A provision buried in North Dakota's SB2308 creates a new compliance requirement for any child care facility that maintains its own water system.
Most child care owners in North Dakota don't realize that a provision tucked into SB2308 directly affects how they can operate water wells and related systems on their property. If your facility relies on a private well, geothermal system, or pump installation—or if you're planning to drill one—this change matters to your business continuity and compliance.
Section 20 of SB2308 (found on page 12 of the bill) establishes a new mandate: any work on water wells, pump and pitless unit installations, monitoring wells, or geothermal drilling must be performed under the direct supervision of a state-certified individual. This person must be "in charge" during the actual construction or installation work.
In practical terms, this means child care facilities cannot hire just any contractor to drill a well, install a pump system, or perform geothermal work. The contractor performing the work must hold state certification, or the facility must employ someone with that certification to oversee the work.
This requirement applies to any child care operation that:
If your facility uses municipal water, this does not apply. But if you're responsible for your own water system—common in rural North Dakota—you need to understand this obligation.
The effective dates vary by work type. The pump and pitless unit installer requirement references July 1, 1986, and the geothermal driller requirement references July 1, 2008. These dates indicate when the underlying certification requirements were established; SB2308 reinforces and clarifies the mandate going forward.
If you currently have contractors performing this work without state certification, or if you're planning future water system work, you'll need to verify certification status before work begins.
Review any existing contracts or service agreements with well drillers, pump installers, or geothermal contractors. Ask directly whether the person performing the work holds state certification from North Dakota's Board of Water Well Contractors. If you're planning new work, make certification a requirement in your bid specifications and contracts.
If you're unsure whether your current water system contractor is certified, contact the North Dakota Board of Water Well Contractors directly to verify. This is a straightforward compliance step that protects both your facility and ensures the work meets state standards.
The requirement exists to protect water quality and system integrity—important for any child care setting. Understanding it now prevents operational disruptions and compliance issues down the road.
SB2308, Section 20, page 12. For a detailed, facility-specific guide to this requirement, contact your state child care licensing office or the North Dakota Board of Water Well Contractors.