34-36-2. Registration of explosive sales required--Contents of entry--Noncompliance as misdemeanor.

No person shall sell any dynamite or explosive as defined by subdivision 22-1-2(14), except ordinary gunpowder, to any person unknown to the seller unless introduced by some person known to the seller. On every sale the seller shall, before delivery, make entry on a book kept for that purpose stating the date of sale, the name and address of the purchaser, the name and quantity of the article sold, the purpose for which it is required, and the name of the person, if any, who introduced the purchaser. Any person failing to comply with this section is guilty of a Class 1 misdemeanor.

Source: SL 1913, ch 209; RC 1919, § 3978; SDC 1939, § 13.1606; SL 1972, ch 140, § 19; SL 1977, ch 190, § 99; SL 1989, ch 30, § 60.

34-36-3. Inspections by State Fire Marshal.

The State Fire Marshal may make inspections of the records and reports required of licensees and permittees and all buildings, areas, or vehicles where the manufacture, storage, transportation, or use of explosives is involved, in the interest of public safety.

Source: SL 1969, ch 229, § 1; SL 1991, ch 285, § 1; SL 2004, ch 17, § 222.

34-36-4. Promulgation of rules.

For the purpose of implementing this chapter, the Department of Public Safety may adopt reasonable rules to protect the health and safety of persons from fire, explosion, and like emergencies. Such rules shall be promulgated in accordance with chapter 1-26 in the following areas:

(1)    Definitions;

(2)    The licensing of manufacturers, importers, and dealers of explosive materials;

(3)    Establishment of permit classes and requirements;

(4)    The issuance of permits;

(5)    Denial or revocation of permits;

(6)    The conduct of business by licensees and operations by permittees;

(7)    The records and reports required of licensees and permittees;

(8)    The storage and transportation of explosive material;

(9)    Exemptions;

(10)    Alternate methods of procedures, emergency variations from requirements; and

(11)    Establishment of license and permit fees.

Source: SL 1969, ch 229, § 2; SL 1972, ch 140, § 20; SL 1982, ch 18, § 100; SL 1991, ch 285, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2012, ch 187, § 1.

34-36-5. Orders requiring compliance with statutes and rules.

If the State Fire Marshal finds by inspection that any statute or rule has been violated, or defects of installation exist, it shall issue an order in writing requiring immediate and full compliance with the provisions of the state law and the rules adopted pursuant thereto.

Source: SL 1969, ch 229, § 3; SL 1991, ch 285, § 3; SL 2004, ch 17, § 223.

34-36-6. Violation or interference with enforcement as misdemeanor.

Any person who violates the rules and regulations adopted pursuant to this chapter, or who fails or refuses to observe an order for the enforcement of said rules and regulations or who hinders, delays, or interferes with any officer charged with the enforcement of this chapter in the performance of his duty, is guilty of a Class 1 misdemeanor.

Source: SL 1969, ch 229, § 4; SL 1977, ch 190, § 100.