Title 34, PUBLIC HEALTH AND SAFETY

The starting of an open fire within the Black Hills Forest Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is first obtained from the Department of Public Safety or from the United States Forest Service. An open fire as used in th…

Any United States forest service supervisor or the secretary of public safety may, upon an application, issue a permit to a person to start an open fire within the Black Hills Forest Fire Protection District, if the fire is not expected to endanger the life or property of another…

The secretary of public safety or the secretary's designee may set fires in woods or prairie for the purposes of forest and range management, provided that reasonable forces and equipment are available to suppress the spread of the fire. Source: SL 1980, ch 247 , § 3; SL 2002, ch…

A person that owns land adjacent to state-owned land bordering the Missouri River may burn the state-owned land in conjunction with the person's own land by utilizing prescribed burning, provided the person submits a written request to the department secretary or commissioner in …

The secretary of public safety may promulgate rules pursuant to chapter 1-26 concerning: (1) The permit application procedures; (2) The conditions for awarding a permit; (3) The provisions to carry out a safe open burn; and (4) The procedures for appointing designees. Source: SL …

The electors at the annual meeting may vote a tax, in addition to the amount levied for other purposes, upon the real property, including railroads within the area, embraced by the fireguards, for the purpose of defraying the necessary expenses of the fireguards. Source: SL 1893,…

The Governor of South Dakota may execute a compact on behalf of the state with any one or more states who may by their legislative bodies, authorize a compact, in form substantially as follows: ARTICLE I The purpose of this compact is to promote effective prevention and control o…

No person may use a firearm target in the Black Hills Forest Fire Protection District if that target is designed to explode upon a bullet's impact. Any violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for any damages caused by a r…

For the purpose of constructing fireguards the township supervisors or the persons employed by them for that purpose may, with the consent of the owner, enter upon land adjacent to the right of way and construct fireguards upon the real estate of a private person. Source: SL 1893…

In counties containing areas not embraced in any civil township, fireguards as described in § 34-35-1 may be constructed under the supervision of the board of county commissioners and the cost of the fireguards met by special levy upon the real property, including railroads, with…

The expense of making any fireguard running upon or adjacent to the township line shall be borne equally by the two townships between which the fireguard is made. Source: SL 1893, ch 91 , § 4; RPolC 1903, § 1134; SL 1905, ch 111 ; RC 1919, § 6131; SDC 1939, § 58.1004; SL 2014, ch…

Any person who shall drop or throw from any vehicle or other means of transportation any burning match, cigarette, cigar, ashes of pipe, or other burning substance of any kind is guilty of a Class 2 misdemeanor. Source: SL 1937, ch 94 ; SDC 1939, § 13.1613; SL 1977, ch 190 , § 91…

Every person who negligently kindles or causes to be kindled, fire in any woods, brush, fields, marshes, or prairies and leaves it unquenched or who negligently or without full precaution to prevent fire spreading permits it to spread beyond his control so as to endanger the prop…

A person who intentionally interferes with or impairs or damages any public fire alarm system, apparatus, wire, or associated equipment, thereby rendering such equipment inoperative, is guilty of a Class 5 felony. Source: SL 1963, ch 59 ; SDCL 1967, § 22-34-25 ; SL 1973, ch 150 ,…

Any person who intentionally injures, defaces, or tampers with any fire alarm system in any manner not punishable under § 34-35A-3 is guilty of a Class 2 misdemeanor. A subsequent violation of this section is a Class 1 misdemeanor. Source: SL 1963, ch 59 ; SDCL 1967, § 22-34-25 ;…

No person shall sell any dynamite or explosive as defined by subdivision 22-1-2(14), except ordinary gunpowder, to any person unknown to the seller unless introduced by some person known to the seller. On every sale the seller shall, before delivery, make entry on a book kept for…

The State Fire Marshal may make inspections of the records and reports required of licensees and permittees and all buildings, areas, or vehicles where the manufacture, storage, transportation, or use of explosives is involved, in the interest of public safety. Source: SL 1969, c…

For the purpose of implementing this chapter, the Department of Public Safety may adopt reasonable rules to protect the health and safety of persons from fire, explosion, and like emergencies. Such rules shall be promulgated in accordance with chapter 1-26 in the following areas:…

If the State Fire Marshal finds by inspection that any statute or rule has been violated, or defects of installation exist, it shall issue an order in writing requiring immediate and full compliance with the provisions of the state law and the rules adopted pursuant thereto. Sour…

Any person who violates the rules and regulations adopted pursuant to this chapter, or who fails or refuses to observe an order for the enforcement of said rules and regulations or who hinders, delays, or interferes with any officer charged with the enforcement of this chapter in…

Any person aggrieved by an order issued pursuant to § 34-36-5 may, within ten days after receipt thereof, demand a hearing by serving the secretary of public safety with a copy of such demand. The State Fire Marshal shall set a hearing date which shall be within twenty days of re…

Terms used in this chapter mean: (1) "Consumer fireworks," fireworks designed primarily to produce visible effects by combustion; that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R.…

A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail other than during the period between June twenty-seventh and July fifth or during the period between December twenty-eighth and January first. A person who is iss…

A person is guilty of a Class 1 misdemeanor if the person sells any fireworks from a motor vehicle. Source: SL 1971, ch 207 , § 2; SL 2019, ch 154 , § 9, eff. Mar. 20, 2019.

If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy the structure that displays or sells fireworks, one or more approved exits shall be provided. A violation of…

At any location where consumer fireworks are being offered for sale, the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN FIFTY FEET." A person is guilty of a Class 1 misdemeanor if the person smokes within …

At any location where consumer fireworks are being offered for sale the licensee shall prominently post a sign that states no fireworks may be ignited or used within three hundred feet of the licensee's premises. A person is guilty of a Class 1 misdemeanor if the person ignites o…

A person is guilty of a Class 1 misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted on the premises of a retail licensee. A retailer licensee shall keep and maintain upon the retailer's premises a fire extinguisher bearin…

No person may sell or cause to be sold, use, or cause to be used, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District. No person may use or cause to be used, any pyrotechnics or consumer f…

Nothing in this chapter prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise transporting, fireworks to any person outside this state, consistent with 18 U.S.C. § 836, effective on January 1, 2019. Any delivery of fireworks may be made by …

A wholesaler licensee shall retain written evidence of the delivery of fireworks to any person outside this state. Evidence under this section may include the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a certified motor c…

Nothing in this chapter prohibits the use of display fireworks at a public or private event. A person using display fireworks at a public or private event shall obtain a permit from the governing body of the municipality, township, or county where the display fireworks are to be …

Nothing in this chapter prohibits the use of consumer fireworks at a public or private event. A person using consumer fireworks at a public or private event outside the periods permitted by § 34-37-16.1 shall obtain a permit from the governing body of the municipality, township, …

For any licensee who is found guilty of a second or subsequent violation under this chapter, the department may revoke or suspend the license and refuse to renew the license upon its expiration. Source: SL 1964, ch 31 , § 12(2); SL 1983, ch 259 , § 13; SL 2019, ch 154 , § 19, eff…

A person is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in § 34-37-5 . If any person possesses any fireworks in violation of § 34-37-5 , a warrant may be issued for the seizure of the fireworks. Any fireworks seized under thi…

Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December twenty-eighth to Janua…

The provisions of §§ 34-37-2 and 34-37-16.1 do not apply to: (1) Smoke effects if the smoke effects do not fly, travel, or explode; (2) Single-shot parachute pieces without a flare; or (3) Any fireworks classified as a novelty under section 3.2 of the American Pyrotechnics Associ…

The Department of Public Safety, together with any law enforcement agency of the state or any political subdivision of the state, shall enforce this chapter. Source: SL 1964, ch 31 , § 9; SL 2003, ch 272 (Ex. Ord. 03-1), § 20; SL 2019, ch 154 , § 23, eff. Mar. 20, 2019.

Records required under provisions of this chapter shall be kept on forms prescribed by the secretary of public safety. Source: SL 1983, ch 259 , § 7; SL 2003, ch 272 , §§ 20, 121.

Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached th…

A person is guilty of a Class 1 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state without a license as a wholesaler or retailer issued under this chapter. Application for a license as wholesaler or retailer…

A person under the age of eighteen years may not be licensed under this chapter. A wholesaler or retailer may not employ or permit any person under the age of eighteen to sell, dispense, or offer for sale any fireworks enumerated in this chapter. A violation of this section is a …

In addition to any license required under § 34-37-2 , for any sales to out-of-state residents, a retailer licensee may obtain: (1) An early season license to operate from May first to June twenty-sixth, with a required fee of one thousand dollars; or (2) A late season license to …

Any person who manufactures, uses, or disposes to another, with or without consideration, so as to endanger the safety of others, any consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.…

Except as provided in § 34-37-12 , a person is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than consumer fireworks. Source: SL 1949, ch 41 , § 1; SDC Supp 1960…

Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. 1507 as in effect on J…