South Dakota Codified Laws
Chapter 29B - Fire Prevention
Section 34-29B-1 - Definition of terms.

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.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 29B - Fire Prevention

Section 34-29B-1 - Definition of terms.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 34-29B-16 - Notice of violation.

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

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

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

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

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

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

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

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

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

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

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