Title 34, PUBLIC HEALTH AND SAFETY

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…

The boards of county commissioners of the counties of this state may, in their discretion, cooperate with the governing bodies of organized townships or municipal corporations within their respective counties, with organized townships or municipal corporations in adjacent countie…

The boards of county commissioners of the counties of this state may participate in cooperation with the organized townships and municipal corporations within their respective counties, organized townships and municipal corporations in adjacent counties, or the fire - fighting ag…

For the purpose of carrying out the provisions of §§ 34-31-1 and 34-31-2 , the board of county commissioners may levy a tax not to exceed sixty cents per thousand dollars of taxable valuation in the county outside the limits of any municipality which provides fire protection serv…

Every municipality shall have power when and to the extent deemed expedient by its governing body, to enter into contracts for the furnishing of fire - fighting equipment and protection for the municipality, with any other political subdivision or subdivisions or with any nonprof…

All acts of municipalities of this state prior to March 9, 1961, contracting with other political subdivisions or with nonprofit fire protection corporations or associations for the furnishing of fire - fighting equipment and protection for the municipality are hereby validated. …

The Department of Public Safety may operate a fire equipment shop to acquire and renovate equipment and distribute fire equipment, supplies and parts, which are not available through the Bureau of Human Resources and Administration, and federal and state excess vehicles and prope…

There is created in the state treasury the fire equipment fund. All revenues collected from counties and volunteer fire departments pursuant to § 34-31-6 shall be deposited in the fund for the administration of the provisions of § 34-31-6 . Source: SL 1984, ch 277 , § 3.

Notwithstanding the provisions of § 5-18D-25 , the Department of Public Safety may purchase used motor vehicles and equipment at auctions of federal and state surplus property, or from public and private utility companies, irrespective of whether or not the sellers of the vehicle…

Permanent organization shall be effected by the election of a board of directors consisting of not less than five residents of the district. If the district includes any incorporated municipalities which are located within the boundaries of the district, no more than two members …

The board of directors shall meet as soon after the organizational meeting as possible to elect a president, a vice - president, and a secretary - treasurer. Source: SL 1971, ch 208 , § 4.

All directors and officers shall be elected for two years and hold office until their successors have been elected and qualified, except that at the first election the vice - president shall be elected as provided in § 34-31A-14 for a one - year term, and one - half, or as close …

The board of county commissioners shall fill a vacancy on the board of directors of a rural fire protection district by appointing a voter of the district who meets the requirements in § 34-31A-13 to complete the unexpired term. Source: SL 1987, ch 257 .

Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10 , the district under its designated name shall be and constitute a body politic and corporate. Source: SL 1971, ch 208 , § 17.

The board of directors shall have the following general powers: (1) To determine upon a general fire protection program for the district; (2) To manage and conduct the business affairs of the district; (3) To make and execute contracts in the name of and on behalf of the district…

Any rural fire protection district may enter into a contract with another rural fire protection district to consolidate or cooperate for mutual fire protection and prevention purposes, or may enter into a contract with any federal, state, or local government agency for fire prote…

The Department of Public Safety, with the advice and cooperation of the South Dakota Firemen's Association may establish a system of rural routings which shall be as uniform as is practicable throughout the state, for the purpose of aiding rural fire - fighting equipment and othe…

If an application for organization as provided in § 6-16-2 covering any rural territory is completed and requests to form, organize, establish, equip, and maintain a rural fire protection district, the application shall be filed with the county auditor of each county in which the…

The board of directors shall: (1) Prepare an annual budget of the expenditures necessary to carry out the general fire protection program for the district. Grants, resources of fire departments within the district, and other revenues shall be considered by the board when preparin…

The president and secretary shall certify the estimate provided by § 34-31A-20 to the proper county auditor or county auditors, on or before October first of each year. The auditor shall levy a tax not to exceed one dollar per thousand dollars of taxable valuation upon the taxabl…

The rate of tax for functions authorized by this chapter may not exceed sixty cents per thousand dollars of taxable valuation in the rural fire district for the purchase of rural fire - fighting equipment in rural fire districts or for the purpose of assisting and contributing to…

In no case shall the amount of tax levy exceed the amount of funds required to defray the expenses of the district for a period of one year as embraced in the annual estimate of expenses including the amount of principal and interest upon the indebtedness of the district for the …

Said tax shall be collected as other taxes are collected in the county. Source: SL 1971, ch 208 , § 7 (1).

Said tax shall be turned over to the secretary - treasurer of the rural fire protection district, who shall have a surety bond in the amount of at least five thousand dollars. Source: SL 1971, ch 208 , § 7 (2). 34-31A-26

Any club, lodge, chapter, charitable home, dormitory, state or county fair association, or like organization located within a rural fire protection district and outside the boundaries of any municipality, shall pay to the board of directors of the district annually for fire prote…

The board of directors shall file an annual statement with the Department of Public Safety showing the names of persons or organizations making payments and the amounts of payments made under § 34-31A-28 . Source: SL 1971, ch 208 , § 15; SL 2003, ch 272 , §§ 20, 121.

Any municipality located within the area, whether the municipality has a fire department or not, may be included in the rural fire district if twenty percent of the landowners within the municipality who are also registered voters within the municipality sign a separate petition …

Funds derived from payments pursuant to § 34-31A-28 shall be expended by the district for fire - fighting supplies and equipment and the training of fire department personnel. Source: SL 1971, ch 208 , § 15.

No district may incur debt greater than an amount equal to twenty times the annual maximum tax levy as authorized by § 34-31A-21 . A district may borrow money and issue appropriate evidence of indebtedness within the limits authorized by this section. Source: SL 1971, ch 208 , § …

All funds collected on behalf of the district through the levy of taxes; all donations, contributions, bequests, or annuities; and all borrowed money received by or on behalf of the district shall be deposited in state or national bank to the credit of the district fund and shall…

Such claim voucher shall be authorized by the board of directors and shall bear the signature of the treasurer and the countersignature of the president of such district. Source: SL 1971, ch 208 , §§ 7 (4), 9; SDCL Supp, § 34-31A-27.