Title 34 — PUBLIC HEALTH AND SAFETY

Aboveground storage tanks may be installed at retail locations with the approval of the authority having jurisdiction and as provided for in this chapter. Source: SL 1991, ch 269 , § 2.

Before proposed construction begins the applicant shall obtain a letter of approval from the local governing body within whose jurisdiction the system is to be installed. This letter and two sets of plans, blueprints, or drawings shall be submitted to the division for examination…

Except as otherwise provided in this chapter, aboveground storage tanks shall comply with the applicable provisions of chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269 , § 4; SL 2006, ch 185 , § 6; SL 2010, ch 177 , § 3; SL 2016, ch 181 , § 3.

Any tank used for aboveground storage shall be listed for aboveground use. No backfill is permitted. No tank designed and built for underground use may be installed for aboveground use. A violation of this section is a Class 2 misdemeanor. Source: SL 1991, ch 269 , § 5.

Any aboveground storage tank shall be located at least: (1) Fifty feet from the nearest important building on the same property; (2) Fifty feet from any fuel dispenser; (3) Fifty feet from the nearest side of any public way; and (4) Fifty feet from any property line that is or ma…

Spill control shall be provided in accordance with chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269 , § 7; SL 2006, ch 185 , § 7; SL 2010, ch 177 , § 4; SL 2016, ch 181 , § 4.

No person may dispense fuel from an aboveground storage tank by either gravity flow or pressurization of the tank. The owner of an aboveground storage tank shall prevent the release of liquid from the tank by syphon flow. If an aboveground storage tank is at an elevation that pro…

Aboveground tanks shall be protected against vehicular collision by suitable barriers. Source: SL 1991, ch 269 , § 9.

The area within any dike shall be kept free of vegetation, debris, and any other material that is not necessary to the operation of the tank and piping system. Source: SL 1991, ch 269 , § 10.

Any portion of a tank piping system that is in contact with the soil shall be protected from corrosion in accordance with chapter 57 of the International Fire Code, 2015 edition. Source: SL 1991, ch 269 , § 11; SL 2008, ch 175 , § 1; SL 2010, ch 177 , § 5; SL 2016, ch 181 , § 5.

Delivery operations shall comply with applicable requirements of chapter 57 of the International Fire Code, 2015 edition. Dispensing operations shall comply with the provisions of chapter 57 of the International Fire Code, 2015 edition. The delivery vehicle shall be separated fro…

For the purpose of implementing this chapter, the department may promulgate rules, pursuant to chapter 1-26 , to protect the health and safety of persons from fire, explosion and like emergencies based on codes and standards set forth by the International Building Code, the Inter…

Nothing in this chapter affects the power of any local government to regulate the use of land by zoning. Any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquids at retail locations within are…

Any person aggrieved by any action or decision pursuant to this chapter may seek review of such action or decision by the director of the division pursuant to the contested case provisions of chapter 1-26 . The decision of the director may be appealed to circuit court in the mann…

The provisions of this chapter apply to facilities constructed after July 1, 2016. Existing installations shall be permitted only if, in the opinion of local and state authorities, the existing installation does not constitute a distinct hazard to life or property. Source: SL 199…

Tanks may not exceed an individual capacity of twelve thousand gallons and may not exceed an aggregate capacity of forty-eight thousand gallons. Any variance in excess of these amounts can only be granted by the division pursuant to chapter 1-26 . Source: SL 1991, ch 269 , § 17; …

Source: SL 2005, ch 193 , § 1.

Terms used in this chapter mean: (1) "Department," the Department of Public Safety; (2) "Secretary," the secretary of the Department of Public Safety. Source: SL 2016, ch 183 , § 57.

The term "liquefied petroleum gas," as used in this chapter, shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes. Source: SL 1941…

Any liquefied petroleum gas equipment utilized in the storage or use of liquefied petroleum gas or any liquefied petroleum gas appliance is considered to be a product for the purposes of §

It is a Class 2 misdemeanor to sell or offer for sale, either at wholesale or retail, any liquefied petroleum gas, either in liquid or vapor form, except by weights and measures that are approved by the department. Source: SL 1957, ch 165 , § 1; SDC Supp 1960, § 31.03A06; SL 1977…

The department may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quan…

The department shall perform the functions required by this chapter. Source: SL 1973, ch 2 , § 54; SL 1979, ch 5 , § 2; SL 2003, ch 272 (Ex. Ord. 03-1, § 23; SL 2004, ch 17 , § 227; SL 2016, ch 183 , § 4.

The department shall conspicuously mark all condemned or rejected for repair devices. It is a Class 2 misdemeanor to remove or deface the mark except upon authorization of the department. Source: SL 1957, ch 165 , § 2; SDC Supp 1960, § 31.03A07; SL 1977, ch 190 , § 114; SL 2004, …

It is a Class 1 misdemeanor to use a weighing or measuring device for determining quantities of liquefied petroleum gas, either in liquid or vapor form, which has been condemned by the department. Source: SL 1957, ch 165 , § 2; SDC Supp 1960, § 31.03A07; SL 1977, ch 190 , § 115; …

All liquid gas meters shall be of a positive displacement type equipped with vapor separator or provided with such other equipment which will positively eliminate all air and vapor from passing through the meter with the liquid gas, and differential pressure regulator. A liquid g…

The secretary may promulgate rules, pursuant to chapter 1-26 , to establish tolerances within a maximum of two percent plus or minus, which may be necessary for the enforcement of §§ 34-39-1 to 34-39-6 , inclusive. Source: SL 1957, ch 165 , § 3; SDC Supp 1960, § 31.03A08; SL 1972…

No person other than the owner and those authorized by the owner to do so, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever. A violation…

No person shall knowingly purchase, sell or offer for sale, or lease, or rent or offer to lease or rent, any device designed to propel projectiles for the purpose of subcutaneous injections of tranquilizers, depressants, or other drugs into animals, which is not identified by a s…

Any person, partnership, limited liability company, firm, association, corporation, public or private, or department of state government, except a retailer possessing such device for purposes of resale, who possesses or uses a device designed to propel projectiles for the purpose…

Registrations pursuant to § 34-40-2 shall set forth the name, address, and occupation of the owner and the registration or serial number imprinted on such device. Source: SL 1967, ch 33 , § 2; SL 1972, ch 15 , § 3.

Whenever any registrant shall sell or lose a device registered under this chapter or have such a device stolen from him, he shall within three days report such sale, loss, or theft to the county sheriff of the county wherein the sale, loss, or theft occurred and to the sheriff of…

Any person who violates any of the provisions of this chapter shall be guilty of a Class 2 misdemeanor. Source: SL 1967, ch 33 , § 5; SL 1977, ch 190 , § 120.

Terms used in this chapter mean: (1) "Approved," acceptable to the authority having jurisdiction over the sale and use of portable oil - fueled heaters as set forth in this chapter. A listed portable oil - fueled heater may be approved if it satisfies the requirements set forth i…

Approved portable oil - fueled heaters may be offered for sale, sold, and used in structures in this state except in places of assembly, educational, health care, multi - family dwellings, or detention occupancies as defined by the National Fire Protection Association's 101 Life …

Approved portable oil - fueled heaters shall adhere to the following requirements: (1) Approved portable oil - fueled heaters shall have labeling affixed thereto to caution and inform concerning: (a) Provision of an adequate source of ventilation when the heater is in operation; …

The Department of Public Safety has jurisdiction over the sale and use of portable oil - fueled heaters. The provisions of this chapter exclusively govern the sale and use of portable oil - fueled heaters in this state. Source: SL 1983, ch 257 , § 4; SL 2003, ch 272 , §§ 20, 121.

A violation of § 34-42-2 or 34-42-3 is a Class 2 misdemeanor. Source: SL 1983, ch 257 , § 5.

An inspection warrant is a written order in the name of a county or municipality signed by a magistrate judge or circuit court judge, directed to a county or municipal official, commanding him to conduct any inspection required or authorized by state or local law or regulation re…

An inspection warrant may be issued only upon cause, supported by an affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. The agency shall demonstrate that the inspection is one that…

Cause shall exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, or premises, or there is reason to believe that a condition of nonconformity exists …

Before issuing an inspection warrant, the magistrate judge or circuit court judge may examine on oath the applicant and any other witness and shall satisfy himself of the existence of grounds for granting such application. Source: SL 1986, ch 290 , § 4.

If the magistrate judge or circuit court judge is satisfied that cause for the inspection exists, he shall issue the warrant particularly describing each place, dwelling, structure, or premises to be inspected and designating on the warrant the purpose and limitations of the insp…

An inspection warrant is effective for the time specified therein, but for no more than fourteen days, unless extended or renewed by the magistrate judge or circuit court judge who signed and issued the original warrant, upon satisfying himself that such extension or renewal is i…

An inspection made pursuant to a warrant authorized by §§ 34-43-1 to 34-43-8 , inclusive, may not be made between six p.m. of any day and eight a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, or premises unless …

Any person who willfully refuses to permit an inspection lawfully authorized by a warrant issued pursuant to §§ 34-43-1 to 34-43-8 , inclusive, is guilty of a Class 2 misdemeanor. Source: SL 1986, ch 290 , § 8.

Terms used in this chapter mean: (1) "Board," the Board of Minerals and Environment; (2) "Asbestos contractor," any person that undertakes an asbestos project, including inspections for asbestos - containing materials, prepares an asbestos management plan, or designs or carries o…

The department shall issue an asbestos abatement certificate to any asbestos contractor who: (1) Successfully completes an approved training course; (2) Demonstrates that each of his workers who works on or is directly responsible for an asbestos abatement project is certified un…

An asbestos contractor shall apply for a certification or renewal of a certification according to the procedures established by the board. Failure to obtain certification or renewal thereof is a Class 1 misdemeanor. Source: SL 1988, ch 284 , § 9.

The department may suspend or revoke, pursuant to chapter 1-26 , an asbestos abatement certificate issued to an asbestos contractor under § 34-44-10 if the asbestos contractor: (1) Fraudulently obtains or attempts to obtain a certificate; (2) Fails at any time to satisfy the qual…