Title 34 — PUBLIC HEALTH AND SAFETY

The board of directors of a rural fire protection district may choose to hold a rural fire protection district general election in conjunction with a regular municipal election. The combined election is subject to approval by the governing body of the municipality. The combined e…

Upon the filing of the petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by the number of voters as specified in §

If the proposed district shall be situated within two or more counties, the county auditor of the county wherein the largest area is contained, shall confer with the auditor or auditors of the other counties concerned, and shall obtain a certificate as to the adequacy of the peti…

Notice of the hearing shall be given by publication two weeks in the legal newspapers of each county affected, the last publication appearing at least seven days prior to the hearing. The notice shall include a statement of the proposed boundaries as set forth in the petition. So…

At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the bound…

Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in §§ 6-16-4 to 6-16-6 , inclusive. Source: SL 1971, ch 208 , § 3; SL 1992, ch 80 , § 212; SL 1998, ch 36 , § 33. 34-31A-10 to 34-31A-12. Repealed by SL 1998, ch 36 …

Terms used in this chapter, unless the context plainly otherwise requires, mean: (1) "Action," includes nonaction or the failure to take action. (2) "Authorized agency or authorized agencies," the Department of Public Safety, the attorney general, the state's attorney in the coun…

With the exception of § 34-32A-7 , all other provisions of this chapter shall not be construed to impair any existing statutory or common law rights or powers. Source: SL 1979, ch 240 , § 9.

If an insurance company has reason to believe that a fire loss in which it has an interest may be of other than accidental cause, then, for the purpose of notification and for having such fire loss investigated, the company shall, in writing, notify an authorized agency and provi…

Any authorized agency may, in writing, require the insurance company at interest to release to the requesting agency all relevant information or evidence deemed important to the authorized agency which the company may have in its possession relating to the fire loss in question. …

The authorized agency provided with information pursuant to §§ 34-32A-2 and 34-32A-3 and in furtherance of its own purposes, may release or provide such information to any other authorized agency. Source: SL 1979, ch 240 , § 4.

Any insurance company providing information to an authorized agency pursuant to § 34-32A-2 or 34-32A-3 shall have the right to request and obtain relevant information within thirty days of its request to an authorized agency. Source: SL 1979, ch 240 , § 5.

Notwithstanding the provisions of §§ 34-32A-2 to 34-32A-5 , inclusive, the authorized agency shall notify, in writing, the policy holder of the request for information. Source: SL 1979, ch 240 , § 10.

Any insurance company, person acting in its behalf, or authorized agency who releases information, whether oral or written, pursuant to §§ 34-32A-2 to 34-32A-5 , inclusive, shall be immune from civil liability or criminal prosecution. "Immune," as used in this section, means that…

Any authorized agency or insurance company who receives any information furnished pursuant to this chapter shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding. Any authorized agency, or its personnel, may …

This chapter shall not be construed to affect or repeal any statute of this state or any ordinance of any municipality relating to fire prevention or control of arson, but the jurisdiction of the Department of Public Safety and of the attorney general as to fire prevention and th…

Source: SL 1973, ch 216 , § 9; SL 1976, ch 226 ; SL 1990, ch 278 , § 15; SL 2004, ch 17 , § 220. 34-34A-17. Repealed by SL 1982, ch 267 , § 19. 34-34A-18. Transferred to § 34-34A-11.

Terms used in this chapter mean: (1) "Dealer," any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale; (2) "Department," the Department of Publi…

A manufactured home is a structure that meets the following requirements: (1) It is transportable in one or more sections; (2) Its body is eight or more feet wide or forty or more feet long in the traveling mode or it occupies three hundred twenty or more square feet when erected…

34-34A-10.1 Inspection of manufacturing and sales facilities. 34-34A-10.2 Records and reports required of manufacturers, distributors, and dealers. 34-34A-10.3 Monitoring inspection fee. 34-34A-11 Interference with departmental representative as misdemeanor. 34-34A-12

A representative of the State Fire Marshal may enter, at reasonable times and without advance notice, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale, to inspect, at reasonable times, in a reasonable manner and within …

Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports and provide information as the State Fire Marshal or the secretary of the United States Department of Housing and Urban Development may reasonably require for the S…

The State Fire Marshal shall establish a monitoring inspection fee in an amount determined by the secretary of the United States Department of Housing and Urban Development. The monitoring inspection fee is an amount paid by the manufacturer for each manufactured home produced in…

No person may interfere with, obstruct, or hinder an authorized representative of the department in the performance of its duties under this chapter. Any person who violates this section is guilty of a Class 1 misdemeanor. Source: SL 1973, ch 216 , §§ 14, 16; SDCL Supp, § 34-34A-…

34-34A-12.1 Hearings on violations. 34-34A-13 34-34A-13 to 34-34A-15. Repealed by SL 1982, ch 267 , §§ 16 to 18. 34-34A-16 Additional construction requirements not applicable--Zoning and tax laws applicable. 34-34A-17

The State Fire Marshal may conduct hearings on matters relating to violations or consumer complaints, including the holding of formal and informal presentation of views, of this chapter consistent with the regulations adopted by the Department of Housing and Urban Development. Th…

If a manufactured home complies with the standards, neither this state nor any political subdivision thereof may require such manufactured home to comply with any additional building, plumbing, heating, or electrical requirements. However, the State Fire Marshal may promulgate ru…

34-34A-18

Transferred to §

The State Fire Marshal shall establish standards for the installation of manufactured homes and may adopt rules pursuant to chapter 1-26 in the following areas: (1) Definitions; (2) Siting and foundation systems; (3) Exterior plumbing; (4) Exterior mechanical equipment (heating a…

If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid appli…

This chapter may be cited as the South Dakota Manufactured Home Construction and Safety Standard Act. Source: SL 1973, ch 216 , § 18; SL 1990, ch 278 , § 17.

The state fire marshal is responsible for the adoption, administration, and enforcement of manufactured home construction and safety standards. The state fire marshal shall promulgate, pursuant to chapter 1-26 , the standards and any rules necessary to administer and enforce the …

No person may: (1) Manufacture for sale, lease, sell, offer for sale or lease, introduce or deliver, or import into the State of South Dakota any home which is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard…

Subdivision 34-34A-9.4 (1) does not apply: (1) To the offer for sale or to the sale of any manufactured home after the first purchase of it in good faith for purposes other than resale; or (2) To any person who establishes that he did not have reason to know, exercising due care,…

A person who violates any of the provisions of § 34-34A-9.4 relating to manufactured homes or any rule promulgated by the State Fire Marshal to administer the provisions of this chapter is liable for a civil penalty not exceeding one thousand dollars for each violation. Each viol…

A person or an officer, director, or agent of a corporation who knowingly violates the provisions of § 34-34A-9.4 in any manner which threatens the health or safety of a purchaser is guilty of a Class 1 misdemeanor. Source: SL 1982, ch 267 , § 5; SL 1990, ch 278 , § 13. 34-34A-10…

The electors at the annual meeting of an organized civil township may authorize the township board of supervisors to construct, or to have constructed, fireguards around all or a portion of the township or each way across the center of the township, as deemed necessary for fire p…

It is a Class 1 misdemeanor to set or cause to be set on fire any woods, marsh, prairie, grass, or stubble land or any other inflammable material at any time of the year without first having in place a natural or manmade firebreak and without giving due caution to the prevailing …

34-35-12 Civil liability for fire. 34-35-12.1 Liability for suppression and extinguishment costs collectable by secretary of public safety. 34-35-13 Sheriff's investigation of violations--Prosecution by state's attorney. 34-35-14 Possessory claim supporting recovery of fire damag…

A person who sets a fire as provided in § 34-35-10 is liable for civil damages for all injury and fire suppression and extinguishment costs caused by the fire. For the purposes of this section, person includes but is not limited to public utilities, railroads, and private utiliti…

Any person who negligently causes a fire to be started or who does not take reasonable precautions to prevent a fire from spreading and permits a fire to spread beyond the person's control is liable for all fire suppression and extinguishment costs that were caused by the fire an…

It shall be the duty of every county sheriff, whenever complaint is made to him of the violation of any provisions of § 34-35-10 , to diligently investigate such charge or charges, to ascertain whether any of the provisions of said section have been violated and to make a full an…

In any action instituted in any court to recover damages for injury caused by the fire as provided in § 34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire …

To protect the timber on areas subject to unusual fire dangers, there is hereby created the Black Hills Forest Fire Protection District, consisting of all that part of the state described by metes and bounds as follows: Commencing at a point on the Wyoming-South Dakota state line…

Any person or commercial entity that, before July 1, 2007, was legally engaged in the retail sale, wholesale sale, storage, or transport of fireworks or pyrotechnics, or any successor to any such person or commercial entity, may continue to engage in any such sales, storage, or t…

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 …