reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:37 - Other requirements of licensees › Section 20:38:37:02 - Prime professional

Current through Register Vol. 51, page 10, July 15, 2024
The prime professional is the licensed architect or
				  professional engineer who leads the design team and manages the design project.
				  A prime professional is required for any project that requires the coordination
				  of multiple disciplines, such as, architectural, landscape architectural,
				  civil, structural, mechanical, or electrical engineering. The prime
				  professional is charged with the coordination of the design and construction
				  administration services. The prime professional may require testing and
				  uncovering of work to determine compliance with approved plans and
				  specifications. The duties of the prime professional include the
				  following:
(1) Acts as point of
				contact for the project team during the design phase to ensure dialogue among
				participants, including owners, contractors, developers, design professionals,
				government bodies, and building officials;
(2) Verifies that the submittal to the
				building official is compatible and coordinated and provides a logical and
				comprehensive document;
(3)
				Verifies that the design submitted is complete, and that all requirements for
				calculations and specifications are complete and accurately delineated on plans
				and related documents;
(4) Acts as
				point of contact during the review process with the building official and
				provides for timely response to questions, corrections, or requests for
				additional information on any element of the design package;
(5) Acts as point of contact for the design
				team following permit issuance, responds to changes, clarifications, and
				additional information that may be required from members of the design team to
				owners, developers, contractors, or building officials; and
(6) Coordinates construction administration
				services.
General Authority:
SDCL
					 36-18A-22(6).
Law Implemented:
SDCL
					 36-18A-1(9),
					 36-18A-46.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:37 - Other requirements of licensees › Section 20:38:37:03 - Construction administration services

Current through Register Vol. 51, page 10, July 15, 2024
Construction administration services shall be provided by a
				  licensee practicing within the licensee's profession and comprise the following
				  minimum services:
(1) Visiting the
				construction site on a regular basis as is necessary to determine that the work
				is proceeding generally in accordance with the contract documents and technical
				submissions;
(2) Processing shop
				drawings, samples, and other submittals required of the contractor by the terms
				of construction contract documents to assure general accordance with the plans
				and specifications; and
(3)
				Notifying the owner, the client, the board, and the building official of any
				observed and uncorrected code violations; changes that affect code compliance;
				the use of any materials, assemblies, components, or equipment prohibited by a
				code; major or substantial changes between such technical submissions and the
				work in progress; or any deviation from the technical submissions that the
				design professional identifies as constituting a hazard to the public, which is
				observed in the course of performing the professional's construction
				administration duties.
The project's architect or professional engineer shall report
				  to the board and the building official if neither one is engaged to provide
				  construction administration services.
General Authority:
SDCL
					 36-18A-22(6).
Law Implemented:
SDCL
					 36-18A-1(9),
					 36-18A-46.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:37 - Other requirements of licensees › Section 20:38:37:04 - Combining architecture, engineering, and construction services

Current through Register Vol. 51, page 10, July 15, 2024
A business entity offering any combination of architectural
				  and engineering services together with construction services such as
				  design-build contracting may offer to render architectural and engineering
				  services only if:
(1) An architect and
				professional engineer licensed in the state participates substantially in all
				material aspects of the offering;
(2) There is written disclosure at the time
				of the offering that the architect and professional engineer are engaged by and
				contractually responsible to the contractor, contractor as a joint venture, or
				owner/client;
(3) The architect and
				professional engineer will have direct supervision of the design work and that
				the professional services are not terminated without the consent of the
				owner/client;
(4) The rendering of
				architectural and engineering services by such professionals will conform to
				the provisions of SDCL chapter 36-18 A and this article; and
(5) Design professionals perform construction
				administration on the projects.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-47,
					 36-18A-48,
					 36-18A-49,
					 36-18A-51.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:37 - Other requirements of licensees › Section 20:38:37:05 - Land surveyors

Current through Register Vol. 51, page 10, July 15, 2024
A licensed land surveyor shall perform the following
				  services:
(1) Filing certified land
				corner records. On certified land corner records, a licensed surveyor shall
				date, sign and affix the licensed surveyor's number and seal on 81/2 by 14-inch
				sheets before presenting a certificate for filing. The certified land record
				form shall show by sketch and explanation a complete description of the found
				or reestablished corner monument. The accessories established, stating how
				marked, material used, witness trees, witness objects, bearing objects, and
				courses and distances to adjacent corners if determined in reestablishing the
				corner described shall be on the certificate. The licensed surveyor shall
				describe evidence found of the original corner and give the original record if
				known. The licensed land surveyor may include other reference information such
				as State Plane Coordinates or other specified geodetic coordinates as evidence
				of the corner position. The licensed land surveyor may use the back of the
				certificate for additional sketches;
(2) File with the register of deeds. The
				certified land corner shall be indexed by the register of deeds in each county
				on a township index sheet provided by the board. Counties using microfilm or
				similar devices for storage of documents shall return the original to the land
				surveyor unless notified otherwise; and
(3) Survey corner markers. All corner markers
				including points of curvature set by licensed land surveyors, whether they are
				retracement surveys, aliquot boundaries, or the subdivision of lands, must
				either be constructed of ferrous metal or must contain sufficient magnetic
				material so that the markers can be found with metal detecting devices. All
				corner markers set by licensed land surveyors must have affixed to the top of
				the corner marker a device commonly known as a survey cap which clearly shows
				the registration number of the surveyor.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-4,
					 36-18A-44,
					 36-18A-45,
					 36-18A-71.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:37 - Other requirements of licensees › Section 20:38:37:06 - Services on exempt projects or for exempt entities

Current through Register Vol. 51, page 10, July 15, 2024
Any licensed professional architect, engineer, landscape
				  architect, or land surveyor in South Dakota performing services on an exempt
				  project or for an exempt governmental entity, pursuant to SDCL
				  36-18A-9, shall, in the
				  performance of such professional services, comply with all applicable
				  provisions of state law and administrative rules in the performance of such
				  services. The professional standard of care for a licensee, and the mandatory
				  compliance with state statutes and administrative regulations, are not reduced,
				  modified, or lessened when the project is exempt.
General Authority:
SDCL
					 36-18A-8.
Law Implemented:
SDCL
					 36-18A-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:37 - Other requirements of licensees › Section 20:38:37:07 - Petroleum release samples

Current through Register Vol. 51, page 10, July 15, 2024
A petroleum release assessor or remediator shall gather
				  assessment samples to determine if there is a petroleum release and shall
				  direct soil borings and determine where to collect samples for analytical
				  data.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-6,
					 36-18A-7,
					 36-18A-22(5).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:38 - Fire protection systems › Section 20:38:38:01 - Automatic fire sprinkler and fire alarm systems

Current through Register Vol. 51, page 10, July 15, 2024
If fire sprinkler or fire alarm shop drawings are to be used
				  to finalize engineering concepts, a licensed professional engineer shall
				  provide and be responsible for the design concept and specifications, which
				  must be adequate for shop drawing preparation by others. The licensed
				  professional engineer shall review the shop drawings of the system prior to its
				  permit review and installation. In addition, the licensed professional engineer
				  shall provide a review stamp or letter of review attached to the
				  drawings.
After installation of the fire sprinkler system and fire
				  alarm system, the licensee shall furnish a written letter stating the system
				  has been installed in accordance with the shop drawings and tested in
				  accordance with the manufacturer's specifications and the appropriate National
				  Fire Protection Association requirements. This acceptance letter shall be made
				  available to appropriate jurisdictional authorities and interested
				  parties.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:38 - Fire protection systems › Section 20:38:38:02 - Shop drawings for fire sprinkler system

Current through Register Vol. 51, page 10, July 15, 2024
A properly qualified technician or licensee shall execute the
				  design concept and prepare shop drawings for a fire sprinkler
				  system.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-3,
					 36-18A-9(7).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:38 - Fire protection systems › Section 20:38:38:03 - Qualified fire sprinkler system technician

Current through Register Vol. 51, page 10, July 15, 2024
A qualified fire sprinkler system technician is a person who
				  has at least one of the following qualifications:
(1) National Institute for Certification in
				Engineering Technologies (NICET) level III technician certifications in the
				subfield of fire sprinkler systems;
(2) A NICET level IV technician certification
				in the subfield of fire sprinkler systems; or
(3) 20 years of experience in the field of
				fire sprinkler system layout.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-3,
					 36-18A-9(7).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:38 - Fire protection systems › Section 20:38:38:04 - Shop drawings for fire alarm system

Current through Register Vol. 51, page 10, July 15, 2024
A properly qualified technician or licensee shall execute the
				  design concept and prepare shop drawings for any fire alarm
				  system.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-3,
					 36-18A-9(7).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:38 - Fire protection systems › Section 20:38:38:05 - Qualified fire alarm system technician

Current through Register Vol. 51, page 10, July 15, 2024
A qualified fire alarm system technician is a person who has
				  at least one of the following qualifications in fire alarm systems:
(1) National Institute for Certification in
				Engineering Technologies (NICET) level III technician certification in the
				subfield of fire alarm systems;
(2)
				A NICET level IV technician certification in the subfield of fire alarm
				systems; or
(3) 20 years of
				experience in the field of fire alarm systems layout.
General Authority:
SDCL
					 36-18A-22(5).
Law Implemented:
SDCL
					 36-18A-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:38 - Fire protection systems › Section 20:38:38:06 - Exempt projects and routine maintenance

Current through Register Vol. 51, page 10, July 15, 2024
A licensee may not be required to provide design concepts or
				  an acceptance letter of review for:
(1) Projects exempt from building code
				requirements for fire protection; or
(2) Routine maintenance, when accomplished in
				accordance with National Fire Protection Association (NFPA) standard #25,
				"Inspection, Testing, and Maintenance of Water-Based Fire Protection
				Systems."
General Authority:
36-18A-22(5).
Law Implemented:
36-18A-3,
					 36-18A-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:01 - Complaints

Current through Register Vol. 51, page 10, July 15, 2024
Any person, board member, or the executive director of the
				  board, claiming that a licensee or an applicant for licensure under SDCL
				  chapter 36-18 A has engaged in or is engaged in conduct constituting grounds
				  for disciplinary action as enumerated in SDCL chapter 36-18 A or chapter
				  20:38:36 may file with the board a written complaint. The board may require the
				  complaining party to file a complaint verified on oath stating the name of the
				  applicant or licensee against whom the complaint is made and setting out full
				  details of the conduct which is alleged to be a violation. Failure to file a
				  written complaint, verified under oath, in the form satisfactory to the board,
				  is a basis to dismiss the complaint. On receipt of a complaint deemed to be in
				  proper form by the board or the executive director, the complaint shall be
				  served by mail upon the applicant or licensee complained against and upon any
				  other affected parties, together with a copy of chapter 20:38:36.
The applicant or licensee complained against shall respond to
				  the complaint within 20 calendar days after service of the complaint on the
				  applicant or licensee. The response of the applicant or licensee shall be sent
				  to the executive director of the board at the board's office. Upon receipt of
				  the response of the applicant or licensee, or upon expiration of the time for
				  the applicant or licensee complained against to respond, the chair of the
				  board, considering only the complaint and any response, shall appoint one
				  member of the board who, along with the executive director and such other
				  individuals as may be appointed by the chair of the board, to act as an
				  investigative committee to determine if the complaint has merit and constitutes
				  grounds for disciplinary action, or lacks merit and should be
				  dismissed.
Editor's Note:
The Legislative Research
					 Council changed the reference from 20:38:20 to 20:38:36 to correct an
					 inadvertent error.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 36-18A-55,
					 36-18A-56,
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:02 - Complaint procedure

Current through Register Vol. 51, page 10, July 15, 2024
Upon completion of the investigation, the investigating
				  committee shall recommend to the board whether the charges should be dismissed
				  for lack of merit or whether based upon the investigation of the committee
				  there is sufficient basis to proceed with either a formal hearing or other
				  disposition. The failure of a licensee to comply with the investigation request
				  administered by the board may result in disciplinary action. The board may also
				  petition the court of the county in which the individual licensee resides, and
				  the court may enter an order compelling the compliance or imposing such terms
				  and conditions as the court may deem necessary.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 36-18A-55,
					 36-18A-56,
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:03 - Informal disposition of complaints

Current through Register Vol. 51, page 10, July 15, 2024
The board may accept an assurance of voluntary compliance or
				  a consent order regarding a violation of SDCL chapter 36-18 A or chapter
				  20:38:36. The assurance or consent order shall be in writing and is subject to
				  the approval of the board. The assurance or consent order may include a
				  statement that the individual will not engage in such act or practice in the
				  future and one of the following:
(1)
				Stipulation for voluntary payment of any fine or cost, or both, of the
				investigation; and
(2) Stipulation
				for the voluntary payment necessary to restore to any person money or property
				which may have been acquired by the alleged violator.
The assurance of voluntary compliance may not be considered
				  an admission to a violation for any purpose. The consent of the licensee to a
				  consent order shall constitute an admission of a violation for any purpose.
				  Proof of the failure to comply with an assurance of voluntary compliance or a
				  consent order shall entitle the board to institute or reinstitute formal
				  proceedings.
The board shall notify in writing any complaining party, the
				  applicant or licensee complained against, and any other affected parties of the
				  results of the informal disposition of a complaint and the action taken, if
				  any. Informal disposition of a complaint is a public record.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 36-18A-55,
					 36-18A-56,
					 36-18A-57,
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:04 - Formal proceedings

Current through Register Vol. 51, page 10, July 15, 2024
If an alleged violation has merit constituting grounds for
				  disciplinary action, the board may commence formal proceedings. Formal
				  proceedings shall be instituted by a formal board complaint and service of a
				  notice of hearing by mail upon the applicant or licensee complained
				  against.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 1-26-18,
					 36-18A-55,
					 36-18A-56,
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:05 - Contents of a formal board complaint

Current through Register Vol. 51, page 10, July 15, 2024
The formal board complaint shall include the name of the
				  applicant or licensee complained against, a statement setting forth the nature
				  of the violations being charged that constitute grounds for disciplinary
				  action.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 1-26-18,
					 36-18A-55,
					 36-18A-56,
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:06 - Answer to formal board complaint

Current through Register Vol. 51, page 10, July 15, 2024
The applicant or licensee shall file an answer within 20
				  calendar days after service of the complaint admitting, denying, qualifying, or
				  explaining all facts alleged in the formal complaint and all defenses of the
				  applicant or licensee or mitigating factors. The licensees shall file the
				  original upon the executive director of the board and a copy by mail to the
				  board counsel.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 1-26-18,
					 36-18A-55,
					 36-18A-56,
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:07 - Disqualification

Current through Register Vol. 51, page 10, July 15, 2024
If an alleged violation against an applicant or licensee is
				  filed by a board member, or if a board member participates in the investigation
				  of a violation by an applicant or licensee, that board member is disqualified
				  from sitting at the hearing as a board member and from participating in the
				  decision rendered by the board.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 1-26-26,
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:08 - Procedure for formal hearing

Current through Register Vol. 51, page 10, July 15, 2024
The following procedure shall be used by the board in
				  conducting formal hearings:
(1) The
				board shall provide written notice to the applicant or licensee by mail stating
				the time, place, and date of the formal hearing. The notice shall require the
				attendance of the applicant or licensee at the hearing. The notice shall be
				given at least ten days prior to the formal hearing;
(2) A transcript shall be kept of all formal
				hearings and proceedings;
(3) The
				board chairman may conduct the formal proceeding or the board may have a
				hearing examiner conduct the proceedings in part or in full;
(4) The applicant or licensee appearing
				before the board at a formal hearing shall appear in person, unless otherwise
				waived by the board. The applicant or licensee, and his legal counsel, may be
				present during the giving of all evidence, may have reasonable opportunity to
				inspect all documentary evidence, may examine and cross-examine witnesses, may
				present evidence in support of the party's interest, and may have subpoenas
				issued to compel attendance of witnesses and production of evidence on the
				party's behalf.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 1-26-18,
					 36-18A-22(9),
					 36-18A-59.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:09 - Final action by board

Current through Register Vol. 51, page 10, July 15, 2024
After a formal hearing, the board may dismiss the formal
				  complaint or issue an order seeking any disciplinary remedy enumerated in SDCL
				  36-18A-57 and
				  36-18A-67. The board's decision
				  shall be made and entered with notice of the decision given in accordance with
				  the provisions of SDCL
				  1-26-23 to
				  1-26-25,
				  inclusive.
General Authority:
SDCL
					 36-18A-22(9).
Law Implemented:
SDCL
					 36-18A-56 to
					 36-18A-59, inclusive,
					 36-18A-61.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:10 - Petition for hearing by an aggrieved person

Current through Register Vol. 51, page 10, July 15, 2024
In a contested case, as defined in SDCL
				  1-26-1(2),
				  including disciplinary proceedings, a person aggrieved by an action of the
				  board taken without a hearing may, within 30 days following the date of the
				  board action, petition the board for a hearing. The hearing shall be held at
				  the earliest convenience of the board following receipt of the petition. Twenty
				  days before the date set by the board for hearing, the board shall serve by
				  mail upon the petitioner and other interested or affected parties a copy of the
				  notice of hearing and a copy of the aggrieved person's
				  petition.
General Authority:
SDCL
					 36-18A-22(10).
Law Implemented:
SDCL
					 36-18A-22(9).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:11 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
A person seeking a ruling as to the applicability to that
				  person of a statutory provision or rule or order of the board may file with the
				  board a Petition for Declaratory Ruling in substantially the following
				  form:
Pursuant to the provisions of SDCL
				  1-26-15, I, (name of petitioner),
				  of (address of petitioner), am (title or capacity of petitioner), and do hereby
				  petition the Board of Technical Professions for its declaratory ruling in
				  regard to the following:
(1) The
				statute or rule or order in question is: (here identify and quote the pertinent
				statute, rule, or order.)
(2) The
				facts and circumstances that give rise to the issue to be answered by the
				board's declaratory ruling:
(3) The
				precise issue to be answered by the board's declaratory ruling:
Dated at (city and state), this ________ day of
				  _____________, _____.
___________________________
(Signature of Petitioner)
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:12 - Board action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition, the board may request from the
				  petitioner any information that may be required for the issuance of its ruling.
				  Within 30 days following the receipt of the petition, or within 30 days
				  following receipt of requested information, the board shall issue its
				  declaratory ruling and serve a copy of it by mail upon the
				  petitioner.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 1-26-15.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:38 - Board of Technical Professions › Chapter 20:38:39 - Disciplinary proceedings › Section 20:38:39:13 - Adverse ruling

Current through Register Vol. 51, page 10, July 15, 2024
Any person seeking a declaratory ruling hereunder, is deemed
				  to be aggrieved, in an issue that constitutes a contested case as defined in
				  SDCL 1-26-1(2) made
				  within 30 days of the board's declaratory ruling requests the board for a
				  formal hearing, which hearing shall be held at the earliest convenience of the
				  board following the receipt of the request.
General Authority:
SDCL
					 36-18A-22.
Law Implemented:
SDCL
					 36-18A-22(10).
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:01 - Administration › Section 20:39:01:01 - Meetings - Quorum

Current through Register Vol. 51, page 10, July 15, 2024
Annual meetings of the board for the election of officers for
				  the ensuing year and the transaction of other business shall be held within one
				  month after new members are appointed by the Governor. Meetings shall be held
				  on call of the president or on written request of two or more members of the
				  board.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:01 - Administration › Section 20:39:01:02 - President's duties - President's absence

Current through Register Vol. 51, page 10, July 15, 2024
The president shall preside at all meetings and shall perform
				  such other duties as the board may direct. A majority of the board may
				  designate a board member to act in the president's absence.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-4.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:01 - Administration › Section 20:39:01:03 - Secretary-treasurer's duties - Records

Current through Register Vol. 51, page 10, July 15, 2024
The secretary-treasurer shall have charge of the business and
				  transactions of the board. The secretary-treasurer shall assemble and present
				  to the board an annual report of the board's receipts and expenditures and a
				  complete statement of the board's work during the year.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-4,
					 36-14-8.
Local bank accounts must be approved by state auditor and
					 state treasurer, SDCL
					 4-4-3.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:01 - Administration › Section 20:39:01:04 - Petition for new rules.Superseded

Current through Register Vol. 51, page 10, July 15, 2024
Commission Note:
SDCL
					 1-26-13 provides a statutory
					 procedure to use for petitioning an agency for amendments to its rules, thus
					 effectively superseding this
					 section.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:01 - Administration › Section 20:39:01:05 - Response to petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of a petition for a change in rule, the
				  secretary-treasurer shall immediately mail one copy to each board member and
				  set a meeting within 25 days to act on the petition.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 1-26-13.
Commission Note:
A portion of this rule was
					 superseded by SDCL
					 1-26-13 which provides a statutory
					 procedure for petitioning an agency for change in its rules. This section has
					 been modified to conform to the
					 change.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:01 - Administration › Section 20:39:01:06 - Request for decision from board

Current through Register Vol. 51, page 10, July 15, 2024
A party with a contested case before the board may request a
				  final order terminating administrative action and declaring the rights and
				  liabilities of the parties thereto by delivering a demand to the
				  secretary-treasurer in person or by certified mail. The secretary-treasurer
				  must either issue the order or issue an explanation of the procedures to be
				  followed before the secretary-treasurer can issue the order within three weeks
				  after receipt of the demand.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:01 - Administration › Section 20:39:01:07 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
To initiate proceedings for declaratory rulings on the
				  applicability of a statute or rule, a person may file with the board a verified
				  complaint stating the action requested and the factual basis. On the filing of
				  the complaint the board shall fix a date for hearing on the complaint and shall
				  give notice of the hearing to all interested persons. If the parties likely to
				  be affected are diffuse in nature, the board shall hold a contested hearing and
				  issue its decision in the form of a new proposed rule. It shall then hold
				  another hearing pursuant to SDCL
				  1-26-4 to promulgate the rule.
				  Written notice of the final determination of the board concerning a contested
				  case held under this section shall be given to all persons who have requested
				  it.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:02 - Sanitation requirements › Section 20:39:02:01 - Physical plant infection control requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each barber shop and barber school shall observe the
				  following infection control requirements in its physical plant:
(1) The buildings and quarters must at all
				times be kept clean, well painted, adequately ventilated, and amply
				lighted;
(2) The floors shall be
				maintained in good repair and be either tiled or covered with linoleum or
				comparable floor covering;
(3) All
				barber chairs shall be maintained in sound mechanical condition and covered on
				the backs and seats with covering of upholstery. The chairs must be placed
				center to center, and each chair must occupy at least 35 square feet of floor
				space.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:02 - Sanitation requirements › Section 20:39:02:02 - Infection control equipment requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each barber shop and barber school shall be equipped with the
				  following infection control equipment:
(1) Each shop and each school shall provide
				one wet sterilizer and one dry cabinet sterilizer for each barber chair,
				together with the compounds generally associated with their use;
(2) There shall be one mirror for each barber
				chair, not less than 30 inches in diameter;
(3) In a barber shop, one properly working
				sink shall be provided for each two barber chairs;
(4) In a school, there shall be a minimum of
				one properly working sink for each four students present at any time.
(5) If hair brushes are used, there shall be
				a minimum of four brushes per barber chair. Hair brushes shall be cleaned and
				disinfected after each customer use.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:02 - Sanitation requirements › Section 20:39:02:03 - Required infection control practices for barber shops and barber schools

Current through Register Vol. 51, page 10, July 15, 2024
Each barber shop and barber school shall observe the
				  following infection control practices:
(1) Chairs, walls, floors, and windows shall
				be kept clean at all times. Barber chairs shall be cleaned by wiping each day.
				Sinks must be cleaned and disinfected after each customer. Mirrors shall be
				washed at least once each business day;
(2) Single-use items, such as emery boards,
				cosmetic sponges, and orangewood sticks, must be disposed of immediately after
				use in a closed waste container;
(3) Multi-use items must be thoroughly washed
				in soap and hot water, rinsed with clean warm water, and disinfected according
				to disinfectant manufacturer instructions. Contact points of all non-immersable
				equipment and metal implements must be disinfected by wiping or spraying with a
				commission-approved disinfectant. After being disinfected multi-use items must
				be stored in clean, closed, and labeled containers between use. The use of any
				multi-use article, tool, or product which cannot be cleaned and disinfected is
				prohibited;
(4)
Blood
				exposure.
For blood exposure involving a client or licensee, the
				following steps must be followed:
(1) If the
				client is bleeding: Stop service; put gloves on; if appropriate, assist client
				to sink and rinse the injured area under running water; pat dry with a new,
				clean, disposable towel; offer or apply antiseptic and an adhesive bandage;
				place all single-use items in a bag and place in a trash receptacle; remove all
				implements from station and properly clean and disinfect the implements; clean
				and disinfect work area; remove and dispose of gloves; wash hands; return to
				service;
(2) If the licensee is
				bleeding: Stop service; explain the situation and excuse yourself the service;
				if appropriate, rinse injured area under running water; pat dry with a new,
				clean, disposable towel; apply antiseptic and an adhesive bandage; put gloves
				on; place all single-use items in a bag and place in a trash receptacle; remove
				all implements from the work area and properly clean and disinfect the
				implements; clean and disinfect work area; remove and dispose of gloves; wash
				hands; if necessary, cover injured area with a protective finger cot or new
				glove; return to service.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:02 - Sanitation requirements › Section 20:39:02:04 - Practices prohibited in barber shops and barber schools

Current through Register Vol. 51, page 10, July 15, 2024
A barber or barber school student may not engage in any of
				  the following prescribed practices:
(1) Allowing the use of the head rest of any
				barber chair under the control of the barber or barber school student unless
				the head rest is covered by a towel that has been washed since its last use or
				by a clean, new paper;
(2)
				Knowingly servicing a person afflicted with a contagious or infectious
				disease;
(3) Allowing the use or
				possession on the work premises of styptic pencils, lump alum, or powder
				puffs.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:02 - Sanitation requirements › Section 20:39:02:05 - Specific sanitation requirements for barber schools

Current through Register Vol. 51, page 10, July 15, 2024
Each barber school shall observe the following sanitation
				  requirements:
(1) Each school must be
				equipped with one high-frequency apparatus for each 10 students; one
				ultra-violet and one infra-red ray lamp for each 20 students; one hair dryer
				for each 20 students; one massage machine with applicators; one stimulax type
				vibrator for each 10 students; one scalp steamer for each 20 students; one
				white, one red, and one blue dermal light; and one high power microscope for
				bacteria and hair study;
(2) Each
				school must maintain a supply of linens, jackets, or uniforms for instructors
				and students;
(3) A school may not
				permit smoking in the workrooms or classrooms of the school by either
				instructors or students;
(4) Each
				school shall provide clean, airy cloakrooms, a separate lecture room, and space
				for a manager's office;
(5) Each
				student shall be supplied with a hamper for soiled towels and one wastepaper
				container. One towel cabinet shall be provided for each two students. Each
				school shall provide one electric latherizer for each two students enrolled in
				the senior department.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:01 - General requirements for initial approval of barber schools

Current through Register Vol. 51, page 10, July 15, 2024
Each barber school shall meet the following requirements to
				  receive board approval:
(1) The
				applicant completes and submits the application form with all
				attachments;
(2) The application is
				accompanied by the fee required in this chapter:
(3) The applicant is in good standing with
				any other agencies the applicant may be licensed by; and
(4) The school passes an inspection ensuring
				that the school meets all the applicable requirements of this chapter:
				and
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-6. 36-14-17.36
					 -14-24.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:01.01 - Transferred

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:02 - Equipment requirements

Current through Register Vol. 51, page 10, July 15, 2024
Each barber school shall possess the following
				  equipment:
(1) An instruction board or
				blackboard in the lecture room;
(2)
				A set of enlarged anatomic charts showing nerves, muscles, blood vessels, bones
				of the head and neck, structure of the hair, and skin structure;
(3) A minimum of one properly working sink
				for each four students present and performing services at any time;
				and
(4) At least one barber chair
				for each student present and performing services on a client; and
(5) Time-keeping system to track student
				hours.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:03 - Inspections of school

Current through Register Vol. 51, page 10, July 15, 2024
Two unannounced inspections shall be made of each school per
				  calendar year. The inspection report will be given to the instructor in charge
				  and present during each inspection.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-6.
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:04 - Length and annual renewal of school license

Current through Register Vol. 51, page 10, July 15, 2024
A barber school license is valid tor a period of one year
				  expiring on June 30. To renew its a license, each the school shall apply to the
				  board by May 1. The renewal application shall state-contain a statement that
				  the school has complied with SDCL 36-14 and this article during the previous
				  year.
The renewal application shall be accompanied by the school's
				  curriculum, and textbook list for review and approval by the
				  board.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:05 - Educational materials requirements for licensed barber schools

Current through Register Vol. 51, page 10, July 15, 2024
Each barber school licensed by this board shall:
(1) Supply each student with or require each
				student to obtain the textbooks necessary to learn the subjects in the schools
				curriculum; and
(2) Supply each
				student with or require each student to obtain a tool kit containing thinning
				shears, cutting shears, changeable straight razor, box of blades for straight
				razor, styling and taper combs, spray bottle for water. mannequin head,
				electric clippers and attachments, electric trimmer, styptic powder. barber
				smock or apron, cape for client protection.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-9.
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:06 - Curriculum Requirements for classroom education

Current through Register Vol. 51, page 10, July 15, 2024
Each barber school offering a complete barber program,
				  totaling 1500 hours, shall meet the following minimum curriculum
				  requirements:
(1) General infection
				control; implements and equipment; first aid; blood exposure standards: 100
				hours;
(2) Professional standards
				and development; effective communication; business practices; and state laws
				and rules: 70 hours;
(3) Scientific
				fundamentals, including hygiene: bacteriology; anatomy; chemistry: electricity:
				diseases of the skin and hair; massaging and manipulating the muscles of the
				upper body: 220 hours:
(4)
				Principles of hair design, scalp care, shampooing, haircutting and hairstyling:
				430 hours:
(5) Chemical hair
				services, including chemical texture services; and hair coloring: 280
				hours:
(6) Shaving, including care
				and use of a straight-edge razor: 130 hours: and
(7) Skin sciences, including physiology and
				histology of the skin: skin care products; chemistry, ingredients and
				selection: 70 hours.
In addition to the hours set forth in this section, each
				  student must receive an additional 200 hours of education. The additional hours
				  of service may be in areas that the school determines are necessary to
				  supplement the basic course requirements for an individual student.
Barber students must spend 150 hours in classrooms,
				  demonstrations, and practice before performing service on any client of the
				  school. A school must teach 1.200 hours of practical work and 300 hours of
				  theory, classroom instruction, and demonstrations.
A school may not require a student to work, be instructed, or
				  earn credit for more than eight hours in a day. However, a school may offer
				  students the option to earn credit for more than eight hours in a day.
A student may receive a maximum of 32 hours for educational
				  field trips if the trip has been approved. For approval the school must
				  complete a Field trip form and attach a lesson plan. The students must be
				  accompanied by an instructor. One licensed instructor shall accompany no more
				  than 15 students.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-17.
South Dakota Administrative Rules › Title 20 - PUBLIC SAFETY › Article 20:39 - BARBERS › Chapter 20:39:03 - Approval of schools › Section 20:39:03:07 - Distance Learning

Current through Register Vol. 51, page 10, July 15, 2024
Students may earn a maximum of 300 hours of theory and
				  classroom demonstrations through distance learning. The distance learning plan
				  must be submitted to the board for approval. All distance learning must be
				  completed using a format that will allow direct supervision of a student by an
				  instructor.
General Authority:
SDCL
					 36-14-9.
Law Implemented:
SDCL
					 36-14-17.