ARSD Article 20:53 — PLUMBERS

LABOR AND REGULATION LABOR AND REGULATION

Chapter 20:53:01

ARSD 20:53:01:01 Definitions

20:53:01:01. Definitions. The terms defined in SDCL 36-25-1 have the same meaning when used in this article. For the purpose of this article, the following terms mean:

(1) "Appliance installation," the making of local connections to water and waste systems of all miscellaneous and commercial equipment designed to use electricity or gas or both as a basic source of energy; maintenance and service of this equipment, including operation, adjustment, repair, removal, and renovation; but not connection and repair of household and commercial plumbing fixtures that are designed for sanitary use or water conditioning;

(2) "Appliance contractor," a person who engages in the business or trade of appliance installation;

(3) "Appliance installer," a person other than an appliance contractor who is engaged as an employee of or otherwise working under the direction of an appliance contractor in appliance installation as a principal occupation;

(4) "Appliance installer apprentice," a person other than an appliance contractor or appliance installer who is working as an employee of an appliance contractor and is under the immediate and personal supervision of either an appliance contractor or an appliance installer for the purpose of learning and assisting in appliance installation;

(5) "Restricted license," a license issued pursuant to SDCL 36-25-17.1 that permits a person to hold a plumbing contractor, plumber, plumber apprentice, water conditioning contractor, water conditioning installer, water conditioning apprentice, appliance contractor, appliance installer, appliance installer apprentice, sewer and water contractor, sewer and water installer, sewer and water installer apprentice, manufactured and mobile home contractor, manufactured and mobile home installer, manufactured and mobile home apprentice, underground irrigation contractor, underground irrigation installer, or underground irrigation apprentice license in a rural area or a municipality of less than fifteen hundred population;

(6) "Sewer and water installation," the setting up of building sewer and water service, the repair of existing building sewer and water service, the setting up of building storm sewer, the repair of existing building storm sewer, and the setting up of water treatment plant piping and equipment designed to purify water, chemical treatment piping, and sewer treatment plant piping and equipment designed to treat sewage, and the repair of the piping and equipment. For the purposes of this definition, the water service terminates at the water service building valve and the sewer service terminates three feet inside the building wall;

(7) "Sewer and water contractor," a person who engages in the trade or business of selling and setting up sewer and water installations;

(8) "Sewer and water installer," a person other than a sewer and water contractor who is engaged as an employee of or is otherwise working under the direction of a sewer and water contractor in sewer and water installation as a principal occupation;

(9) "Sewer and water installer apprentice," a person other than a sewer and water contractor or a sewer and water installer who is engaged in working as an employee of a sewer and water contractor and is under the direct immediate supervision of either a sewer and water contractor or a sewer and water installer for the purpose of learning and assisting in the setting up of sewer and water installations.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 19 SDR 36, effective September 17, 1992; 30 SDR 25, effective August 31, 2003; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14, 36-25-17.1.

Law Implemented: SDCL 36-25-17.1, 36-25-18.

Chapter 20:53:02

ARSD 20:53:02:01 Repealed

20:53:02:01. Meetings.Repealed.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 30 SDR 25, effective August 31, 2003.

ARSD 20:53:02:02 Duties of president

20:53:02:02. Duties of president. The president is the principal executive officer of the commission and, subject to the control of the commission, shall in general supervise and control all business and affairs of the commission. He shall preside at all meetings of the commission. All instruments executed by the commission shall be signed by the president or the vice-president in the absence of the president. The commission may specifically designate other duties to the president.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-8.

ARSD 20:53:02:03 Duties of vice-president

20:53:02:03. Duties of vice-president. The vice-president shall act for the president in the event of his death or inability or refusal to act. When acting for the president, the vice-president shall have all powers of the president. The vice-president may be assigned additional duties by the president or the commission.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-8.

ARSD 20:53:02:04 Duties of secretary-treasurer

20:53:02:04. Duties of secretary-treasurer. The secretary-treasurer shall have the following duties: keep the minutes of the commission meetings; assist the president in the performance of his duties including giving all notices that are duly required by law; be custodian of the records and seal of the commission and affix the seal to all documents executed in behalf of the commission; sign all documents and execute all instruments as directed by the commission; have care and custody and be responsible for all funds and securities deposited with the commission and deposit such funds with the state treasurer who shall credit the moneys to the South Dakota plumbing commission account; and keep records of all applications and licenses issued in the register.

Source: SL 1975, ch 16, § 1; 5 SDR 87, effective April 12, 1979; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-8.

Cross-References: Minutes required to be filed with auditor general, SDCL 1-25-3; Moneys may not be deposited in local banks without permission of state auditor and state treasurer SDCL 4-4-3.

ARSD 20:53:02:05 Office of the commission

20:53:02:05. Office of the commission. The principal office of the commission is in the city of Pierre, Hughes County, South Dakota.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-14.

ARSD 20:53:02:06 Repealed

20:53:02:06. Adoption of rules.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 4 SDR 10, effective August 28, 1977.

ARSD 20:53:02:07 Repealed

20:53:02:07. Bond of secretary-treasurer.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 5 SDR 87, effective April 12, 1979.

ARSD 20:53:02:08 Testing

20:53:02:08. Testing. All tests shall be prepared and scheduled by the secretary-treasurer.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-18, 36-25-19.

ARSD 20:53:02:09 Notice of exam

20:53:02:09. Notice of exam. Each applicant shall be given 10 days' notice by first class mail of the time and place of examination. The notice shall only be given the first time an examination is taken. If an applicant fails to appear at his first examination or desires to retake the examination after failing it, he shall obtain the testing date and place from the secretary-treasurer of the commission. An applicant may waive the 10-day notice of the examination.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-18, 36-25-19.

ARSD 20:53:02:10 Grading exams

20:53:02:10. Grading exams. The commission shall grade all examinations, but may delegate responsibilities in grading to the secretary-treasurer.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-18, 36-25-19.

ARSD 20:53:02:11 Superseded

20:53:02:11. Rule changes.Superseded.

Code Commission Note:SDCL 1-26-13 provides a statutory procedure to use for petitioning an agency for amendments to its rules, thus effectively superseding this section.

ARSD 20:53:02:12 Repealed

20:53:02:12. Agency action on request.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 4 SDR 10, effective August 28, 1977.

ARSD 20:53:02:13 Petition for declaratory ruling

20:53:02:13. Petition for declaratory ruling. Any person wishing the commission to issue a ruling as to the applicability to that person of any statutory provision or rule or order of the commission may file with the commission a petition in substantially the following form:

STATE OF SOUTH DAKOTA

State Plumbing Commission

Pierre, South Dakota 57501

Petition for Declaratory Ruling

Pursuant to the provisions of SDCL 1-26-15, I, (name of petitioner), of (address of petitioner), am (title or capacity of petitioner) and do hereby petition the South Dakota State Plumbing Commission for its declaratory ruling in regard to the following:

1. The state statute or State Plumbing Commission rule or order in question is: (here identify and quote the pertinent statute, rule or order).

2. The facts and circumstances which give rise to the issue to be answered by the commission's declaratory ruling are:

3. The precise issue to be answered by the commission's declaratory ruling is:

Dated at (city and state), this ______ day of ____________ 20__.

(Signature of petitioner)

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 29, effective September 5, 2019

General Authority: SDCL 1-26-15.

Law Implemented: SDCL 1-26-15.

ARSD 20:53:02:14 Commission action on petition

20:53:02:14. Commission action on petition. Upon receipt of a petition, the commission's executive director may request from the petitioner further information that may be required by the commission for the issuance of a ruling. If the petitioner refuses to provide further information the petition shall be added to the agenda of the commission's next meeting. If the commission finds the petition contains sufficient information and is within its jurisdiction, the commission shall issue a declaratory ruling and serve a copy of the ruling by certified mail upon the petitioner.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 46 SDR 29, effective September 5, 2019.

General Authority: SDCL 1-26-15.

Law Implemented: SDCL 1-26-15.

ARSD 20:53:02:15 Commission meetings on petition for new rules

20:53:02:15. Commission meetings on petition for new rules. The commission may hold a meeting by telephone conference call to decide on any petitions filed pursuant to SDCL 1-26-13.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 1-26-13.

ARSD 20:53:02:16 Repealed

20:53:02:16. Request for decision from agency.Repealed.

Source: SL 1975, ch 16, § 1; repealed, 4 SDR 10, effective August 28, 1977.

ARSD 20:53:02:17 Finality of commission decision

20:53:02:17. Finality of commission decision. No decision of the commission shall be effective upon any person until notice of the decision has been given in accordance with SDCL 1-26.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 1-26, 21-33.

Cross-Reference: Appeals from administrative agencies, SDCL 1-26-30 to 1-26-37.

ARSD 20:53:02:18 Failure to appear for examination

20:53:02:18. Failure to appear for examination. All applications for examination for all licenses shall expire and be cancelled after a period of six months from the date of approval for examination. Fees will be forfeited if the applicant fails to appear for examination within that period.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-18, 36-25-19.

ARSD 20:53:02:19 Temporary permits, Repealed

20:53:02:19. Temporary permits. Repealed.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 33, effective September 12, 1999; 51 SDR 141, effective July 2, 2025.

ARSD 20:53:02:20 License expiration

20:53:02:20. License expiration. All licenses issued under these rules expire December 31 of each year. They may be renewed upon application not later than the immediately following January 31.

An application to reinstate an expired license received after the immediately following January 31 is subject to initial license application requirements. If an application to reinstate an expired license is received within one year of expiration the examination will be waived.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 88, effective November 12, 1989; 46 SDR 29, effective September 5, 2019; 47 SDR 71, effective December 14, 2020.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-19.

ARSD 20:53:02:21 Reciprocity

20:53:02:21. Reciprocity. Applicants for any license issued by the commission who desire to be licensed without examination shall apply for their South Dakota license on forms provided by the commission. The applicant shall have been licensed by examination in the state from which he comes, the state shall have licensure laws similar to South Dakota's, and the applicant's work in the state from which he comes shall comply with that state's plumbing code and that state's plumbing code shall be equal to or exceed the South Dakota state plumbing code. The commission will investigate these matters and may require affidavits. The commission shall, in writing, grant the license or notify the applicant of the reasons the license is refused. If the license is refused the matter shall be treated as a contested case and a hearing date set. The normal examination fee shall accompany the application.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-21.

Cross-References:

Examination fees, § 20:53:03:01.

License procedures, § 20:53:04:04.

License and renewal fees, § 20:53:12:03.

ARSD 20:53:02:22 Inspection

20:53:02:22. Inspection. An inspector employed by the commission shall carry out inspections of plumbing throughout the state. An inspection request shall be made at least 72 hours in advance, excluding Saturdays, Sundays, and holidays. Testing is the responsibility of the contractor, installer, or plumber and does not need to be witnessed by an inspector. The inspector shall record all violations of the state plumbing code. The inspector shall leave the inspection report at the site or mail or email it to the permittee or authorized representative. The inspector shall personally deliver or mail a citation report to the permittee responsible for correcting a violation. The permittee responsible for the violations shall either correct the cited violation or request a hearing on the matter before the commission within 21 days. Within 10 days after hearing, the commission shall issue its order on the cited violation in accordance with SDCL chapter 1-26.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 29, effective September 3, 1987; 30 SDR 40, effective October 1, 2003; 47 SDR 71, effective December 14, 2020.

General Authority: SDCL 36-25-15.1.

Law Implemented: SDCL 36-25-10, 36-25-15.1.

ARSD 20:53:02:22.01 Concealment and final inspection

20:53:02:22.01. Concealment and final inspection. No permittee may conceal any drainage, waste, or vent system until the final inspection has been completed and the inspector has approved that portion of the system. Backfilling is considered concealment. A system that has been conealed prior to inspection must be unconcealed by the permittee prior to an inspection. Upon completion of the entire drainage, waste, or vent system a final inspection is required.

Source: 30 SDR 40, effective October 1, 2003; 47 SDR 71, effective December 14, 2020.

General Authority: SDCL 36-25-15.1.

Law Implemented: SDCL 36-25-10.

ARSD 20:53:02:23 Repealed

20:53:02:23. Qualifications for plumbing inspector. Repealed.

Source: 15 SDR 136, effective March 15, 1989; 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.

Chapter 20:53:03

ARSD 20:53:03:01 License and examination fees, Repealed

20:53:03:01. License and examination fees. Repealed.

Source: SL 1975, ch 16, § 1; 1 SDR 48, effective December 26, 1974; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 29, effective September 3, 1987; 16 SDR 88, effective November 12, 1989; 26 SDR 33, effective September 12, 1999; 29 SDR 52, effective October 20, 2002; 41 SDR 34, effective September 2, 2014; 45 SDR 91, effective January 9, 2019; 46 SDR 29, effective September 5, 2019; 51 SDR 141, effective July 2, 2025.

ARSD 20:53:03:02 Experience required for testing

20:53:03:02. Experience required for testing. An applicant for a plumbing contractor's license shall show evidence of six years' experience as a plumbing contractor, plumber, or plumber's apprentice with at least two of those years as a plumbing contractor or plumber. During the six years the applicant must have spent at least 1900 hours per year as a plumbing contractor, plumber, or plumber's apprentice. Applicants for a plumber's license shall show evidence of four years' experience as an apprentice plumber. During the four years the applicant must have spent at least 1900 hours per year as an apprentice. Credit for military plumbing is given at the rate of one year credit for each two years in the military up to a maximum of five years of credit. The commission shall provide forms for such applications and may investigate the individual's experience. If the commission finds the individual has the required experience, the individual shall be tested. If the commission does not allow testing based on the application, it shall notify the applicant that the applicant is being refused a license and the matter shall be treated as a contested case.

Source: SL 1975, ch 16, § 1; 6 SDR 71, effective January 27, 1980; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 21 SDR 40, effective September 4, 1994; 26 SDR 33, effective September 12, 1999.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-18, 36-25-19.

ARSD 20:53:03:03 Out-of-state applicants

20:53:03:03. Out-of-state applicants. Applicants for a plumber's license or contractor's license from out-of-state may take the examination upon showing by affidavits the same qualifications in the state from which the applicant comes that are required of applicants from South Dakota. The secretary-treasurer shall investigate the truth of such affidavits. Application blanks may be obtained from the commission. A rejected application shall be treated as a contested case.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-18.

ARSD 20:53:03:04 Trade school credit

20:53:03:04. Trade school credit. Graduates of an accredited trade school having at least a 9-month program in plumbing with at least 1,020 hours of plumbing instruction or graduates of a 3-year accredited association apprenticeship training program may apply for a plumber's examination after 3 years in which they have had 5,700 hours experience as a plumber's apprentice.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-18.

ARSD 20:53:03:05 Plumber's apprentice license

20:53:03:05. Plumber's apprentice license. To obtain a plumber's apprentice license, an applicant shall complete an application from the commission showing the plumbing contractor under whom the applicant will be working. An apprentice plumber who is employed by a licensed plumbing contractor, has passed an examination approved by the commission, and has completed three thousand eight hundred hours of experience learning about and assisting in the installation, alteration, and repair of plumbing under a plumbing contractor may work without immediate and personal supervision on single family dwellings.

Source: SL 1975, ch 16, § 1; 1 SDR 48, effective December 26, 1974; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 8 SDR 176, effective July 4, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 29, effective September 3, 1987; 16 SDR 88, effective November 12, 1989; 26 SDR 33, effective September 12, 1999; 29 SDR 52, effective October 20, 2002; 31 SDR 35, effective September 23, 2004; 41 SDR 34, effective September 2, 2014; 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-1(4), 36-25-18, 36-25-32.

ARSD 20:53:03:06 Repealed

20:53:03:06. License renewal fees. Repealed.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 29, effective September 3, 1987; 16 SDR 88, effective November 12, 1989; 26 SDR 33, effective September 12, 1999; 29 SDR 52, effective October 20, 2002; repealed, 41 SDR 34, effective September 2, 2014.

ARSD 20:53:03:07 Examination requirements

20:53:03:07. Examination requirements. An examination for an applicant desiring to become licensed shall consist of the following:

(1) Part 1, questions which are based on the state plumbing code. The applicant may use the code but may not use more than two hours to complete part 1;

(2) Part 2, questions which are based on the state plumbing code. The applicant may not use the code and may not use more than two hours to complete part 2;

(3) Part 3, drawings of plumbing fixtures on which the applicant is to size all stacks, wastes, and vents and to insert the pipe size. The state plumbing code may not be used on this portion for the plumber exam but the code may be used on this portion of the plumbing contractor exam. The applicant may not use more than one hour to complete part 3.

The questions and drawings for plumbing contractors and plumbers may be different. The passing grade for plumbing contractors is 80 percent and the passing grade for plumbers is 70 percent. An applicant may sit for the exam for the same license only once every three months.

Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 88, effective November 12, 1989; 37 SDR 48, effective September 21, 2010; 41 SDR 34, effective September 2, 2014; 47 SDR 71, effective December 14, 2020.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-18, 36-25-19.

ARSD 20:53:03:08 Repealed

20:53:03:08. Identification of work installed.Repealed.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; repealed, 30 SDR 25, effective August 31, 2003.

ARSD 20:53:03:09 Restricted license and examination fees, Repealed

20:53:03:09. Restricted license and examination fees. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 41 SDR 34, effective September 2, 2014; 45 SDR 91, effective January 9, 2019; 46 SDR 29, effective September 5, 2019; 51 SDR 141, effective July 2, 2025.

ARSD 20:53:03:10 Examination for restricted plumbing contractors and plumbers

20:53:03:10. Examination for restricted plumbing contractors and plumbers. The examination for an applicant desiring to become licensed must be based on the plumbing code. The applicant may use the code to answer the questions. The passing grade for the restricted plumbing contrator exam is 80 percent. The passing grade for the plumber exam is 70 percent.

Source: 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.

General Authority: SDCL 36-25-14, 36-25-17.1.

Law Implemented: SDCL 36-25-14, 36-25-17.1.

Chapter 20:53:04

ARSD 20:53:04:01 Definitions

20:53:04:01. Definitions. For the purpose of articles 20:53 and 20:54, these terms have the following meaning:

(1) "Water conditioning, treatment, installation, and repair," the treatment of water and the installation of appliances, appurtenances, fixtures, and plumbing necessary thereto, all designed to treat water to alter, modify, add, or remove mineral, chemical, or bacterial content and to repair such equipment to a water distribution system. Water conditioning installation, repair, and treatment do not mean the exchange of appliances, appurtenances, and fixtures when the plumbing has previously been installed or adapted for such appliances, appurtenances, and fixtures, and no substantial change in the plumbing system is required;

(2) "Water conditioning contractor," a person who engages in the trade or business of water treatment and the installation of water conditioning equipment and apparatus and of maintaining and servicing it, including operation, adjustment, repair, removal, and renovation;

(3) "Water conditioning installer," a person other than a water conditioning contractor who is engaged as an employee of or otherwise working under the direction of a water conditioning contractor in the treatment of water and the installation of water conditioning and treatment equipment and who is lawfully qualified and registered as a water conditioning plumbing installer pursuant to the provisions of these articles as a principal occupation;

(4) "Water conditioning apprentice," a person other than a water conditioning contractor or water conditioning installer who is engaged in working as an employee of a water conditioning contractor under the immediate and personal supervision of either a water conditioning contractor or a water conditioning installer in learning and assisting in the plumbing installation of water conditioning, treatment, installation, and repair.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14, 36-25-15.

Law Implemented: SDCL 36-25-15.

ARSD 20:53:04:02 Licenses

20:53:04:02. Licenses. Licenses shall be issued by the commission under the rules set out in this chapter, to persons engaged in the trade or business of water conditioning, treatment, installation, and repair who are qualified under this chapter; however, such licenses are not required of persons licensed as plumbing contractors, plumbers, or plumber's apprentices under SDCL 36-25-1.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986.

General Authority:SDCL 36-25-14, 36-25-15.

Law Implemented:SDCL 36-25-15.

ARSD 20:53:04:03 Examination

20:53:04:03. Examination. The examination for applicants desiring to become licensed shall consist of questions that are based on the code. The applicant may use the code to answer the questions.

The questions for water conditioning contractor and installer need not be the same. The passing grade for a water conditioning contractor is 80 percent and the passing grade for an installer is 70 percent. If a water conditioning installer receives 80 percent or above on the installer examination, the installer is not required to write the water conditioning contractor examination when applying for the contractor's license, but must pay the license and examination fee in § 20:53:04:04 for a contractor's license.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 88, effective November 12, 1989; 26 SDR 33, effective September 12, 1999; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14, 36-25-15.

Law Implemented: SDCL 36-25-15.

ARSD 20:53:04:04 License procedures

20:53:04:04. License procedures. To obtain a water conditioning apprentice license, an applicant shall complete an application from the commission showing the water conditioning contractor under whom the applicant will be working.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-1(4), 36-25-18.

ARSD 20:53:04:05 Temporary licenses, Repealed

20:53:04:05. Temporary licenses. Repealed.

Source: SL 1975, ch 16, § 1; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 33, effective September 12, 1999; 51 SDR 141, effective July 2, 2025.

ARSD 20:53:04:06 Reexamination periods

20:53:04:06. Reexamination periods. An applicant for an examination is entitled to one examination only for each examination fee paid. All applications expire six months after the date of approval and the fees are forfeited if the applicant fails to appear for an examination within that period. If an applicant fails to pass an examination, the applicant may not take another examination until at least three months have passed from the date of the applicant's last examination.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 88, effective November 12, 1989; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14, 36-25-19.

Law Implemented: SDCL 36-25-14, 36-25-19.

ARSD 20:53:04:07 Out-of-state contractors and installers

20:53:04:07. Out-of-state contractors and installers. Applicants who are water conditioning contractors in other states who desire to work in this state in localities where a state water conditioning contractor's license is required may apply for a water conditioning contractor's examination and license. Proof of the water conditioning contractor's license from another state shall be vouched for as provided on the application blank furnished by the commission. Applicants who are water conditioning installers in other states or who desire to work in this state in localities where a state installer's license is required may apply for an installer's examination and license. Proof of the installer's license from another state shall be vouched for as provided on the application blank furnished by the commission.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14, 36-25-15.

Law Implemented: SDCL 36-25-15.

ARSD 20:53:04:08 Enforcement and penalty

20:53:04:08. Enforcement and penalty. It is unlawful for a water conditioning contractor, water conditioning installer, or apprentice to operate contrary to the foregoing water conditioning rules in this chapter. Enforcement and penalty provisions are identical to those found in SDCL 36-25.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14, 36-25-15.

Law Implemented: SDCL 36-25-15.

Cross Reference: Violation of SDCL 36-25 as Class 2 misdemeanor, SDCL 36-25-30.

ARSD 20:53:04:09 Restricted license renewal fees, Repealed

20:53:04:09. Restricted license renewal fees. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 41 SDR 34, effective September 2, 2014; 45 SDR 91, effective January 9, 2019; 46 SDR 29, effective September 5, 2019; 47 SDR 71, effective December 14, 2020; 51 SDR 141, effective July 2, 2025.

ARSD 20:53:04:10 Repealed

20:53:04:10. Examination for restricted water conditioning contractors and installers. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.

Chapter 20:53:05

ARSD 20:53:05:01 Appliance installers' licenses

20:53:05:01. Appliance installers' licenses. Special licenses shall be issued by the commission to persons engaged in plumbing necessary for installing and repairing plumbing appliances. This license allows the licensee to carry on only such plumbing as is necessary for appliance installation.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

ARSD 20:53:05:02 License and examination fees, Repealed

20:53:05:02. License and examination fees. Repealed.

ARSD 20:53:05:03 Experience required for testing

20:53:05:03. Experience required for testing. An applicant for an appliance installer's license shall show evidence of two years' experience as an appliance installer apprentice in South Dakota. An applicant for an appliance contractor's license shall have one year's experience as an appliance installer in South Dakota. Proof of experience shall be shown by affidavits which the commission may investigate. The commission shall provide forms to the applicant. The applicant shall show that the applicant's work complies with the state plumbing code, article 20:54. If the commission rejects the application, the matter shall be treated as a contested case.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 33, effective September 12, 1999; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14, 36-25-18.

ARSD 20:53:05:04 Out-of-state applicants

20:53:05:04. Out-of-state applicants. Applicants for an appliance contractor or installer's license from out-of-state may take the examination upon showing by affidavits that the applicant has the same qualifications in the state from which the applicant comes that are required of applicants from South Dakota. The commission shall provide forms for the applicant. The secretary-treasurer shall investigate the truth of the affidavits. If the application is rejected, the matter shall be treated as a contested case.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

ARSD 20:53:05:05 Appliance installer apprentice license

20:53:05:05. Appliance installer apprentice license. To obtain an appliance installer apprentice license, an applicant shall complete an application from the commission showing the appliance contractor under whom the applicant will be working.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 26 SDR 33, effective September 12, 1999; 41 SDR 34, effective September 2, 2014; 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-1(4), 36-25-18.

ARSD 20:53:05:06 Repealed

20:53:05:06. License renewal fees. Repealed.

Source: SL 1975, ch 16, § 1; 1 SDR 48, effective December 26, 1974; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 29, effective September 3, 1987; 16 SDR 88, effective November 12, 1989; 26 SDR 33, effective September 12, 1999; 29 SDR 52, effective October 20, 2002; repealed, 41 SDR 34, effective September 2, 2014.

ARSD 20:53:05:07 Examination requirements

20:53:05:07. Examination requirements. Examination for applicants desiring to become licensed shall consist of the following:

(1) Questions which are based upon appliance installation and application. The applicant may use the code to answer these questions.

The questions for the appliance contractor and the appliance installer need not be the same. The passing grade for the appliance contractor is 80 percent and the passing grade for the appliance installer is 70 percent. If an appliance installer receives 80 percent or above on the installer examination, the installer is not required to write the appliance contractor's examination when applying for the contractor's license, but must pay the license and examination fee for a contractor's license and must meet the experience requirements for appliance contractors in § 20:53:05:03. An applicant may sit for the exam for the same license only once every three months.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 88, effective November 12, 1989; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

ARSD 20:53:05:08 Restricted license renewal fees, Repealed

20:53:05:08. Restricted license renewal fees. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 41 SDR 34, effective September 2, 2014; 45 SDR 91, effective January 9, 2019; 47 SDR 71, effective December 14, 2020; 51 SDR 141, effective July 2, 2025.

ARSD 20:53:05:09 Repealed

20:53:05:09. Examination for restricted appliance contractors and installers. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.

Chapter 20:53:06

ARSD 20:53:06:01 Sewer and water installer licenses

20:53:06:01. Sewer and water installer licenses. Special licenses shall be issued by the commission to persons engaged in plumbing necessary for installing and repairing sewer and water plumbing installations. This license allows the licensee to only carry on such plumbing as may be necessary for sewer and water installation. Class 1 and above certified water and wastewater operators are exempt from sewer and water licensing when performing work on rural and municipal water and wastewater systems.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 34, effective September 2, 2014; 43 SDR 31, effective September 12, 2016.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

ARSD 20:53:06:02 License and examination fees, Repealed

20:53:06:02. License and examination fees. Repealed.

ARSD 20:53:06:03 Experience for testing

20:53:06:03. Experience for testing. An applicant for a sewer and water installer's license shall show evidence of two years of experience as a sewer and water installer apprentice in South Dakota. An applicant for a sewer and water contractor's license shall have one year's experience as an installer in South Dakota. All applicants shall show that their work complies with the state plumbing code, article 20.54. Proof of experience shall be shown by affidavits which the commission may investigate. The commission shall provide applicants with forms. If the application is rejected, the matter shall be treated as a contested case.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

ARSD 20:53:06:04 Out-of-state applicants

20:53:06:04. Out-of-state applicants. Applicants for a sewer and water installer or contractor's license from out-of-state may take the examination upon showing by affidavits that the applicant has the experience in the state from which the applicant comes that is required of applicants from South Dakota. The commission shall provide forms. The secretary-treasurer shall investigate the truth of the affidavits. A rejected application shall be treated as a contested case.

Source: SL 1975, ch 16, § 1; 4 SDR 10, effective August 28, 1977; 7 SDR 56, effective December 16, 1980; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

ARSD 20:53:06:05 Sewer and water installer apprentice license

20:53:06:05. Sewer and water installer apprentice license. To obtain a sewer and water installer apprentice license, an applicant shall complete an application showing the sewer and water contractor under whom the applicant is to work.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-1(4), 36-25-18.

ARSD 20:53:06:06 Repealed

20:53:06:06. License renewal fees. Repealed.

ARSD 20:53:06:07 Examination requirements

20:53:06:07. Examination requirements. The examination for an applicant desiring to become licensed shall consist of questions that are based on the code. The applicant may use the code to answer these questions.

The questions for the sewer and water contractor and the sewer and water installer need not be the same. The passing grade for the sewer and water contractor is 80 percent and the passing grade for the sewer and water installer is 70 percent. If a sewer and water installer receives 80 percent or above on the installer examination, the installer is not required to write the contractor examination when applying for the contractor's license, but is required to pay the license and examination fee for a contractor's license and must meet experience requirements for contractors in § 20:53:06:03. An applicant may sit for the exam for the same license only once every three months.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

ARSD 20:53:06:08 Restricted license renewal fees, Repealed

20:53:06:08. Restricted license renewal fees. Repealed.

ARSD 20:53:06:09 Repealed

20:53:06:09. Examination for restricted sewer and water contractors and installers. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.

Chapter 20:53:07

ARSD 20:53:07:01 Definitions

20:53:07:01. Definitions. For the purpose of this chapter, these terms have the following meaning:

(1) "Manufactured home," a structure which is transportable in one or more sections, which is 8 feet or more wide or 40 feet or more long in the traveling mode or is 320 or more square feet when erected on a site; which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities; and which contains in it the plumbing, heating, air conditioning and electrical systems;

(2) "Mobile home," a movable or portable unit, designed and constructed to be towed on its own chassis comprised of frame and wheels and designed to be connected to utilities for year-round occupancy. The term includes the following:

(a) Units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expanded to provide additional cubic capacity; and

(b) Units composed of two or more separately towable components designed to be joined into one integral unit capable of being separated again into the components for repeated towing;

(3) "Manufactured and mobile home plumbing installation," connection to local water and waste systems from manufactured and mobile homes only, including maintenance and service which include the operation, adjustment, repair, removal, and renovation of such connections;

(4) "Manufactured and mobile home contractor," a person who engages in the business or trade of manufactured and mobile home water and waste connections;

(5) "Manufactured and mobile home installer," a person other than a manufactured and mobile home contractor who is engaged as an employee of or otherwise working under the direction of a manufactured and mobile home contractor, in manufactured and mobile home water and waste connections as a principal occupation;

(6) "Manufactured and mobile home apprentice," a person other than a manufactured and mobile home contractor or manufactured and mobile home installer who is working as an employee of a manufactured and mobile home contractor under the immediate and personal supervision of either a manufactured and mobile home contractor or a manufactured and mobile home installer in learning and assisting in manufactured and mobile home water and waste connections.

Source: 14 SDR 29, effective September 3, 1987; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14, 36-25-15.

Law Implemented: SDCL 36-25-15.

ARSD 20:53:07:02 Manufactured and mobile home licenses

20:53:07:02. Manufactured and mobile home licenses. Special licenses shall be issued by the commission to persons engaged in plumbing necessary for water and waste connections for manufactured and mobile homes. This license allows the licensee to carry on only such plumbing as necessary for manufactured and mobile home connections. Such licenses are not required of persons licensed as plumbing contractors, plumbers, or plumber apprentices under SDCL 36-25-1.

Source: 14 SDR 29, effective September 3, 1987.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-14.

ARSD 20:53:07:03 License and examination fees, Repealed

20:53:07:03. License and examination fees. Repealed.

Source: 14 SDR 29, effective September 3, 1987; 16 SDR 88, effective November 12, 1989; 26 SDR 33, effective September 12, 1999; 29 SDR 52, effective October 20, 2002; 41 SDR 34, effective September 2, 2014; 45 SDR 91, effective January 9, 2019; 46 SDR 29, effective September 5, 2019; 51 SDR 141, effective July 2, 2025.

ARSD 20:53:07:04 Experience required for testing

20:53:07:04. Experience required for testing. An applicant for a manufactured or mobile home installer must show evidence of two years of experience as a manufactured and mobile home apprentice. Applicants for a manufactured and mobile home contractor must have one year of experience as a manufactured and mobile home installer. Proof of experience shall be shown by affidavits which the commission may investigate. The applicant must show that the applicant's work complies with applicable codes. If the commission rejects the application, the matter shall be treated as a contested case.

Source: 14 SDR 29, effective September 3, 1987; 26 SDR 33, effective September 12, 1999; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

Cross-Reference: Finality of commission decision, § 20:53:02:17.

ARSD 20:53:07:05 Out-of-state applicants

20:53:07:05. Out-of-state applicants. Applicants for a manufactured and mobile home contractor's license or a manufactured and mobile home installer's license from out of state may take the examination upon showing by affidavits that the applicant has the same qualifications in the state from which the applicant comes as are required of applicants from South Dakota. The commission shall provide forms for the applicant. The executive secretary shall investigate the truth of the affidavits. If the application is rejected, the matter shall be treated as a contested case.

Source: 14 SDR 29, effective September 3, 1987; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

Cross-Reference: Finality of commission decision, § 20:53:02:17.

ARSD 20:53:07:06 Manufactured and mobile home apprentice license

20:53:07:06. Manufactured and mobile home apprentice license. To obtain a manufactured and mobile home apprentice license, the applicant shall complete an application showing the manufactured and mobile home contractor under whom the applicant will be working.

Source: 14 SDR 29, effective September 3, 1987; 41 SDR 34, effective September 2, 2014; 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-1(4), 36-25-18.

ARSD 20:53:07:07 Repealed

20:53:07:07. License renewal fees. Repealed.

Source: 14 SDR 29, effective September 3, 1987; 16 SDR 88, effective November 12, 1989; 26 SDR 33, effective September 12, 1999; 29 SDR 52, effective October 20, 2002; repealed, 41 SDR 34, effective September 2, 2014.

ARSD 20:53:07:08 Examination requirements

20:53:07:08. Examination requirements. The examination for applicants desiring to become licensed shall consist of questions which are based on the code. The applicant may use the code to answer these questions.

The questions for the manufactured and mobile home contractor and the manufactured and mobile home installer need not be the same. The passing grade for the manufactured and mobile home contractor is 80 percent and the passing grade for the manufactured and mobile home installer is 70 percent. If a manufactured and mobile home installer receives 80 percent or above on the installer examination, the installer is not required to write the contractor examination when applying for the contractor's license, but must pay the license and examination fee for a contractor's license and must meet experience requirements for contractors in § 20:53:07:04. An applicant may sit for the exam for the same license only once every three months.

Source: 14 SDR 29, effective September 3, 1987; 16 SDR 88, effective November 12, 1989; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

Cross-Reference: State plumbing code, art 20:54.

ARSD 20:53:07:09 Restricted license renewal fees, Repealed

20:53:07:09. Restricted license renewal fees. Repealed.

ARSD 20:53:07:10 Repealed

20:53:07:10. Examination for restricted manufactured and mobile home contractors and installers. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.

Chapter 20:53:08

ARSD 20:53:08:01 Definitions

20:53:08:01. Definitions. For the purpose of this chapter, these terms have the following meaning:

(1) "Underground irrigation installation," the practice of and the furnishing or the use of materials and devices for the purpose of installing underground irrigation systems and connecting them to the local source of potable water, including maintenance and service which include the operation, adjustment, repair, removal, and renovation of such connections and devices;

(2) "Underground irrigation contractor," a person who engages in the business or trade of installing underground irrigation system plumbing inside or outside a building and connecting it to the local source of potable water;

(3) "Underground irrigation installer," a person whose principal occupation is to work as an employee of or under the direction of an underground irrigation contractor in installing underground irrigation system plumbing;

(4) "Underground irrigation apprentice," a person who works as an employee of an underground irrigation contractor under the immediate and personal supervision of either an underground irrigation contractor or underground irrigation installer for the purpose of learning and assisting in installing underground irrigation system plumbing.

Source: 20 SDR 29, effective September 1, 1993.

General Authority:SDCL 36-25-14, 36-25-15.

Law Implemented:SDCL 36-25-15.

ARSD 20:53:08:02 Underground irrigation licenses

20:53:08:02. Underground irrigation licenses. Persons engaged in underground irrigation installation must have a special underground irrigation license issued by the commission. Such a license is not required of persons licensed as plumbing contractors, plumbers, or plumber apprentices under SDCL 36-25-1.

Source: 20 SDR 29, effective September 1, 1993.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-14.

ARSD 20:53:08:03 License and examination fees, Repealed

20:53:08:03. License and examination fees. Repealed.

Source: 20 SDR 29, effective September 1, 1993; 26 SDR 33, effective September 12, 1999; 29 SDR 52, effective October 20, 2002; 41 SDR 34, effective September 2, 2014; 45 SDR 91, effective January 9, 2019; 46 SDR 29, effective September 5, 2019; 51 SDR 141, effective July 2, 2025.

ARSD 20:53:08:04 Experience required for testing

20:53:08:04. Experience required for testing. An applicant for an underground irrigation installer's license must show evidence of two years of experience as an underground irrigation apprentice. An applicant for an underground irrigation contractor's license must have one year of experience as an underground irrigation installer or a combination of three years of experience as an underground irrigation apprentice or installer. An applicant must provide proof of experience by means of affidavits. The commission may investigate an applicant's experience. An applicant must show that the applicant's work complies with applicable codes. If the commission rejects the application, the matter shall be treated as a contested case.

Source: 20 SDR 29, effective September 1, 1993; 26 SDR 33, effective September 12, 1999.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-14.

Cross-References: Finality of commission decision, § 20:53:02:17; Contested case procedure, SDCLch 1-26.

ARSD 20:53:08:05 Out-of-state applicants

20:53:08:05. Out-of-state applicants. An applicant from out of state for an underground irrigation contractor's license or an underground irrigation installer's license may take the examination upon showing by affidavits that he has the same qualifications as are required of applicants from South Dakota. The commission shall provide forms for the applicant. The executive secretary shall investigate the truth of the affidavits. If the application is rejected, the matter shall be treated as a contested case.

Source: 20 SDR 29, effective September 1, 1993.

General Authority:SDCL 36-25-14.

Law Implemented:SDCL 36-25-14.

Cross-References: Finality of commission decision, § 20:53:02:17; Contested case procedure, SDCLch 1-26.

ARSD 20:53:08:06 Underground irrigation apprentice license

20:53:08:06. Underground irrigation apprentice license. To obtain an underground irrigation apprentice license, an applicant shall complete an application showing the underground irrigation contractor under whom the applicant will be working.

Source: 20 SDR 29, effective September 1, 1993; 41 SDR 34, effective September 2, 2014; 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-1(4), 36-25-18.

ARSD 20:53:08:07 Repealed

20:53:08:07. License renewal fees. Repealed.

Source: 20 SDR 29, effective September 1, 1993; 26 SDR 33, effective September 12, 1999; 29 SDR 52, effective October 20, 2002; repealed, 41 SDR 34, effective September 2, 2014.

ARSD 20:53:08:08 Examination requirements

20:53:08:08 Examination requirements. The examination for applicants desiring to become licensed under this chapter shall consist of questions which are based on the code. The applicant may use the code to answer the questions.

The questions for the underground irrigation contractor and the underground irrigation installer need not be the same. The passing grade for the underground irrigation contractor is 80 percent and the passing grade for the underground irrigation installer is 70 percent. If an underground irrigation installer receives 80 percent or above on the installer examination, the installer is not required to write the contractor examination when applying for the contractor's license, but must pay the license and examination fee for a contractor's license and must meet experience requirements for contractors in § 20:53:08:04. An applicant may sit for the exam for the same license only once every three months.

Source: 20 SDR 29, effective September 1, 1993; 41 SDR 34, effective September 2, 2014.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-14.

Cross-Reference: State plumbing code, art 20:54.

ARSD 20:53:08:09 Restricted license renewal fees, Repealed

20:53:08:09. Restricted license renewal fees. Repealed.

ARSD 20:53:08:10 Repealed

20:53:08:10. Examination for restricted underground irrigation contractors and installers. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.

Chapter 20:53:09

ARSD 20:53:09:01 Training

20:53:09:01. Training. As used in this chapter, the term training, means educational experience derived from participation in approved lectures, seminars, or courses on plumbing rules and regulations or other related areas in plumbing that have been approved by the commission, to improve the professional skills and upgrade the standards of restricted licensees for the purpose of protecting the health and welfare of the citizens of the state.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:02 Acceptable course offerings

20:53:09:02. Acceptable course offerings. The following courses meet the requirements of the training required by SDCL 36-25-17.2:

(1) Plumbing commission offered courses dealing with the plumbing code;

(2) South Dakota Association of Plumbing, Heating, Cooling Contractor offered courses dealing with the plumbing code;

(3) International Association of Plumbing and Mechanical Officials offered courses dealing with the plumbing code; and

(4) Plumbing commission pre-approved correspondence courses.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.2.

ARSD 20:53:09:03 Exceptions and extensions

20:53:09:03. Exceptions and extensions. The commission may make exceptions and grant extensions for the required training for reasons of health, military service, or other reasonable cause if adequate proof is provided to the commission. A nonresident licensee is exempt from the training requirements if the licensee meets all the plumbing licensing requirements in the state of the licensee's residence. A resident licensee is exempt from the training requirements if the licensee provides adequate proof that the licensee's license is inactive and not being used for the purpose of conducting the business of plumbing or for the purpose of performing plumbing.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:04 Attendance by staff or commission members

20:53:09:04. Attendance by staff or commission members. Any staff or member of the commission may attend and supervise any training program.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:05 Criteria for granting training course credit

20:53:09:05. Criteria for granting training course credit. The commission may grant training credit for courses, seminars, conferences, correspondence courses, or similar offerings that are provided by the commission or any public or private school, organization, association, person, corporation, society, or similar organization if the course meets the following criteria:

(1) The total instruction time is not less than eight hours;

(2) The public or private school, organization, association, person, corporation, society, or similar organization certifies the attendance of each licensee at the offering or the completion of a training course;

(3) Credit is earned on the basis of attendance, or in the case of correspondence courses, completion of the course; and

(4) The instructor of the training course meets at least one of the following qualifications:

(a) Licensed as a South Dakota journeyman plumber or plumbing contractor;

(b) Licensed mechanical engineer; or

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:06 Application for approval of instructor and course offering

20:53:09:06. Application for approval of instructor and course offering. An application for approval of the instructor and course offering must be on a form provided by the plumbing commission. The application form must include the following information and enclosures;

(1) The instructor's name, address, and telephone number;

(2) The title of the course offering;

(3) A complete description or copies of all material to be distributed to the participants;

(4) The date and exact location of each presentation of the course offering;

(5) A duration and time of course offering;

(6) A comprehensive, detailed outline of the subject matter together with the time sequence of each segment, faculty of each segment, and teaching technique used in each segment;

(7) The procedure for measuring attendance; and

(8) A description of the faculty, including name, professional education background, and practical or teaching experience. A complete résumé may be requested by the commission.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:07 Suspension, revocation, or denial of course approval

20:53:09:07. Suspension, revocation, or denial of course approval. The plumbing commission may deny, suspend, or revoke approval of a plumbing course offering if the commission determines that it is not in compliance with this chapter.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:08 Training course certificate of attendance

20:53:09:08. Training course certificate of attendance. The instructor of each course shall provide an individual certificate of attendance to each person who attends 90 percent or more of the classroom hours. A certificate of attendance may not be issued to a person who is absent more than 10 percent of the classroom hours. The certificate must contain the person's name, South Dakota restricted plumbing license number, course title, date, location of course, number of credit hours, and signature of the instructor. The person attending the course shall provide a copy of the certificate of attendance to the commission.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:09 Program changes

20:53:09:09. Program changes. An instructor shall submit any program changes to the commission for approval prior to enactment. The commission shall approve or disapprove program changes within 45 days.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:10 Sponsor to provide list of persons attending program

20:53:09:10. Sponsor to provide list of persons attending program. The instructor of a training course shall provide to the commission a written list of the persons attending within 45 days after the completion of the program.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:11 Repealed

20:53:09:11. Course fees. Repealed.

Source: 30 SDR 25, effective August 31, 2003; 47 SDR 71, effective December 14, 2020.

ARSD 20:53:09:12 Notice

20:53:09:12. Notice. At the beginning of each course offering the instructor shall read the following notice to the participants:

"This plumbing course offering is recognized by the South Dakota State Plumbing Commission as ( ) hours of credit toward fulfilling the training course requirements for restricted plumbing licensees pursuant to South Dakota law. Since it is the concern of the Plumbing Commission that licensees receive a quality education, the comments of each participant will be appreciated. If you have any comments about this plumbing course offering, your comments should be sent to the South Dakota State Plumbing Commission, 118 W. Capitol Avenue, Pierre, South Dakota 57501."

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

ARSD 20:53:09:13 Facilities

20:53:09:13. Facilities. Each course offering shall have classrooms, facilities, and personnel necessary to implement the offerings adequately.

Source: 30 SDR 25, effective August 31, 2003.

General Authority:SDCL 36-25-14, 36-25-17.1.

Law Implemented:SDCL 36-25-17.1, 36-25-17.2.

Chapter 20:53:10

ARSD 20:53:10:01 Inspection exemption

20:53:10:01. Inspection exemption. A municipality may apply for permission to enforce a present inspection system or for permission to establish a new inspection system. An application shall be filed with the commission with a copy of the proposed ordinance, bylaw, or other action to be taken by the local municipality. The local municipality shall ensure the following:

(1) Any person performing local plumbing inspections meets the qualifications required of a state plumbing inspector; and

(2) The local plumbing inspector inspects all new plumbing, excluding plumbing repair work, within the jurisdiction of the local municipality to ensure compliance with state and local plumbing codes.

The local municipality shall immediately notify the commission if the local inspection system is temporarily or permanently terminated and turn over the records for all uncompleted inspections to the commission. The commission shall then resume inspections of the area under the rules of the commission.

Source: 30 SDR 40, effective October 1, 2003.

General Authority:SDCL 36-25-19.1.

Law Implemented:SDCL 36-25-19.1, 36-25-19.2.

ARSD 20:53:10:02 Plumbing installation certificate

20:53:10:02. Plumbing installation certificate. Any person who performs plumbing work, except for plumbing repair work, shall report the work to the commission upon a plumbing installation certificate form. The form must be obtained from the commission at a cost of twenty dollars and becomes the responsibility of the certificate holder. Upon commencement of a plumbing installation that is subject to inspection pursuant to SDCL 36-25-19.1, the person responsible for the installation shall send the white original copy of the plumbing installation certificate form to the office of the commission with the appropriate fee pursuant to ARSD chapter 20:53:12 attached. An administrative late fee of one hundred dollars must be assessed to the installer for failure to file a plumbing installation certificate with the commission prior to commencing plumbing work. The installer shall retain the yellow copy. The pink copy must be provided to the owner of the premises. The green copy must be posted at the job location.

A plumbing installation certificate is non-transferable, and the fee is non-refundable.

Source: 30 SDR 40, effective October 1, 2003; 37 SDR 48, effective September 21, 2010; 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-19.1.

Law Implemented: SDCL 36-25-19.1, 36-25-19.2.

ARSD 20:53:10:03 Plumbing permit fees

20:53:10:03. Plumbing permit fees. The fee for a plumbing permit for a single-family dwelling is one hundred ten dollars. The plumbing permit fee for a multiple family, assembly, workplace, workshop, institution, hotel, motel, mercantile, business, storage, educational, factory, industrial, or other similar structures is two hundred seventy-five dollars. However, the plumbing permit fee for any commercial facility that has five or fewer plumbing fixtures is one hundred dollars. The fee for each additional inspection as provided in SDCL 36-25-19.1 is seventy-five dollars.

All plumbing permit fees are non-refundable.

Source: 30 SDR 40, effective October 1, 2003; 37 SDR 48, effective September 21, 2010; 38 SDR 40, effective September 20, 2011; 40 SDR 117, effective December 3, 2013; 41 SDR 34, effective September 2, 2014; 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-19.1.

Law Implemented: SDCL 36-25-19.1.

ARSD 20:53:10:04 Expiration of permit

20:53:10:04. Expiration of permit. A permit expires two years from the date the permittee signs and dates the permit. The permit may be extended for one year if the permittee who signed the permit requests an extension prior to the expiration of the the permit and pays one-half the amount of the original permit. A plumbing installation that is not completed prior to the expiration of the permit may not be completed without a new plumbing permit being submitted.

Source: 30 SDR 40, effective October 1, 2003; 47 SDR 71, effective December 14, 2020.

General Authority: SDCL 36-25-19.1.

Law Implemented: SDCL 36-25-19.1.

Chapter 20:53:11

ARSD 20:53:11:01 Continuing education defined

20:53:11:01. Continuing education defined. As used in this chapter, continuing education means accredited educational experience derived from participation in approved lectures, seminars, or courses on plumbing laws, rules, regulations, and practices to maintain and improve the professional skills and upgrade the standard of all plumbing licensees for the purpose of protecting the health and welfare of the citizens of the State of South Dakota.

Source: 35 SDR 67, effective October 1, 2008; 38 SDR 40, effective September 20, 2011.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:02 Acceptable course offerings

20:53:11:02. Acceptable course offerings. The commission will accept continuing education courses related to the plumbing trade with a minimum of 2 hours being code related that are offered by the following organizations:

(1) Plumbing Commission;

(2) South Dakota Association of Plumbing, Heating, Cooling Contractors;

(3) International Association of Plumbing and Mechanical Officials;

(4) National Association of Plumbing, Heating, Cooling Contractors;

(5) South Dakota Rural Water Association;

(6) A continuing education course offered in another state may be accepted if the course meets or exceeds the requirements of South Dakota; and

(7) A preapproved private organization.

Source: 35 SDR 67, effective October 1, 2008; 38 SDR 40, effective September 20, 2011.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:03 Required of all licensees

20:53:11:03. Required of all licensees. Any plumbing contractor, restricted plumbing contractor, plumber, restricted plumber or third year apprentice plumber licensed by examination shall complete the continuing education requirements.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:04 Exceptions and extensions

20:53:11:04. Exceptions and extensions. The commission may make exceptions and grant extensions for continuing education for reasons of health, military service, or other reasonable cause if adequate proof is provided to the commission.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:05 Hours required

20:53:11:05. Hours required. Each licensee shall provide proof of successfully completing a minimum of four hours of continuing education each calendar year for license renewal.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:06 Hour defined

20:53:11:06. Hour defined. An hour of continuing education means at least 50 minutes of classroom time.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:07 Licensees to keep own records

20:53:11:07. Licensees to keep own records. Each licensee shall maintain his or her records of continuing education hours and present such records with the application for renewal.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:08 Attendance by staff or commission members

20:53:11:08. Attendance by staff or commission members. Any staff or member of the plumbing commission may attend and supervise any continuing education programs.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:09 Criteria for granting continuing education course credit

20:53:11:09. Criteria for granting continuing education course credit. The commission may grant continuing education credit for courses, seminars, conferences, or similar offerings that are provided by the commission, a public or private school, organization, association, person, corporation, society, or similar organization if the course meets the following criteria:

(1) The public or private school, organization, association, person, corporation, society, or similar organization certifies the attendance of each licensee at the offering; and

(2) Credit is earned on the basis of attendance and completion of the course.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:10 Suspension, revocation, or denial of course approval

20:53:11:10. Suspension, revocation, or denial of course approval. The plumbing commission may deny, suspend or revoke approval of a plumbing course offering if the commission determines that it is not related to the plumbing trade with a minimum of 2 hours being code related.

Source: 35 SDR 67, effective October 1, 2008; 38 SDR 40, effective September 20, 2011.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:11 Continuing education certificate of attendance

20:53:11:11. Continuing education certificate of attendance. The coordinator or instructor of each course shall provide an individual certificate of attendance to each person who attends 90 percent or more of the classroom hours. A certificate of attendance may not be issued to a person who is absent more than 10 percent of the classroom hours. The certificate must contain the person's name, course title, date, location of course, number of classroom hours, and signature of the coordinator or instructor.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:12 Sponsor defined

20:53:11:12. Sponsor defined. A sponsor is any person, school, association, or corporation who develops a continuing education program related to the plumbing trade with a minimum of 2 hours being code related.

Source: 35 SDR 67, effective October 1, 2008; 38 SDR 40, effective September 20, 2011.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:13 Program changes

20:53:11:13. Program changes. Any program change shall be submitted to the plumbing commission. The plumbing commission shall approve or disapprove program changes within 90 days.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

ARSD 20:53:11:14 Sponsor to provide list of persons attending program

20:53:11:14. Sponsor to provide list of persons attending program. The sponsor of a continuing education program shall provide a certificate of completion to the attendee within forty-five days after completion of the program.

Source: 35 SDR 67, effective October 1, 2008.

General Authority: SDCL 36-25-14.

Law Implemented: SDCL 36-25-32.

Chapter 20:53:12

ARSD 20:53:12:01 Initial application fees

20:53:12:01. Initial application fees. The initial license application fee is as follows:

(1) For an apprentice license, twenty dollars;

(2) For an installer and plumber license, fifty dollars; and

(3) For a contractor license, fifty dollars.

An application fee is non-refundable and must accompany the application.

Source: 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-19, 36-25-24.

Law Implemented: SDCL 36-25-19. 36-25-24.

ARSD 20:53:12:02 Examination and reexamination fees

20:53:12:02. Examination and reexamination fees. The initial examination and reexamination fee is as follows

(1) For a plumber license, one hundred dollars;

(2) For an installer license, one hundred dollars;

(3) For a contractor license, one hundred dollars; and

(4) For a third-year apprentice plumber licensed by examination, fifty dollars.

The initial examination and reexamination fee must be submitted to the commission prior to the examination or reexamination.

Initial examination and reexamination fees are non-refundable.

Source: 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-19, 36-25-24.

Law Implemented: SDCL 36-25-19, 36-25-24.

ARSD 20:53:12:03 License and renewal of license fees

20:53:12:03. License and renewal fees. The initial license fee and annual license renewal fee for each license is as follows:

(1) For an apprentice license, twenty dollars for the first year, thirty dollars for the second year, forty dollars for the third year, and fifty dollars for four or more years;

(2) For a plumber or installer license, one hundred five dollars;

(3) For an appliance contractor, manufactured and mobile home contractor, underground irrigation contractor, or water conditioning contractor license, two hundred dollars;

(4) For a sewer and water contractor license, two hundred thirty-five dollars; and

(5) For a plumbing contractor license, two hundred seventy-five dollars.

A license is not transferable.

A license renewal application, along with the appropriate renewal fee, must be submitted to the commission for all licenses issued pursuant to SDCL chapter 36-25. Any licensee continuing to perform or offering to perform services licensed under SDCL chapter 36-25, sixty days or more after license expiration is subject to disciplinary proceedings.

A temporary license may be issued only and expires three months from the date of issuance or when the license holder passes the examination required by SCL 36-25 and article 20-53, which occurs first. A temporary license fee is fifty dollars.

A license duplicate fee or replacement fee is ten dollars.

License and renewal license fees must be submitted to the commission prior to the issuance of the license. All fees are non-refundable.

Source: 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-19, 36-25-24.

Law Implemented: SDCL 36-25-19, 36-25-24, 36-25-27.

Cross-Reference: Chapter 74:53:01.

ARSD 20:53:12:04 License verification fees

20:53:12:04. License verification fee. The license verification fee is twenty dollars per request. A license verification request must be submitted to the commission prior to the issuance of the verification.

License verification fees are non-refundable.

Source: 51 SDR 141, effective July 2, 2025.

General Authority: SDCL 36-25-19.

Law Implemented: SDCL 36-25-19.