N.D. Admin. Code Title 90 — State Board of Water Well Contractors

Article 90-01 General Administration

Chapter 90-01-01 Board Organization [Repealed]

N.D. Admin. Code 90-01-01 Board Organization [Repealed]

ARTICLE 90-01

GENERAL ADMINISTRATION

Chapter 90-01-01Board Organization [Repealed] 90-01-02Definitions 90-01-03Continuing Education

CHAPTER 90-01-01

BOARD ORGANIZATION [Repealed effective April 1, 2026]

Chapter 90-01-02 Definitions

N.D. Admin. Code 90-01-02-01 Definitions

Unless the context otherwise requires, the following definitions apply to this article:

1."Continuing education" means accredited educational experience derived from participation in approved lectures, seminars, or correspondence courses.

2."Department" is defined in North Dakota Century Code section 61-03-01.2.

3."Hour" means a minimum of fifty continuing education instruction minutes.

4."In charge" means a licenseholder has actual supervisory power over the work and makes onsite work and progress inspections.

5."Licenseholder" means a licensed water well contractor, pump and pitless unit installer, geothermal system installer, or monitoring well contractor.

6."One-year apprenticeship or experience" means twelve months of full-time employment in constructing water wells or monitoring wells or installing pump and pitless units or geothermal systems under the direct supervision of a licenseholder in the same area of expertise as they are acquiring experience.

7."Wells" is defined in section 33.1-18-01-02.

History

• History: Effective March 1, 1984; amended effective October 1, 2024; April 1, 2026.
• General Authority: NDCC 61-03-13
• Law Implemented: NDCC 61-03-01.3

Chapter 90-01-03 Continuing Education

N.D. Admin. Code 90-01-03-01 Continuing education - Defined

Repealed effective October 1, 2024.

N.D. Admin. Code 90-01-03-02 Coursework

Coursework may be provided by:

1.The national ground water association;

2.The North Dakota well drillers association;

3.The department of environmental quality;

4.The department of water resources; or

5.Any department-approved course provider.

History

• History: Effective May 1, 2002; amended effective October 1, 2024, April 1, 2026.

N.D. Admin. Code 90-01-03-03 Preapproval by department

A continuing education course must be preapproved by the department unless otherwise provided by law.

History

• History: Effective May 1, 2002; amended effective October 1, 2024;April 1, 2026.

N.D. Admin. Code 90-01-03-04 Request preapproval

The continuing education course provider or licenseholder shall request continuing education coursework preapproval by submitting to the department a course outline; the instructor's name; the training duration; and an explanation of how the training relates to water well, pump and pitless unit, geothermal system, or monitoring well construction or service.

History

• History: Effective May 1, 2002; amended effective October 1, 2024; April 1, 2026.

N.D. Admin. Code 90-01-03-05 Request approval after course

A licenseholder may request continuing education approval that was not preapproved by submitting to the department attendance verification; a course outline; the instructor's name; the training duration; an explanation of how the training relates to water well, pump and pitless unit, geothermal system, or monitoring well construction or service; and an explanation of why preapproval was not obtained. The department shall determine on a case-by-case basis whether to approve continuing education that was not preapproved.

History

• History: Effective May 1, 2002; amended effective October 1, 2024; April 1, 2026.

N.D. Admin. Code 90-01-03-06 Hours

Each licenseholder shall earn department-approved continuing education hours every two-year reporting cycle to qualify for license renewal. A water well contractor, geothermal system installer, or monitoring well contractor shall earn at least six hours and a pump and pitless unit installer shall earn at least two hours of department-approved continuing education every reporting cycle. A new licenseholder shall earn the department-approved continuing education credits during the two years following the initial year of licensure. An hour may not be used for more than one reporting period.

History

• History: Effective May 1, 2002; amended effective October 1, 2024; April 1, 2026.

N.D. Admin. Code 90-01-03-07 Hour defined

Repealed effective October 1, 2024.

N.D. Admin. Code 90-01-03-08 Noncompliance

A licenseholder who fails to complete the required department-approved continuing education hours during the reporting period is not eligible for license renewal. The individual may complete the required hours by March thirty-first of the following year and be eligible for license renewal. After March thirty-first, the licenseholder shall reapply and pass the examination required to initially obtain a license.

History

• History: Effective May 1, 2002; amended effective October 1, 2024; April 1, 2026.

Article 90-02 Operations

Chapter 90-02-01 Examination

N.D. Admin. Code 90-02-01-01 Examination preparation

The department shall arrange for an examination to be prepared for. If the department finds the proposed examination fairly tests the skills and knowledge needed to be a licenseholder, it shall approve such examination and order its use. The examination may be modified from time to time at the department's discretion.

N.D. Admin. Code 90-02-01-02 Supervision and correction

The examination must be given, supervised, and corrected by a department-appointed representative. 90-02-01-02.1. Examination - When held - Notice.

The department shall administer an examination to persons desiring to become licensed as licenseholders or geothermal system drillers. The department shall give no less than ten days' written notice to each applicant of the time and place of such examination. The department shall develop separate examinations for the licensure of water well contractors, water well pump and pitless unit installers, monitoring well contractors, and geothermal system drillers.

History

• History: Effective October 1, 2024; April 1, 2026.

N.D. Admin. Code 90-02-01-03 Examination dates

The examination to become a licenseholder must be given four times each year, during February, May, August, and November. The exact date must be announced at least thirty days before the examination.

N.D. Admin. Code 90-02-01-04 Examination location

The examination must be given in the office of the department or in Bismarck, North Dakota.

N.D. Admin. Code 90-02-01-05 Examination procedure

An applicant may spend up to four hours writing the examination. No books, charts, tables, notes, or other guidance may be used. A minimum score of seventy percent is required to pass the examination.

History

• History: Amended effective October 1, 2024; April 1, 2026.

N.D. Admin. Code 90-02-01-06 Waiting period

A person that fails to pass the examination may not take the examination for a period of one year immediately following the failure.

History

• History: Amended effective October 1, 2024; April 1, 2026.

Chapter 90-02-02 Licensure

N.D. Admin. Code 90-02-02-01 Licensure - How obtained

The department shall furnish licenses and decals to qualified applicants who have passed the examination upon receipt of a department-approved application and submission of the proper fee and bond. 90-02-02-01.1. Purpose of certification. 90-02-02-01.2. License - How obtained - Fee - Bond.

1.A person that takes the examination to become a licensed water well contractor first shall complete a minimum of one-year apprenticeship or experience in water well drilling and construction under the direct supervision of a licensed water well contractor or have completed a career and technical education program of at least one year in water well construction and shall make application to the department.

2.A person that takes the examination to become a licensed water well pump and pitless unit installer first shall complete a minimum of one-year apprenticeship or experience in water well pump and pitless unit installation under the direct supervision of a licensed water well pump and pitless unit installer or have completed a career and technical education program of at least one year in water well pump and pitless unit installation.

3.A person that takes the examination to become a licensed monitoring well contractor first shall complete a minimum of one-year apprenticeship or experience in monitoring well construction under the direct supervision of a licensed water well contractor or a licensed monitoring well contractor or have completed a career and technical education program of at least one year in water well construction or hold a bachelor's degree in engineering or geology from an approved school and shall make application to the department.

4.A person that takes the examination to become a licensed geothermal system driller first shall complete a minimum of one year of apprenticeship under the direct supervision of a licensed geothermal system driller or have a minimum of two thousand forty installation hours of experience in geothermal system drilling working under the direct supervision of a licensed geothermal system driller or, first shall complete career and technical education relating to geothermal system drilling lasting at least one school year.

5.A person applying to take a licensure examination shall pay to the department treasurer a nonrefundable examination fee in the amount of one hundred dollars. If upon examination the applicant is found to be qualified as a water well contractor, a water well pump and pitless unit installer, a monitoring well contractor, or a geothermal system driller, the department shall issue to that person an appropriate license upon the applicant's executing and filing with the department a bond as required in this chapter. The department may offer a combined examination for licensure of a person as a water well contractor and a water well pump and pitless unit installer and may issue a single license for successful completion of the combined examination. Licenses issued under this chapter are not transferable. 90-02-02-01.3. Bond required.

Before receiving a license under North Dakota Century Code chapter 61-03, a qualified applicant shall execute and deposit with the department a surety bond conditioned for the faithful performance of all water well, monitoring well, pump and pitless unit, or geothermal system installation contracts undertaken by the applicant and the strict compliance with North Dakota Century Code chapter 61-03.

The required amount of a surety bond is fifteen thousand dollars for a water well contractor and is two thousand dollars for a monitoring well, pump and pitless unit, or geothermal system installation contractor.

N.D. Admin. Code 90-02-02-02 Qualified applicants - How determined - Initial licensure

The department shall approve a party's licensure application if an applicant has complied with sections 90-02-02-01.2 and 90-02-02-01.3. Upon department approval, the applicant must be regarded as qualified and must be issued the proper license and decals.

The one-year apprenticeship or experience required by section 90-02-02-01.2 must have occurred during the three years immediately preceding the application date. Suitable vocational training may substitute for the one-year apprenticeship or experience requirement with department approval and at the department's sole discretion. If the experience was obtained in another state under a nonlicenseholder water well contractor, pump and pitless unit installer, geothermal system installer, or monitoring well contractor, the department may approve equivalent experience if the department is satisfied in its sole discretion that the experience was equivalent to working under the direct supervision of a licenseholder in North Dakota.

An applicant who passes the examination shall complete the other licensure requirements within six months of examination result notification or the examination score must be nullified and the applicant shall be required to initiate a new application and be reexamined to obtain a license.

Conviction of an offense does not disqualify a person from licensure under this chapter unless the department determines the offense has a direct bearing upon a person's ability to serve the public as a licenseholder, or following the conviction of any offense, the person is not sufficiently rehabilitated under North Dakota Century Code section 12.1-33-02.1. 90-02-02-02.4. Renewal of license - Continuing education.

1.A license issued under North Dakota Century Code chapter 61-03 is valid for up to one year and expires on the thirty-first day of December in the year of issuance. To renew a license, a licenseholder shall submit to the department a completed renewal application. The completed renewal application must be:

a.Submitted to the department before April first in the year following the expiration of the license;

b.Accompanied by a fee in an amount set by the department not to exceed two hundred dollars;

c.Accompanied by any continuing education reporting information required under this

section; and

d.Accompanied by a bond as provided in section 90-02-02-01.3.

2.Except as provided under subsection 3, every two years the renewal application must include reporting information verifying the applicant completed six hours of department-approved continuing education during the two-year reporting cycle.

3.A renewal application for licensure as a water well pump and pitless unit installer must include reporting information verifying the applicant completed two hours of department-approved continuing education during the two-year reporting cycle.

History

• History: Amended effective May 1, 2002; October 1, 2024; April 1, 2026. 90-02-02-02.1. One-year apprenticeship or experience requirements.
• History: Effective March 1, 1984; amended effective May 1, 2002; October 1, 2024; April 1, 2026. 90-02-02-02.2. Licensure by examination - Time limit.
• History: Effective March 1, 1984; amended effective October 1, 2024; April 1, 2026. 90-02-02-02.3. Conviction not bar to licensure - Exceptions.

N.D. Admin. Code 90-02-02-03 Qualified applicants - How determined - Renewal

A licenseholder must be issued a renewal upon the receipt of a department-approved renewal application and submission of the proper fee and bond.

N.D. Admin. Code 90-02-02-04 Renewal application - Time limit

If a renewal application has not been received before April first following expiration of the license, the previous license is no longer eligible for renewal.

N.D. Admin. Code 90-02-02-05 Willful violation - Penalty

N.D. Admin. Code 90-02-02-06 Expiration of grandfather clause

N.D. Admin. Code 90-02-02-07 Certification by reciprocity - How obtained

Chapter 90-02-03 Reporting and Operations

N.D. Admin. Code 90-02-03-01 Completion reports required to be filed

The department shall develop and supply well completion reporting forms as required by North Dakota Century Code section 61-03-27.

History

• History: Amended effective October 1, 2024; April 1, 2026.
• Law Implemented: NDCC 61-03-27

N.D. Admin. Code 90-02-03-02 Filing reports

The department shall maintain a systematic file of well completion reporting forms.

History

• History: Amended effective October 1, 2024; April 1, 2026.
• Law Implemented: NDCC 61-03-27

N.D. Admin. Code 90-02-03-03 In charge - Definition

Repealed effective October 1, 2024.

N.D. Admin. Code 90-02-03-04 Decal required

Any water well equipment, pump and pitless unit equipment, geothermal equipment, or monitoring well equipment operating in North Dakota must prominently display a decal on the primary equipment that is under the charge of a licenseholder. Before beginning any water well equipment, pump and pitless unit equipment, geothermal equipment, or monitoring well equipment operation, the licenseholder in charge shall secure a decal from the department and place it on the primary equipment.

History

• History: Amended effective May 1, 2002; October 1, 2024; April 1, 2026.
• Law Implemented: NDCC 61-03-01.3

Chapter 90-02-04 Action before Board [Repealed]

N.D. Admin. Code 90-02-04 Action before Board [Repealed]

CHAPTER 90-02-04

ACTION BEFORE BOARD [Repealed effective October 1, 2024]