ARSD Article 20:44 — ELECTRICIANS

LABOR AND REGULATION LABOR AND REGULATION

Chapter 20:44:10 Mobile homes, Repealed

ARSD 20:44:10 Repealed chapter

CHAPTER 20:44:10

MOBILE HOMES

(Repealed. 5 SDR 1, effective July 20, 1978)

Chapter 20:44:14 Definitions

ARSD 20:44:14:01 General definitions

Terms defined in SDCL 36-16-2 have the same meaning as in this article. Terms used in this article mean:

(1) "Commission," the State Electrical Commission;

(2) "Correction order," a notice written by an inspector to the person responsible for the electrical installation, listing the violations of this article and stating the time allowed for correction;

(3) "Electrical lineman," a person with a minimum of four years of experience with electrical power distribution systems;

(4) "Electrical school," as referred to in SDCL 36-16-2, a four-year educational institution that grants a Bachelor of Science degree in electrical engineering and is accredited by a nationally recognized accreditation agency;

(5) "Electrical wiring apprenticeship program," a classroom program supplemented by a minimum of one hundred forty-four hours per year of electrical wiring instruction in conjunction with the normal two thousand hours per year of actual electrical wiring on-the-job work experience of an apprentice electrician;

(6) "Final subject," the act of closing out a non-compliant residential installation after all inspections have been performed and the residence owner of the installation acknowledges acceptance of the report of non-compliance;

(7) "Final void," the act of closing out a non-compliant installation prior to the full inspection being completed;

(8) "License," a credential issued to a person who qualifies under one of the classes defined in SDCL 36-16-2 or is granted reciprocity from another state;

(9) "Local inspection system," a municipal government or power supplier that has complied with commission requirements and which provides local electrical inspections under the rules and direction of the commission and SDCL chapter 36-16;

(10) "Modular home" or "modular structure," a home or other structure that:

(a) Is built on a factory assembly line or other construction site to International Building Code, 2021 Edition, specifications;

(b) Is transported to its destination in sections or as a complete assembly;

(c) Has no permanent steel chassis attached; and

(d) Is not a manufactured home as defined in SDCL 32-7A-1 or a recreational vehicle;

(11) "National Electrical Code," the code published by the National Fire Protection Association (2023 edition, including tentative interim amendments 23-1 through 23-15) with the following exceptions:

(a) Section 210.8(F);

(b) Article 100 – definitions - remove the term "machinery" from the definition of "equipment";

(c) Properly labeled recreational vehicle (RV) receptacles other than 125-volt, single-phase, fifteen- and twenty- ampere receptacles are exempt from ground-fault circuit interrupter (GFCI) requirements in section 210.8(A);

(d) Eliminate the GFCI and arc-fault circuit interrupter (AFCI) requirement for life support equipment and like or similar equipment as determined by the authority having jurisdiction;

(e) Clarify section 334.10. Uses permitted. Type NM, Type NMC, and Type NMS cables may be used in the following structures:

(i) One- and two-family dwellings and accessory structures;

(ii) Multifamily dwellings, farmsteads, and accessory structures of Types III, IV, and V construction, except as prohibited in section 334.12; and

(iii) Other structures permitted to be of Types III, IV, and V construction except as prohibited in section 334.12. Cables must be concealed within walls, floors, or ceilings that provide a thermal barrier of material that has at least a fifteen-minute thermal finish rating as identified in listing of fire-rated assemblies; and

(f) Any outlet in a dwelling unit supplying a specific appliance in section 210.8(D)(8) through (12) is exempt from GFCI requirements;

(12) "Owner's exemption," an exemption from licensure as described in SDCL 36-16-15;

(13) "Wiring permit," a form notifying the commission that a described electrical installation will be made in accordance with the requirements of this article at a described location; and

(14) "Wiring school," a postsecondary school that teaches one or more courses in electrical wiring covering the topics listed in § 20:44:16:12 and includes at least five hundred seventy-six hours of instruction on those topics.

References: The National Electrical Code, 2023 Edition. National Fire Protection Association, Inc., 1 Batterymarch Park, Quincy, MA 02169-7471. Cost: $145.50. (Price subject to change). Available for no cost at https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/Free-access

International Building Code, 2021 Edition, pages numbered numerically, International Code Council. Copies may be obtained from the International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5771. Cost: $192. Available for no cost at https://codes.iccsafe.org/content/IBC2021P2

History

• Source: SL 1975, ch 16, § 1; 4 SDR 37, effective January 1, 1978; 5 SDR 1, effective July 20, 1978; 7 SDR 60, effective January 1, 1981; 10 SDR 62, effective January 1, 1984; 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 75, 13 SDR 95, effective January 1, 1987; 16 SDR 153, effective March 29, 1990; 19 SDR 155, effective April 14, 1993; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:01:01, August 12, 1994; 23 SDR 2, effective July 16, 1996; 25 SDR 157, effective July 1, 1999; 28 SDR 83, effective December 19, 2001; 28 SDR 178, effective July 1, 2002; 32 SDR 37, effective September 1, 2005; 34 SDR 322, effective July 1, 2008; 35 SDR 305, effective July 1, 2009; 37 SDR 236, effective June 29, 2011; 40 SDR 198, effective May 28, 2014; 43 SDR 181, effective July 10, 2017; 46 SDR 128, effective May 26, 2020; 46 SDR 146, effective June 30, 2020; 51 SDR 54, effective November 12, 2024.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-1.

ARSD 20:44:14:01.01 Electrical installations

The commission recognizes the following types of installations:

(1) "Commercial," an installation intended for commerce excluding residential or farmstead installations;

(2) "Farmstead," an installation utilized by an agricultural producer on a piece of land classified as agricultural land pursuant to SDCL 10-6-31.3;

(3) "Residential," an installation intended for a single-family dwelling.

History

• Source: 37 SDR 236, effective June 29, 2011.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:14:01.02 Licensee experience

A licensee gains experience when employed and supervised by an electrical contractor or a Class B electrician. A licensee is deemed to be employed when the licensee is on the electrical contractor's or Class B electrician's payroll or hired for a fee to complete duties as assigned while utilizing the electrical contractor's or Class B electrician's liability insurance, undertaking fund, and bond. For the purposes of this section, supervise means the oversight, directing, or review of an employee while engaged in an installation.

History

• Source: 37 SDR 236, effective June 29, 2011.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

Chapter 20:44:15 General administration

ARSD 20:44:15:01 Duties of president

The president of the commission shall preside at all meetings and shall perform other duties as the commission directs. In the absence of the president, the commission shall select from its members present a person to be designated as acting president who shall perform the duties of the president at the meeting.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:02:01, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-7.

ARSD 20:44:15:02 Duties of secretary/treasurer

The secretary/treasurer is in charge of the funds and shall keep a record of the business and transactions of the commission, minutes of all regular and special meetings of the commission, and a record of all resolutions and motions proposed and passed by the commission as well as all rules promulgated and adopted by the commission. The secretary/treasurer shall also keep records of all applications for licensure and accompanying papers and information, a complete and permanent record of the licenses issued and of fees paid, and a complete file of all general and special correspondence dealing with business of the commission.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; treasurer's duties transferred from § 20:44:02:02, 20 SDR 222, effective July 6, 1994; transferred from § 20:44:02:03, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-7.

ARSD 20:44:15:03 Repealed

Agency action on request. Repealed.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:02:05, August 12, 1994; 48 SDR 23, effective September 15, 2021.

ARSD 20:44:15:04 Repealed

Petition for declaratory ruling. Repealed.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:02:06, August 12, 1994; 48 SDR 23, effective September 15, 2021.

ARSD 20:44:15:05 Repealed

Commission action on petition. Repealed.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:02:07, August 12, 1994; 48 SDR 23, effective September 15, 2021.

ARSD 20:44:15:06 Repealed

Commission meetings on petition for new rules. Repealed.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:02:08, August 12, 1994; 48 SDR 23, effective September 15, 2021.

Chapter 20:44:16 Qualifications and licenses

ARSD 20:44:16:01 Application for wiring license

An applicant for an examination for a wiring license shall apply to the commission for the license desired on forms obtained at the commission office or from a state electrical inspector. The applicant must fill out this form listing the following:

(1) Full name;

(2) Social security number;

(3) Complete residence address;

(4) Place of birth by city and state;

(5) Name and full address of present employer;

(6) Employer's state license number;

(7) Type of electrician applicant is now employed as;

(8) Applicant's license history;

(9) Previous electrical employment record;

(10) All other previous employment;

(11) School record; and

(12) References.

The applicant must sign the form. The commission may contact the applicant's employer and personal references to verify experience. If the application is approved by the commission, the commission shall notify the applicant of the time and place designated by the commission for the examination. The applicant must take the examination within 90 days after notice of approval or forfeit the approval and the examination application fee.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:00, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-13.

ARSD 20:44:16:02 Form for undertaking

An applicant for an electrical contractor's or Class B electrician's license may obtain the undertaking form required by SDCL 36-16-20 at the commission office. The applicant shall fill out the form listing the applicant's full name, the city, the state, the name of the contracting firm (if applicable), and the date. The applicant must sign the undertaking form in the presence of a notary public.

The applicant must file the undertaking form and the required $50 deposit with the commission office prior to the issuance of the license.

History

• Source: 13 SDR 164, effective May 10, 1987; transferred from § 20:44:03:00.01, August 12, 1994.
• General Authority: SDCL 36-16-20.
• Law Implemented: SDCL 36-16-20.

ARSD 20:44:16:03 Examination for wiring license

The examination for a wiring license shall consist of written questions, composed and approved by the commission. The questions or problems, or both, shall be derived from the National Electrical Code and from state statutes and rules.

The commission shall issue licenses to applicants who pass the examination for a license. The license issuance process must be completed by the applicant within 90 days after notification of passing the examination or the examination is forfeited. The passing score for an electrical contractor, Class B electrician, journeyman, or 501(d) electrician is 70 percent and the passing score for an electrical inspector is 80 percent. The commission shall notify applicants who receive failing grades that they are eligible to be reexamined in 30 days. An applicant who fails a reexamination must wait 90 days before being examined again.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:01, August 12, 1994; 35 SDR 305, effective July 1, 2009.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-13.

ARSD 20:44:16:04 Application fees

Application fees are as follows:

(1) Electrical contractor: $60;

(2) Class B electrician: $60;

(3) Journeyman electrician: $60;

(4) Electrical inspector: $60;

(5) Inactive electrical contractor: $60;

(6) Inactive Class B electrician: $60;

(7) Inactive journeyman electrician: $60;

(8) 501(d) electrician: $60; and

(9) Inactive 501(d) electrician: $60.

The application fee, whether the application is approved or disapproved, is nonrefundable. The fee must accompany the application.

History

• Source: 2 SDR 89, effective July 2, 1976; 5 SDR 1, effective July 20, 1978; 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 41, effective October 16, 1986; 16 SDR 153, effective March 29, 1990; 18 SDR 83, effective November 10, 1991; transferred from § 20:44:03:02, August 12, 1994; 35 SDR 305, effective July 1, 2009; 37 SDR 236, effective June 29, 2011; 48 SDR 23, effective September 15, 2021.
• General Authority: SDCL 36-16-13.
• Law Implemented: SDCL 36-16-13, 36-16-13.3.

ARSD 20:44:16:05 Supervision of an apprentice electrician

While working on commercial sites or projects, apprentice electricians must be personally supervised on site by an electrician holding a license issued under one of the classes set forth under SDCL 36-16-2(3), (5), or (7) on 501(d) properties. While working on other than commercial projects, the apprentice must be provided with daily personal supervision by an electrician holding a license issued under one of the classes set forth under SDCL 36-16-2(2), (3), (5), or (7) on 501(d) properties.

History

• Source: 2 SDR 89, effective July 2, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:03, August 12, 1994; 35 SDR 305, effective July 1, 2009; 37 SDR 236, effective June 29, 2011.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-2(1), 36-16-21.

ARSD 20:44:16:06 Experience time

One year of experience is 2,000 hours.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from §20:44:03:04.01, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-2, 36-16-13, 36-16-19, 36-16-22.

ARSD 20:44:16:07 Repealed

Experience for Class B electrician.** Repealed.

History

• Source: 2 SDR 89, effective July 2, 1976; 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:05, August 12, 1994; repealed, 37 SDR 236, effective June 29, 2011.

ARSD 20:44:16:08 Electrical experience for advancement

In addition to passing the examination for an advanced license, electrical experience required for advancement to a different level of license is as follows:

(1) Apprentice electrician to journeyman - At least four years of licensed electrical experience under the employment and supervision of a licensed electrical contractor or Class B electrician. Experience, by on-the-job employment or postsecondary schooling, or both, must include familiarization and study of the National Electrical Code , commercial wiring, residential or farmstead wiring, or both, electrical motor installation, electrical motor controls, and blueprint reading;

(2) Journeyman electrician to Class B electrician - At least two years of licensed journeyman electrical experience under the employment and supervision of a licensed electrical contractor or Class B electrician of which at least one year of that experience must be in residential or farmstead wiring, or both. Experience, by on-the-job employment or postsecondary schooling, or both, must include familiarization and study of the National Electrical Code , residential or farmstead wiring, or both, electrical motor installation, electrical motor controls, and blueprint reading;

(3) Journeyman electrician to electrical contractor or electrical inspector - At least two years of licensed electrical journeyman experience under the employment and supervision of an electrical contractor, of which at least one year is required in commercial wiring. Additional experience must include technical knowledge to plan, lay out, and supervise the installation of electrical light, heat, and power in accordance with the National Electrical Code ;

(4) Electrical contractor to electrical inspector - No additional experience required;

(5) Class B electrician to electrical contractor - At least one year of electrical Class B experience in commercial wiring under the employment and supervision of a licensed electrical contractor;

(6) Apprentice electrician to 501(d) electrician - At least two years of licensed electrical experience under the supervision of a licensed electrical contractor, 501(d) electrician or Class B electrician. On-the-job experience or postsecondary schooling, or both, must include familiarization and study of the National Electrical Code , commercial wiring, residential or farmstead wiring, or both, electrical motor installation, electrical motor controls, and blueprint reading;

(7) 501(d) electrician to journeyman - At least four years of licensed electrical experience under the supervision of a licensed electrical contractor or Class B electrician. On-the-job experience or postsecondary schooling, or both, must include familiarization and study of the National Electrical Code , commercial wiring, residential or farmstead wiring, or both, electrical motor installation, electrical motor controls, and blueprint reading.

The electrician shall list the experience according to the type of work and the length of experience on a form provided by the commission. The commission shall verify the experience.

For the purposes of this section a person is considered licensed when employed for the purpose of completing electrical work by the federal government.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 75, 13 SDR 95, effective January 1, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:06, August 12, 1994; 35 SDR 305, effective July 1, 2009; 37 SDR 236, effective June 29, 2011; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-13, 36-16-14.

ARSD 20:44:16:09 Units of time allowed for schooling or other experience

The following units of time are allowed toward an electrical wiring license in lieu of the experience required by § 20:44:16:08:

(1) One month of credit for each month of schooling completed with a passing grade from a wiring school as described in § 20:44:16:12. A valid school transcript is required;

(2) Two years of credit for bachelor of science degree in electrical engineering (BSEE). A valid school transcript is required;

(3) A maximum of one year of credit for at least four years of verified experience as an electrical lineman as described in § 20:44:16:13;

(4) Two hours of credit for each verified hour of classroom instruction in an electrical wiring apprenticeship program as described in § 20:44:16:14;

(5) One year of credit for military experience in the electrical wiring field of at least 24 months of verified time.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:07, August 12, 1994; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-13, 36-16-22.

ARSD 20:44:16:10 Apprentice electrician's experience

An apprentice electrician's experience while employed in South Dakota starts on the date the application is received in the State Electrical Commission office. Type of work and length of experience claimed must be listed on forms provided by the commission and must be verified by the commission.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:03:08, August 12, 1994; 23 SDR 179, effective April 28, 1997.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-13.

ARSD 20:44:16:11 Biennial reciprocity fee

The reciprocity fee for a biennial license is as follows:

(1) Electrical contractor: $200; and

(2) Journeyman electrician: $80.

The reciprocity license fee, whether the application is approved or disapproved, is nonrefundable. The fee must accompany the application.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 41, effective October 16, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:09, August 12, 1994; 48 SDR 23, effective September 15, 2021.
• General Authority: SDCL 36-16-17.
• Law Implemented: SDCL 36-16-17, 36-16-23.

ARSD 20:44:16:12 Wiring school

The courses offered in an electrical wiring school shall consist of the following:

(1) Electrical fundamentals;

(2) Electrical mathematics;

(3) Electrical drawing;

(4) Basic electrical laboratories;

(5) Wiring fundamentals;

(6) Residential, commercial, and industrial blueprint reading;

(7) Wiring laboratories;

(8) Appliance and refrigeration wiring;

(9) Power distribution;

(10) Control fundamentals;

(11) Control laboratories;

(12) Motor fundamentals and maintenance;

(13) Motor laboratories;

(14) Electrical heating;

(15) Planning and estimating;

(16) Industrial relations;

(17) First aid; and

(18) Transformer fundamentals.

The substantial equivalent of these courses is acceptable.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:10, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-22.

ARSD 20:44:16:13 Electrical lineman

An electrical lineman shall have experience in the following:

(1) Kinds, classes, treatment, installation, removal, anchoring, and guying of poles and towers;

(2) Use of line hardware and equipment such as bolts, pins, storage, stresses, deadends, and safety factors;

(3) Overhead conductors such as wire type, size, carrying capacity, stringing, sagging, hot and cold construction, stresses, storage, handling, sleeving, and safety factors;

(4) Identification, use, care, storage, repairs, and maintenance of electrical tools and equipment such as hoists, chain saws, ropes, blocks, lines, and pikes;

(5) Transformer types, connections, installation, maintenance, fusing, voltages, capacities, temperature ratings, oil, and filtering;

(6) Circuit voltage, fault current, and recloser or oil circuit breakers;

(7) Testing, connecting, repairing, and field checking of metering installations;

(8) Hazards and safety procedures involved in the operation of electrical systems;

(9) Underground systems design including installation of cable and terminations and installation of related equipment;

(10) Proper use of trucks, pickups, compressors, augers, and winches and knowledge of traffic regulations;

(11) Trouble shooting on line patrols, periodic inspections, night work, storms, and lights;

(12) Record keeping such as staking sheets, material lists, inventory and costs;

(13) First aid, prone and pole-top resuscitation, use of protective equipment, use and care of proper tools, and other personal safety precautions.

The substantial equivalent of these areas is acceptable.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:03:11, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-22.

ARSD 20:44:16:14 Electrical wiring apprenticeship program

Instructions for the electrical wiring apprenticeship program shall consist of the following:

(1) Basic electrical mathematics;

(2) Safety and first aid;

(3) Care and use of hand tools;

(4) Care and use of power operated tools;

(5) Blueprint reading and electrical symbols;

(6) Study of the National Electrical Code ;

(7) Electrical fundamentals and basic theory;

(8) Wiring methods;

(9) Low voltage circuits;

(10) Interior distribution;

(11) Industrial and commercial calculating;

(12) Motors and generators;

(13) Practical circuit sketching;

(14) Transformers;

(15) Illuminating and design;

(16) Primary distribution;

(17) Fundamentals of electronics; and

(18) Fuse sizing.

The substantial equivalent of this training is acceptable.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:12, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-22.

ARSD 20:44:16:15 Biennial fees for licenses

Biennial fees for the classes of electricians licensed under this chapter are as follows:

(1) Electrical contractor: $200;

(2) Journeyman electrician: $80;

(3) Class B electrician: $100;

(4) Electrical inspector: $100;

(5) 501(d) electrician: $80; and

(6) Inactive electrical contractor, inactive Class B electrician, inactive journeyman electrician, or inactive 501(d) electrician: $80.

History

• Source: 13 SDR 41, effective October 16, 1986; 14 SDR 46, effective September 28, 1987; 18 SDR 83, effective November 10, 1991; transferred from § 20:44:03:13, August 12, 1994; 35 SDR 305, effective July 1, 2009; 48 SDR 23, effective September 15, 2021.
• General Authority: SDCL 36-16-17.
• Law Implemented: SDCL 36-16-17.

ARSD 20:44:16:16 Temporary journeyman electrician license fee

The fee for a temporary journeyman electrician license is $10 and shall accompany the application.

History

• Source: 13 SDR 41, effective October 16, 1986; transferred from § 20:44:03:14, August 12, 1994.
• General Authority: SDCL 36-16-18.
• Law Implemented: SDCL 36-16-18.

ARSD 20:44:16:17 Biennial apprentice electrician registration fee

The biennial registration fee for an apprentice electrician is $20. The fee must accompany the application for initial registration or the application for renewal.

History

• Source: 13 SDR 41, effective October 16, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:15, August 12, 1994.
• General Authority: SDCL 36-16-21.
• Law Implemented: SDCL 36-16-21.

ARSD 20:44:16:18 Reinstatement of lapsed license

A person who fails to renew a license may apply for reinstatement of the license within one year from the expiration date and pay a reinstatement fee of $50. The reinstatement fee and license fee must accompany the application. The reinstatement fee and license fee, whether the application is approved or disapproved, are nonrefundable.

A person who fails to renew a license within one year from its date of expiration must apply for a new license and take the examination as required in § 20:44:16:01.

Licensed electricians called into active military service are exempt from the examination requirement if they apply for renewal of their license and pay the required license renewal fee within 120 days following release from active military service.

History

• Source: 16 SDR 153, effective March 29, 1990; 18 SDR 83, effective November 10, 1991; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:03:16, August 12, 1994; 37 SDR 236, effective June 29, 2011.
• General Authority: SDCL 36-16-38.
• Law Implemented: SDCL 36-16-38.

ARSD 20:44:16:19 Change from inactive license to active license

A person with an inactive license who desires to change to an active license is subject to the requirements of § 20:44:17:01. Forms for this request may be obtained from the office of the commission.

History

• Source: 18 SDR 83, effective November 10, 1991; transferred from § 20:44:03:16.01, August 12, 1994.
• General Authority: SDCL 36-16-12, 36-16-13.3.
• Law Implemented: SDCL 36-16-12, 36-16-13.3.

ARSD 20:44:16:20 Use of electrical inspector's license

The electrical inspector's license is valid only for conducting electrical inspections for the state according to SDCL 36-16 or for local inspection systems according to SDCL 36-16 and chapter 20:44:21 or for conducting third party inspections according to SDCL 36-16 and subdivision 20:44:23:03(4). This license may not be used in lieu of the licenses authorized for the classes of electricians defined by SDCL 36-16-2(1), (2), (3), (5), or (6).

History

• Source: 16 SDR 153, effective March 29, 1990; transferred from § 20:44:03:17, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12, 36-16-29.

ARSD 20:44:16:21 Maintenance electrician license

A maintenance electrician license may be issued by the commission to a public or private entity which employs one or more persons to perform maintenance electrical work on land and facilities owned or leased by the entity. A separate maintenance electrical license is required for each county in which the entity's employees perform maintenance electrical work. Each application for a maintenance electrician's license must be accompanied by a $80 fee.

History

• Source: 23 SDR 236, effective July 16, 1997; 48 SDR 23, effective September 15, 2021.
• General Authority: SDCL 36-16-12, 36-16-13.2, 36-16-17.
• Law Implemented: SDCL 36-16-13.2, 36-16-17.

ARSD 20:44:16:22 Maintenance electrical work

20:44:16 :22. Maintenance electrical work. A maintenance electrician license is limited to electrical maintenance work, which is defined as repair or replacement of existing wiring devices and electrical utilization equipment using material with the same capacity and characteristics as the material replaced. Maintenance electrical work does not include the following:

(1) Addition to or alteration of feeders, services, fixtures, or motors which affects the loading of the feeder, circuit, or system and repair, replacement or extension of existing circuits;

(2) Changing motor sizes, adding fixtures, or a complete change-out of lighting, motors, receptacles, or electrical equipment; and

(3) Any other act which changes electrical characteristics of the existing system. Electrical work referred to in subdivisions (1), (2), and (3) of this section may be performed only by a licensed electrical contractor as provided in SDCL 36-16-2(3).

History

• Source: 23 SDR 236, effective July 16, 1997; 40 SDR 198, effective May 28, 2014.
• General Authority: SDCL 36-16-12, 36-16-13.2.
• Law Implemented: SDCL 36-16-13.2.

ARSD 20:44:16:23 Repealed

Inspections.** Repealed.

History

• Source: 23 SDR 236, effective July 16, 1997; 35 SDR 305, effective July 1, 2009; 46 SDR 128, effective May 26, 2020.

ARSD 20:44:16:24 Renewal of license

A maintenance electrician license holder must renew the license biennially prior to the license expiration date and must request inspection or waiver of inspection of electrical work prior to renewal. The application for renewal of a maintenance electrician's license must contain a statement that the holder assumes all risk, liability, and responsibility for electrical work done by the holder's employees and must be accompanied by a renewal fee of eighty dollars. All electrical violations found by an inspection must be corrected before the commission renews the holder's maintenance electrician license.

The commission may waive inspection if the commission receives written confirmation that no maintenance work has occurred in the preceding two years or receives an inspection report of maintenance electrical work from a qualified third party that has inspection authority over the maintenance license holder that is recognized by the commission, as defined in § 20:44:23:05.

Cross-References:

Electrical experience for advancement, § 20:44:16:08.

Local inspection systems, chapter 20:44:21.

History

• Source: 23 SDR 236, effective July 16, 1997; 43 SDR 181, effective July 10, 2017; 48 SDR 23, effective September 15, 2021; 51 SDR 54, effective November 12, 2024.
• General Authority: SDCL 36-16-12, 36-16-17.
• Law Implemented: SDCL 36-16-13.2, 36-16-17.

ARSD 20:44:16:25 Residential and noncommercial farmstead electrical inspections

The commission may license electrical inspectors to inspect residential and noncommercial farmstead electrical installations. An applicant must take an examination based on Class B contractor installation limitations and meet the requirements of an electrical inspector.

Cross Reference: Use of electrical inspector's license, § 20:44:16:20.

History

• Source: 26 SDR 96, effective January 19, 2000.
• General Authority: SDCL 36-16-12, 36-16-29.
• Law Implemented: SDCL 36-16-13, 36-16-14, 36-16-29.

ARSD 20:44:16:26 Application for residential and noncommercial farmstead electrical inspector license

An applicant for an examination for a residential and noncommercial farmstead inspection (RFI) electrical inspector's license shall apply to the commission office. The applicant must fill out the form in its entirety, sign the form, and pay the required fee. If the application is approved by the commission, the commission shall notify the applicant of the time and place designated by the commission for the examination.

Cross-References: Examination for wiring license, § 20:44:16:03; Application fees, § 20:44:16:04.

History

• Source: 26 SDR 96, effective January 19, 2000.
• General Authority: SDCL 36-16-12, 36-16-29.
• Law Implemented: SDCL 36-16-13, 36-16-14, 36-16-29.

ARSD 20:44:16:27 Issuance of RFI electrical inspector license

The commission shall issue an electrical inspector license for residential and noncommercial farmstead installations to any applicant who passes the RFI electrical inspector examination and pays the license fee listed in SDCL 36-16-17.

Cross-Reference: Biennial fees for licenses, § 20:44:16:15.

History

• Source: 26 SDR 96, effective January 19, 2000.
• General Authority: SDCL 36-16-12, 36-16-29.
• Law Implemented: SDCL 36-16-13, 36-16-14, 36-16-29.

Chapter 20:44:17 Continuing education

ARSD 20:44:17:01 Continuing education requirements

Sixteen hours of continuing education credits are required each two years for biennial renewal of a license or registration by electrical inspectors, electrical contractors, journeyman electricians, Class B electricians, and apprentice electricians.

Electricians obtaining a license or registration in the first year of a biennium must meet the scheduled continuing education requirements for renewal of their license or registration. Electricians obtaining a license in the second year of the biennium are not required to meet the scheduled continuing education requirements until the second renewal of their license or registration.

Inactive electrical contractors, inactive Class B electricians, and inactive journeyman electricians must provide proof of meeting the continuing education requirements when applying for an active license.

Licensed and registered electricians called into active military service are exempt from continuing education requirements for 12 months following their release from active military service.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; 14 SDR 46, effective September 28, 1987; 14 SDR 76, effective November 30, 1987; 18 SDR 83, effective November 10, 1991; requirements for counting credits transferred to § 20:44:13:01.01, 20 SDR 222, effective July 6, 1994; transferred from § 20:44:13:01, August 12, 1994; 28 SDR 178, effective July 1, 2002.
• General Authority: SDCL 36-16-12, 36-16-13.3.
• Law Implemented: SDCL 36-16-12, 36-16-13.3.

ARSD 20:44:17:02 Requirements for counting credits

20:44:17 :02. Requirements for counting credits. One credit hour of continuing education is allowed for each 50 minutes attended at a continuing education course. The course must meet the requirements in §§ 20:44:17:03 and 20:44:17:04. Courses may be taken at any location, whether in South Dakota or another state. Up to eight credit hours per biennial renewal may be allowed for commission pre-approved correspondence or interactive online courses subject to § 20:44:17:05.

History

• Source: Transferred from § 20:44:13:01, 20 SDR 222, effective July 6, 1994; transferred from § 20:44:13:01.01, August 12, 1994; 37 SDR 236, effective June 29, 2011; 40 SDR 198, effective May 28, 2014.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:17:03 Course work allowable

A minimum of one-half of the continuing education required in § 20:44:17:01 must be on the National Electrical Code . The remaining credits may relate to either the National Electrical Code or to one of the following noncode topics:

(1) Electric circuit theory;

(2) Blueprint/blueprint reading;

(3) Transformer/motor theory;

(4) Electric circuits and devices;

(5) Control systems;

(6) Programmable controllers;

(7) Microcomputers; and

(8) Safety.

A substantial equivalent of the courses is acceptable. Attendance at duplicate sessions may not be counted toward the completion of continuing education requirements.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; 14 SDR 76, effective November 30, 1987; 16 SDR 153, effective March 29, 1990; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:13:02, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:17:04 Criteria for granting continuing education course credit

The commission may grant continuing education credit for courses, seminars, conferences, correspondence courses, or similar offerings that are provided by the commission, a public or private school, organization, association, person, corporation, society, or similar organization if the courses meet the following criteria:

(1) The total instruction time is not less than 50 minutes;

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

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

(4) Each course of study substantially meets the requirements of § 20:44:17:03; and

(5) Instructors, lecturers, seminar leaders, and others who present a continuing education requirement course meet at least one of the following qualifications:

(a) A bachelor's, graduate, or postgraduate degree in the field in which the person teaches;

(b) A valid teaching credential or certificate from South Dakota or another state authorizing the holder to teach in the field of instruction being offered;

(c) Five years of experience in a professional, trade, or technical occupation in the applicable field; or

(d) Any combination of at least five years of applicable field experience and college education.

The substantial equivalent to these qualifications is acceptable.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:13:03, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:17:05 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 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 being offered;

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

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

(5) The duration and time the course is offered;

(6) A comprehensive, detailed outline of the subject matter together with the time sequence of each segment, faculty for each segment, and teaching technique proposed to be 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 resume may be furnished.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:13:04, August 12, 1994; 37 SDR 236, effective June 29, 2011.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:17:06 Application for credit approval

If a continuing education course is not preapproved according to § 20:44:17:05, the license holder must apply to the commission for approval of credits earned at the course not later than four months before the next biennial renewal date. The license holder must supply written evidence or materials sufficient for the commission to determine that the course substantially met the criteria in §§ 20:44:17:03 and 20:44:17:04.

If a continuing education course is preapproved according to § 20:44:17:05, the license holder may either retain the attendance certificate and attach it to the application for license renewal or submit the attendance certificate at any time following completion of the course but before the renewal date.

Attendance sheets submitted by an instructor of an approved course are acceptable proof of satisfactory completion of a continuing education course. The responsibility for record keeping and providing proof of attendance at continuing education courses remains with the license holder.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; 14 SDR 76, effective November 30, 1987; 16 SDR 153, effective March 29, 1990; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:13:05, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:17:07 Course change -- Late approval

A coordinator or instructor of an approved continuing education course shall immediately notify the commission of any changes in the application for approval or in the attached exhibits. Changes are acceptable if the commission takes no action within 60 days from the date the notice was received by the commission.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:13:07, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:17:08 Suspension, revocation, or denial of course approval

The commission may deny, suspend, or revoke approval of a continuing education course offering if the commission determines that it is not in compliance with this chapter.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:13:08, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:17:09 Auditing

The commission or its representative may audit courses.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; transferred from § 20:44:13:10, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:17:10 Continuing education certificate of attendance

The coordinator or instructor of each course shall provide an individual certificate of attendance to each license holder who attends 90 percent or more of the classroom hours.

A certificate of attendance may not be issued to a license holder who is absent more than 10 percent of the classroom hours. The certificate must contain the license holder's name, South Dakota license number, course title, date, location of course, number of credit hours, whether it is a preapproved course, and signature of coordinator or instructor.

History

• Source: 13 SDR 75, 13 SDR 95, effective January 1, 1987; 14 SDR 76, effective November 30, 1987; transferred from § 20:44:13:11, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

Chapter 20:44:18 Wiring permits

ARSD 20:44:18:01 Wiring permit required

The following require a wiring permit:

(1) Any electrical service entrance in excess of sixty amperes capacity A single wiring permit may be used for a temporary electrical service and a new service on a single project when both are installed by the same contractor, which must be stated on the wiring permit at the start of the project. Separate wiring permits are required if more than one contractor is involved;

(2) Electrical wiring being performed under an owner's exemption; and

(3) Any other electrical installation with an estimated inspection fee of thirty dollars or more as calculated in chapter 20:44:20.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 75, 13 SDR 95, effective January 1, 1987; 20 SDR 92, January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:04:01, August 12, 1994; 32 SDR 37, effective September 1, 2005; 37 SDR 236, effective June 29, 2011; 51 SDR54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-29, 36-16-30.

ARSD 20:44:18:02 Obtaining a wiring permit

A wiring permit may be obtained for twenty dollars from the commission office.

A wiring permit is valid for three years from the date the permit is issued. An electrical installation that extends beyond three years from the date of issuance must have a new wiring permit posted and sent to the commission office before the expiration date. Failure to date the wiring permit at the start of the job constitutes a late wiring permit procedure and subjects the installer to a two-hundred-fifty-dollar administrative fee. Failure to renew the permit for an electrical installation that is not completed constitutes a late wiring permit procedure that subjects the installer to a two-hundred-fifty-dollar administrative fee.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:04:02, August 12, 1994; 28 SDR 178, effective July 1, 2002; 32 SDR 37, effective September 1, 2005; 37 SDR 236, effective June 29, 2011; 46 SDR 128, effective May 26, 2020; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-28, 36-16-30.

ARSD 20:44:18:03 Wiring permit procedure

An electrical contractor, Class B electrician, or owner performing electrical wiring on a residence or a farmstead in compliance with SDCL 36-16-15 shall obtain a wiring permit on all electrical installations covered by § 20:44:18:01 and SDCL chapter 36-16. A permit consists of five copies, each printed on a different color paper.

The procedure for executing a wiring permit is as follows:

(1) Within fifteen calendar days after starting an electrical installation, the installer shall send the white copy to the office of the commission. Failure to send in the white copy within fifteen calendar days after the electrical work has started is a late wiring permit procedure and the installer is subject to a two-hundred-fifty-dollar administrative fee;

(2) The installer shall post the hard copy of the permit on the job site near the service entrance disconnect switch location when the electrical installation is started. The installer shall securely attach the peel-off sticker, located below the permit number on the hard copy, to the outside portion of the permanent building service. Failure to post this form and sticker is a late wiring permit procedure and subjects the installer to a two-hundred-fifty-dollar administrative fee;

(3) The installer shall retain the blue copy;

(4) The installer shall send the yellow and green copies to the supplier of power to the installation to have the installation energized. The power supplier shall retain the yellow copy and send all green copies of active wiring permits in its possession to the commission office once each month.

An electrical contractor or Class B electrician holding an active license may only secure an electrical wiring permit from the commission office.

An owner performing electrical wiring on a residence or farmstead in compliance with SDCL 36-16-15 shall secure a wiring permit from the commission office. The owner may not allow the wiring permit to be used by any other person.

Cross-Reference: Inspection fees, chapter 20:44:20.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 13 SDR 75, 13 SDR 95, effective January 1, 1987; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:04:03, August 12, 1994; 35 SDR 305, effective July 1, 2009; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-28, 36-16-29, 36-16-30.

ARSD 20:44:18:04 Wiring permit procedure for state-owned structures being wired by state employees licensed to do electrical installations

The maintenance director of a state-owned structure or a designated agent must submit the white copy of the wiring permit to the office of the commission at the beginning of each quarter. A list of all installations completed during the past quarter by licensed state employees must be submitted with the forms. Upon completion of the inspection, a request for payment according to § 20:44:20:10 shall be sent from the commission office to the maintenance director of the state-owned facility.

History

• Source: 16 SDR 153, effective March 29, 1990; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:04:03.01, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:18:05 Local inspection systems

A wiring permit is required in areas where local inspection systems have been approved in accordance with chapter 20:44:21.

Note: For electrical installations in these locations, consult the local inspection system offices for procedure, inspection fees, and regulations pertaining to the local inspection system.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:04:05, August 12, 1994.
• General Authority: SDCL 36-16-12, 36-16-29.
• Law Implemented: SDCL 36-16-29.

ARSD 20:44:18:06 Criteria for permits for single-family dwelling units under an Owner's Exemption

20 : 44 : 18 : 06 . Criteria for permits for single-family dwelling units under an O wner's E xemption. A permit for wiring a person's residence may only be issued if:

(1) The applicant has not applied for a permit under the Owner's Exemption in the last three years;

(2) The applicant occupies or intends to occupy the residence as his or her personal dwelling unit;

(3) The applicant does not rent or lease any part of the residence; and

(4) The applicant or applicant's spouse are the only persons performing the wiring.

A permit utilized in violation of this section will receive a final subject or final void.

History

• Source: 46 SDR 128, effective May 26, 2020.
• General Authority: SDCL 36-16-15.
• Law Implemented: SDCL 36-16-15.

Chapter 20:44:19 Inspection procedures

ARSD 20:44:19:01 Notice requirements for electrical installations

Notice requirement before any electrical installation is energized is 72 hours.

History

• Source: 2 SDR 89, effective July 2, 1976; 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:11:01, August 12, 1994; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:19:02 Implementation of inspection

Upon initiation of the procedures outlined in § 20:44:18:03 by the electrical contractor, Class B electrician, or individual performing electrical installations under an owner's exemption, the inspection procedure shall begin.

If the electrical installation is connected and in use without a copy of the wiring permit posted at the job site, the normal inspection fee, as required by chapter 20:44:20, shall be increased by $25.

History

• Source: 2 SDR 89, effective July 2, 1976; 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:11:02, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:19:03 Rough-in inspection

An inspector shall record on the inspector's daily report any electrical installation that has serious or hazardous violations of the National Electrical Code , is too incomplete to inspect finally, or is too large to be inspected during one inspection as a rough-in inspection. A blue rough-in tag shall be dated, signed, and applied on or near the service disconnect by the electrical inspector.

When life or safety violations are noted, the inspector shall provide an inspection report to the electrical installer.

The installer shall correct all noted violations and notify the inspector of those corrections by the date specified on the inspector's report and in compliance with § 20:44:19:07.

If the installer fails to notify the inspector by the date specified on the inspector's report, the inspector shall issue a correction order to the installer ordering compliance with SDCL chapter 36-16 and this article. The inspector shall assess fees according to § 20:44:20:12.

If the installer fails to comply with the correction order or fails to pay the fees according to § 20:44:20:12, the inspector may final void the installation with notice of non-compliance to installer, order a disconnect, or make a compliance request of the electrician's undertaking fund. In addition, the commission may conduct a hearing to determine whether the violator's license should be revoked.

If at any time during the process the owner of a residential or farmstead installation refuses to allow for corrections by an installer the inspector shall final void the installation with notice of non-compliance to installer or order the service disconnected. If at any time during the process the owner of a commercial installation refuses to allow for corrections the inspector shall order the service disconnected.

If an owner performing electrical installations under an owner's exemption refuses to make corrections, the inspector shall final void the installation with notice of non-compliance to owner, provide an inspection report to the owner, or order the service disconnected. The owner shall correct all noted violations and notify the inspector of those corrections by the date specified on the inspector's report and in compliance with § 20:44:19:07. If the owner fails to notify the inspector by the date specified on the inspector's report, the inspector shall issue a correction order to the owner ordering compliance with SDCL chapter 36-16 and this article. The inspector shall assess fees according to§ 20:44:20:12.

Violations considered inconsequential to the safety of life and property do not require an inspector's report, and corrections may be made at the convenience of the installer. This status may change with the next inspection.

Cross-Reference: Undertaking and insurance required, SDCL 36-16-20.

History

• Source: 2 SDR 89, effective July 2, 1976; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 16 SDR 153, effective March 29, 1990; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:11:03, August 12, 1994; 40 SDR 198, effective May 28, 2014; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-15, 36-16-29, 36-16-31.

ARSD 20:44:19:04 Requested inspections

An inspection of an installation, whether new or existing, requested in writing by a code- or law-enforcing agency, company, or individual is subject to the following procedures upon completion of inspection:

(1) The inspector shall submit a report to the requester with copies to the owner of the installation in question;

(2) The owner is subject to corrections listed by the inspector according to chapters 20:44:14 and 20:44:18 to 20:44:25, inclusive;

(3) The requester shall pay the fee set by § 20:44:20:10 if the requester is other than a code- or law-enforcing agency. Inspection fees for inspection requested by a code- or law-enforcing agency shall be paid by the owner of the installation;

(4) Installations found to be hazardous to life and property are subject to § 20:44:19:03 or SDCL 36-16-31.

History

• Source: 2 SDR 89, effective July 2, 1976; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:11:04, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12, 36-16-31.

ARSD 20:44:19:05 Final inspection with an inspector's report

If an installation is nearly complete and the inspector is satisfied that any minor infractions remaining will not constitute a hazard to life or property, the inspector may issue an inspector's report. The inspector shall submit the inspector's report to the electrical contractor, Class B electrician, or individual doing electrical wiring under an owner's exemption, subject to those corrections specified in the inspector's report. The inspector may sign, date, and apply the final green tag on or near the service disconnect.

The installer shall correct all noted violations and notify the inspector of those corrections by the date specified on the inspector's report and in compliance with § 20:44:19:07.

If the installer fails to notify the inspector by the date indicated on the inspector's report, the inspector shall issue a correction order to the installer ordering compliance with SDCL chapter 36-16 and this article. The inspector shall assess fees according to § 20:44:20:12.

If the installer fails to comply with the terms of the correction order or fails to pay the fees according to § 20:44:20:12, the inspector may final void the installation with notice of non-compliance to installer, order a disconnect, or make a compliance request of the electrician's undertaking fund. In addition, the commission may conduct a hearing to determine whether the violator's license should be revoked.

If at any time during the process the owner of a residential or farmstead installation refuses to allow for corrections by an installer the inspector shall final void or final subject the installation with notice of non-compliance to installer or order the service disconnected. If at any time during the process the owner of a commercial installation refuses to allow for corrections the inspector shall order the service disconnected.

If an owner performing electrical installations under an owner's exemption refuses to make corrections, the inspector shall provide an inspection report to the owner, final void or final subject the installation with notice of non-compliance to owner, or order the service disconnected. The owner shall correct all noted violations and notify the inspector of those corrections by the date specified on the inspector's report and in compliance with § 20:44:19:07. If the owner fails to notify the inspector by the date specified on the inspector's report, the inspector shall issue a correction order to the owner ordering compliance with SDCL chapter 36-16 and this article. The inspector shall assess fees according to § 20:44:20:12.

Violations considered inconsequential to the safety of life and property do not require an inspector's report, and corrections may be made at the convenience of the installer. This status may change with the next inspection.

Cross-Reference: Minimum fee for requested electrical inspections, § 20:44:20:10.

History

• Source: 2 SDR 89, effective July 2, 1976; 5 SDR 1, effective July 20, 1978; 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; black-tagging provision transferred from § 20:44:11:07, 18 SDR 83, effective November 10, 1991; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:11:06, August 12, 1994; 40 SDR 198, effective May 28, 2014; 43 SDR 181, effective July 10, 2017; 46 SDR 128, effective May 26, 2020.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-15, 36-16-29, 36-16-31.

ARSD 20:44:19:06 Final inspection

If the electrical installation is completed without violations, a green final tag shall be dated, signed, and applied to or near the service disconnect by the electrical inspector.

A residential owner occupied single-family dwelling unit may receive a final subject and be documented with a yellow final subject tag dated, signed, and applied to or near the service disconnect, provided the owner of the installation acknowledges acceptance of the non-compliance to the commission.

History

• Source: 2 SDR 89, effective July 2, 1976; 5 SDR 1, effective July 20, 1978; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; black-tagging provision transferred to § 20:44:11:06, 18 SDR 83, effective November 10, 1991; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:11:07, August 12, 1994; 46 SDR 128, effective May 26, 2020.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:19:07 Commission's responsibility to provide inspections for inspection fees paid

The following standardized inspection procedure applies when the electrical inspector is unable to make contact with the installer:

(1) Any installer must provide at least 72 hour notification to the commission office when an electrical job is at a rough-in stage requiring inspection to assure compliance with the National Electrical Code, a stage of correcting or completing items on a report, or prior to occupancy for final inspection. Failure to comply is subject to a $100 administrative fee. Notification forms shall be supplied by the commission when requested by the contractor;

(2) The commission shall attempt to provide notification announcing the attempt to conduct an inspection. The notification will contain instructions for the installer or owner to contact the inspector to schedule an inspection appointment;

(3) If there is no response from the first notification, the inspector shall make an additional attempt to inspect. If the inspector is still unable to make an inspection, the commission shall attempt to provide additional notification stating the installation has been finaled without confirming compliance; and

(4) Permits requiring multiple rough-ins and/or more than one scheduled final inspection will be charged an additional fee according to § 20:44:20:10.

History

• Source: 2 SDR 89, effective July 2, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:11:08, August 12, 1994; 32 SDR 37, effective September 7, 2005; 37 SDR 236, effective June 29, 2011; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-29.

ARSD 20:44:19:08 Inadequate directions provided to location

If an inspector is unable to locate the premise to be inspected from directions on a wiring permit, the inspector shall contact the installer for additional directions. The install shall provide the directions to commission personnel within 30 days. Upon receipt of the additional directions, the electrical inspector shall schedule the inspection.

History

• Source: 2 SDR 89, effective July 2, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:11:09, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-29.

Chapter 20:44:20 Inspection fees

ARSD 20:44:20:01 Inspection fees and rough-in inspections for new residential electrical installations

Inspection fees for new single-family residential electrical services are based on service equipment ampere capacity as follows:

(1) Up to two hundred amperes, two hundred eight dollars, and includes one rough-in inspection;

(2) More than two hundred and up to four hundred amperes, three hundred ninety dollars, and includes two rough-in inspections; and

(3) More than four hundred amperes, three hundred ninety dollars plus circuits, and includes two rough-in inspections.

In addition to the rough-in inspections, each installation under this section includes one final inspection. Fees must be assessed in accordance with § 20:44:20:10 for an additional inspection or reinspection needed to address corrections detailed in a report for a rough-in or final inspection.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 7 SDR 90, effective April 1, 1981; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:01, August 12, 1994; 32 SDR 37, effective September 1, 2005; 37 SDR 236, effective June 29, 2011; 46 SDR 128, effective May 26, 2020; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-30.

ARSD 20:44:20:02 Inspection fees and rough-in inspections for service connections on other electrical installations

Inspection fees for electrical service connections, other than connections described in § 24:44:20:01 and specific fees based on the nature of the installation in this chapter, and associated rough-in inspections are as follows:

(1) On new installations, including new service installations on commercial installations and new service installations not covered in this chapter, and based on service equipment ampere capacity:

(a) Up to two hundred amperes, seventy-eight dollars plus circuits, and includes one rough-in inspection;

(b) More than two hundred and up to four hundred amperes, ninety-eight dollars plus circuits, and includes one rough-in inspection;

(c) More than four hundred and up to eight hundred amperes, one hundred thirty dollars plus circuits, and includes one rough-in inspection;

(d) More than eight hundred and up to sixteen hundred amperes, one hundred ninety-five dollars plus circuits, and includes one rough-in inspection;

(e) More than sixteen hundred amperes, three hundred fifty-eight dollars plus circuits, and includes two rough-in inspections; and

(2) On existing installations, including replacement service installations for existing homes, commercial installations, and installations not covered in this chapter, and based on service equipment ampere capacity:

(a) Up to two hundred amperes, one hundred thirty dollars plus new circuits;

(b) More than two hundred and up to four hundred amperes, one hundred sixty-three dollars plus new circuits;

(c) More than four hundred and up to eight hundred amperes, one hundred ninety-five dollars plus new circuits;

(d) More then eight hundred and up to sixteen hundred amperes, two hundred twenty-eight dollars plus new circuits; and

(e) More than sixteen hundred amperes, two hundred sixty dollars plus new circuits.

Fees for remodeling single family residences may not exceed the flat rate fee based on ampere capacity for comparable new single family residential electrical services in § 20:44:20:01. A minimum fee of one hundred fifty dollars must be imposed if the total fee calculated under this section is less than one hundred fifty dollars.

In addition to the rough-in inspections, each installation under this section includes one final inspection. Additional requested inspections or reinspections to address corrections detailed in a report for a rough-in or final inspection will be assessed fees under § 20:44:20:10.

Cross-Reference: Inspection fees for new residential electrical installations, § 20:44:20:01.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 7 SDR 90, effective April 1, 1981; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:02, August 12, 1994; 37 SDR 236, effective June 29, 2011; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-29, 36-16-30.

ARSD 20:44:20:02.01 Fees charged for circuits

Fees for each single circuit in a cabinet or panel, as used in § 20:44:20:02, and not counting spares and spaces, are as follows:

(1) Up to thirty amperes, seven dollars;

(2) More than thirty and up to sixty amperes, thirteen dollars;

(3) More than sixty and up to one hundred amperes, fifteen dollars; and

(4) Each additional one hundred amperes, ten dollars per one hundred amperes.

Cross-Reference: Inspection fees and rough-in inspections for service connections on other electrical installations, § 20:44:20:02.

History

• Source: 37 SDR 236, effective June 29, 2011; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-30.

ARSD 20:44:20:03 Inspection fee for circuit installations or alterations

The inspection fee for circuit installations or alterations is sixty-five dollars per circuit.

Any fee calculated in this section may not exceed the calculated fee for a new installation of the same ampere capacity in §§ 20:44:20:01 and 20:44:20:02. A minimum fee of one hundred fifty dollars must be imposed if the total fee calculated under this section is less than one hundred fifty dollars. A one-circuit or two-circuit installation or alteration includes one inspection. An installation or alteration of three-or-more circuits includes two inspections. Additional requested inspections or reinspections to address corrections detailed in a report for a rough-in or final inspection will be assessed fees under § 20:44:20:10.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 7 SDR 90, effective April 1, 1981; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:03, August 12, 1994; 32 SDR 37, effective September 1, 2005; 37 SDR 236, effective June 29, 2011; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-29, 36-16-30.

ARSD 20:44:20:04 Inspection fees for electrical installations associated with remodeling projects

When neither the service nor the branch circuits are altered, inspection fees associated with a remodeling project are as follows:

(1) First forty openings or connections, three dollars each;

(2) Each additional opening or connection, one dollar;

(3) First forty lighting fixtures, three dollars each;

(4) Each additional lighting fixture, one dollar; and

(5) Each motor or other special equipment, eight dollars.

A minimum fee of one hundred fifty dollars must be imposed if the total fee calculated under this section is less than one hundred fifty dollars. Each permit under this section includes one inspection. Fees must be assessed in accordance with § 20:44:20:10 for an additional inspection or reinspection needed to address corrections detailed in a report for a rough-in or final inspection.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 7 SDR 90, effective April 1, 1981; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:04, August 12, 1994; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-29, 36-16-30.

ARSD 20:44:20:05 Inspection fees for electrical installations in apartment buildings

The inspection fee for an apartment building is one hundred fifty dollars per unit.

If each apartment is served individually, the service is included in the flat rate fee. All other service entrances are subject to § 20:44:20:02 and all other circuits and feeders are subject to § 20:44:20:02.01.

Each permit for an apartment building includes one rough-in inspection for every four units and one final inspection. Fees must be assessed in accordance with § 20:44:20:10 for an additional inspection or reinspection needed to address corrections detailed in a report for a rough-in or final inspection.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 7 SDR 90, effective April 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:05, August 12, 1994; 37 SDR 236, effective June 29, 2011; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 11, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-29, 36-16-30.

ARSD 20:44:20:06 Inspection fees for electrical installations serving outdoor signs and area lighting, Repealed

Inspection fees for electrical installations serving outdoor signs and area lighting. Repealed.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 7 SDR 90, effective April 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; 18 SDR 83, effective November 10, 1991; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:06, August 12, 1994; 37 SDR 236, effective June 29, 2011; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.

ARSD 20:44:20:07 Inspection fees for electrical installations serving field irrigation systems, Repealed

Inspection fees for electrical installations serving field irrigation systems. Repealed.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 7 SDR 90, effective April 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:07, August 12, 1994; 32 SDR 37, effective September 1, 2005; 37 SDR 236, effective June 29, 2011; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.

ARSD 20:44:20:08 Inspection fees for mobile home services and feeders

The inspection fee for services to each mobile home service or feeder, whether on or off a mobile home court, is as follows:

(1) First mobile home service or feeder, one hundred dollars; and

(2) Each additional mobile home service or feeder, forty-five dollars.

One wiring permit may apply to an entire mobile home court if the number of mobile home services or feeders included is specified on the wiring permit before it is sent to the commission office pursuant to § 20:44:18:03.

A minimum fee of one hundred fifty dollars must be imposed if the total fee calculated under this section is less than one hundred fifty dollars.

Each permit under this section includes one inspection. Fees must be assessed in accordance with § 20:44:20:10 for an additional inspection or reinspection needed to address corrections detailed in a report for a rough-in or final inspection.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 7 SDR 90, effective April 1, 1981; 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:08, August 12, 1994; 32 SDR 37, effective September 1, 2005; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-29, 36-16-30.

ARSD 20:44:20:09 Inspection fees for electrical installations at recreational vehicle parks

The inspection fee is twenty-five dollars for each recreational vehicle park unit pedestal. A minimum fee of one hundred fifty dollars must be imposed if the total fee calculated under this section is less than one hundred fifty dollars. Each permit for a recreational vehicle park includes one inspection. Fees must be assessed in accordance with § 20:44:20:10 for an additional inspection or reinspection needed to address corrections detailed in a report for a rough-in or final inspection.

The service to the recreational vehicle park itself is computed under § 20:44:20:02.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 7 SDR 90, effective April 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:09, August 12, 1994; 37 SDR 236, effective June 29, 2011; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-29, 36-16-30.

ARSD 20:44:20:10 Minimum fee for requested electrical inspections or for reinspections

A minimum inspection fee of one hundred fifty dollars for each inspection man-hour or fraction of a man-hour is charged for any requested electrical inspections or any reinspections to address corrections detailed in a report for a rough-in or final inspection. After the first hour, the fee for each additional fifteen minutes is thirty-seven dollars and fifty cents. Inspector time is rounded up to the nearest fifteen-minute increment.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 7 SDR 90, effective April 1, 1981; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:10, August 12, 1994; 32 SDR 37, effective September 1, 2005; 43 SDR 181, effective July 10, 2017; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-27, 36-16-29, 36-16-30.

ARSD 20:44:20:11 Cost of wiring permit not included in inspection fee

The inspection fees in §§ 20:44:20:01 to 20:44:20:09, inclusive, do not include the cost of the wiring permit.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:11, August 12, 1994.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-30.

ARSD 20:44:20:12 Fee for late corrections

If the corrections listed on an inspector's report are not completed within the specified time, the inspector must issue a correction order and assess a two-hundred-fifty-dollar administrative fee. The inspector shall also assess a reinspection fee calculated according to § 20:44:20:10.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:12, August 12, 1994; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-30.

ARSD 20:44:20:13 Inspection fees for electrical installations serving swimming pools, Repealed

Inspection fees for electrical installations serving swimming pools. Repealed.

History

• Source: 7 SDR 90, effective April 1, 1981; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 92, effective January 1, 1994; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:06:13, August 12, 1994; 46 SDR 128, effective May 26, 2020; 51 SDR 140, effective July 1, 2025.

Chapter 20:44:21 Local inspection systems

ARSD 20:44:21:01 Procedure for establishing approved local inspection systems

Municipal governments or power suppliers desiring to establish a local electrical inspection system shall submit their application to the commission for this permission.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:07:01, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-29.

ARSD 20:44:21:02 Application for permission to use local inspection systems

Municipal governments and power suppliers may apply for permission to establish local inspection systems. Applications shall be filed with the commission with a copy of the proposed ordinance, bylaw, or other action to be taken by the municipal government or power supplier. The application must indicate that the municipal government or power supplier will meet the following requirements:

(1) The municipal government or power supplier shall employ a minimum of two full-time South Dakota state-licensed electrical inspectors, one of whom shall be designated for doing full-time electrical inspections only. A local electrical inspector must meet all the qualifications in §§ 20:44:16:03 and 20:44:16:08 and may not inspect electrical installations performed by a local electrical inspector employed by the same local inspection system;

(2) A local electrical inspector shall inspect all new services within the jurisdiction of the municipality or power supplier and upon approval leave a permit for power connection. The permit must state that the installation complies with all rules in this article;

(3) A local electrical inspector shall inspect all electrical installations in the jurisdiction of the municipality or power supplier which require inspection pursuant to § 20:44:18:01;

(4) The local inspection system shall report all electrical installations requiring inspection in the area under their jurisdiction by one of the following methods:

(a) A local electrical inspector shall complete a wiring permit for all electrical work requiring inspection by the state in the area under the jurisdiction of the local inspection system. The white copy of each wiring permit shall be sent to the commission office once each month. The remaining copies may be distributed as directed by the local inspection system; or

(b) The municipal government or power supplier shall provide a computer printout once each month of all electrical permits issued by that entity, together with a $5 permit fee for each permit. The computer printout shall contain the following information:

(i) Identification of the local inspection system;

(ii) The final inspection date;

(iii) The electrical contractor's name;

(iv) The electrical contractor's state license number;

(v) The inspection identification number;

(vi) The job address;

(vii) The city inspection fee;

(viii) The name of general contractor or owner; and

(ix) The job description;

The municipal government or power supplier shall notify the commission in writing when it desires to change reporting methods;

(5) All changes in local inspection fees, ordinances, or bylaws taken by the municipal government or power supplier as they apply to the local inspection system must be reported to the commission prior to enactment or at the first reading, whichever is first. The inspection fees must be equal to or greater than those required by the commission;

(6) A state electrical inspector shall make inspections of installations under the jurisdiction of the local electrical inspection systems as necessary to assure compliance with this article and SDCL chapter 36-16. Any municipal government or power supplier submitting a new application for a local inspection system must notify the commission prior to hiring any local electrical inspector to ensure the inspector is in good standing with the commission. This provision shall remain in effect for five years from approval of local inspection systems by the commission;

(7) Annual reports shall be submitted by the municipal government or power supplier to the commission indicating the number of inspections, size of services, and inspection fee income derived from the local inspection system;

(8) The governing body shall immediately notify the commission if the local inspection system is temporarily or permanently terminated and turn over the records and inspection fees for all uncompleted inspections to the commission. The commission shall then resume inspection of the area under the jurisdiction of the local inspection system.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; 18 SDR 83, effective November 10, 1991; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:07:02, August 12, 1994; 32 SDR 37, effective September 1, 2005.
• General Authority: SDCL 36-16-12, 36-16-29, 36-16-30.
• Law Implemented: SDCL 36-16-12, 36-16-29, 36-16-35, 36-16-30.

ARSD 20:44:21:03 Wiring permit -- Computer printout

Where local electrical inspection systems have been approved, local inspectors shall obtain wiring permits from the local electrical inspection office. Local inspection systems shall comply with subdivision 20:44:21:02(4)(b).

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 5 SDR 1, effective July 20, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 83, effective November 10, 1991; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:07:03, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12, 36-16-29, 36-16-30.

ARSD 20:44:21:04 Municipal licenses

An electrician applying for a license from a municipal government under SDCL 9-34-12 must first possess a state license before being eligible to hold the equivalent or lesser local license.

If the equivalent license does not exist at the state level, the license offered by a municipal government must first be approved by the commission and then passed as an ordinance by the municipal government.

History

• Source: 16 SDR 153, effective March 29, 1990; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:07:04, August 12, 1994; 37 SDR 236, effective June 29, 2011.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12, 36-16-14.

Chapter 20:44:22 Electrical installations

ARSD 20:44:22:01 Adoption of National Electrical Code

Electric light, power, and heating installations in this state shall conform to the National Electrical Code .

Cross-Reference: Definition of National Electrical Code , subdivision 20:44:14:01(11).

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:01, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:22:02 Electrical equipment to comply with rules

Electrical** equipment to comply with rules. A person or the person's agent or employee may not sell, offer for sale, or expose for sale any electrical equipment designed for attachment to or installation in or on any electrical circuit or system for light, heat, or power which does not comply with this article.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:02, August 12, 1994; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:22:03 Electrical equipment to conform to approved purposes and show identification

Electrical** equipment to conform to approved purposes and show identification. Only the electrical equipment approved in accordance with § 20:44:22:04 for the purpose intended may be installed to use electricity for light, heat, or power. This includes all materials used to install such electrical equipment. The manufacturer's name, trademark, or other identification symbol must be placed on or provided with the electrical equipment, together with the rated voltage, current, wattage, or other applicable ratings necessary to determine the purpose and use for which they are intended.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:03, August 12, 1994; 29 SDR 87, effective December 24, 2002; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:22:04 State electrical inspector authorized to enforce rules and specifications

The state electrical inspector shall enforce all rules and specifications in this article as necessary to determine conformity of electrical equipment with approved methods of construction in order to protect life and property. The label of a nationally recognized electrical testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection during production of equipment or materials, whose label indicates compliance with nationally recognized standards or tests to determine suitable usage in a specified manner, is prima facie evidence that such electrical equipment is in conformity and listed for installation under the provisions of this article.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:04, August 12, 1994; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27, 36-16-29.

ARSD 20:44:22:05 Special approval of state electrical inspector

The state electrical inspector may grant special approval of electrical equipment as machinery if no standard has been prepared or adopted to which they should conform. Special approval applies only to the specific electrical equipment approved and not to the line as manufactured, stored, sold, installed, or attached and may be granted only for electrical equipment as designated by the owner as machinery which, in the opinion of the owner, is safe for the use intended. All special approvals must first be authorized by the commission.

The state or any of its political subdivisions does not assume any liability for damage or injury to persons or property because of the use of such electrical equipment designated as machinery.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:05, August 12, 1994; 29 SDR 87, effective December 24, 2002; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12, 36-16-29.
• Law Implemented: SDCL 36-16-12, 36-16-27, 36-16-29, 36-16-36.

ARSD 20:44:22:06 Individual homeowner to comply with wiring requirements

An individual homeowner installing electrical wiring under an owner's wiring permit shall comply with all wiring requirements in this article. If an individual homeowner, who has been issued an owner's wiring permit in the last three years, requests a new owner's permit, the homeowner must provide a written explanation for the request and file the explanation and the owner's wiring permit with the commission.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:06, August 12, 1994; 29 SDR 87, effective December 24, 2002.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-15, 36-16-27.

ARSD 20:44:22:07 Residential heating plant disconnect

Heating plant installations that include auxiliary motor-operated equipment rated twenty-five amps or less require a separate disconnecting means from the branch-circuit overcurrent protective device. The disconnect must be located at the unit and readily accessible from the service compartment.

Note: Also see Article 424 of the National Electrical Code.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:07, August 12, 1994; 29 SDR 87, effective December 24, 2002; 43 SDR 181, effective July 10, 2017; 48 SDR 23, effective September 15, 2021; 52 SDR 54, effective November 12, 2024.
• General Authority: SDCL 36-16-12, 36-16-27.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:22:08 Repealed

Perpendicular mast used for low buildings.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:09, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:09 Repealed

Metal building services to be in an approved raceway.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:10, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:10 Service entrance disconnect location

The raceway containing conductors to the service entrance disconnect enclosure may not extend more than five feet inside the structure except with the written permission of the state electrical inspector or local electrical inspector. The raceway or cable assembly may not extend more than five feet once inside the structure to the main disconnect. However, the raceway or cable assembly may extend up to fifteen feet inside the structure if it is installed in rigid metallic conduit, intermediate metallic conduit, or busway. Metering enclosures and junction boxes are not included when determining these lengths. Additional lengths in the structure may be installed only with the written permission of the state electrical inspector, local electrical inspector, or commission.

Note: Also see Article 230 of the National Electrical Code .

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; transferred from § 20:44:05:11, August 12, 1994; 29 SDR 87, effective December 24, 2002.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:22:11 Repealed

Grounding methods.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:12, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:12 Electrical metallic tubing

Electrical metallic tubing may not be used in concrete below grade or in concrete slab or masonry in direct contact with earth nor embedded in earth or fill. The use of a vapor barrier has no effect on the requirements of this section.

Note: Also see Article 300 and 358 of the National Electrical Code .

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:13, August 12, 1994; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:22:13 Repealed

Lighting fixtures in clothes closets.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:14, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:14 Repealed

Overhead conductors to comply with installation requirements.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 2 SDR 89, effective July 2, 1976; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:15, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:15 Repealed

Multiconductor cable ratings and requirements.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:16, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:16 Underground conductors to comply with installation requirements

All underground conductor installations, in addition to complying with the requirements of the National Electrical Code , laws of the state of South Dakota, and rules of the State Electrical Commission, shall comply with the requirement that direct burial underground service conductors or feeders shall be installed in raceway from the building to a point beyond any concrete or asphalt slabs, stoops, footings, or driveways, which may interfere with future conductor replacement.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:17, August 12, 1994; 32 SDR 37, effective September 1, 2005.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:22:17 Repealed

Farmstead wiring to comply with installation requirements.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:18, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:18 Repealed

Other farmstead outbuildings to comply with installation requirements.** Repealed.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:05:21, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:19 Repealed

Irrigation system control circuits.** Repealed.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:22, August 12, 1994; 23 SDR 2, effective July 16, 1996; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:20 Repealed

Places of assembly.** Repealed.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 16 SDR 153, effective March 29, 1990; 19 SDR 155, effective April 14, 1993; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:23, August 12, 1994; repealed, 24 SDR 24, effective September 2, 1997.

ARSD 20:44:22:21 Inspection for bonding of swimming pools

20:44:22 :21. Inspection for bonding of swimming pools. All grid work and related apparatus of a swimming pool must be inspected prior to pouring the cement or other covering of the pool. The installer shall schedule the inspection with the state electrical inspector at least 72 hours before pouring the cement or other pool covering.

History

• Source: 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:24, August 12, 1994; 40 SDR 198, effective May 28, 2014.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:22:22 Repealed

Outdoor ground-fault circuit interrupter protection for dwelling units.** Repealed.

History

• Source: 14 SDR 76, effective November 30, 1987; transferred from § 20:44:05:26, August 12, 1994; repealed, 29 SDR 87, effective December 24, 2002.

ARSD 20:44:22:23 Dwelling unit receptacle outlets -- Countertops and peninsulas

Island and peninsular countertops in dwelling units are exempt from the National Electrical Code requirements.

Cross-Reference: National Electrical Code , Article 210.

History

• Source: 18 SDR 83, effective November 10, 1991; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:28, August 12, 1994; 29 SDR 87, effective December 24, 2002.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:22:24 Working space about electrical equipment operating at 600 volts, nominal, or less

In new structures, additional working spaces for switchboards, panelboards, and motor control centers operating at 600 volts, nominal, or less, to ground shall extend two feet from the front of the dedicated space and two feet from the top of the working spaces specified in the National Electrical Code . This applies only to items not a part of the electrical installation.

Cross-Reference: National Electrical Code , Article 110.26A.

History

• Source: 19 SDR 155, effective April 14, 1993; transferred from § 20:44:05:29, August 12, 1994; 29 SDR 87, effective December 24, 2002; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:22:25 Electrical receptacles in health care facilities

20:44:22 :25. Electrical receptacles in health care facilities. Patient care space in health care facilities, as defined in Article 517 of the National Electrical Code , must have receptacles listed for hospital use in other than hazardous locations. Such receptacles are identified by the marking "Hospital Only" or by the marking "Hospital Grade" and a green dot on the receptacle. The green dot must be visible after installation.

History

• Source: 19 SDR 155, effective April 14, 1993; transferred from § 20:44:05:30, August 12, 1994; 23 SDR 2, effective July 16, 1996; 40 SDR 198, effective May 28, 2014.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12.

ARSD 20:44:22:26 Repealed

Ground-fault circuit interrupter protection.** Repealed.

History

• Source: 19 SDR 155, effective April 14, 1993; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:31, August 12, 1994; repealed, 37 SDR 236, effective June 29, 2011.

ARSD 20:44:22:27 Residential housing units moved to new locations

Single, modular, or multifamily residential units moved from one location to another must have at least a 100-ampere service at the new location and must meet the ground fault circuit interrupter protection, tamper resistant receptacle protection, arc-fault circuit interrupter protection, receptacle for heating and cooling equipment, weather resistant receptables and in use cover, and emergency disconnect requirements of the National Electrical Code, Article:

(1) 210.8 - ground fault circuit interrupter protection;

(2) 210.12 - arc fault circuit interrupt protection;

(3) 406.12 - tamper resistant receptacles;

(4) 210.63 - receptacle within 25 feet of the heating and ac equipment;

(5) 406.9 - weather resistant receptacles and in use covers; and

(6) 230.85 - emergency disconnects.

History

• Source: 19 SDR 155, effective April 14, 1993; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:32, August 12, 1994; 23 SDR 2, effective July 16, 1996; 29 SDR 87, effective December 24, 2002; 40 SDR 198, effective May 28, 2014; 43 SDR 181, effective July 10, 2017; 48 SDR 23, effective September 15, 2021.
• General Authority: SDCL 36-16-12, 36-16-27.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:22:28 System grounding connections

All grounding electrode conductors of the system grounding connections must terminate on the neutral bus inside the service equipment unless they are inspected before the service is energized by the power supplier.

Cross-Reference: National Electrical Code , Article 250.

History

• Source: 19 SDR 155, effective April 14, 1993; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:05:33, August 12, 1994; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

Chapter 20:44:23 Modular homes and structures

ARSD 20:44:23:01 Modular homes and modular structures -- Compliance with requirements

The installation of electrical wiring, materials, and equipment in modular homes and modular structures must comply with this article and the National Electrical Code before power may be supplied to them. A wiring permit, inspection fee or inspection is not required for modular homes or modular structures exported out of South Dakota.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; compliance requirements for modular homes and structures made out-of-state transferred from § 20:44:08:02, 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:08:01, August 12, 1994; 35 SDR 305, effective July 1 , 2009.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12, 36-16-13, 36-16-27.

ARSD 20:44:23:02 Wiring permit required for modular homes and modular structures

Wiring permits must be obtained from the commission office and provided with each individual modular home or modular structure manufactured in this state or transported into this state. A qualified person, pursuant to § 20:44:20:02.01, must fill out and sign the wiring permit, completely describing the installation as required on the forms. The white copy of the wiring permit along with the required inspection fee must be forwarded to the commission office before the modular home or structure leaves the place of manufacture in South Dakota or is transported into South Dakota. The address of the destination and the name of the South Dakota dealer or the party purchasing the modular structure must also be provided. The blue copy of the wiring permit may be retained by the company. The hard copy of the wiring permit shall be posted near the service entrance disconnect switch location.

Cross-References:

Inspection fees for new residential electrical installations, § 20:44:20:01.

Inspection fees for service connections on other electrical installations, § 20:44:20:02.

Inspection fees for circuit installations or alterations, § 20:44:20:03.

Inspection fees for modular homes and modular structures, § 20:44:23:04.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:08:03, August 12, 1994; 37 SDR 236, effective June 29, 2011.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12, 36-16-27, 36-16-28.

ARSD 20:44:23:03 Inspection of modular homes and modular structures

Inspection of modular homes and modular structures located in or transported into this state must be by one of the following procedures:

(1) Inspection by a nationally recognized inspection agency approved by the commission, provided the agency's label is attached;

(2) In-factory inspection by a South Dakota state electrical inspector;

(3) Modular home or structure wiring and wiring permit placement according to § 20:44:23:02 by a person qualified for an electrical license under subdivision (2) or (3) of SDCL 36-16-2; or

(4) Third-party inspection permitted only by prior agreement with the commission.

Cross-Reference: State electrical inspector authorized to enforce rules and specifications, § 20:44:22:04.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:08:04, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12, 36-16-27.

ARSD 20:44:23:04 Inspection fees for modular homes and modular structures

The fees for inspection of modular homes and modular structures conducted under subdivisions 20:44:23:03(1), (3), and (4) are as required by §§ 20:44:20:01, 20:44:20:02, 20:44:20:02.01, and 20:44:20:03. For inspections conducted pursuant to subdivision 20:44:23:03(2), the manufacturer shall pay two hundred ten dollars a day for each inspector, plus travel and living expenses.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 14 SDR 76, effective November 30, 1987; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:08:05, August 12, 1994; 37 SDR 236, effective June 29, 2011; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12, 36-16-30.
• Law Implemented: SDCL 36-16-29, 36-16-30.

ARSD 20:44:23:05 Third-party inspection

The commission office may approve an individual or multiple individuals at a business entity as a third-party inspector to conduct inspections of modular homes and modular structures under subdivision 20:44:23:03(4). A third-party inspector shall have similar qualifications to a state-licensed electrical inspector and shall conduct electrical inspections in accordance with SDCL chapter 36-16 and this article.

An individual or multiple individuals at a business entity seeking approval by the commission to conduct third-party inspections must submit an application in the format designated by the commission office. An initial or renewal application must include:

(1) A list of modular home and modular structure manufacturers in South Dakota with which the third party has contracted;

(2) A list of jurisdictions in which the third party presently performs any inspections, including any supporting documentation;

(3) A list of all individuals who will be conducting the inspections and their qualifications;

(4) Certificate of liability insurance of at least one million dollars;

(5) Copy of accreditation with a nationally recognized testing laboratory as defined by 29 C.F.R. § 1910.7 (January 1, 2024); and

(6) Surety bond of one hundred thousand dollars.

An approval for a third party to conduct inspections is valid for two years and only for the individuals identified in the most recent application. A renewal application must be submitted every biennium on the form designated by the commission office.

History

• Source: 51 SDR 54, effective November 12, 2024.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27, 36-16-29.

Chapter 20:44:24 Carnivals and seasonal dwellings

ARSD 20:44:24:01 Carnivals, celebrations, and seasonal dwellings to have wiring permit

Prior to being connected for use all electrical installations and service connections for carnivals, celebrations, and seasonal dwellings must have a wiring permit as set forth in §§ 20:44:18:01 to 20:44:18:05, inclusive.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:09:01, August 12, 1994; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:24:02 Temporary installations for carnivals and celebrations

All temporary installations of electrical wiring for carnivals or other celebrations consisting of surface or overhead installations for light and power to tents, stands, concessions, or amusement rides must conform to the following standards:

(1) Circuit wires of adequate size, according to the National Electrical Code , may be twisted together or run parallel and taped together and must be attached to a messenger by insulators at intervals not to exceed five feet;

(2) Sockets and receptacles, including their individual conductors, must be of the standard molded pigtail weatherproof type. Connections of these socket wires to the cabled circuit wires must be staggered, and splices must be made in accordance with section 110-14(b) of the National Electrical Code ;

(3) Cut outs or switches installed outdoors must be enclosed in weatherproof cabinets. Cabinets lower than eight feet above ground must be kept locked when they are accessible to the public;

(4) All metal stands, concessions, amusements, rides, trailers, and other units that require electricity to operate must be grounded. All electrical equipment and motors must be grounded;

(5) All feeders and circuits must have overcurrent protection.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:09:02, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:24:03 Additional requirements for temporary installations for carnivals and celebrations

In addition to the requirements of § 20:44:24:02, temporary installations for carnivals and celebrations must conform to the following:

(1) Each ride or concession must be provided with only one disconnect switch with overcurrent protection;

(2) Splices and taps must be enclosed in a weatherproof box or cabinet and may not be accessible to the public. Splices or taps may not be buried in the ground;

(3) Cable must be in good condition, have standard insulating qualities for the voltage level, have adequate mechanical strength, and be a continuous length from box to box. Outdoor cord connectors must be used;

(4) All temporary installations must be approved by the electrical inspector before use; and

(5) All installations must comply with SDCL chapter 36-16 and all provisions of this article.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 83, effective November 10, 1991; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:09:03, August 12, 1944.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-12, 36-16-27.

ARSD 20:44:24:04 Notice of itinerary and application for inspection

Each outdoor amusement enterprise entity, celebration sponsor, or carnival operating or intending to operate in South Dakota shall notify the commission each year of its itinerary and apply for the initial inspection at least 10 business days prior to the first calendar engagement in the state. A list of rides, concessions, and booths are to be provided to the commission at least 72 hours prior to energization. Failure to comply is subject to a $100 administrative fee.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:09:04, August 12, 1994; 43 SDR 181, effective July 10, 2017.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:24:05 Inspection fee to be paid prior to inspection

Inspection fees for carnivals or celebrations are charged to the owners and concessionaires in accordance with fees set forth in chapter 20:44:20. The inspection fees must be paid to the commission by the owners and concessionaires prior to or at the time of inspection.

History

• Source: SL 1975, ch 16, § 1; 5 SDR 1, effective July 20, 1978; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:09:05, August 12, 1994; 43 SDR 181, effective July 10, 2017; 46 SDR 128, effective May 26, 2020; 51 SDR 54, effective November 12, 2024; 51 SDR 140, effective July 1, 2025.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27, 36-16-29.

ARSD 20:44:24:06 Fee to be paid to commission, Repealed

Fee to be paid to commission. Repealed.

History

• Source: SL 1975, ch 16, § 1; 10 SDR 131, effective June 3, 1984; 12 SDR 92, effective January 1, 1986; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:09:06, August 12, 1994; 43 SDR 181, effective July 10, 2017; 51 SDR 140, effective July 1, 2025.

ARSD 20:44:24:07 Repealed

20:44:24 :07. Requirements for seasonal dwellings. Repealed.

History

• Source: SL 1975, ch 16, § 1; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:09:07, August 12, 1994; repealed, 40 SDR 198, effective May 28, 2014.

Chapter 20:44:25 Supplementary power -- Cogeneration systems

ARSD 20:44:25:01 Definition of cogeneration systems

Cogeneration systems are supplemental power generation systems that are connected in parallel with electrical service supplied by a power supplier.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:12:01, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:25:02 Scope

This chapter applies to cogeneration systems that are permanently installed in their entirety. All cogeneration systems shall be jointly approved by the power supplier and the commission according to the National Electrical Code , Article 90-4.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:12:02, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:25:03 Application of other standards

Except as modified by this chapter, all applicable articles of the National Electrical Code and all commission rules apply to cogeneration systems.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:12:03, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:25:04 Equipment approval

Prior to use, all equipment must be approved for supplemental power generation pursuant to § 20:44:22:03 and National Electrical Code , Section 110-3. If equipment is not listed by a qualified electrical laboratory, it must be approved or disapproved by the commission or its designee according to the National Electrical Code , Article 90-4, before installation. Any costs incurred in this procedure are the responsibility of the owner of the cogeneration facility.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:12:04, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:25:05 Installation compatibility

Since cogeneration systems parallel power supplier systems, all cogeneration equipment must satisfy requirements of existing systems with which it is to be interconnected. In cases of conflicting requirements of both the power supplier and the commission, the more stringent requirements shall apply.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:12:05, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:25:06 Switch requirements

The switch or switches installed in the cogeneration system as required by power supplier systems must be so arranged that only authorized persons have control of these switches. Authorized persons shall be designated by the power supplier system.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:12:06, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:25:07 System protection

Switching equipment and wiring associated with the cogeneration system shall be provided with suitably rated protection devices according to the National Electrical Code or approved by the commission according to the National Electrical Code , Article 90-4.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:12:07, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:25:08 System isolation

Cogeneration systems shall automatically disconnect from the power supplier system when the power supplier system is deenergized. The equipment to prevent backfeed shall be approved by the power supplier and commission according to the National Electrical Code , Article 90-4.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; transferred from § 20:44:12:08, August 12, 1994.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

ARSD 20:44:25:09 Permits -- Fees

Cogeneration systems must have a wiring permit executed according to chapter 20:44:18. Inspection fees are determined by equivalent service size and category as described in chapter 20:44:20.

History

• Source: 10 SDR 131, effective June 3, 1984; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 20 SDR 222, effective July 6, 1994; transferred from § 20:44:12:09, August 12, 1994; 37 SDR 236, effective June 29, 2011.
• General Authority: SDCL 36-16-12.
• Law Implemented: SDCL 36-16-27.

Chapter 20:44:26 Undertaking fund

ARSD 20:44:26:01 Definitions

Terms used in this chapter mean:

(1) "Contractor," an individual licensed with the commission as an electrical contractor or a Class B electrician;

(2) "Installation," an electrical installation;

(3) "Submitter," an individual or business requesting reimbursement from the undertaking fund.

History

• Source: 40 SDR 198, effective May 28, 2014.
• General Authority: SDCL 36-16-20.
• Law Implemented: SDCL 36-16-20.

ARSD 20:44:26:02 Claim eligibility requirements

Each claim for recovery from the undertaking fund shall be made on a commission approved claim form. For a submitter's claim to be eligible for recovery from the undertaking fund, the claim shall meet the following requirements:

(1) The installation was performed by a contractor, whose license was in good standing at the time of the installation;

(2) The submitter has paid the contractor for part of an installation that has not been completed or for an installation that was improperly completed;

(3) The submitter submits a completed claim form to the commission;

(4) The submitter submits three bids for completion of the installation that is to be corrected or completed; and

(5) The submitter has not obtained a civil judgment against the contractor.

If the three originally submitted bids are found to be unreasonable, the commission may assign a contractor to correct or complete the installation or request the submitter to submit three additional bids for review.

History

• Source: 40 SDR 198, effective May 28, 2014.
• General Authority: SDCL 36-16-20.
• Law Implemented: SDCL 36-16-20.

ARSD 20:44:26:03 Resolution of claim for recovery from the undertaking fund

The commission shall resolve all claims for recovery from the undertaking fund that meet the requirements of ARSD § 20:44:26:02. The commission may resolve a claim in favor of the submitter through an agreement with the contractor, if the contractor accepts responsibility for the installation, admits to accepting a specified amount of compensation for part of the installation that the contractor did not complete or for an installation that was improperly completed, and agrees to reimburse the undertaking fund for the moneys spent to correct or finish the contractor's installation. The commission may resolve a claim in favor of the submitter if the commission makes a finding that the contractor performed the installation and that the contractor received a specified amount of compensation for part of the installation that the contractor did not complete or for an installation that was improperly completed.

If the evidence does not support a finding that the contractor performed the installation or that the contractor received a specified amount of compensation for the installation, then the commission shall dismiss the submitter's claim without prejudice.

History

• Source: 40 SDR 198, effective May 28, 2014.
• General Authority: SDCL 36-16-20.
• Law Implemented: SDCL 36-16-20.

ARSD 20:44:26:04 Contractor required to reimburse the undertaking fund -- Request for waiver possible

If a claim for recovery from the undertaking fund is resolved in favor of the submitter, the contractor shall reimburse the commission the amount of moneys spent to correct or finish the contractor's installation within 30 days after the determination of resolution is made.

The contractor may request a waiver of reimbursement from the commission within ten days after the determination of resolution is made. Upon receipt of a request for a waiver of reimbursement, the commission may grant the request for a waiver of reimbursement, partially grant the request for a waiver of reimbursement, or deny the request for a waiver of reimbursement.

History

• Source: 40 SDR 198, effective May 28, 2014.
• General Authority: SDCL 36-16-20.
• Law Implemented: SDCL 36-16-20.