(1) Before contracting for the
construction of a well, the installation of a ground heat exchanger, or the
installation of pumping equipment, an individual shall obtain a license for one or
more methods of well construction, ground heat exchanger installation, or pump
installation from the board and shall secure a registration from the board for each
well-drilling, ground heat exchanger, or pump-installing rig to be operated or
leased by the individual or the individual's employee.
(2) The board shall issue a license to each applicant who files an application
upon a form and in such manner as the board prescribes, accompanied by such fees
and bond as required by section 37-91-107, and who furnishes evidence satisfactory
to the board that the applicant:
(a) Is at least twenty-one years of age;
(b) Is a citizen of the United States or has declared his intention to become a
citizen;
(c) (Deleted by amendment, L. 2003, p. 1678, � 5, effective May 14, 2003.)
(d) Has not less than two years' experience in the type of well construction
work, ground heat exchanger work, or pump installation work for which the
applicant is initially applying for a license; however:
(I) An individual who is licensed in one or more methods of well construction
is eligible without further experience to take an examination to obtain a license for
a different method of well construction;
(II) An individual who is licensed for installing one or more types of pumps is
eligible without further experience to take an examination to obtain a license for a
different type of pump installation;
(III) An individual's education in an accredited program approved by the
board may substitute for well construction, ground heat exchanger installation, or
pump installation experience upon application to and acceptance by the board; and
(IV) An individual's possession of a license for well construction may
substitute for ground heat exchanger installation experience upon application to
and acceptance by the board.
(e) Demonstrates professional competence by passing a written and oral
examination prescribed by the board.
(2.5) The board shall issue a special license for the use of special equipment
or limited procedures in well construction, ground heat exchanger installation, or
pump installation to each applicant who files an application upon a form and in such
manner as the board prescribes, accompanied by such fees and bond as are
required by section 37-91-107, and who furnishes evidence satisfactory to the board
that the applicant meets the requirements established in subsection (2) of this
section; except that a special licensee is not eligible to take an examination to
obtain a license for a different method of well construction, ground heat exchanger
installation, or pump installation unless the licensee has at least two years of
experience in the method of well construction, ground heat exchanger installation,
or pump installation for which the additional license is sought.
(3) Upon investigation of the application and other evidence submitted, the
board shall, not less than thirty days prior to the examination, notify each applicant
that the application and evidence submitted for licensing is satisfactory and
accepted, or unsatisfactory and rejected; if rejected, said notice shall state the
reasons for such rejection.
(4) The place of examination shall be designated in advance by the board
and shall be given annually and at such other times as, in the opinion of the board,
the number of applicants warrants.
(5) The examination must consist of an oral and written examination and
fairly test the applicant's knowledge and application of the following subjects,
respectively, depending on the license type:
(a) For a well construction contractor license: Basics of drilling methods,
specific drilling methods, and basics of well construction and the applicant's
knowledge and application of state laws and local ordinances concerning the
construction of wells and rules adopted in connection with such laws and
ordinances;
(b) For a pump installation contractor license: Basics of pump installation
methods, specific pump installation methods and associated pumping equipment,
and the applicant's knowledge and application of state laws and local ordinances
concerning the installation of pumping equipment and rules adopted in connection
with such laws and ordinances; and
(c) For a ground heat exchanger contractor license: Basics of ground heat
exchanger installation, specific methods related to ground heat exchanger
installation, and the applicant's knowledge and application of state laws and local
ordinances concerning the installation of ground heat exchangers and rules
adopted in connection with such laws and ordinances.
(6) If an applicant fails to receive a passing grade on the examination, the
applicant may reapply for examination after forty-five days and shall pay a
reexamination fee upon such reapplication.
(7) Each licensee shall complete eight hours of continuing education as
approved by the board every year in order to maintain or renew a license.
(8) (a) Until the governor appoints to the board a member with ten or more
years of ground heat exchanger experience, and until the board adopts rules
concerning the licensing of ground heat exchanger contractors, an individual
operating pursuant to a permit issued from the state engineer may install ground
heat exchangers in accordance with rules adopted by the state engineer pursuant
to section 37-90.5-106.
(b) After the time frame described in subsection (8)(a) of this section, an
individual operating under a permit issued by the state engineer who applies for a
ground heat exchanger contractor license is required to pass an oral examination
pursuant to subsection (2)(e) of this section but is not required to:
(I) Demonstrate their experience pursuant to subsection (2)(d) of this section;
or
(II) Pass a written examination pursuant to subsection (2)(e) of this section.