; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(2), 36-18A-33, 36-18A-34.
• Law Implemented: SDCL 36-18A-33, 36-18A-34.

ARSD 20:38:33:04 Renewal fees

Renewal fees are as follows:

(1) Individual license, active status, $80 biennially;

(2) Individual license, inactive status, $40 biennially;

(3) Individual license, retired status, $10 biennially; and

(4) Business entity license, $80 biennially.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:19:05, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2), 36-18A-39, 36-18A-42, 36-18A-50.
• Law Implemented: SDCL 36-18A-39, 36-18A-42, 36-18A-50, 36-18A-52.

ARSD 20:38:33:05 Late renewal penalty

Late renewal penalties are as follows:

(1) Individual license, $100; and

(2) Business entity license, $100.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:19:08, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2).
• Law Implemented: SDCL 36-18A-42, 36-18A-52.

ARSD 20:38:33:06 Reactivation fee

Reactivation of individual license from inactive status, $80.

History

• Source: 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2), 36-18A-42.
• Law Implemented: SDCL 36-18A-42.

ARSD 20:38:33:07 Reinstatement fees

The fees for reinstatement within three years after the date of expiration are as follows:

(1) Individual license, $180; and

(2) Business entity, $180.

History

• Source: 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2), 36-18A-42.
• Law Implemented: SDCL 36-18A-42.

ARSD 20:38:33:08 Duplicate certificate fees

Duplicate certificate fees are as follows:

(1) Intern, five dollars;

(2) Licensee, fifteen dollars; and

(3) Business entity, fifteen dollars.

These fees may not apply to any duplicate license obtained electronically by the licensee directly from the licensee's profile on the board's database.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:19:10, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-37.
• Law Implemented: SDCL 36-18A-37.

ARSD 20:38:33:09 Returned check fee

An applicant who submits a check that is returned by a financial institution due to insufficient funds shall pay a returned check fee of $30.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:19:11, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2).
• Law Implemented: SDCL 36-18A-22(2).

ARSD 20:38:33:10 Roster fee

The fee for a list of current interns, individual licensees, or business entity licensees is $25 each.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:19:12, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2).
• Law Implemented: SDCL 36-18A-22(2).

Chapter 20:38:34 Comity licensure requirements

ARSD 20:38:34:01 Comity licensure application

An applicant licensed in another state or foreign country must be fully licensed by the board before offering to practice or practicing professional services within this state. An applicant for licensure through comity must comply with all application requirements set out in chapter 20:38:29.

If licensure is not current in that state and examination verification cannot be obtained, the applicant must provide evidence of continuous licensure in another state. If the applicant is licensed in the applicant's state of residence, the executive director must request verification from that state board.

A verified professional record from the NCARB for architects, the CLARB for landscape architects, or the NCEES for engineers and land surveyors may be considered by the board as evidence of meeting comity requirements.

History

• Source: 38 SDR 121, effective January 16, 2012; 40 SDR 121, effective January 7, 2014; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(1).
• Law Implemented: SDCL 36-18A-35.

ARSD 20:38:34:02 Education requirement

An applicant for licensure through comity shall meet the necessary education requirement as described in SDCL 36-18A-35.

History

• Source: 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(3).
• Law Implemented: SDCL 36-18A-25 to 36-18A-30, inclusive, 36-18A-35.

ARSD 20:38:34:03 Experience requirement

20:38:34:03 Experience requirement. An applicant for licensure through comity shall meet the necessary experience requirement as described in SDCL 36-18A-35.

An applicant for licensure through comity may receive credit for non-mentored experience if the applicant has been licensed in another jurisdiction for at least ten years and is currently in good standing with no pending investigations.

History

• Source: 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020.
• General Authority: SDCL 36-18A-22(3).
• Law Implemented: SDCL 36-18A-25 through 36-18A-30, 36-18A-35.

ARSD 20:38:34:04 Examination requirement

An applicant for licensure through comity shall meet the examination requirement as described in SDCL 36-18A-35. In addition, an applicant for licensure through comity must take and pass an electronic examination on South Dakota licensure laws prior to licensure.

An applicant for licensure through comity in land surveying must pass the two-hour, open-book, electronic examination of South Dakota land surveying practice and laws, as described in § 20:38:32:04.

History

• Source: 38 SDR 121, effective January 16, 2012; 40 SDR 121, effective January 7, 2014; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(3).
• Law Implemented: SDCL 36-18A-35.

ARSD 20:38:34:05 Application fees

20:38:34 :05. Application fees. An applicant for licensure through comity shall pay the necessary application fee as set out in § 20:38:33:02.

History

• Source: 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(2), 36-18A-35.
• Law Implemented: SDCL 36-18A-35.

Chapter 20:38:35 Continuing professional development

ARSD 20:38:35:01 Continuing professional development required for license renewal

Unless exempted as provided in § 20:38:35:08, a licensee must obtain a minimum of thirty PDH during the biennium preceding license renewal. PDH credit must be obtained in a qualifying professional development activity or course with clear purposes and objectives that maintain, improve, or expand the licensee's skills and knowledge relevant to the licensee's field of practice.

Of the required thirty PDH, a minimum of twenty PDH must be in technical subjects that lead to further professional development in the licensee's field of practice. Technical subjects include:

(1) Accessibility;

(2) Acoustical, electrical, mechanical, and plumbing systems;

(3) Building codes;

(4) Construction methods;

(5) Construction observation;

(6) Design;

(7) Environmental analysis;

(8) Land survey;

(9) Lateral forces;

(10) Programming and planning;

(11) Selection of building materials;

(12) Site and soils analyses and design; and

(13) Structural systems.

Of the required thirty PDH, a maximum of ten PDH may be in professional management subjects, including total quality management, professional business practice, and ethics.

A licensee submitting a renewal application must include a copy of the PDH log required by subdivision 20:38:35:07(1). The licensee shall certify, under penalty of perjury, that all information submitted by the licensee in the application is true and correct.

If notified by the board of an audit, a licensee must supply sufficient additional information within thirty calendar days to permit verification that the continuing professional development requirement has been met.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:03, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(4), 36-18A-39.
• Law Implemented: SDCL 36-18A-39(2), 36-18A-40.

ARSD 20:38:35:02 Alternative continuing professional development option for architects, Repealed

Alternative continuing professional development option for architects. Repealed.

History

• Source: 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:35:03 PDH sources

PDH sources are as follows:

(1) College courses, completed with passing grades;

(2) Continuing education courses, completed with passing grades;

(3) Correspondence, televised, videotaped, audiotaped, Internet, and other short courses or tutorials if such activities include testing completed with verifiable passing scores;

(4) Qualifying professional or technical seminars, in-house courses, or workshops;

(5) Presenting, teaching, or instructing in the qualifying activities listed in subdivision (1) to (4), inclusive, of this section;

(6) Writing of published papers, articles, or books;

(7) Active participation in professional or technical societies;

(8) Patents; and

(9) Self-study activities, including Internet courses, books, or articles, or video/audio tapes, if such activities include testing or examination with formal, recorded passing scores.

Teaching credit is valid for teaching a course or seminar for the first time only. Teaching credit does not apply to part-time or full-time faculty.

History

• Source: 26 SDR 9, effective July 29, 1999; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:04, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-39.

ARSD 20:38:35:04 Multiple licenses

A person licensed in more than one profession regulated by the board must obtain a combined total of 30 PDH biennially, at least one-third of which must be obtained in each profession.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:23:11, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-39.

ARSD 20:38:35:05 Reactivation

A former licensee seeking reactivation of an expired license within three years of expiration must obtain a minimum of all delinquent PDH for the inactive years up to a maximum of 30 PDH. A former multiple licensee must obtain a minimum of 30 PDH, at least ten of which must be obtained in each profession. For reinstatement purposes, the expiration date of licensure for additional professions shall be the same expiration date as that for the first profession. A person maintaining inactive status and seeking reactivation must earn 15 PDH for each year exempted before returning to active practice, up to a maximum of 30 PDH.

History

• Source: 26 SDR 9, effective July 29, 1999; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:08, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-42.

ARSD 20:38:35:06 PDH credit

The board is the final authority for approval of PDH credit. The board may not pre-approve courses or providers for PDH credit. PDH credit is determined as follows:

(1) One college semester hour, 45 PDH;

(2) One college quarter hour, 30 PDH;

(3) One continuing education unit (CEU), 10 PDH;

(4) Program time of professional development course work or seminars as follows:

Program Time

PDH Credit

0 to 29 minutes

no credit

30 to 49 minutes

0.5 PDH

50 to 79 minutes

1.0 PDH

80 to 109 minutes

1.5 PDH

Greater than 109 minutes

Actual time rounded to the nearest half hour;

(5) One hour of presenting, teaching, or instructing, 2 PDH;

(6) Each published paper, article, or book, 10 PDH;

(7) Active participation in each professional organization or technical society, 2 PDH per organization per biennial renewal period, maximum 6 PDH per biennial renewal period; and

(8) Each patent, 10 PDH.

History

• Source: 26 SDR 9, effective July 29, 1999; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:23:05, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-22(4), 36-18A-39.

ARSD 20:38:35:07 Record keeping

A licensee shall maintain records to support PDH credits claimed. Records sufficient for audit purposes must be maintained for a minimum of three years after the date of renewal. A licensee shall keep the following:

(1) A log showing the date of the activity, type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and PDH credits claimed; and

(2) Attendance verification records in the form of completion certificates or other documents supporting evidence of attendance.

Records as maintained by the following professional record repositories may be provided in lieu of the above documents: the American Institute of Architects, the Professional Development Registry for Engineers and Surveyors, (CLARB), or NCEES.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:23:07, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-22(4), 36-18A-39.

ARSD 20:38:35:08 Exemptions

20:38:35 :08. Exemptions. A licensee may be temporarily exempted from the continuing professional development requirements as follows:

(1) A licensee serving on temporary active duty in the armed forces of the United States for more than 120 consecutive days in the biennium prior to renewal is exempt from the continuing professional development requirement for that biennium. Supporting documentation must be furnished to the board;

(2) A licensee experiencing physical disability, illness, or other extenuating circumstances in the last six months of the biennium prior to renewal may be exempt from the professional development requirement for that biennium. Supporting documentation must be furnished to the board;

(3) A licensee maintaining inactive or retired status, subject to the provisions of this chapter.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:23:09, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-39, 36-18A-40.

ARSD 20:38:35:09 Audits

The executive director shall select a random sample of license renewals to audit for compliance. Each licensee selected for audit shall submit copies of the PDH records required to be kept by § 20:38:35:07 for the audit period. The board may also audit based on complaints or charges against a licensee. Audit submissions must be organized in the same manner as the PDH log. Failure to submit the required documentation within thirty calendar days of an audit notification or other request for information may result in disciplinary action. Falsification of documentation is grounds for disciplinary action.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; 34 SDR 107, effective October 31, 2007; transferred from § 20:38:23:12, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-39.

ARSD 20:38:35:10 Compliance

If an audit indicates a failure to comply with the professional development requirements, the licensee has thirty calendar days, after receipt of written notice of the failure, to show compliance.

If the licensee is unable to show compliance, the licensee must acquire sufficient PDH credits to meet the requirements within thirty calendar days of the receipt of the written notice and may be subject to disciplinary action.

The board may take into consideration hardship or extenuating circumstances in allowing correction of deficiencies. The deadline to acquire sufficient PDH credits may not be extended more than one year.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:23:13, 38 SDR 121, effective January 16, 2012; 47 SDR 73, effective December 21, 2020; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-39.

ARSD 20:38:35:11 Carryover PDH

20 : 38 : 35 : 11 . Carryover PDH. If a licensee obtains more than 30 PDH in a biennium, up to 15 PDH may be carried over to the following biennium. Any PDH carried over may only be carried over from the previous biennium.

History

• Source: 47 SDR 73, effective December 21, 2020.
• General Authority: SDCL 36-18A-22(4).
• Law Implemented: SDCL 36-18A-39, 36-18A-40.

Chapter 20:38:36 Rules of professional conduct

ARSD 20:38:36:01 Professional conduct

To establish and maintain a high standard of integrity, skill, and practice in the professions and to safeguard the life, health, safety, welfare, and property of the public, the following rules of professional conduct are binding upon each person holding a license and on all business entities authorized to offer or perform professional services under this article:

(1) A licensee shall maintain interest in the public welfare and be ready to apply the licensee's special knowledge, skill, and training for the use and benefit of the public;

(2) A licensee must be cognizant that the licensee's first and foremost responsibility is to the public welfare in the performance of services to clients and employers;

(3) A licensee may not associate with or allow the use of the licensee's name in connection with any enterprise, person, or firm of questionable character such as engaging in fraudulent or dishonest business or professional practices;

(4) A licensee shall carry on professional work in a spirit of fairness to all concerned, fidelity to clients and employers, and loyalty to country and must be devoted to high ideals of courtesy and personal honor;

(5) A licensee shall act with reasonable care and competence and shall apply the technical knowledge and skill that are ordinarily applied by other professionals of good standing who are practicing in this state;

(6) A licensee shall regard as confidential any information obtained about the business affairs and technical methods or processes of a client or employer;

(7) A licensee shall accurately represent to a prospective or existing client or employer the licensee's qualifications and the scope of the licensee's responsibility in connection with work for which the licensee is claiming credit;

(8) A licensee shall inform a client or employer of any business connections, interests, or affiliations that might influence the licensee's judgment or impair the disinterested quality of the licensee's services. If the client or employer objects to the business connection, interest or affiliation, the licensee must either terminate the business connection, interest or affiliation, or offer to give up the employment;

(9) A licensee shall accept financial or other compensation for a particular service from one source only unless there is full disclosure and the consent of all interested parties;

(10) A licensee shall comply with the licensure laws and rules governing the licensee's professional practice in any United States jurisdiction;

(11) A licensee shall approve and seal only those documents and submissions that conform to accepted architectural, engineering, landscape architectural, land surveying, or petroleum release standards and safeguard the life, health, safety, welfare, and property of the public;

(12) A licensee shall confine professional services to the profession and technical field in which the licensee is licensed and competently qualified;

(13) A licensee shall undertake to perform professional services only when the licensee, together with the individual whom the licensee may engage as a consultant, is qualified by education, training, and experience in the specific technical areas involved. If a question arises about the competence of a licensee to perform an assignment in a specific technical field that cannot be otherwise resolved to the board's satisfaction, the board may require the licensee to submit to an examination in the technical field as specified by the board;

(14) A licensee may not seal plans or other documents for the preparation of which the licensee is not in direct responsible charge or that deal with subject matter in which the licensee lacks competence;

(15) A licensee may not directly or indirectly use or make use of, for the licensee's benefit, any property, facility, or services of the licensee's client or employer unless prior authority is obtained;

(16) A licensee shall cooperate with architectural, engineering, landscape architecture, land surveying, and petroleum release agencies in advancing those professions;

(17) A licensee may not engage in any discriminatory practices prohibited by law in the employment of personnel and in the conduct of business;

(18) A licensee may not solicit or accept compensation from a material or equipment supplier for specifying the supplier's products;

(19) A licensee may not solicit or accept compensation, directly or indirectly, from a contractor, the contractor's agent, or other parties not under contract in connection with work for clients or employers for which the licensee is responsible;

(20) A licensee may not offer to pay, directly or indirectly, a commission, political contribution, gift, or other compensation in order to secure work, exclusive of payment made to an employment agency for the employment agency's services;

(21) A licensee shall take into account all applicable state and municipal laws, ordinances, and regulations and may not knowingly execute a project in violation of the laws, ordinances, or regulations;

(22) In the course of work on a project, if a licensee becomes aware of an action taken by the client or employer against the licensee's advice, which violates applicable state or municipal laws, ordinances, and regulations and which will, in the licensee's judgment, adversely affect the life, health, safety, welfare and property of the public, the licensee shall take the following actions:

(a) Advise the client or employer in writing of the licensee's refusal to consent to the decision and give reasons for the refusal;

(b) If the licensee's advice is ignored despite the objection, terminate the licensee's services to the project; and

(c) Provide a copy of the licensee's objection and reasoning to the public official charged with the enforcement of the applicable state or municipal laws, ordinances, and regulations;

(23) A licensee shall indicate any reservation on a reference for an applicant if the licensee has reason to believe the applicant is unqualified by education, training, or experience to become licensed. The licensee's opinion must be based on the qualifications a reasonable and prudent professional would require an applicant to possess;

(24) A licensee may accept an assignment for coordination of an entire project if each design segment is signed and sealed by the licensee responsible for preparation of that design segment;

(25) A licensee must be completely objective and truthful in all professional reports, statements, or testimony and shall include all relevant and pertinent information in those reports, statements, or testimony;

(26) A licensee may express a professional opinion publicly only if the opinion is founded upon adequate knowledge of the facts at issue, upon background of technical competence in the subject matter, and upon honest conviction of the accuracy and propriety of the licensee's testimony if serving as an expert or technical witness;

(27) A licensee making public statements on professional questions shall disclose if the licensee is being compensated for making such statements;

(28) A licensee shall make decisions impartially when acting as an interpreter of construction contract documents and a judge of contract performance, favoring neither party to the contract;

(29) A licensee who is aware of the violation of any of the rules of professional conduct by another licensee shall report the violation to the board for investigation;

(30) A licensee maintaining an office in South Dakota shall have a licensee regularly employed and scheduled in that office who is in direct responsible charge of the professional work;

(31) A licensee may not engage in conduct involving fraud or disregard of the rights of others;

(32) A licensee is bound by and shall comply with all provisions relating to the licensee's profession and technical field contained in SDCL chapter 36-18A and this article;

(33) A licensee must notify the board within twenty calendar days if another state has disciplined the licensee for any reason and in any manner or if the licensee has received an alternative resolution in lieu of discipline; and

(34) A licensee shall respond within thirty calendar days of an audit notification.

Noncompliance with any of the rules of professional conduct may result in disciplinary action.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:20:01, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.
• General Authority: SDCL 36-18A-22(8).
• Law Implemented: SDCL 36-18A-56.

Chapter 20:38:37 Other requirements of licensees

ARSD 20:38:37:01 Seals

A licensed professional engineer, architect, land surveyor, or landscape architect is responsible for the security and proper use of an appropriate seal. No petroleum release assessor, petroleum release remediator, or intern may obtain or use a seal. Improper use of the seal or failure to sign and seal final work is grounds for disciplinary action. The seal shall be used on all final documents, including plats, reports, plans, and specifications. The seal implies responsibility for the entire submission unless the area of responsibility is clearly identified in the information accompanying the seal. Drawings prepared by a licensed professional shall have the seal and license number with a signature of the licensee who is in responsible charge on each sheet of those drawings.

Work performed during construction administration shall also be signed and sealed if it affects the intent of the project or changes the life safety aspects of the project. Any exempt project services performed by a licensed professional shall be sealed. Review drafts or presentation documents, such as renderings or drawings used to communicate conceptual information only, are not required to be signed and sealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:22:01, 38 SDR 121, effective January 16, 2012; 45 SDR 95, effective January 22, 2019.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-22(9), 36-18A-44, 36-18A-45, 36-18A-56(1)(2)(8)(10), 36-18A-65(4)(8).

ARSD 20:38:37:02 Prime professional

The prime professional is the licensed architect or professional engineer who leads the design team and manages the design project. A prime professional is required for any project that requires the coordination of multiple disciplines, such as, architectural, landscape architectural, civil, structural, mechanical, or electrical engineering. The prime professional is charged with the coordination of the design and construction administration services. The prime professional may require testing and uncovering of work to determine compliance with approved plans and specifications. The duties of the prime professional include the following:

(1) Acts as point of contact for the project team during the design phase to ensure dialogue among participants, including owners, contractors, developers, design professionals, government bodies, and building officials;

(2) Verifies that the submittal to the building official is compatible and coordinated and provides a logical and comprehensive document;

(3) Verifies that the design submitted is complete, and that all requirements for calculations and specifications are complete and accurately delineated on plans and related documents;

(4) Acts as point of contact during the review process with the building official and provides for timely response to questions, corrections, or requests for additional information on any element of the design package;

(5) Acts as point of contact for the design team following permit issuance, responds to changes, clarifications, and additional information that may be required from members of the design team to owners, developers, contractors, or building officials; and

(6) Coordinates construction administration services.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:21:01, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(6).
• Law Implemented: SDCL 36-18A-1(9), 36-18A-46.

ARSD 20:38:37:03 Construction administration services

Construction administration services shall be provided by a licensee practicing within the licensee's profession and comprise the following minimum services:

(1) Visiting the construction site on a regular basis as is necessary to determine that the work is proceeding generally in accordance with the contract documents and technical submissions;

(2) Processing shop drawings, samples, and other submittals required of the contractor by the terms of construction contract documents to assure general accordance with the plans and specifications; and

(3) Notifying the owner, the client, the board, and the building official of any observed and uncorrected code violations; changes that affect code compliance; the use of any materials, assemblies, components, or equipment prohibited by a code; major or substantial changes between such technical submissions and the work in progress; or any deviation from the technical submissions that the design professional identifies as constituting a hazard to the public, which is observed in the course of performing the professional's construction administration duties.

The project's architect or professional engineer shall report to the board and the building official if neither one is engaged to provide construction administration services.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:21:02, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(6).
• Law Implemented: SDCL 36-18A-1(9), 36-18A-46.

ARSD 20:38:37:04 Combining architecture, engineering, and construction services

A business entity offering any combination of architectural and engineering services together with construction services such as design-build contracting may offer to render architectural and engineering services only if:

(1) An architect and professional engineer licensed in the state participates substantially in all material aspects of the offering;

(2) There is written disclosure at the time of the offering that the architect and professional engineer are engaged by and contractually responsible to the contractor, contractor as a joint venture, or owner/client;

(3) The architect and professional engineer will have direct supervision of the design work and that the professional services are not terminated without the consent of the owner/client;

(4) The rendering of architectural and engineering services by such professionals will conform to the provisions of SDCL chapter 36-18A and this article; and

(5) Design professionals perform construction administration on the projects.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:04, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-47, 36-18A-48, 36-18A-49, 36-18A-51.

ARSD 20:38:37:05 Land surveyors

A licensed land surveyor shall perform the following services:

(1) Filing certified land corner records. On certified land corner records, a licensed surveyor shall date, sign and affix the licensed surveyor's number and seal on 8½ by 14-inch sheets before presenting a certificate for filing. The certified land record form shall show by sketch and explanation a complete description of the found or reestablished corner monument. The accessories established, stating how marked, material used, witness trees, witness objects, bearing objects, and courses and distances to adjacent corners if determined in reestablishing the corner described shall be on the certificate. The licensed surveyor shall describe evidence found of the original corner and give the original record if known. The licensed land surveyor may include other reference information such as State Plane Coordinates or other specified geodetic coordinates as evidence of the corner position. The licensed land surveyor may use the back of the certificate for additional sketches;

(2) File with the register of deeds. The certified land corner shall be indexed by the register of deeds in each county on a township index sheet provided by the board. Counties using microfilm or similar devices for storage of documents shall return the original to the land surveyor unless notified otherwise; and

(3) Survey corner markers. All corner markers including points of curvature set by licensed land surveyors, whether they are retracement surveys, aliquot boundaries, or the subdivision of lands, must either be constructed of ferrous metal or must contain sufficient magnetic material so that the markers can be found with metal detecting devices. All corner markers set by licensed land surveyors must have affixed to the top of the corner marker a device commonly known as a survey cap which clearly shows the registration number of the surveyor.

History

• Source: 26 SDR 9, effective July 29, 1999; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:22:05, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-4, 36-18A-44, 36-18A-45, 36-18A-71.

ARSD 20:38:37:06 Services on exempt projects or for exempt entities

Any licensed professional architect, engineer, landscape architect, or land surveyor in South Dakota performing services on an exempt project or for an exempt governmental entity, pursuant to SDCL 36-18A-9, shall, in the performance of such professional services, comply with all applicable provisions of state law and administrative rules in the performance of such services. The professional standard of care for a licensee, and the mandatory compliance with state statutes and administrative regulations, are not reduced, modified, or lessened when the project is exempt.

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:07, 30 SDR 204, effective June 24, 2004; transferred from § 20:38:22:15, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-8.
• Law Implemented: SDCL 36-18A-9.

ARSD 20:38:37:07 Petroleum release samples

A petroleum release assessor or remediator shall gather assessment samples to determine if there is a petroleum release and shall direct soil borings and determine where to collect samples for analytical data.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:22:02, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-6, 36-18A-7, 36-18A-22(5).

Chapter 20:38:38 Fire protection systems

ARSD 20:38:38:01 Automatic fire sprinkler and fire alarm systems

20:38:38 :01. Automatic fire sprinkler and fire alarm systems. If fire sprinkler or fire alarm shop drawings are to be used to finalize engineering concepts, a licensed professional engineer shall provide and be responsible for the design concept and specifications, which must be adequate for shop drawing preparation by others. The licensed professional engineer shall review the shop drawings of the system prior to its permit review and installation. In addition, the licensed professional engineer shall provide a review stamp or letter of review attached to the drawings.

After installation of the fire sprinkler system and fire alarm system, the licensee shall furnish a written letter stating the system has been installed in accordance with the shop drawings and tested in accordance with the manufacturer's specifications and the appropriate National Fire Protection Association requirements. This acceptance letter shall be made available to appropriate jurisdictional authorities and interested parties.

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:06.01, 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:22:06, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-3.

ARSD 20:38:38:02 Shop drawings for fire sprinkler system

A properly qualified technician or licensee shall execute the design concept and prepare shop drawings for a fire sprinkler system.

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:06.02, 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:22:08, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-3, 36-18A-9(7).

ARSD 20:38:38:03 Qualified fire sprinkler system technician

A qualified fire sprinkler system technician is a person who has at least one of the following qualifications:

(1) National Institute for Certification in Engineering Technologies (NICET) level III technician certifications in the subfield of fire sprinkler systems;

(2) A NICET level IV technician certification in the subfield of fire sprinkler systems; or

(3) 20 years of experience in the field of fire sprinkler system layout.

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:06.03, 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:22:09, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-3, 36-18A-9(7).

ARSD 20:38:38:04 Shop drawings for fire alarm system

A properly qualified technician or licensee shall execute the design concept and prepare shop drawings for any fire alarm system.

History

• Source: 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:22:11, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-3, 36-18A-9(7).

ARSD 20:38:38:05 Qualified fire alarm system technician

A qualified fire alarm system technician is a person who has at least one of the following qualifications in fire alarm systems:

(1) National Institute for Certification in Engineering Technologies (NICET) level III technician certification in the subfield of fire alarm systems;

(2) A NICET level IV technician certification in the subfield of fire alarm systems; or

(3) 20 years of experience in the field of fire alarm systems layout.

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:06.03, 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:22:12, 38 SDR 121, effective January 16, 2012.
• General Authority: SDCL 36-18A-22(5).
• Law Implemented: SDCL 36-18A-3.

ARSD 20:38:38:06 Exempt projects and routine maintenance

A licensee may not be required to provide design concepts or an acceptance letter of review for:

(1) Projects exempt from building code requirements for fire protection; or

(2) Routine maintenance, when accomplished in accordance with National Fire Protection Association (NFPA) standard #25, "Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems."

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:22:06.04, 30 SDR 204, effective June 24, 2004; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:22:13, 38 SDR 121, effective January 16, 2012.
• General Authority: 36-18A-22(5).
• Law Implemented: 36-18A-3, 36-18A-9.

Chapter 20:38:39 Disciplinary proceedings

ARSD 20:38:39:01 Complaints, Repealed

Complaints. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; 33 SDR 70, effective June 20, 2006; transferred from § 20:38:24:01, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:02 Complaint procedure, Repealed

Complaint procedure. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:02, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:03 Informal disposition of complaints, Repealed

Informal disposition of complaints. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:04, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:04 Formal proceedings, Repealed

Formal proceedings. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:05, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:05 Contents of a formal board complaint, Repealed

Contents of a formal board complaint. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:06, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:06 Answer to formal board complaint, Repealed

Answer to formal board complaint. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:07; 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:07 Disqualification, Repealed

Disqualification. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:08, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:08 Procedure for formal hearing, Repealed

Procedure for formal hearing. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:09, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:09 Final action by board, Repealed

Final action by board. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:10, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:10 Petition for hearing by an aggrieved person, Repealed

Petition for hearing by an aggrieved person. Repealed.

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:11, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:11 Petition for declaratory ruling, Repealed

Petition for declaratory ruling. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:26:01, 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:12, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:12 Board action on petition, Repealed

Board action on petition. Repealed.

History

• Source: 26 SDR 9, effective July 29, 1999; transferred from § 20:38:26:02, 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:13, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.

ARSD 20:38:39:13 Adverse ruling, Repealed

Adverse ruling. Repealed.

History

• Source: 29 SDR 95, effective January 6, 2003; transferred from § 20:38:24:14, 38 SDR 121, effective January 16, 2012; 51 SDR 56, effective November 20, 2024.