CHAPTER 13-25
FIRE SAFETY IN SCHOOL BUILDINGS
13-25-1 Construction and maintenance of buildings in safe condition required--Matters considered.
13-25-2 Rules authorized to implement fire safety.
13-25-3 State Fire Marshal's power to inspect buildings.
13-25-4 Periodic inspection by State Fire Marshal--Conditions.
13-25-5 School building access for inspection--Aid and assistance by school officials.
13-25-6 Report of fire inspections--Distribution of copies.
13-25-7 Order to school board to eliminate hazardous conditions--Time allowed to comply.
13-25-8 13-25-8. Repealed by SL 1991, ch 139, § 7
13-25-8.1 Aggrieved schools' demand for hearing--Conduct of proceedings.
13-25-9 Authority to close or vacate school.
13-25-10 Evacuation drills.
13-25-11 Installation of automatic fire alarm equipment--Time requirements.
13-25-12 Fire alarm provisions--Exemption by state fire marshal.
13-25-13 Rules authorized for implementation of school fire alarm installations.
13-25-14 Extension of time to apply.
13-25-15 International codes as basis for new construction.
13-25-16 Inspection by certain municipalities.
13-25-17 Authority of state fire marshal.
13-25-1. Construction and maintenance of buildings in safe condition required--Matters considered.
In addition to all other requirements provided by law, every public or nonpublic school, or private institution operating a school shall be subject to the provisions of this chapter and shall be constructed, equipped, operated, and maintained in a safe condition so as to provide for the safety of all persons employed, accommodated, housed, or assembled therein, with respect to the type of construction and materials used, fireproofing, the number and types of ways of egress, aisles and passageways, stairs and fire escapes, wall openings, exits and exit signs, doors and doorways, shaft ways and other vertical openings, fire alarm systems, electrical equipment, flammable and explosive materials, heating systems and fuel storage, numbers of occupants, ventilation, and all other emergency protection.
Source: SL 1959, ch 217, § 3; SDC Supp 1960, § 31.04C03; SL 1975, ch 128, § 158.
13-25-2. Rules authorized to implement fire safety.
The secretary of public safety may promulgate rules in accordance with chapter 1-26 to protect the health and safety of persons from fire and like emergencies in order to facilitate and implement the purposes of this chapter.
Source: SL 1959, ch 217, § 7; SDC Supp 1960, § 31.04C07; SL 1975, ch 128, § 159; SL 1982, ch 18, § 3; SL 1986, ch 22, § 1; SL 1991, ch 139, § 1; SL 2006, ch 185, § 2.
13-25-3. State Fire Marshal's power to inspect buildings.
The State Fire Marshal may make inspection of all school buildings, auditoriums, gymnasiums, dormitories, shops, or other buildings operated as a part of or in conjunction with school activities of any school, public or nonpublic, whether owned by the school or not.
Source: SL 1959, ch 217, § 1; SDC Supp 1960, § 31.04C01; SL 1972, ch 96; SL 1975, ch 128, § 160; SL 1991, ch 139, § 2; SL 2004, ch 17, § 17.
13-25-4. Periodic inspection by State Fire Marshal--Conditions.
The State Fire Marshal shall inspect or cause to be inspected all buildings on a periodic basis of not less than two years for the purpose of fire safety and fire prevention. The inspection shall be made upon the conditions set forth in §§ 13-25-5 and 13-25-6.
Source: SL 1959, ch 217, § 2; SDC Supp 1960, § 31.04C02; SL 1991, ch 139, § 3; SL 2004, ch 17, § 18.
13-25-5. School building access for inspection--Aid and assistance by school officials.
Representatives of the State Fire Marshal may enter any such building at any reasonable hour to make such inspection. All school boards, school governing bodies, officials, and employees shall afford such representatives free access to every part of the premises, and render all aid and assistance necessary to enable them to make a thorough and complete examination of the premises.
Source: SL 1959, ch 217, § 2; SDC Supp 1960, § 31.04C02(1); SL 1975, ch 128, § 161; SL 1991, ch 139, § 4; SL 2004, ch 17, § 19.
13-25-6. Report of fire inspections--Distribution of copies.
After the completion of such inspection, the person making the same shall reduce the report of his findings to writing, which shall list all violations of fire protection laws discovered by such inspection, and he shall deliver a copy thereof to the school governing body or its representative of the district or other agency operating such school, and the original shall be filed with the Department of Public Safety.
Source: SL 1959, ch 217, § 2; SDC Supp 1960, § 31.04C02(2); SL 1975, ch 128, § 162; SL 2004, ch 17, § 20.
13-25-7. Order to school board to eliminate hazardous conditions--Time allowed to comply.
If after such inspection of any school, or school facility, as provided by this chapter, the inspector finds the building unsafe by reason of conditions existing therein which are suitable for causing or spreading fire, or engendering panic, or that the building has defects which are dangerous to the occupants therein, from a fire and life safety standpoint, he shall give a written order to the school governing body, or other agency operating such school or school facility, specifying these hazards, and the hazards to be eliminated. The school board, or governing body shall comply with such order within such time as may be allowed by the State Fire Marshal, which in no case shall be less than thirty days from and after the service of such order by registered or certified mail.
Source: SL 1959, ch 217, § 4; SDC Supp 1960, § 31.04C04; SL 1975, ch 128, § 163; SL 1991, ch 139, § 5; SL 2004, ch 17, § 21.
13-25-8.1. Aggrieved schools' demand for hearing--Conduct of proceedings.
Any school governing body, or other agency operating a school aggrieved by an order issued pursuant to § 13-25-7 may, within ten days after receipt thereof, demand a hearing by serving the secretary of public safety a copy of the demand. The secretary of public safety shall set a hearing date which shall be within twenty days of receiving the demand. The secretary shall notify the aggrieved party thereof at least ten days prior to the hearing. The proceedings shall be conducted as in contested cases and appeal may be made as provided by chapter 1-26.
Source: SL 1991, ch 139, § 6; SL 2006, ch 185, § 3.
13-25-9. Authority to close or vacate school.
If any school governing body or other agency operating a school fails to comply with the order provided by § 13-25-7, and fails to demand a hearing, as is provided in § 13-25-8.1, after the time for the hearing demand has expired, or the time to comply with the order has passed, whichever is later, the state fire marshal may immediately close the school or school facility to further use or occupancy, and may vacate and place out of service the school or school building, or facility until such time as the order's requirements are fulfilled.
Source: SL 1959, ch 217, § 5; SDC Supp 1960, § 31.04C05; SL 1975, ch 128, § 165; SL 1991, ch 139, § 8; SL 2004, ch 17, § 22; SL 2021, ch 73, § 8.
13-25-10. Evacuation drills.
Each school board shall have evacuation drills in each school under their jurisdiction. There shall be at least two fire exit drills each semester of the school year in schools through grade twelve. During such drills all personnel and all pupils shall completely leave the building and move to a safe distance therefrom. All superintendents, principals, teachers, instructors, and employees shall be thoroughly instructed in respect to duties under these evacuation drills. Each superintendent of schools or official in charge shall maintain a record of the dates and evacuation times of the evacuation drills conducted on the form provided by the Department of Public Safety. This record shall be available for inspection by a representative of the State Fire Marshal upon request.
The appointed representative of the State Fire Marshal, or the local fire chief or his designee may conduct evacuation drills at any school or institution, both public and private, in order to test the effectiveness of the warning system and the evacuation plan.
Source: SL 1982, ch 18, § 4; SL 1991, ch 139, § 9; SL 2004, ch 17, § 23.
13-25-11. Installation of automatic fire alarm equipment--Time requirements.
All public school districts shall install state approved fire alarm equipment in all public school attendance centers which shall be connected so that on-site alarms and fire department notification shall automatically be instituted in the event of fire.
The alarm systems required in this section shall be installed, inspected, and operative by July 1, 1987.
Source: SL 1986, ch 128, §§ 1, 3.
13-25-12. Fire alarm provisions--Exemption by state fire marshal.
If the state fire marshal finds that due to the remote location of the public school attendance center the response time of the local fire department makes saving the attendance center from extensive fire damage unlikely, he may exempt certain remote small public school attendance centers from § 13-25-11.
Source: SL 1986, ch 128, § 4; SL 2021, ch 73, § 9.
13-25-13. Rules authorized for implementation of school fire alarm installations.
The State Fire Marshal may adopt rules, pursuant to chapter 1-26, for the implementation of §§ 13-25-11 to 13-25-13, inclusive.
Source: SL 1986, ch 128, § 2; SL 1991, ch 139, § 10; SL 2004, ch 17, § 24.
13-25-14. Extension of time to apply.
If the school board or other governing agency finds it is difficult to comply with the requirements due to financial circumstances, application may be made to the State Fire Marshal for an extension of time in which to comply with this chapter. The request shall be made in writing, stating the reasons for such time extension. The State Fire Marshal shall investigate the request and shall grant a time extension if there is deemed a legitimate reason for delay.
Source: SL 1991, ch 139, § 11; SL 2004, ch 17, § 25.
13-25-15. International codes as basis for new construction.
For new construction after July 1, 2016, any rules adopted by the Department of Public Safety shall use as a basis for their development the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards which may be modified, amended, or deleted if the secretary finds that strict application of the code is impractical and, furthermore, that the modification is in conformity with the intent and purpose of the code or standards.
Source: SL 1991, ch 139, § 12A; SL 2006, ch 185, § 4; SL 2010, ch 177, § 2; SL 2016, ch 181, § 1.
13-25-16. Inspection by certain municipalities.
Nothing in this chapter shall preclude the director from entering into an agreement with a first class municipality to conduct an inspection so long as he is satisfied that the inspection will meet the standards of the division.
Source: SL 1991, ch 139, § 12B.
13-25-17. Authority of state fire marshal.
The state fire marshal may summarily abate any condition that presents a fire hazard as defined in subdivision 34-29B-1(7) and which constitutes an immediate threat to life safety.
Source: SL 1994, ch 119.
