March 26, 1982

Mr. Robert D. Voeltz 
Administrator 
State Electrical Commission 
125 West Capitol Avenue 
Pierre, South Dakota 57501

Official Opinion No. 82-16

State and Municipal Regulation of Electricians

Dear Mr. Voeltz:

You have requested an Official Opinion from this office based upon the following facts:

FACTS: 

1.  SDCL 36-16-20 sets out the bond and insurance requirements for electrical contractors or class B electricians. 

2.  SDCL 36-16-35 authorizes political subdivisions within the state to make and enforce requirements more stringent than those of the state in regulating electricians and electrical contractors. 

3.  ARSD 20:44-07 sets out the procedure by which municipality or power suppliers may establish a local inspection system.

Several cities within South Dakota require that an electrician must obtain a city permit before engaging in electrical work within the city.  These cities require that an electrician must submit to an examination to secure a city permit, in addition to requiring an applicant to hold a valid state permit.

Based on the above facts you have asked the following question:

QUESTION: 

Is there any conflict of interest or illegality involved, based on the above-cited statutes and regulations, in cities within the state requiring an electrician to submit to an examination and obtain a city electrical permit  as a condition of performing electrical work within said cities?

SDCL 9-34-12 provides that: 

Every municipality shall have power to license, tax, and regulate plumbers, electricians, and electrical workers.

In City of Sioux Falls v. Kadinger, 75 S.D. 86, 59 N.W.2d 631 (1953), the South Dakota Supreme Court held that a municipality, acting pursuant to SDC 45.0201(64), the statutory predecessor of SDCL 9-34-12, could require the examination and licensing of persons engaged in plumbing.  A connected case, City of Sioux Falls v. Kadinger, 74 S.D. 217, 50 N.W.2d 797 (1951), also upheld the city's authority to regulate plumbing.  A municipality may regulate those occupations which affect the safety, health and welfare of its citizens. It is my opinion that a city may require an electrician to take an examination, in addition to meeting state requirements for a permit, in order to be licensed to perform electrical work within the city.

In addition to the authorities cited above, SDCL 36-16-35 provides that: 

Nothing in this chapter [governing regulation of electricians and electrical contractors] shall prohibit any municipality, rural electric cooperative, private utility, or political subdivision of the state from making and enforcing more stringent requirements than those set forth in this chapter, and such requirements shall be complied with.

This statutory provision lends additional support to a city's power to  regulate and license electricians.  The city would not be prohibited from imposing 'more stringent requirements' as long as they are reasonably related to the qualifications of those engaging in electrical work.

Respectfully submitted,

Mark V. Meierhenry
Attorney General