2012 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-35 State Board of Water Well Contractors
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CHAPTER 43-35
STATE BOARD OF WATER WELL CONTRACTORS
43-35-01. Declaration of policy.
The business or activity of constructing water wells is declared 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 matter otherwise 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under natural pressure or is artificially withdrawn, provided that this definition does not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.
Each appointive 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 the second 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 a member 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, the secretary-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.
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43-35-07. Compensation and reimbursement of expenses.
Each appointive member of 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.
The board 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 the treasurer 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 limited liability 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 offense does 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 such times 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
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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 completed a career and
technical education program of at least one year in water well pump and pitless unit
installation.
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.
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.
A person applying to take a certification examination shall pay to the board treasurer a
nonrefundable examination fee in the amount of one hundred 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. Certificates issued
under this chapter are not transferable.
43-35-14. Bond required.
Before receiving a certificate under this chapter, a qualified applicant 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.
Repealed by S.L. 2011, ch. 325, § 3.
43-35-15.1. Certification of persons engaged in installation of water well pumps and
pitless units prior to certification requirement.
Repealed by S.L. 2011, ch. 325, § 3.
43-35-15.2. Certification of persons engaged in monitoring well contracting prior to
certification requirement.
Repealed by S.L. 2011, ch. 325, § 3.
43-35-15.3. Certification of persons engaged in drilling of geothermal systems before
certification requirement.
Repealed by S.L. 2011, ch. 325, § 3.
43-35-16. Display of certification.
The board shall furnish each certified water well contractor a decal for each drill rig the
contractor owns or leases. Such decal must be displayed in a conspicuous place on the drill rig.
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43-35-17. Renewal of certificate - Continuing education.
A certificate issued under this 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 two hundred 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 well contractor Exception.
No person, partnership, association, corporation, or limited liability company 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 to
employ 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 monitoring well
contractor - Exception.
No person may engage in the business of constructing a monitoring 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 certified driller 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 water wells 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 report must 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.
All installation of water well pumps and pitless units must comply with the rules adopted by
the state department of health and the board.
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43-35-19.2. Standards for installation of monitoring wells - Reports required.
All monitoring 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 geothermal systems 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 states providing 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 a water 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 holder shall 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.
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