Title 34 — PUBLIC HEALTH AND SAFETY

Every person who removes all or any part of the dead body of a human being from any grave or other place where the same has been buried, or from any place where the same is deposited while awaiting burial, with intent to sell the same or to dissect it without authority of law, or…

Every person who purchases or receives, except for the purpose of burial, any dead body of a human being, knowing that the same has been removed contrary to § 34-27-19 , is guilty of a Class 1 misdemeanor. Source: PenC 1877, § 359; CL 1887, § 6560; RPenC 1903, § 364; RC 1919, § 3…

Terms used in §§ 34-27-21 to 34-27-30 , inclusive, mean: (1) "Human skeletal remains," the bones of a human being; (2) "Funerary object," any artifact or object which was intentionally placed with a deceased person, either at the time of burial or interment or at some subsequent …

No person may knowingly buy, sell, or barter for profit human skeletal remains or associated funerary objects, previously buried within this state. A violation of this section is a Class 6 felony. Source: SL 1990, ch 6 , § 2. 34-27-23. Repealed by SL 1991, ch 281 , § 2.

No person may knowingly display funerary objects or human skeletal remains previously buried in South Dakota for profit or to aid and abet a commercial enterprise. A violation of this section is a Class 6 felony. Source: SL 1990, ch 6 , § 4.

Any person who encounters or discovers human skeletal remains or what he believes may be human skeletal remains in or on the ground shall immediately cease any activity which may disturb those remains and shall report the presence and location of such human skeletal remains to an…

No person unless authorized by the state archaeologist may knowingly disturb or knowingly permit disturbance of human skeletal remains or funerary objects except a law enforcement officer or coroner or other official designated by law in performance of official duties. A violatio…

If a law enforcement officer has reason to believe that the skeletal remains, reported pursuant to § 34-27-25 , may be human, he shall promptly notify the landowner and the coroner. If the remains reported under § 34-27-25 are not associated with or suspected of association with …

The State Historical Society Board of Trustees shall promulgate rules pursuant to chapter 1-26 : (1) To establish the persons who may be authorized by the state archaeologist to disturb human skeletal remains and funerary objects and the restrictions under which such persons shal…

If any state supported educational institution or state supported museum comes into possession of human skeletal remains or associated funerary objects from South Dakota following July 1, 1990, the institution or museum shall contact the state archaeologist within fifteen days of…

Any refusal by the state archaeologist to turn over remains or objects to a tribal group after a request is made under § 34-27-31 is reviewable as final agency action under chapter 1-26 . Any such appeal must be filed within thirty days of written notice of the refusal to the tri…

Any record maintained pursuant to § 1-20-21 pertaining to the location of unmarked burials and other human remains shall remain confidential to protect the integrity of unmarked burials, human skeletal remains, and associated funerary objects. The state archaeologist may make the…

Superseded.

It is a petty offense for any organization subject to the provisions of chapter 55-12 to deny the privilege of interment of the remains of any deceased person in any cemetery described in § 55-12-1 solely because of the race or color of such deceased person. Any contract, agreeme…

All copies of burial or removal permits shall be retained by the person in charge of any cemetery, or place of burial, and filed by him as a permanent record of such cemetery, and he shall forthwith make an exact copy of each burial or removal permit in a "burial record book," to…

It is the intent and purpose of §§ 34-27-8 and 34-27-9 to require every cemetery or place of burial to be platted or mapped into subdivisions, indicating individual grave spaces, thereby providing when such plat or map is placed on file in the registrar's office, a numerical or t…

Every person, firm, or association, every church, religious or benevolent society, and private or public corporation, owning or having under his or its control, any cemetery or place of burial in this state, shall keep and maintain a uniform record of all burials, and shall by it…

Each section, block, lot, and individual grave space in a cemetery shall be regularly numbered, such numbers to appear and be marked upon the face thereof, and the map or plat required by § 34-27-8 when completed shall have designated thereon, by uniform marking appearing in the …

Every engineer, or other person, having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, employed in any manufactory, railway, or other mechanical works, who negligently creates or allows to be created such an undue quantity of steam…

Sections 34-28-5 to 34-28-9 , inclusive, shall not be construed as repealing any local ordinance but shall be held and construed as ancillary and supplemental thereto, provided, however, that in the case of any conflict, the provisions of §§ 34-28-5 to 34-28-9 , inclusive, shall …

Any person, firm, or corporation abandoning or discarding in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox, or other article having a compartment of a capacity of one and one - half cubic feet or more and having a d…

Terms as used in §§ 34-28-5 to 34-28-10 , inclusive, unless the context otherwise requires, mean: (1) "Bathtub enclosure," a sliding, pivoting, or hinged door and fixed panels which are glazed or to be glazed and used to form a barrier between the bathtub and the rest of the room…

Each lite of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations, or installed in such a location within the State of South Dakota shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material, hot …

It is a Class 2 misdemeanor within the State of South Dakota to knowingly install, cause to be installed, or consent to installation of glazing materials other than safety glazing materials in any hazardous location. Source: SL 1973, ch 232 , § 3; SL 1977, ch 190 , § 81. 34-28-8.…

No liability under § 34-28-6 or 34-28-7 shall be created as to workmen who are employees of a material supplier, contractor, subcontractor, or other employer responsible for compliance with said sections. Source: SL 1973, ch 232 , § 4.

Terms as used in this chapter, unless the context otherwise requires, mean: (1) "Boiler," a closed vessel in which water is heated, steam is generated, steam is superheated, or any combination thereof, under pressure or vacuum, for use externally to itself by the direct applicati…

If a commission is lost or destroyed, a new commission shall be issued in its place without another examination. Source: SL 1973, ch 229 , § 13.

If the chief inspector has reason to believe that a special inspector is no longer qualified to hold his commission, the Department of Public Safety shall, upon not less than ten days' written notice to the inspector and his employer, hold a hearing at which such inspector and hi…

A special inspector's commission may be suspended by the Department of Public Safety after due investigation and recommendation by the chief inspector, for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement containe…

A person whose commission has been suspended shall be entitled to apply, after ninety days from the date of suspension, for reinstatement of such commission. Source: SL 1973, ch 229 , § 12.

This chapter does not apply to the following boilers: (1) Boilers under federal control; (2) Boilers located on farms if the farm is not regularly open to the general public and the boiler is used solely for agricultural or horticultural purposes; (3) Heating boilers which are lo…

The Department of Public Safety shall promulgate rules, pursuant to chapter 1-26 , to provide for the inspection of those historic power boilers otherwise exempt from the provisions of this chapter by §

The Department of Public Safety may appoint inspectors to assist in the inspection of historic power boilers as provided by §

34-29A-16 Program of boiler inspection established by department--Rules. 34-29A-17

The Department of Public Safety shall establish a program of boiler inspection for safety and uniformity in the use of boilers. The secretary of public safety may adopt reasonable and necessary rules to protect the health or safety of persons from boiler explosions and like emerg…

34-29A-18 34-29A-18 to 34-29A-21. Repealed by SL 1982, ch 18 , §§ 46 to 49. 34-29A-22 Maximum allowable pressure of boilers--Computation. 34-29A-23 Reuse of existing boilers. 34-29A-24 New boilers to conform to rules--Special installation and operation certificate. 34-29A-25 Cert…

There shall be within the Department of Public Safety a chief boiler inspector (referred to hereinafter as the "chief inspector") who shall be selected as provided in § 34-29A-3 and such deputy inspectors as may be required, selected as provided in §

The maximum allowable pressure of a boiler carrying the ASME code symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. The maximum allowable pressure of a boiler which does not carry the ASME code symbol shall be computed b…

This chapter shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler referred to in § 34-29A-22 provided it has been made to conform to the rules and regulations of the Department of Public Safety governing existing installations and provided,…

No boiler which does not conform to the rules and regulations of the Department of Public Safety governing new construction and installation may be installed and operated in this state after June 30, 1974, unless the boiler is of special design or construction, and is not inconsi…

No person, firm, partnership, limited liability company, or corporation may operate in this state a boiler without a valid operation certificate. The operation of a boiler without the operation certificate, or at a pressure exceeding that specified in the operation certificate, b…

Each boiler used or proposed to be used within this state, except boilers exempt under § 34-29A-14 , shall be thoroughly inspected as to their construction, installation and condition as follows: (1) Power boilers and high pressure, high temperature water boilers shall receive a …

All boilers, other than cast iron sectional boilers, installed in this state after June 30, 1974, shall be inspected during construction as required by the applicable rules and regulations of the Department of Public Safety by an inspector authorized to inspect boilers in this st…

The inspections required in this chapter shall be made by the chief inspector, by a deputy inspector, or by a special inspector provided for in this chapter. Source: SL 1973, ch 229 , § 14.

The Department of Public Safety, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the state where a boiler is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether…

At any time that the office of the chief inspector may become vacant, the secretary of public safety shall appoint a person who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenanc…

Based upon documentation of actual service conditions by the owner or user of the operating equipment, the chief inspector in his discretion, may permit variations in the inspection requirements for operating equipment. Source: SL 1973, ch 229 , § 14.

If, at the discretion of the inspector, a hydrostatic test of operating equipment shall be deemed necessary, it shall be made by the owner or user of the boiler. Source: SL 1973, ch 229 , § 14.

The secretary of public safety, or his designee, shall issue, or suspend or revoke for cause, operation certificates as provided for in §§ 34-29A-39 to 34-29A-43 , inclusive. Source: SL 1973, ch 229 , § 8 (4); SL 1982, ch 18 , § 57; SL 2003, ch 272 , §§ 20, 121. 34-29A-35. Repeal…

34-29A-35.1 Inspection fees. 34-29A-36 Additional fee for reinspection trip. 34-29A-37 Daily rates charged for other inspections. 34-29A-38 Inspection reports by special inspectors. 34-29A-39 Certificate issued on special inspector's report. 34-29A-40 Posting of certificates. 34-…