2023 South Dakota Codified Laws › Title 36 - Professions and Occupations › Chapter 18A - Technical Professions › Section 36-18A-1 - Definition of terms.

36-18A-1. Definition of terms.
Terms used in this chapter mean:
(1)"Alteration," for the purpose of determining exemptions, any remodeling, renovation, or reconstruction to a building which changes the use, occupancy classification, or occupant load, or the exiting, structural, mechanical, or electrical systems of a building as defined by the building code;
(2)"Architect," any person licensed in good standing and legally authorized to practice architecture in this state;
(3)"Architectural intern," any person who has successfully completed an accredited education program in architecture acceptable to the board and is enrolled in the intern development program administered by the National Council of Architectural Registration Boards;
(4)"Board," the Board of Technical Professions;
(5)"Building," any structure used or intended to support or shelter any occupancy;
(6)"Building or floor area," the sum of the areas of all of the floors of a building, including basements, mezzanine, and intermediate tiers, and penthouses of headroom height, measured from the exterior faces of exterior walls or from the center line of the wall separating buildings. The building area does not include such features as pipe trenches, exterior terraces or steps, chimneys, vent shafts, courts, and roof overhangs. The floor area of enlargements shall be added to the existing building area. A fire or area separation wall is not an exterior wall for the purposes of this definition;
(7)"Building official," the officer or other designated authority charged with the administration and enforcement of the adopted code;
(8)"Business entity," any corporation, partnership, limited liability corporation, limited liability partnership, or sole proprietorship that practices or offers to practice engineering, architecture, land surveying, landscape architecture, petroleum release assessment, or petroleum release remediation services to the public through its licensed personnel who are either employees, officers, directors, partners, members, managers, or owners and that have been issued a certificate of authorization by the board;
(9)"Construction administration," the interpretation of drawings and specifications, the establishment of standards of acceptable workmanship, and the site observation of construction, by a licensed professional, for the purpose of determining whether the work is in general accordance with the construction contract documents. Shop drawing review, coordination of a construction project among the owner, architect, engineer, contractor, and subcontractors, and inspection of construction by contractors, subcontractors, owner's agents, building officials, or other unlicensed professionals does not constitute construction administration;
(10)"Corrective action," an action taken to minimize, contain, eliminate, remediate, mitigate, or clean up a petroleum release, excluding removal of a petroleum tank of less than one thousand one hundred gallons;
(11)"Design-build," a delivery approach in which a project team of design professionals and builders perform design and construction services under contract with a client;
(12)"Engineer," a person who is qualified to practice engineering by reason of special knowledge and use of the mathematical, physical, and engineering sciences and the principles and methods of engineering analysis and design, acquired by engineering education and engineering experience;
(13)"Engineering intern" or "engineer-in- training" or "EI" or "EIT," a person enrolled by the board as an engineering intern and who has successfully passed the fundamentals of engineering examination;
(14)"Enlargement," for the purpose of determining exemptions, is any addition to a building which changes the use, occupancy classification, or occupant load, or the exiting, structural, mechanical, or electrical systems of a building as defined by the building code adopted by the board;
(15)"Land surveyor," a person licensed in good standing and legally authorized to practice land surveying in this state;
(16)"Land surveying intern" or "land surveyor-in-training" or "LSI" or "LSIT," a person enrolled by the board as a land surveying intern who has successfully passed the fundamentals of land surveying examination;
(17)"Landscape architect," a person licensed in good standing and legally authorized to practice landscape architecture in this state;
(18)"Landscape architectural intern," a person who has successfully completed an accredited education program in landscape architecture adopted by the board;
(19)"License," a certificate indicating authority to practice and use titles within a profession;
(20)"Licensee," a person or business entity whose license is in good standing;
(21)"Petroleum," gasoline, alcohol-blended fuels, diesel fuels, aviation gasoline, jet fuel, fuel oil, kerosene, burner oil, naphtha, lubricating oils, motor oil, automatic transmission fluid, waste oil, or alcohols that have been denatured with gasoline and stored to be used as blended fuel-grade ethanol;
(22)"Petroleum release assessor," a person licensed in good standing and legally authorized to practice petroleum release assessment in this state;
(23)"Petroleum release remediator," a person licensed in good standing and legally authorized to practice petroleum release remediation in this state;
(24)"Professional engineer," a person licensed in good standing and legally authorized to practice engineering in this state;
(25)"Release," the spilling, leaking, emitting, discharging, escaping, leaching, or disposing of a reportable quantity of petroleum;
(26)"Remedial investigation," an action to identify the corrective action to be taken to protect the public health, safety, and environment and to contain a release of petroleum into the environment;
(27)"Responsible charge," the immediate and responsible direction by a licensed professional who has exercised personal direction, guidance, and control over the design, preparation of documents, construction administration, and other professional services and has exercised professional judgment in all matters relating to those services;
(28)"Retired licensee," a person who is retired and is no longer licensed to practice that person's profession may use the appropriate honorific title or combination of titles of Architect, Retired; Professional Engineer, Retired; Land Surveyor, Retired; or Landscape Architect, Retired;
(29)"Site assessment," an action to identify the existence, source, nature, and extent of a release and the extent of any danger to public health, safety, and welfare of the public or environment;
(30)"Site observation," the visual observation of a construction project for general compliance with submitted plans and specifications at significant stages and at project completion.
Source:
SL 1999, ch 195, §1; SL 2007, ch 219, §§1, 2.