STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL
July 29, 1975
Mr. Kenneth W. Spielman
Office Manager
South Dakota State Electrical Board
125 West Capitol Avenue
Pierre, South Dakota 57501
OFFICIAL OPINION NO. 75-132
Conflict of laws, namely; SDCL 36-16 Electrical Law and SDCL 34-34A which is the Mobile Home Safety Law
Dear Mr. Spielman:
You have requested an opinion from this office with respect to three factual situations. I shall deal with these factual situations in their order of presentation in your letter. Situation No.1:
A mobile home comes into South Dakota as a unit with the consumer’s protection sticker on it. The individual who purchased this unit has constructed a basement upon which the unit is placed. The owner hires an electrician to install the lighting, receptacles, switches and other items in the basement.
Based on the above factual situation you have asked the following questions:
1. Is the person doing the electrical installation, if he is not the owner, in the basement required to have an electrical license?
2. Is he (owner or electrician) required to report the installation to the State Electrical Board?
3. Is the owner required to pay the inspection fee on the installation as required by the Rules of the State Electrical Board?
4. Does the Electrical Board's inspector have the authority to inspect the installation and does he have the jurisdiction to be able to approve or condemn the installation for safety to life and property?
With respect to Question No. 1 above, SDCL 36-16-1 provides:
In order to safeguard life and property from electrical hazards, any person, firm, partnership or corporation engaged or offering to engage in business as an electrical contractor as defined in Section 36-16-2, or any person performing the work, as defined in this chapter, shall be issued a permit and register with the State Electrical Board before he is to undertake and perform such work to the end that any such work will be safely and properly installed in accordance with approved standards for such work; and it shall be unlawful for any person, firm, partnership or corporation to engage in such business or such work unless the terms of this chapter shall have been complied with.
SDCL 36-16-2 Subdivision 4 defines electrical contractor as "a person having the necessary qualifications, training, experience, and technical knowledge to plan, layout, and supervise the installation and repair of electrical wiring, apparatus, and the equipment for electric light, heat and power in accordance with the standard rules and regulations governing such work; and who undertakes or offers to undertake with another to plan for, layout, supervise and install or to make additions, alterations and repairs in the installation of such work."
It appears to me that the above cited provisions clearly require the persons doing the electrical installation in the fact situation you present, to be licensed pursuant to SDCL 36-16.
With respect to the second question you raise as to the reporting requirements, SDCL 36-16-28 provides:
Every person registered under the provisions of this chapter and doing electrical work covered by this chapter shall report the same to the secretary of the state electrical board upon blanks furnished by the board for that purpose.
This provision clearly requires the electrician to report this installation to the State Electrical Board.
In response to your third question concerning the inspection fee, SDCL 36-16-30 provides:
The state electrical board may collect from the electrical contractor, electrician or other person responsible for the installation a reasonable fee toward the cost of inspection.
It appears to me that this statutory authority coupled with the rules and regulations of the State Electrical Board as to what fees are to be required does require the person responsible for installation to pay such fee.
With respect to your fourth question as to the authority of the Electrical Board Inspector to inspect the installation and to approve or condemn the installation, SDCL 36-16-29 provides:
The state electrical board shall approve inspectors qualified in accordance with subdivisions (5) and (6) of § 36-16-2 and shall, in compliance with chapter 1-26, establish the rules and regulations to be followed by said inspectors. Said inspectors may after notice of any electrical wiring installations inspect such electrical installations and approve or condemn the same except on work covered in § 36-16-16. A report of such inspections shall be made on forms prescribed by the board.
The language of SDCL 36-16-29 clearly authorizes the Electrical Board inspector to inspect the installation and to approve or condemn the installation. (SDCL 36-16-16 constitutes an exception to this authority.)
The second fact situation which you present is as follows:
A mobile home is shipped and received in South Dakota with a central air conditioner, or the air conditioner is purchased afterwards and is to be connected to power and controls. The same questions apply to this situation also.
In my opinion the comments made with regard to the first situation would also be applicable to this situation.
The third factual situation upon which you request our opinion is as follows:
A mobile home is shipped and received and connected with a cord from the pole to the mobile home or the power is brought in underground into the mobile home distribution box. Does the State Electrical Board have jurisdiction from the pole service to the mobile home distribution box?
SDCL 36-16-13 provides:
Every person, partnership, company, corporation or association that for a fixed sum, price, fee, percentage or other consideration, undertakes or offers to undertake with another to plan, layout supervise, install, make additions, make alterations, or make repairs, in the installation of wiring, apparatus or equipment for electric lights, heat or power, shall apply to the state electrical board for a permit. ..
Based on the above statutes, it is my judgment that the State Electrical Board has the power to license, regulate, inspect, and approve or condemn, the electric lines from the pole service to the mobile home distribution box.
Respectfully submitted,
William Janklow
Attorney General
WJJ:DOC:dk
