34-29B-1. Definition of terms.

Terms as used in this chapter mean:

(1)    "Alternative," a system, condition, arrangement, material, or equipment submitted to the fire marshal as a substitute for a code requirement;

(2)    "Approval," to sanction officially by signature or certificate;

(3)    "Approved," acceptable to the authority having jurisdiction;

(4)    "Certificate," a written document issued by authority of the fire marshal to any person for the purpose of granting permission to that person to conduct or engage in any operation or act for which certification is required;

(5)    "Department," Department of Public Safety;

(6)    Deleted by SL 2004, ch 17, § 209;

(7)    "Fire hazard," any situation, process, material, or condition that, on the basis of applicable data, may cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion and that poses a threat to life or property;

(8)    "Fire official," any authorized person serving as an employee, representative, or agent, of a certified fire department or state fire marshal;

(9)    "Inspection," a close and critical examination;

(10)    "Inspector," a person who examines buildings, equipment, and processes for the purpose of affecting proper conditions with reference to fire and life safety;

(11)    "Investigation," the act of investigating fires to determine the cause and circumstances of the origin of the fire;

(12)    "Premises," a tract of land with structures or other appurtenances thereon;

(13)    "Standard," substantially uniform, well established and widely recognized as acceptable and authoritative procedure or procedure as adopted in rule by the division;

(14)    "State fire marshal," the individual designated in this chapter, who is responsible for the administration and enforcement of this chapter. For the purpose of enforcement of this chapter, this term also applies to any person who is a representative of the fire marshal;

(15)    "Structure," is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner;

(16)    "Summarily abate," to immediately judge a condition to be a fire hazard to life or property and to order immediate correction of such condition;

(17)    "Vehicle," every device in, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks; including bicycles and ridden animals;

(18)    "Vessel," every type of water craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;

(19)    "Written notice," a notification in writing delivered in person to the individual or parties intended, or delivered at, or sent by first class, certified or registered mail to, the last residential or business address of legal record.

Source: SL 1991, ch 283, § 1; SL 2003, ch 272, § 23; SL 2004, ch 17, § 209.

34-29B-2. Program for prevention, investigation, training, and education--Promulgation of rules.

The State Fire Marshal shall establish a program of fire prevention, fire investigation, fire training, and public fire education. The secretary of public safety may promulgate rules, pursuant to chapter 1-26, to protect the health or safety of persons from fire and like emergencies, based on codes and standards set forth by the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards except such portions as are deleted, modified, or amended, unless the secretary finds that the strict application of the code is impractical and that the modification is in conformity with the intent and purpose of the code or standards. The rules may be adopted in the following areas:

(1)    The prevention of fires including:

(a)    Fire safety regulations governing buildings used by the general public with the exception of health care facilities inspected by the Department of Health;

(b)    Fire safety regulations governing lodging and eating establishments;

(c)    Fire safety regulations governing multifamily residences housing six or more families. However, if a municipality has adopted regulations regarding multifamily residences that are in conformity with this chapter, those regulations are the applicable regulations;

(d)    Fire safety regulations governing publicly owned buildings;

(e)    Fire safety regulations governing detention or correctional facilities, regardless of ownership; and

(f)    Fire safety regulations governing day care facilities;

(2)    The manufacture, transportation, storage, sale, and use of combustible or flammable liquids or liquefied petroleum gases;

(3)    The means and adequacy of exit in case of fire;

(4)    The investigation of the cause, origin, and circumstances of fires and explosions;

(5)    The maintenance of fire cause and loss records;

(6)    The maintenance of a record of fire prevention inspections;

(7)    A program of fire service training and public fire education;

(8)    The review and approval of plans and specifications to determine compliance with applicable fire codes and statutes as it pertains to facilities dealing with combustible or flammable liquids and or liquid petroleum gases; and

(9)    The abatement of unsafe buildings or structures regulated by this chapter which constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, or abandonment.

Source: SL 1991, ch 283, § 2; SL 2004, ch 17, § 210; SL 2006, ch 185, § 1; SL 2010, ch 177, § 1; SL 2016, ch 181, § 2.

34-29B-3. State fire marshal--Appointment and approval--Deputies.

The state fire marshal shall administer and enforce this chapter. The state fire marshal shall be appointed by the department secretary with the approval of the Governor and serve at the pleasure of the Governor and shall operate under the supervision of the secretary of public safety. The state fire marshal may designate a chief deputy and such deputy fire marshals as may be authorized.

Source: SL 1991, ch 283, § 3; SL 2003, ch 272, § 23.

34-29B-4. Inspection--Permission or warrant required--Credentials.

Any fire official engaged in fire prevention and inspection work may at all reasonable times enter and examine any building, structure, vessel, vehicle, or premises for the purpose of making fire safety inspections. The fire official shall first obtain the consent of the occupant thereof or obtain an inspection warrant pursuant to chapter 34-43 except in those instances where an emergency exists. As used in this section, "emergency" means circumstances which a fire official has reason to believe exist, which may constitute immediate danger to life and property.

Any fire official authorized to enter and inspect buildings, structures, vessels, vehicles, or premises shall be identified by proper credentials issued by a governmental jurisdiction or the state fire marshal.

Source: SL 1991, ch 283, § 4.

34-29B-5. Powers of fire official at the scene of a fire.

Any fire official in charge at the immediate scene of a fire involving the protection of life or property or both, may direct the operation to extinguish or control any fire and investigate the existence of suspected or reported fires. In the exercise of such power, such fire official may prohibit any person, vehicle, or vessel from approaching the fire scene and may remove or cause to be removed or kept away from the scene any person, vehicle or vessel which may impede or interfere with the operations of the fire official.

Source: SL 1991, ch 283, § 5.

34-29B-6. Interference with, or disobedience of, fire official as misdemeanor.

It is a Class 1 misdemeanor for any person to interfere with a fire official or law enforcement official carrying out any duties or functions prescribed by this chapter. It is also a Class 1 misdemeanor for any person to disobey a lawful order of a fire official or law enforcement official.

Source: SL 1991, ch 283, § 6.

34-29B-7. Impersonating official as misdemeanor.

It is a Class 1 misdemeanor for any person to use an official badge, uniform, or other credentials to impersonate a fire official for the purpose of gaining access to any building, structure, vessel, vehicle, or premises in a jurisdiction.

Source: SL 1991, ch 283, § 7.

34-29B-8. Fire marshal to investigate circumstances of fire or explosion.

The state fire marshal may investigate the cause, origin, and circumstances of fire or explosions by which property has been destroyed or damaged and, attempt to determine whether the fire or explosion is the result of carelessness or design. The state fire marshal may take charge of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall cooperate with the authorities in the collection of evidence and the prosecution of the case.

Source: SL 1991, ch 283, § 8.

34-29B-9. Written report to fire marshal.

Every fire shall be reported in writing to the state fire marshal by the fire department officer in whose jurisdiction such a fire has occurred within thirty days of the occurrence. The report shall be in a form prescribed by the state fire marshal and shall contain a statement of all facts relating to the cause, origin, and circumstances of the fire, the extent of the damage, the insurance upon such property and any other information as may be required, including the injury, death, or rescue of persons.

Source: SL 1991, ch 283, § 9.

34-29B-10. Periodic inspection of premises--Orders to enforce laws and regulations--Penalties.

The state fire marshal may inspect or cause to be inspected premises as authorized in this chapter on a periodic basis, and may make any orders as may be necessary for the enforcement of the laws and regulations governing the same and for the safeguarding of life and property from fire.

Any owner or occupant failing to comply with such order within a reasonable period after the service of the order may be liable to penalties as provided in this chapter.

Source: SL 1991, ch 283, §§ 10, 12; SL 1991, ch 283, §§ 10, 12.

34-29B-11. Fire marshal empowered to abate immediate fire hazards.

The state fire marshal may summarily abate any condition that is in violation of any provision of this chapter that presents immediate fire hazard to life or property.

Source: SL 1991, ch 283, § 11.

34-29B-11.1. Fire marshal may prohibit or restrict open burning.

The state fire marshal, after consultation with the Governor and the affected board of county commissioners, may prohibit or restrict open burning within a county in order to protect the public health and safety. This section does not limit or affect the laws of this state relating to the authority of counties or other local entities to prohibit or restrict open burning.

Source: SL 2001, ch 187, § 1.

34-29B-12. Review of fire marshal's actions--Appeal.

Any person aggrieved by any action or decision of the state fire marshal pursuant to this chapter may seek review of such action or decision by the secretary of public safety pursuant to the contested case provisions of chapter 1-26. The decision of the secretary of public safety may be appealed to the circuit court in the manner provided by chapter 1-26.

Source: SL 1991, ch 283, § 13; SL 2003, ch 272, § 23.

34-29B-13. Injunction for violation of chapter.

The state fire marshal may commence actions for injunction for violation of this chapter or regulations promulgated pursuant to this chapter.

Source: SL 1991, ch 283, § 14.

34-29B-14. Violation of fire marshal's order as misdemeanor--Evidence.

It is a Class 1 misdemeanor for any person to permit or maintain any situation, circumstances, or condition which is in violation of any order of the state fire marshal. It is also a Class 1 misdemeanor to disobey any provision of the order or to fail to comply with any written variation authorized by the state fire marshal. Proof of such unlawful condition or proof of the failure to obey such order is prima facie evidence that such act is that of the owner or other person in control of the premises.

Source: SL 1991, ch 283, § 15.

34-29B-15. Application for alternative--Documentation--Records--Deadline for denial of application.

Each application for an alternative shall be filed with the state fire marshal and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as may be required to justify the request. The state fire marshal shall keep a record of actions of such applications and a signed copy of the state fire marshal's decision shall be provided for the applicant. The state fire marshal may grant or deny any properly filed application; but if the state fire marshal does not deny an application within twenty days of its filing, the alternative shall be deemed granted.

Source: SL 1991, ch 283, § 16; SL 1992, ch 250.

34-29B-16. Notice of violation.

Except as provided in this chapter, if the state fire marshal finds violations of this chapter, a written notice shall be issued to confirm such findings. The notice shall set forth a time limit for compliance, which limit shall be correlated to the degree of hazard created by the violation and availability of means of abatement.

Source: SL 1991, ch 283, § 17.

34-29B-17. Service of order or notice.

Any order or notice issued pursuant to this chapter may be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, first class mail, registered or certified mail. For unattended or abandoned locations, a copy of the order or notice shall be posted on the premises in a conspicuous place at or near the entrance to the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address for the owner, occupant, or both, or any person shown by public record to have a possessory interest.

Source: SL 1991, ch 283, § 18.

34-29B-18. Revocation, suspension, or denial of approval.

The state fire marshal may revoke, suspend, or deny the granting of any approval required by this chapter or regulation, for noncompliance with the provisions of such or failure to meet the provisions of this chapter.

Source: SL 1991, ch 283, § 19.

34-29B-19. Fire Marshal's Advisory Board--Members appointed by governor.

A State Fire Marshal's Advisory Board is hereby established consisting of five members who shall be appointed by the Governor. Not all the members may be of the same political party. The Governor shall attempt to appoint individual members to represent the firefighters, fire equipment industry, and the fire insurance underwriters.

Source: SL 1991, ch 283, § 20.

34-29B-20. Board member's term of office--Removal.

The term of office for members of the advisory board shall be four years. Any member is subject to removal by the Governor at any time for neglect of his duties or for other cause which in the opinion of the Governor makes his continued membership unwise in the public interest. The terms of members who are first appointed after January 1, 1992, shall be: two appointed for a term of one year; two appointed for a term of two years; and one for a term of four years. Such initial terms shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of term.

Source: SL 1991, ch 283, § 21.

34-29B-21. Secretary of public safety as ex-officio chairman of board.

The secretary of public safety shall be ex-officio chairman of the fire marshal's advisory board.

Source: SL 1991, ch 283, § 22; SL 2003, ch 272, § 23.

34-29B-22. Board to assist State Fire Marshal.

The board shall advise, aid, and assist the State Fire Marshal in the performance of the duties and functions described in the chapter as directed by the secretary.

Source: SL 1991, ch 283, § 23; SL 2004, ch 17, § 211.

34-29B-23. Meetings of board--Time and place set by secretary of public safety.

The state fire marshal's advisory board shall meet whenever directed by the secretary of public safety. The secretary shall give notice to the members setting forth the time and place of the meeting.

Source: SL 1991, ch 283, § 24; SL 2003, ch 272, § 23.

34-29B-24. Effect of adoption of this chapter or repeal of other provisions on time limits imposed by existing laws.

The adoption of this chapter or the repeal of any other existing provision of law including regulations or orders may not be construed to alter any time limit that may have been imposed by any existing law, regulation, or order of the state fire marshal relating to compliance with such limits.

Source: SL 1991, ch 283, § 25.

34-29B-25. Standards of municipal regulations--More stringent requirements not prohibited.

Regulations adopted by municipalities under the provisions of chapter 9-33 shall be at least equal to the standards adopted by the State Fire Marshal. Any municipality may by reference adopt such standards from time to time and enforce such regulations as their own. Nothing in this chapter or rules adopted pursuant to this chapter prohibits any political subdivision of the state from making and enforcing more stringent requirements than those set forth in this chapter or rules adopted pursuant to this chapter.

Source: SL 1991, ch 283, § 26; SL 2004, ch 17, § 212.

34-29B-26. Effect of chapter on local zoning ordinances--Regulation of flammable or combustible liquid bulk plants.

Nothing in this chapter or in the rules pursuant thereto may be construed to affect the power of any local government, if so authorized by law, to regulate the use of land by zoning, and any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquid bulk plants within areas which are predominantly residential and areas used predominantly for retail mercantile purposes.

Source: SL 1991, ch 283, § 74; SL 1992, ch 60, § 2.

34-29B-27. Municipal regulation of tank vehicles--Load and capacity of vehicles.

Nothing in this chapter may be construed to mean that a governing body of a first or second class municipality may not regulate movement of tank vehicles to specific routes and streets. Load and capacity of tank vehicles shall be governed by the uniform motor vehicle and traffic laws of South Dakota and local regulation as therein authorized.

Source: SL 1991, ch 283, § 75; SL 1992, ch 60, § 2.