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Codified Laws
34-28 SAFETY HAZARDS IN GENERAL
CHAPTER 34-28

SAFETY HAZARDS IN GENERAL

34-28-1      Allowing steam boiler or engine to endanger life as misdemeanor.
34-28-2      Repealed.
34-28-3      Abandonment of air-tight refrigerator or other furniture as misdemeanor.
34-28-4      Repealed.
34-28-5      Glazing materials in buildings--Definition of terms.
34-28-6      Labeling of safety glass--Contents--Visibility--Use prohibited on other materials--Violation as petty offense.
34-28-7      Safety glass required in hazardous locations.
34-28-8      Repealed.
34-28-9      Employees exempt from liability.
34-28-10      Local ordinances supplemental--Conflicts.



34-28-1Allowing steam boiler or engine to endanger life as misdemeanor.

Every engineer, or other person, having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, employed in any manufactory, railway, or other mechanical works, who negligently creates or allows to be created such an undue quantity of steam as to burst or break the boiler or engine or apparatus, or cause any other accident whereby human life is endangered, is guilty of a Class 1 misdemeanor.

Source: PenC 1877, § 409; CL 1887, § 6610; RPenC 1903, § 419; RC 1919, § 4127; SDC 1939, § 13.1622; SL 1977, ch 190, § 76.



34-28-2
     34-28-2.   Repealed by SL 1977, ch 190, § 77.



34-28-3Abandonment of air-tight refrigerator or other furniture as misdemeanor.

Any person, firm, or corporation abandoning or discarding in any public or private place accessible to children any chest, closet, piece of furniture, refrigerator, icebox, or other article having a compartment of a capacity of one and one-half cubic feet or more and having a door or lid which when closed cannot be opened easily from the inside, or who being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded article to remain in such condition is guilty of a Class 2 misdemeanor.

Source: SL 1955, ch 33; SDC Supp 1960, § 13.1626; SL 1977, ch 190, § 78.



34-28-4
     34-28-4.   Repealed by SL 1977, ch 190, § 79.



34-28-5Glazing materials in buildings--Definition of terms.

Terms as used in §§ 34-28-5 to 34-28-10, inclusive, unless the context otherwise requires, mean:

(1)    "Bathtub enclosure," a sliding, pivoting, or hinged door and fixed panels which are glazed or to be glazed and used to form a barrier between the bathtub and the rest of the room area;

(2)    "Commercial buildings," buildings such as wholesale and retail stores and storerooms, and office buildings;

(3)    "Commercial entrance and exit door," a hinged, pivoting, revolving, or sliding door which is glazed or to be glazed and used alone or in combination with other doors (other than doors covered by subdivision (15) of this section), on interior or exterior walls of a commercial, public, or industrial building as a means of passage, ingress, or egress;

(4)    "Fixed flat glazed panels immediately adjacent to entrance or exit doors," the first fixed flat glazed panel on either or both sides of interior or exterior doors, exclusive of glass lights located not less than eighteen inches above the adjacent finished floor walking surface, forty-eight inches or less in width, the nearest vertical edge of which is located within four feet horizontally of the nearest vertical edge of the door;

(5)    "Glazed," the accomplished act of glazing;

(6)    "Glazing," the act of installing and securing glass or other glazing material into prepared openings in structural elements such as doors, enclosures, and panels;

(7)    "Hazardous locations," those structural elements, glazed or to be glazed, in residential buildings and other structures used as dwellings, commercial buildings, industrial buildings, and public buildings, known as interior and exterior commercial entrance and exit doors and the immediately adjacent flat fixed glazed panels, sliding glass door units including the fixed glazed panels which are part of such units, storm or combination doors, shower and bathtub enclosures, primary residential entrance and exit doors and the fixed or operable adjacent sidelights, whether or not the glazing in such doors, panels and enclosures is transparent, excluding glass lights when the largest dimension is no greater than eighteen inches;

(8)    "Industrial buildings," buildings such as factories;

(9)    "Other structures used as dwellings," buildings such as mobile homes, manufactured or industrialized housing and lodging homes;

(10)    "Primary residential entrance and exit door," a door (other than doors covered by subdivision (15) of this section) which is glazed or to be glazed and used in an exterior wall of a residential building and other structures used as dwellings, as a means of ingress or egress;

(11)    "Public buildings," buildings such as hotels, hospitals, motels, dormitories, sanitariums, nursing homes, theaters, stadiums, gymnasiums, amusement park buildings, schools, and other buildings used for educational purposes, museums, restaurants, bars, correctional institutions, places of worship, and other buildings of public assembly;

(12)    "Residential buildings," buildings such as homes and apartments used as dwellings for one or more families or persons;

(13)    "Safety glazing material," any glazing material, such as tempered glass, laminated glass, wire glass, or rigid plastic, which meets the test requirements of the American National Standards Institute Standard Z-97.1-1972, and which are so constructed, treated, or combined with other materials as to minimize the likelihood of cutting and piercing injuries resulting from human contact with the glazing material;

(14)    "Shower enclosure," a hinged, pivoting, or sliding door and fixed panels which are glazed or to be glazed and used to form a barrier between the shower stall and the rest of the room area;

(15)    "Sliding glass door units," an assembly of glazed or to be glazed panels contained in an overall frame, installed in residential buildings and other structures used as dwellings, commercial, industrial, or public buildings, and so designed that one or more of the panels is movable in a horizontal direction to produce or close off an opening for use as a means of passage, ingress, or egress;

(16)    "Storm or combination door," a door which is glazed or to be glazed, and used in tandem with a primary residential or commercial entrance and exit door to protect the primary residential or commercial entrance or exit door against weather elements and to improve indoor climate control.

Source: SL 1973, ch 232, § 1.



34-28-6Labeling of safety glass--Contents--Visibility--Use prohibited on other materials--Violation as petty offense.

Each lite of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations, or installed in such a location within the State of South Dakota shall be permanently labeled by such means as etching, sandblasting, firing of ceramic material, hot-die stamping, transparent pressure sensitive labels, or by other suitable means. The label shall identify the seller, whether manufacturer, fabricator, or installer, the nominal thickness and the type of safety glazing material, and the fact that said material meets the test requirements of the American National Standards Institute Standard Z-97.1-1972. The label must be legible and visible after installation. Such safety glazing labeling shall not be used on other than safety glazing materials. A violation of this section is a petty offense.

Source: SL 1973, ch 232, § 2; SL 1977, ch 190, § 80.



34-28-7Safety glass required in hazardous locations.

It is a Class 2 misdemeanor within the State of South Dakota to knowingly install, cause to be installed, or consent to installation of glazing materials other than safety glazing materials in any hazardous location.

Source: SL 1973, ch 232, § 3; SL 1977, ch 190, § 81.



34-28-8
     34-28-8.   Repealed by SL 1977, ch 190, § 82.



34-28-9Employees exempt from liability.

No liability under § 34-28-6 or 34-28-7 shall be created as to workmen who are employees of a material supplier, contractor, subcontractor, or other employer responsible for compliance with said sections.

Source: SL 1973, ch 232, § 4.



34-28-10Local ordinances supplemental--Conflicts.

Sections 34-28-5 to 34-28-9, inclusive, shall not be construed as repealing any local ordinance but shall be held and construed as ancillary and supplemental thereto, provided, however, that in the case of any conflict, the provisions of §§ 34-28-5 to 34-28-9, inclusive, shall supersede applicable provisions of local ordinances.

Source: SL 1973, ch 232, § 6.