Title 34 — PUBLIC HEALTH AND SAFETY

The owner or user of a boiler required by this chapter to be inspected by the chief inspector, or a deputy inspector, shall pay directly to the State of South Dakota through the Office of the State Fire Marshal, upon completion of the inspection, fees in accordance with the follo…

If it is necessary for the chief inspector or his deputy inspector to make a reinspection trip to witness the application of a hydrostatic test due to deficiencies noted in a previous inspection, an additional fee based on the scale of fees applicable to a certificate inspection …

All other inspections, including shop inspections, special inspections, and inspections of secondhand or used boilers made by the chief or deputy inspector shall be charged for at the rate of not less than ninety dollars for one - half day of four hours, and one hundred fifty dol…

Each company employing special inspectors meeting the requirements of § 34-29A-6 shall, within thirty days following each certificate inspection made by the inspectors, file a report of the inspection with the Office of the State Fire Marshal upon appropriate forms as promulgated…

If the report filed pursuant to § 34-29A-38 shows that a boiler is found to comply with the rules and regulations of the Department of Public Safety, the chief inspector or his duly authorized representative, shall issue to such owner or user an operation certificate bearing the …

The Department of Public Safety may employ deputy inspectors who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of boilers as a mechanical engineer, steam operating e…

Certificates shall be posted under glass in the room containing the boiler inspected. If the boiler is not located within the building, the certificate shall be posted in a location convenient to the boiler inspected, or in any place where it will be accessible to interested part…

No operation certificate issued for an insured boiler based upon a report of a special inspector is valid after the boiler for which it was issued ceases to be insured by a company duly authorized by this state to provide such insurance. Source: SL 1973, ch 229 , § 15; SL 1982, c…

An operation certificate issued pursuant to § 34-29A-39 is valid for not more than fourteen months from its date in the case of power boilers and high pressure, high temperature water boilers and twenty - six months in the case of heating boilers and hot water supply boilers. In …

The Department of Public Safety or its authorized representative may at any time suspend an operation certificate when, in its opinion, the boiler for which it was issued, cannot be operated without menace to the public safety, or when the boiler is found not to comply with the r…

The secretary of public safety, or his designee, shall keep a complete record of the type, dimensions, maximum allowable pressure, age, location, and date of the last recorded inspection of all boilers to which this chapter applies. Source: SL 1973, ch 229 , § 8 (2); SL 1982, ch …

The owner or installing contractor of a boiler operating in the state subject to this chapter shall notify the Office of the State Fire Marshal of its location and operating pressure. The notification for new boilers shall be given prior to the commencement of operation, and for …

The secretary of public safety, or his designee, shall take action necessary for the enforcement of the laws of the state governing the use of boilers to which this chapter applies and of the rules and regulations of the Department of Public Safety. Source: SL 1973, ch 229 , § 8 …

Any person aggrieved by an order or an act of the chief inspector or his deputies, under this chapter may, within fifteen days' notice thereof, appeal from such order or act to the secretary of public safety who shall, within thirty days thereafter, issue an appropriate order eit…

Within thirty days after any order or act of the secretary of public safety, any person aggrieved thereby may file a petition in the circuit court for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree. Source: SL 1973, ch 2…

34-29A-6 Commissions issued to special inspectors employed by insurance companies--Examination or previous certification required. 34-29A-7 Insured boilers inspected by special inspectors--Exemption from state fees except boiler annual operation certificate. 34-29A-8 Special insp…

The secretary of public safety, or his designee, shall cause the prosecution of all violators of the provisions of this chapter. Source: SL 1973, ch 229 , § 8 (5); SL 1982, ch 18 , § 70; SL 2003, ch 272 , §§ 20, 121.

The secretary of public safety, or his designee, shall deposit all fees received pursuant to §§ 34-29A-35.1 to 34-29A-37 , inclusive, to the treasurer of the state for deposit into the boiler inspection fund. Source: SL 1973, ch 229 , § 17; SL 1982, ch 18 , § 71; SL 1989, ch 48 ,…

The chief inspector and his deputies shall be reimbursed for the travel expense incident to the maintenance of his office pursuant to §

No municipality or other governmental subdivision may make any laws, ordinances, or resolutions providing for the construction, installation, inspection, operation, maintenance, and repair of boilers within the limits of such municipality or governmental subdivision which are les…

In addition to the deputy boiler inspectors authorized by § 34-29A-4 , the Department of Public Safety shall, upon the request of any company licensed to insure and insuring in this state boilers, issue to any inspectors of said company commissions as special inspectors, provided…

Special inspectors issued commissions pursuant to § 34-29A-6 shall inspect all boilers insured by their respective companies and, if so inspected, the owners and users of the boilers are exempt from the payment to the state of the inspection fees provided for in §§ 34-29A-35.1 to…

Special inspectors issued commissions pursuant to § 34-29A-6 shall receive no salary from, nor shall any of their expenses be paid by, the state, and the continuance of a special inspector's commission shall be conditioned upon his continuing in the employ of the boiler insurance…

Any boiler inspection required by § 34-29A-7 that is performed by a special inspector authorized pursuant to § 34-29A-6 and conducted incidental to the issuance or renewal of boiler and machinery insurance, may not subject an insurer, its agents, or its employees to any liability…

Examination for chief, deputy, or special inspectors shall be in writing and shall be under the direction of the Department of Public Safety. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant f…

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…