April 7, 1986

Bob D. Voeltz 
Administrator 
State Electrical Commission 
125 West Capitol 
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 86-10

Electrical Commission jurisdiction on Indian reservations

Dear Mr. Voeltz:

You have asked for an official opinion from this office based on the following facts:

FACTS: 

A South Dakota licensed electrician did an electrical wiring job on the reservation.  We discovered the job during routine inspection of another inspection job.  The job did not have a wiring certificate posted on the job as required by SDCL 36-16 and ARSD 20:44.  The job requires numerous corrections to meet the minimum requirement of the National Electrical Code as adopted by the state of South Dakota. 

The electrician (licensed person by the State of South Dakota) takes the position that he is not required to post a wiring certificate on the reservation and we do not have legal jurisdiction over him or the job on the reservation.

Based on the above facts, you have asked the following questions:

QUESTIONS: 

Does the South Dakota State Electrical Commission and/or their electrical inspectors have any legal jurisdiction over this wiring job insofar as (1) the South Dakota licensed electrician is concerned or (2) the actual wiring job itself?

IN RE QUESTION 1:

SDCL 36-16-27 requires that, inter alia, 'all electrical wiring, apparatus or equipment shall comply with the rules and regulations promulgated and adopted by the state electrical board.'  ARSD 20:44:04 requires wiring certificates for electrical work.  The fact that the electrical work was performed on an Indian reservation does not eliminate the wiring certificate requirement.  Application of uniform standards concerning the performance of electrical work is intended to benefit all persons who reside within the borders of South Dakota, whether they live on or off the reservation.  An electrical contractor cannot escape the consequences of his shoddy work simply because that work was performed on the reservation.  An electrical contractor must comply with the rules and regulations of the Commission no matter where he works.  SDCL 36-16-1 requires an electrical contractor to register with the Commission and obtain a permit before engaging in any sort of electrical work. If the electrician fails to remedy his work to meet the requirements of the National Electrical Code, then the Commission, pursuant to SDCL 36-16-33, could move to revoke his permit.  In answer to the first part of your question, therefore, it is my opinion that the Commission does have jurisdiction over the wiring job insofar as the licensed electrician is concerned, as set forth  above.

IN RE QUESTION 2:

As to the actual wiring job itself, the fact that the Commission can require the electrician to correct his work renders the second part of your question moot.

Respectfully submitted,

Mark V. Meierhenry
Attorney General