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Administrative Rules
Rule 61:15:03 FLAMMABLE GASES AND LIQUIDS BLUEPRINTS

CHAPTER 61:15:03

FLAMMABLE GASES AND LIQUIDS BLUEPRINTS

Section

61:15:03:01        Blueprints of installations required.

61:15:03:02        Information required on blueprint.

61:15:03:03        Drawing requirements for aboveground storage.

61:15:03:04        Drawing requirements for underground storage.

61:15:03:05        Detail required on drawings and blueprints.

61:15:03:06        Role of local jurisdictions.

61:15:03:07        Reasons for denial.

61:15:03:08        Delegation of authority to grant uncontested variance.

61:15:03:09        Deadline to file petitions.




Rule 61:15:03:01 Blueprints of installations required.

          61:15:03:01.  Blueprints of installations required. Except as provided in § 61:15:03:06, duplicate copies of drawings or blueprints for any construction or installation for the storage, handling, or use of flammable or combustible liquids or liquefied petroleum gas shall be submitted to the Department of Public Safety for approval. The drawings or blueprints must be drawn to scale and include structural, electrical, plumbing, and mechanical features. Approval is required before any construction or installation may be undertaken in aboveground storage for retail sales, bulk plants, service stations, and processing plants. Within 20 days after receipt of the application with drawings or blueprints, a representative of the Department of Public Safety shall examine them. If the drawings or blueprints conform to the applicable requirements of this chapter, the representative shall approve the application, retain one copy for the files, and return the other copy to the applicant, plus any additional copies submitted by the applicant. If the drawings or blueprints do not conform to the applicable requirements, the representative shall notify the applicant.

 

          Source: SL 1975, ch 16, § 1; transferred from § 61:10:03:01, 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 50, effective September 16, 1991; 23 SDR 32, effective September 11, 1996; 27 SDR 75, effective February 7, 2001; 30 SDR 48, effective October 16, 2003; 33 SDR 113, effective January 2, 2007.

          General Authority: SDCL 34-29B-2, 34-38-35.

          Law Implemented: SDCL 34-29B-2, 34-38-24, 34-38-25, 34-38-26.

 




Rule 61:15:03:02 Information required on blueprint.

          61:15:03:02.  Information required on blueprint. Blueprints or drawings shall show the name of the person, firm, or corporation proposing the installation, the location of the installation, and the adjacent streets or highways.

          Source: SL 1975, ch 16, § 1; transferred from § 61:10:03:02, 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 32, effective September 11, 1996.

          General Authority:SDCL 34-29B-2, 34-38-35.

          Law Implemented:SDCL 34-29B-2, 34-38-25.




Rule 61:15:03:03 Drawing requirements for aboveground storage.

          61:15:03:03.  Drawing requirements for aboveground storage. For aboveground storage, the drawings shall show:

          (1)  The capacity of each tank;

          (2)  The dimensions of each tank;

          (3)  The class of liquid to be stored in each tank;

          (4)  The type of tank supports;

          (5)  The clearances between tanks;

          (6)  The type of venting and pressure relief used and the combined capacity of all venting and pressure relief valves on each tank;

          (7)  The tank control valves;

          (8)  The location and type of pump;

          (9)  Electrical schematic;

          (10)  Vehicle access;

          (11)  Method of storage and dispensing; and

          (12)  Distances from tanks and dispensers to property lines and buildings, fire appliances, collision barriers, and emergency controls.

          Source: SL 1975, ch 16, § 1; transferred from § 61:10:03:03, 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 50, effective September 16, 1991; 23 SDR 32, effective September 11, 1996.

          General Authority:SDCL 34-29B-2, 34-38-35.

          Law Implemented:SDCL 34-29B-2, 34-38-24, 34-38-25, 34-38-26.




Rule 61:15:03:04 Drawing requirements for underground storage.

          61:15:03:04.  Drawing requirements for underground storage. For underground systems, the drawings shall show the location and capacity of each tank, and the class of liquid to be stored in the tanks, together with the clearances and requirements and the location of fill, gauge, and vent pipes and other openings.

          Source: SL 1975, ch 16, § 1; transferred from § 61:10:03:04, 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 32, effective September 11, 1996.

          General Authority:SDCL 34-29B-2, 34-38-35.

          Law Implemented:SDCL 34-29B-2, 34-38-24, 34-38-25.

          Cross-Reference: Conformity with national standards, § 61:15:01:01.




Rule 61:15:03:05 Detail required on drawings and blueprints.

          61:15:03:05.  Detail required on drawings or blueprints. Drawings or blueprints for installations for storage, handling, or use of flammable liquids within buildings or enclosures at any establishment or occupancy covered by this section shall show in detail whether applicable requirements are met.

          Source: SL 1975, ch 16, § 1; transferred from § 61:10:03:05, 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 23 SDR 32, effective September 11, 1996.

          General Authority:SDCL 34-29B-2, 34-38-35.

          Law Implemented:SDCL 34-29B-2, 34-38-24, 34-38-25.




Rule 61:15:03:06 Role of local jurisdictions.

          61:15:03:06.  Role of local jurisdictions. Drawings or blueprints of a proposed installation shall be first submitted to the applicable local official or governing body. The local official or governing body shall require compliance with the applicable requirements of this chapter and may require compliance with more stringent local requirements. Local approval must be in writing and signed by the head of the local governing body. After local approval has been given, the applicant shall send the approval letter, plans, and specifications to the Department of Public Safety for approval pursuant to § 61:15:03:01.

 

          Source: SL 1975, ch 16, § 1; transferred from § 61:10:03:06, 8 SDR 87, 8 SDR 134, effective July 1, 1982; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 18 SDR 50, effective September 16, 1991; 23 SDR 32, effective September 11, 1996; 27 SDR 75, effective February 7, 2001; 33 SDR 113, effective January 2, 2007.

          General Authority: SDCL 34-29B-2, 34-38-35.

          Law Implemented: SDCL 34-29B-2, 34-38-25.

 




Rule 61:15:03:07 Reasons for denial.

          61:15:03:07.  Reasons for denial. In addition to failure to meet the applicable provisions provided by statute, failure to meet the applicable provisions in this article, failure to obtain any variance required by statute, or failure to comply with local regulations, the Department of Public Safety may deny approval for use of aboveground storage tanks at retail locations if there is a false statement or misrepresentation of a material fact in the request or plans on which the request was based or the proposed location is in an area where undue hazard to the safety of the general public can be expected.

 

          Source: 18 SDR 50, effective September 16, 1991; 27 SDR 75, effective February 7, 2001; 33 SDR 113, effective January 2, 2007.

          General Authority: SDCL 34-38-35.

          Law Implemented: SDCL 34-38-24, 34-38-25, 34-38-35.

 




Rule 61:15:03:08 Delegation of authority to grant uncontested variance.

          61:15:03:08.  Delegation of authority to grant uncontested variance. If no petition in opposition is filed pursuant to § 61:15:03:09, the Department of Public Safety may grant a variance pursuant to SDCL 34-38-39. A variance may be granted no sooner than 20 days after publication of the variance notice. Petitions filed in support of a variance may not result in a hearing; however, the petitioner will receive notice if a hearing is to be held.

 

          Source: 18 SDR 50, effective September 16, 1991; 23 SDR 32, effective September 11, 1996; 27 SDR 75, effective February 7, 2001; 33 SDR 113, effective January 2, 2007.

          General Authority: SDCL 34-38-35.

          Law Implemented: SDCL 34-38-25, 34-38-35, 34-38-39.

 




Rule 61:15:03:09 Deadline to file petitions.

          61:15:03:09.  Deadline to file petitions. Petitions filed to oppose or support a variance request must be served by first class mail or personally delivered to the Department of Public Safety and the variance applicant. Mail must be postmarked or personal delivery must occur at least 10 days before the published date of the hearing. If the 10th day is a Saturday, Sunday, or legal holiday, petitions must be postmarked or personally delivered to the Department of Public Safety by the next working day.

 

          Source: 18 SDR 50, effective September 16, 1991; 23 SDR 32, effective September 11, 1996; 27 SDR 75, effective February 7, 2001; 33 SDR 113, effective January 2, 2007.

          General Authority: SDCL 34-38-35.

          Law Implemented: SDCL 34-38-25, 34-38-35, 34-38-39.

 

Online Archived History: