South Dakota Codified Laws
Chapter 18A - Technical Professions
Section 36-18A-2 - Practice of architecture defined.

36-18A-2. Practice of architecture defined.
For the purposes of this chapter, the term, practice of architecture, means the practice or offering to practice any service in connection with the design, evaluation, construction, enlargement, or alteration of a building or group of buildings and the space within and surrounding such buildings, which have as their principal purpose human occupancy or habitation. Such service includes consultation; evaluation; planning; providing preliminary studies; designs; overall interior and exterior building design; preparation of drawings, specifications, and related documents and other technical submissions; construction administration services which include the review or observation of construction for the purpose of determining whether the work is in general accordance with the design, drawings, specifications, codes, and other technical submissions; and coordination of services furnished by the architect, licensed professional engineers, and other consultants as they relate to architectural work in connection with the design and construction of any private or public building, building project, or integral part or parts of buildings, or any addition or alteration thereto. The term also includes representation of clients in connection with the construction administration services entered into between clients and contractor and others.

Source: SL 1999, ch 195, §2; SL 2007, ch 219, §4.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 36 - Professions and Occupations

Chapter 18A - Technical Professions

Section 36-18A-1 - Definition of terms.

Section 36-18A-1.1 - Inactive licensee defined.

Section 36-18A-2 - Practice of architecture defined.

Section 36-18A-3 - Practice of engineering, design coordination, and engineering studies defined.

Section 36-18A-4 - Practice of land surveying defined.

Section 36-18A-5 - Practice of landscape architecture defined.

Section 36-18A-6 - Practice of petroleum release assessment defined.

Section 36-18A-7 - Practice of petroleum release remediation defined.

Section 36-18A-8 - License required to practice professions enumerated in chapter.

Section 36-18A-9 - Certain persons exempt from provisions of chapter.

Section 36-18A-10 - Building consisting of more than one type of occupancy--Limitations for each type.

Section 36-18A-11 - Design-build services by contractor.

Section 36-18A-12 - Certain services performed by authorized petroleum release business exempt.

Section 36-18A-13 - Incidental cross-practice by architects and engineers.

Section 36-18A-14 - Board of Technical Professions created--Certificate of appointment--Oath of office--Number and terms of members--Composition.

Section 36-18A-15 - Board member qualifications.

Section 36-18A-16 - Immunity of board members--Attorney general to represent board.

Section 36-18A-17 - Removal of board member--Filling of vacancies.

Section 36-18A-18 - Board to elect officers--Meetings--Quorum--Inclusion in blanket bond.

Section 36-18A-19 - Accounting for moneys received--Disbursement of funds--Vouchers and warrants.

Section 36-18A-20 - Employment of counsel and assistance in enforcement.

Section 36-18A-21 - Employment of executive director and staff--Offices.

Section 36-18A-22 - Board to promulgate rules--Scope of rules--Existing rules remain in effect.

Section 36-18A-23 - Board continued within Department of Labor and Regulation--Retains functions of previous commission.

Section 36-18A-24 - Record and report policy.

Section 36-18A-25 - Engineering intern--Qualifications.

Section 36-18A-26 - Professional engineer licensure qualifications--Board to establish criteria.

Section 36-18A-27 - Architect licensure qualifications--Certification by National Council of Architectural Registration Boards in lieu of qualifications--Board to establish criteria.

Section 36-18A-28 - Land surveying intern qualifications--Board to establish criteria.

Section 36-18A-29 - Land surveyor qualifications--Board to establish criteria.

Section 36-18A-30 - Landscape architect qualifications--Certification by Council of Landscape Architectural Registration Boards in lieu of qualifications--Board to establish criteria.

Section 36-18A-31 - Petroleum release assessor or remediator--Qualifications--Board to establish criteria.

Section 36-18A-32 - Oral interview--Failure to provide information as grounds for disciplinary action--Interpretation of experience and education.

Section 36-18A-33 - Examination requirements--Fees.

Section 36-18A-34 - Notice of results--Reexamination--Fees.

Section 36-18A-35 - Licensure--Comity consideration--Promulgation of Rules--Fee.

Section 36-18A-36 - License issued to successful applicant.

Section 36-18A-37 - Display of license in place of business--Replacement license.

Section 36-18A-38 - Practice permitted recipient of license--Use of titles--License as evidence.

Section 36-18A-39 - Expiration and biennial renewal of licenses--Continuing professional education.

Section 36-18A-40 - Failure to complete continuing professional development requirements as grounds for nonrenewal--Inactive or retired status.

Section 36-18A-41 - Advance notice by board of expiration of license, professional development requirements, and fees.

Section 36-18A-42 - Reinstatement of expired license or request for inactive status--Time limits--Requirements for reinstatement.

Section 36-18A-43 - Request for inactive or retired status--Fee.

Section 36-18A-44 - Seal of licensees--Contents--Signature--Certain persons prohibited from using seal.

Section 36-18A-45 - Seal, signature, and date as certification that work done by licensee--Documents on which seal required.

Section 36-18A-45.1 - Digital signatures.

Section 36-18A-46 - Construction administration services to be provided by architect or engineer.

Section 36-18A-46.1 - Completion of work--Successor licensee--Nonprofessional services.

Section 36-18A-47 - Firm or office to have appropriately licensed person in charge.

Section 36-18A-48 - Business entity must obtain certificate of authorization--Responsibility for acts of individuals.

Section 36-18A-49 - Application for certificate of authorization--Contents.

Section 36-18A-50 - Issuance of certificate of authorization--Certificate not transferable--Exempt business.

Section 36-18A-51 - Business to report changes in information supplied on application--Time limit.

Section 36-18A-52 - General provisions applicable to business entities.

Section 36-18A-53 - Employee not responsible for corporate violations--Exception.

Section 36-18A-54 - Board inquiries and investigation of violations--Report and prosecution.

Section 36-18A-55 - Board authorized to administer oaths, subpoena witnesses--Court order to compel compliance.

Section 36-18A-56 - Proof of injury not necessary for board action on certain violations.

Section 36-18A-57 - Disciplinary remedies available to board.

Section 36-18A-58 - Additional remedies.

Section 36-18A-59 - Proceedings for revocation or suspension of license.

Section 36-18A-60 - Findings and actions of board subject to appeal.

Section 36-18A-61 - Civil remedies available to board.

Section 36-18A-62 - Service of cease and desist order.

Section 36-18A-63 - Report issued after hearing--Further order.

Section 36-18A-64 - Order becomes final if no hearing requested--Other remedies not precluded.

Section 36-18A-65 - Prohibited acts--Violation as Class 2 misdemeanor.

Section 36-18A-66 - Prohibited acts--Repeated violation as Class 1 misdemeanor.

Section 36-18A-67 - Fee to reimburse board for costs.

Section 36-18A-68 - Limitation on liability of licensed professionals--Exception.

Section 36-18A-69 - Contracts in violation unenforceable.

Section 36-18A-70 - Plans, specifications, plats and submissions in violation unacceptable.

Section 36-18A-71 - Register of deeds not to record land survey documents which do not contain signature, seal and date.

Section 36-18A-72 - Board to establish procedures and standards for certification of environmental technical services.

Section 36-18A-73 - Certification required for environmental technical services--Violation as misdemeanor.

Section 36-18A-74 - Continuation of licenses and enrollments issued under chapter 36-18.

Section 36-18A-75 - Certain activities of golf course designers authorized--"Golf course designer" defined.

Section 36-18A-76 - Limitation on liability of architects and engineers related to services provided upon request of official following disaster or catastrophic event.