43-35 State Board of Water Well Contractors - North Dakota Statutes

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CHAPTER 43-35STATE BOARD OF WATER WELL CONTRACTORS43-35-01. Declaration of policy. The business or activity of constructing water wells isdeclared to be an industry affecting the public welfare, health, and safety of all the people of
North Dakota and requires the exercise of the sovereign powers of the state for a public purpose,
and it hereby is declared necessary that a state board of water well contractors be established,
which in the exercise of its powers must be deemed to be an administrative agency within the
purview of chapter 28-32.43-35-02. Definitions. As used in this chapter, unless the context or subject matterotherwise requires:1."Board" means the North Dakota board of water well contractors.2."Constructing" a well includes boring, digging, drilling, or excavating and installing
casings, well screens, and other appurtenances.3."Drilling" means making any opening in the earth's surface by drilling, boring, or
otherwise, and includes inserting any object into any part of the earth's surface for
the purpose of obtaining an underground water supply except drainage tiles or
similar devices designed primarily to improve land by removing excess water.4."Water well contractor" means any person who is certified to conduct the business of
well drilling under the provisions of this chapter.5."Well" means any artificial opening or artificially altered natural opening, however
made, by which ground water is sought, including test holes drilled for the purpose of
exploration for and development of ground water, or through which ground water
flows under natural pressure or is artificially withdrawn, provided that this definition
does not include a natural spring, stock ponds, or holes drilled for the purpose of
exploration for production of oil, gas, gravel, or other minerals.43-35-03.State board of water well contractors - Members' appointment -Qualification. The state board of water well contractors consists of the state engineer and the
state health officer, or their duly authorized designees, two water well contractors appointed by
the governor, one geothermal system driller appointed by the governor, one water well pump and
pitless unit installer appointed by the governor, and one member appointed at large by the
governor.43-35-04. Appointive members to qualify - Terms of office - Filling vacancy. Eachappointive member to the board shall qualify by taking the oath of office required of civil officers
and shall hold office for a term of four years or until a successor is appointed and qualified,
except that the initial appointments must be for terms of two and four years, respectively, and
expire on June thirtieth of the respective years. A vacancy on the board must be filled for the
unexpired term in the same manner as was the member whose office is vacant.43-35-05. Officers - Office. The members of the board shall meet annually on thesecond Monday in July at a time and place designated by the president, except that the first
meeting must be held in the office of the state engineer at ten a.m., to select from their number a
president, vice president, and a secretary-treasurer.The secretary-treasurer need not be amember of the board. Additional board meetings may be provided for in the bylaws or rules and
regulations adopted by the board.43-35-06.Secretary-treasurer bond.Promptly upon assuming the office, thesecretary-treasurer shall furnish a bond satisfactory to the board for the faithful performance and
discharge of the secretary-treasurer's duties in an amount determined by the board, the premium
for which is to be paid from board funds.Page No. 143-35-07. Compensation and reimbursement of expenses. Each appointive memberof the board is entitled to receive sixty-two dollars and fifty cents compensation per day and must
be reimbursed for expenses in the same amounts as provided for in sections 44-08-04 and
54-06-09 while attending board meetings or otherwise engaged in the official business of the
board.43-35-08.Office, administrative, and technical personnel - Compensation.Theboard may employ such office, administrative, and technical personnel as it deems necessary
and shall fix their compensation and prescribe their duties. It may retain legal counsel and incur
such other expenses as and when deemed necessary to carry out the provisions of this chapter.43-35-09. Deposit of fees - Use and appropriation of funds. All fees received by thetreasurer under this chapter must be deposited to the credit of the board in the Bank of North
Dakota and disbursed only on order of the president and secretary-treasurer. Funds collected for
certifying and inspections may be expended in such manner as the board deems necessary to
best carry out the provisions of this chapter. All funds accruing to the credit of the state board of
water well contractors are hereby permanently appropriated to the board for the purpose of this
chapter.43-35-10. Powers and duties of board. The board has the power and it is its duty:1.To effectively administer and carry out the provisions of this chapter.2.To adopt bylaws, rules, and regulations for the conduct of the business affairs of the
board and administration of its functions.43-35-11.Certificate required.A person, partnership, firm, corporation, or limitedliability company may not engage in the business of water well contracting or water well pump
and pitless unit installation, monitoring well contracting, or geothermal system drilling unless
certified to do so by the board of water well contractors.43-35-11.1. Conviction not bar to certification - Exceptions. Conviction of an offensedoes not disqualify a person from certification under this chapter unless the board determines
that the offense has a direct bearing upon a person's ability to serve the public as a water well
contractor, or that, following conviction of any offense, the person is not sufficiently rehabilitated
under section 12.1-33-02.1.43-35-12. Examination - When held - Notice. The board shall hold meetings at suchtimes and such places as it shall designate for the purpose of administering an examination to
those persons desiring to become certified as water well contractors, water well pump and pitless
unit installers, monitoring well contractors, or geothermal system drillers. The board shall give no
less than ten days' written notice to each applicant of the time and place of such examination.
The board shall develop separate examinations for the certification of water well contractors,
water well pump and pitless unit installers, monitoring well contractors, and geothermal system
drillers.43-35-13. Certificate - How obtained - Fee - Bond.1.Any person who takes the examination to become a certified water well contractor
must first complete a minimum of one-year apprenticeship or experience in water
well drilling and construction under the direct supervision of a certified water well
contractor or have completed a career and technical education program of at least
one year in water well construction and shall make application to the board.2.Any person who takes the examination to become a certified water well pump and
pitless unit installer must first complete a minimum of one-year apprenticeship or
experience in water well pump and pitless unit installation under the direct
supervision of a certified water well pump and pitless unit installer or have completedPage No. 2a career and technical education program of at least one year in water well pump
and pitless unit installation.3.Any person who takes the examination to become a certified monitoring well
contractor must first complete a minimum of one-year apprenticeship or experience
in monitoring well construction under the direct supervision of a certified water well
contractor or a certified monitoring well contractor or have completed a career and
technical education program of at least one year in water well construction or hold a
bachelor's degree in engineering or geology from an approved school and shall
make application to the board.4.Any person who takes the examination to become a certified geothermal system
driller must first complete either a minimum of one year of apprenticeship under the
direct supervision of a certified geothermal system driller or have a minimum of two
thousand forty installation hours of experience in geothermal system drilling working
under the direct supervision of a certified geothermal system driller, or, in the
alternative, must first complete career and technical education relating to geothermal
system drilling lasting at least one school year.5.A person applying to take a certification examination shall pay to the board treasurer
a nonrefundable examination fee in the amount of ten dollars. If upon examination
the applicant is found to be qualified as a water well contractor, a water well pump
and pitless unit installer, a monitoring well contractor, or a geothermal system driller,
the board shall issue to that person an appropriate certificate upon the applicant's
executing and filing with the board a bond as required in this chapter. The board
may offer a combined examination for certification of a person as a water well
contractor and a water well pump and pitless unit installer and may issue a single
certificate for successful completion of the combined examination.Certificatesissued under this chapter are not transferable.43-35-14. Bond required. Before receiving a certificate under this chapter, a qualifiedapplicant shall execute and deposit with the board a surety bond in the amount of two thousand
dollars conditioned for the faithful performance of all water well, monitoring well, pump and
pitless unit, or geothermal system installation contracts undertaken by the applicant and the strict
compliance with this chapter.43-35-15.Certification of persons previously engaged in contracting.Uponapplication and sworn affidavit and the payment of a registration fee in the amount of twenty
dollars, the board shall issue a certificate, without an examination, to any person who has been
engaged in the business of a water well contractor as an occupation for at least one year prior to
July 1, 1971.43-35-15.1. Certification of persons engaged in installation of water well pumpsand pitless units prior to certification requirement. Upon application and sworn affidavit and
the payment of a registration fee of not more than fifty dollars, as set by the board, the board
shall issue an appropriate certificate, without examination, to any person who has been engaged
in the business of water well pump and pitless unit installation as an occupation for at least one
year prior to July 1, 1985, if the application is made prior to July 1, 1986. A person certified as a
water well contractor under this chapter before July 1, 1985, is deemed to be properly certified as
a water well pump and pitless unit installer under this chapter subject to the renewal provisions of
section 43-35-17 and is not required to apply for and receive a separate certificate under this
section.43-35-15.2. Certification of persons engaged in monitoring well contracting prior tocertification requirement.Upon application and sworn affidavit and the payment of aregistration fee of not more than fifty dollars, as set by the board, the board shall issue an
appropriate certificate, without examination, to any person who has been engaged in the
business of monitoring well contracting as an occupation for at least one year prior to July 1,
1987, if the application is made prior to July 1, 1988.A person certified as a water wellPage No. 3contractor under this chapter before July 1, 1987, is deemed to be properly certified as a
monitoring well contractor under this chapter subject to the renewal provisions of section
43-35-17 and is not required to apply for and receive a separate certificate under this section.43-35-15.3.Certification of persons engaged in drilling of geothermal systemsbefore certification requirement. Upon application and sworn affidavit and the payment of a
registration fee of not more than fifty dollars, as set by the board, the board shall issue an
appropriate certificate, without examination, to any person who has been engaged in the
business of geothermal system drilling as an occupation for at least one year before July 1, 2007,
if the application is made before July 1, 2008.43-35-16. Display of certification. The board shall furnish each certified water wellcontractor a decal for each drill rig the contractor owns or leases. Such decal must be displayed
in a conspicuous place on the drill rig.43-35-17. Renewal of certificate - Continuing education. A certificate issued underthis chapter is valid for up to one year and expires on the thirty-first day of December in the year
of issuance. The certificate may be renewed by the board upon application. Every two years the
application must include reporting information that the applicant completed six hours of
continuing education during the two-year reporting cycle which meets continuing education
standards adopted by the board. The application must be made before April first in the year
following the certificate's expiration, must be accompanied by a fee in an amount set by the
board not to exceed fifty dollars, and must be accompanied by a bond as provided in section
43-35-14.43-35-18.Firm engaged in water well work to employ certified water wellcontractor - Exception.No person, partnership, association, corporation, or limited liabilitycompany shall engage in the business of constructing a water well in this state unless at all times
a certified water well contractor, who is responsible for the proper construction or alteration
thereof, is in charge; provided, however, that nothing in this chapter shall be construed so as to
prohibit any person, partnership, association, corporation, or limited liability company from
constructing any water well on the person's or entity's own premises for the person's or entity's
own use.43-35-18.1. Firm engaged in installation of water well pump and pitless units toemploy certified installer - Exception. No person may engage in the business of installing
water well pumps and pitless units in the state after July 1, 1986, unless a certified installer, who
is responsible for the proper installation of the pump and pitless unit, is in charge of the
installation. This chapter does not prohibit any person from installing water well pumps and
pitless units on that person's own premises for that person's own use.43-35-18.2. Firm engaged in monitoring well work to employ certified monitoringwell contractor - Exception.No person may engage in the business of constructing amonitoring well in this state unless at all times a certified monitoring well contractor, who is
responsible for the proper construction or alteration thereof, is in charge. This section does not
prohibit any person from installing monitoring wells on that person's own premises for that
person's own use.43-35-18.3.Firm engaged in drilling of geothermal systems to employ certifieddriller - Exception. A person may not engage in the business of drilling geothermal systems in
the state after July 1, 2008, unless a certified driller, who is responsible for the proper drilling of
the geothermal system, is in charge of the drilling. This chapter does not prohibit a person from
drilling geothermal systems on that person's own premises for that person's own use.43-35-19. Standards for well drilling - Reports required. All construction of waterwells must comply with the rules adopted by the state department of health. Within thirty days
after the completion of each well, each water well contractor shall furnish to the board on forms
provided by the board such information as the state department of health shall require, including
a log of formations penetrated, well depth, and casing size and weight. A copy of each reportPage No. 4must also be furnished to the customer. All information submitted must remain the property of
the board.43-35-19.1. Standards for installation of water well pumps and pitless units. Allinstallation of water well pumps and pitless units must comply with the rules adopted by the state
department of health and the board.43-35-19.2. Standards for installation of monitoring wells - Reports required. Allmonitoring wells constructed must comply with the rules adopted by the state department of
health and the board. Each monitoring well contractor shall furnish all reports required by the
rules of the state department of health or the board.43-35-19.3. Standards for drilling of geothermal systems. All drilling of geothermalsystems must comply with the rules adopted by the state geologist and the board.43-35-20. Revocation or suspension of certificate - Grounds for - How reinstated.The board may suspend or revoke any certificate issued under the provisions of this chapter if
the holder is found guilty by the board of any violation of the rules adopted by the state
department of health or the board after a hearing duly held substantially in conformance with
chapter 28-32. Six months after any certificate has been revoked, an application may be made
for another certificate in the same manner as a new certificate is obtained.43-35-21.Certification to nonresidents - Reciprocity.To the extent other statesproviding for the certification of water well contractors, monitoring well contractors, water well
pump and pitless unit installers, or geothermal system drillers provide for similar action, the board
may grant certification to water well contractors, monitoring well contractors, water well pump
and pitless unit installers, and geothermal system drillers certified by other states, upon payment
by the applicant of the required fee and the furnishing of a bond as provided by section 43-35-14,
after being furnished with proof that the qualifications of the applicant are equal to the
qualifications of holders of such certificates in this state.43-35-22. Contracting without certification - Penalty. Any person contracting to drill awater well or monitoring well, drill a pump or pitless unit, or drill a geothermal system for another
without being certified in accordance with this chapter, or otherwise violating this chapter, is guilty
of an infraction.43-35-23. Continuing education - Preapproval requirements. Each certificate holdershall earn at least six hours of board-approved continuing education during every two-year
reporting cycle to qualify for certificate renewal, except a new certificate holder is not required to
earn continuing education until the second renewal year following initial certification. Continuing
education coursework may be provided by the national ground water association, the North
Dakota well drillers association, incorporated, a board-sponsored workshop, the state department
of health, the state water commission, or by any board-approved course provider. A continuing
education course must be preapproved by the board unless otherwise provided under this
section. A continuing education course provider or a certificate holder shall request preapproval
of continuing education coursework by submitting to the board a course outline, the instructor's
name, the length of the training, and an explanation of how the training relates to the construction
and service of water wells. A certificate holder may request approval of education that was not
preapproved by submitting to the board verification of attendance, a course outline, and an
explanation of why preapproval was not obtained. The board shall determine on a case-by-case
basis whether to approve education that was not preapproved.Page No. 5Document Outlinechapter 43-35 state board of water well contractors