Title 34 — PUBLIC HEALTH AND SAFETY

Terms as used in this chapter mean: (1) "Alternative," a system, condition, arrangement, material, or equipment submitted to the fire marshal as a substitute for a code requirement; (2) "Approval," to sanction officially by signature or certificate; (3) "Approved," acceptable to …

The state fire marshal may inspect or cause to be inspected premises as authorized in this chapter on a periodic basis, and may make any orders as may be necessary for the enforcement of the laws and regulations governing the same and for the safeguarding of life and property fro…

The state fire marshal may summarily abate any condition that is in violation of any provision of this chapter that presents immediate fire hazard to life or property. Source: SL 1991, ch 283 , § 11.

The state fire marshal, after consultation with the Governor and the affected board of county commissioners, may prohibit or restrict open burning within a county in order to protect the public health and safety. This section does not limit or affect the laws of this state relati…

Any person aggrieved by any action or decision of the state fire marshal pursuant to this chapter may seek review of such action or decision by the secretary of public safety pursuant to the contested case provisions of chapter 1-26 . The decision of the secretary of public safet…

The state fire marshal may commence actions for injunction for violation of this chapter or regulations promulgated pursuant to this chapter. Source: SL 1991, ch 283 , § 14.

It is a Class 1 misdemeanor for any person to permit or maintain any situation, circumstances, or condition which is in violation of any order of the state fire marshal. It is also a Class 1 misdemeanor to disobey any provision of the order or to fail to comply with any written v…

Each application for an alternative shall be filed with the state fire marshal and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as may be required to justify the request. The state fire marshal shall keep a record o…

Except as provided in this chapter, if the state fire marshal finds violations of this chapter, a written notice shall be issued to confirm such findings. The notice shall set forth a time limit for compliance, which limit shall be correlated to the degree of hazard created by th…

Any order or notice issued pursuant to this chapter may be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, first class mail, registered or certified mail. For unattended or abandoned locations, a c…

The state fire marshal may revoke, suspend, or deny the granting of any approval required by this chapter or regulation, for noncompliance with the provisions of such or failure to meet the provisions of this chapter. Source: SL 1991, ch 283 , § 19.

A State Fire Marshal's Advisory Board is hereby established consisting of five members who shall be appointed by the Governor. Not all the members may be of the same political party. The Governor shall attempt to appoint individual members to represent the firefighters, fire equi…

The State Fire Marshal shall establish a program of fire prevention, fire investigation, fire training, and public fire education. The secretary of public safety may promulgate rules, pursuant to chapter 1-26 , to protect the health or safety of persons from fire and like emergen…

The term of office for members of the advisory board shall be four years. Any member is subject to removal by the Governor at any time for neglect of his duties or for other cause which in the opinion of the Governor makes his continued membership unwise in the public interest. T…

The secretary of public safety shall be ex - officio chairman of the fire marshal's advisory board. Source: SL 1991, ch 283 , § 22; SL 2003, ch 272 , § 23.

The board shall advise, aid, and assist the State Fire Marshal in the performance of the duties and functions described in the chapter as directed by the secretary. Source: SL 1991, ch 283 , § 23; SL 2004, ch 17 , § 211.

The state fire marshal's advisory board shall meet whenever directed by the secretary of public safety. The secretary shall give notice to the members setting forth the time and place of the meeting. Source: SL 1991, ch 283 , § 24; SL 2003, ch 272 , § 23.

The adoption of this chapter or the repeal of any other existing provision of law including regulations or orders may not be construed to alter any time limit that may have been imposed by any existing law, regulation, or order of the state fire marshal relating to compliance wit…

Regulations adopted by municipalities under the provisions of chapter 9-33 shall be at least equal to the standards adopted by the State Fire Marshal. Any municipality may by reference adopt such standards from time to time and enforce such regulations as their own. Nothing in th…

Nothing in this chapter or in the rules pursuant thereto may be construed to affect the power of any local government, if so authorized by law, to regulate the use of land by zoning, and any municipality in which there is no comprehensive zoning ordinance in effect may prohibit t…

Nothing in this chapter may be construed to mean that a governing body of a first or second class municipality may not regulate movement of tank vehicles to specific routes and streets. Load and capacity of tank vehicles shall be governed by the uniform motor vehicle and traffic …

The state fire marshal shall administer and enforce this chapter. The state fire marshal shall be appointed by the department secretary with the approval of the Governor and serve at the pleasure of the Governor and shall operate under the supervision of the secretary of public s…

Any fire official engaged in fire prevention and inspection work may at all reasonable times enter and examine any building, structure, vessel, vehicle, or premises for the purpose of making fire safety inspections. The fire official shall first obtain the consent of the occupant…

Any fire official in charge at the immediate scene of a fire involving the protection of life or property or both, may direct the operation to extinguish or control any fire and investigate the existence of suspected or reported fires. In the exercise of such power, such fire off…

It is a Class 1 misdemeanor for any person to interfere with a fire official or law enforcement official carrying out any duties or functions prescribed by this chapter. It is also a Class 1 misdemeanor for any person to disobey a lawful order of a fire official or law enforcemen…

It is a Class 1 misdemeanor for any person to use an official badge, uniform, or other credentials to impersonate a fire official for the purpose of gaining access to any building, structure, vessel, vehicle, or premises in a jurisdiction. Source: SL 1991, ch 283 , § 7.

The state fire marshal may investigate the cause, origin, and circumstances of fire or explosions by which property has been destroyed or damaged and, attempt to determine whether the fire or explosion is the result of carelessness or design. The state fire marshal may take charg…

Every fire shall be reported in writing to the state fire marshal by the fire department officer in whose jurisdiction such a fire has occurred within thirty days of the occurrence. The report shall be in a form prescribed by the state fire marshal and shall contain a statement o…