reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-30 - Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.

34-38-30. Impermissible methods for dispensing fuel from aboveground tank--Equipment requirements as to tanks--Failure to comply as misdemeanor.
No person may dispense fuel from an aboveground storage tank by either gravity flow or pressurization of the tank. The owner of an aboveground storage tank shall prevent the release of liquid from the tank by syphon flow.
If an aboveground storage tank is at an elevation that produces a gravity head on the dispensing device, the tank outlet shall be equipped with a device such as a normally-closed solenoid valve that will prevent gravity flow from the tank to the dispenser. This device shall be located adjacent to and downstream of the outlet valve. The device shall be installed and adjusted so that liquid cannot flow by gravity from the tank to the dispenser if the piping or hose fails.
If a submersible pump system is used, a listed rigidly anchored emergency shutoff valve, incorporating a fusible link or other thermally actuated device which is designed to close automatically in the event of severe impact or fire exposure, shall be installed in accordance with the manufacturer's instructions in the supply line at the base of each individual island-type dispenser or at the inlet of each overhead dispensing device. An emergency shutoff valve incorporating a slip joint feature may not be used. The automatic closing feature of this valve shall be checked at the time of initial installation and at least once a year thereafter by manually tripping the hold-open linkage.
If a suction pump-type dispensing device is used, a listed, vacuum-actuated shut-off valve, with a shear section, or an equivalent-type valve shall be installed directly beneath each dispensing device.
Shut-off and check valve shall be equipped with a pressure-relieving device to relieve the pressure generated by thermal expansion back to the tank and piping shall be routed so that exposure to physical damage is minimized.
A violation of this section is a Class 2 misdemeanor.
Source:
SL 1991, ch 269, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-32 - Maintenance of area within any dike.

34-38-32. Maintenance of area within any dike.
The area within any dike shall be kept free of vegetation, debris, and any other material that is not necessary to the operation of the tank and piping system.
Source:
SL 1991, ch 269, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-33 - Tank piping system in contact with soil--Protection from corrosion.

34-38-33. Tank piping system in contact with soil--Protection from corrosion.
Any portion of a tank piping system that is in contact with the soil shall be protected from corrosion in accordance with chapter 57 of the International Fire Code, 2015 edition.
Source:
SL 1991, ch 269, §11; SL 2008, ch 175, §1; SL 2010, ch 177, §5; SL 2016, ch 181, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-34 - Delivery and dispensing operations to comply with International Fire Code--Determining liquid level--Equipment requirements.

34-38-34. Delivery and dispensing operations to comply with International Fire Code--Determining liquid level--Equipment requirements.
Delivery operations shall comply with applicable requirements of chapter 57 of the International Fire Code, 2015 edition. Dispensing operations shall comply with the provisions of chapter 57 of the International Fire Code, 2015 edition.
The delivery vehicle shall be separated from any aboveground tank by at least twenty-five feet.
Means shall be provided for determining the liquid level in each tank and this means shall be accessible to the delivery operator. Provisions shall be made either to automatically stop the delivery of fuel to the tank if the liquid level in the tank reaches ninety-five percent capacity or to sound an audible alarm if the liquid level in the tank reaches ninety percent capacity.
A check valve, gate valve with quick-connect coupling, or a dry-break valve shall be installed in the piping at the point where connection and disconnection is made for delivery from a vehicle to any aboveground tank. This device shall be protected against tampering and physical damage.
If the delivery hose is connected directly to the tank, the fill line at the tank shall be equipped with a tight-fill device for connecting the hose to the tank.
Source:
SL 1991, ch 269, §12; SL 2006, ch 185, §8; SL 2010, ch 177, §6; SL 2016, ch 181, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-35 - Promulgation of rules.

34-38-35. Promulgation of rules.
For the purpose of implementing this chapter, the department may promulgate rules, pursuant to chapter 1-26, to protect the health and safety of persons from fire, explosion 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.
Source:
SL 1991, ch 269, §13; SL 2006, ch 185, §9; SL 2010, ch 177, §7; SL 2016, ch 181, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-36 - Power of local governments as to zoning unaffected.

34-38-36. Power of local governments as to zoning unaffected.
Nothing in this chapter affects the power of any local government to regulate the use of land by zoning. Any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquids at retail locations within areas which are predominately residential and areas used predominately for retail mercantile purposes.
Source:
SL 1991, ch 269, §14; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-37 - Review of actions by director--Director's decision appealable.

34-38-37. Review of actions by director--Director's decision appealable.
Any person aggrieved by any action or decision pursuant to this chapter may seek review of such action or decision by the director of the division pursuant to the contested case provisions of chapter 1-26. The decision of the director may be appealed to circuit court in the manner provided by chapter 1-26.
Source:
SL 1991, ch 269, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-38 - Application to facilities constructed after July 1, 2016.

34-38-38. Application to facilities constructed after July 1, 2016.
The provisions of this chapter apply to facilities constructed after July 1, 2016. Existing installations shall be permitted only if, in the opinion of local and state authorities, the existing installation does not constitute a distinct hazard to life or property.
Source:
SL 1991, ch 269, §16; SL 2006, ch 185, §10; SL 2010, ch 177, §8; SL 2016, ch 181, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-39 - Limitations as to tank capacity.

34-38-39. Limitations as to tank capacity.
Tanks may not exceed an individual capacity of twelve thousand gallons and may not exceed an aggregate capacity of forty-eight thousand gallons. Any variance in excess of these amounts can only be granted by the division pursuant to chapter 1-26.
Source:
SL 1991, ch 269, §17; SL 2008, ch 175, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-1 - Definitions.

34-39-1. Definitions.
Terms used in this chapter mean:
(1)"Department," the Department of Public Safety;
(2)"Secretary," the secretary of the Department of Public Safety.
Source:
SL 2016, ch 183, §57.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-1.1 - Liquefied petroleum gas defined.

34-39-1.1. Liquefied petroleum gas defined.
The term "liquefied petroleum gas," as used in this chapter, shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes.
Source:
SL 1941, ch 101, §1; SL 1947, ch 98, §1; SDC Supp 1960, §31.03A01; SDCL §34-39-1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-2 - Sale of gas by approved weights and measures required--Violation as misdemeanor.

34-39-2. Sale of gas by approved weights and measures required--Violation as misdemeanor.
It is a Class 2 misdemeanor to sell or offer for sale, either at wholesale or retail, any liquefied petroleum gas, either in liquid or vapor form, except by weights and measures that are approved by the department.
Source:
SL 1957, ch 165, §1; SDC Supp 1960, §31.03A06; SL 1977, ch 190, §113; SL 2004, ch 17, §226; SL 2016, ch 183, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-3 - Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.

34-39-3. Testing of weighing and measuring devices--Condemnation of devices or rejection for repair--Fee--Safety examination of gas plant.
The department may test all weighing and measuring devices used in the wholesale or retail sale of liquefied petroleum gas, either in liquid or vapor form, and shall condemn or reject for repair, any device which is found either to be inaccurate or does not clearly state the quantity of liquefied petroleum gas, either in liquid or vapor form, in pounds, gallons, cubic feet, or other unit approved by the department.
The department shall charge and collect a sixty-eight dollar fee for each test.
Any inspector employed by the department may enter and examine any liquefied petroleum gas plant for safety standard purposes no more than every two years, except for any reinspection resulting from a deficiency. The department shall charge and collect a ninety-four dollar fee for each inspection.
For the purposes of this section, a liquefied petroleum gas plant is a retail distribution facility with a capacity of at least eight thousand gallons.
Revenue from the fees imposed by this section shall be deposited into the general fund. It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§37-21-9.1, 37-21A-3, 37-21A-7, and 37-22-10, through the General Appropriations Act.
Source:
SL 1957, ch 165, §2; SDC Supp 1960, §31.03A07; SL 1980, ch 267, §3; SL 1984, ch 29, §3; SL 1996, ch 218; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2006, ch 187, §1; SL 2007, ch 224, §3; SL 2016, ch 183, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-3.1 - Department to administer chapter.

34-39-3.1. Department to administer chapter.
The department shall perform the functions required by this chapter.
Source:
SL 1973, ch 2, §54; SL 1979, ch 5, §2; SL 2003, ch 272 (Ex. Ord. 03-1, §23; SL 2004, ch 17, §227; SL 2016, ch 183, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-5 - Use of condemned weighing or measuring device as misdemeanor.

34-39-5. Use of condemned weighing or measuring device as misdemeanor.
It is a Class 1 misdemeanor to use a weighing or measuring device for determining quantities of liquefied petroleum gas, either in liquid or vapor form, which has been condemned by the department.
Source:
SL 1957, ch 165, §2; SDC Supp 1960, §31.03A07; SL 1977, ch 190, §115; SL 2004, ch 17, §229; SL 2016, ch 183, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-6 - Specifications for liquid gas meters--Correction for temperature--Delivery from vehicle prohibited unless equipped with meter--Violation as misdemeanor.

34-39-6. Specifications for liquid gas meters--Correction for temperature--Delivery from vehicle prohibited unless equipped with meter--Violation as misdemeanor.
All liquid gas meters shall be of a positive displacement type equipped with vapor separator or provided with such other equipment which will positively eliminate all air and vapor from passing through the meter with the liquid gas, and differential pressure regulator. A liquid gas meter, except a meter dispensing at a rate of twenty gallons per minute or less, shall be corrected to sixty degrees Fahrenheit liquid gas temperature and all deliveries of liquid gas through the meter shall be temperature corrected from sixty degrees Fahrenheit to the temperature of the liquid gas at the time and place of delivery and the customer billed accordingly. It is a Class 1 misdemeanor to make wholesale or retail sales to customers from any bulk delivery vehicle unless the bulk delivery vehicle is equipped with and dispenses the liquid petroleum gas through a liquid gas meter. No liquid gas meter may be equipped with a bypass around the liquid gas meter. However, the prohibition of a bypass is not intended to prohibit the use of an equalization line.
Source:
SL 1957, ch 165, §2; SDC Supp 1960, §31.03A07; SL 1977, ch 190, §116; SL 2016, ch 183, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-7 - Promulgation of rules.

34-39-7. Promulgation of rules.
The secretary may promulgate rules, pursuant to chapter 1-26, to establish tolerances within a maximum of two percent plus or minus, which may be necessary for the enforcement of §§34-39-1 to 34-39-6, inclusive.
Source:
SL 1957, ch 165, §3; SDC Supp 1960, §31.03A08; SL 1972, ch 15, §4; SL 2004, ch 17, §230; SL 2016, ch 183, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-9 - Use of containers for other purposes as misdemeanor.

34-39-9. Use of containers for other purposes as misdemeanor.
No person other than the owner and those authorized by the owner to do so, shall sell, fill, refill, deliver or permit to be delivered, or use in any manner any liquefied petroleum gas container or receptacle for any gas, compound, or for any other purpose whatsoever. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1947, ch 98, §3; SDC Supp 1960, §31.03A03; SL 1977, ch 190, §118.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 39 - Liquefied Petroleum Gases › Section 34-39-16 - Liquefied petroleum gas equipment and appliances--Product for purpose of certain liability provision.

34-39-16. Liquefied petroleum gas equipment and appliances--Product for purpose of certain liability provision.
Any liquefied petroleum gas equipment utilized in the storage or use of liquefied petroleum gas or any liquefied petroleum gas appliance is considered to be a product for the purposes of §20-9-10.
Source:
SL 2005, ch 193, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 40 - Subcutaneous Injection Devices › Section 34-40-1 - Manufacturer's identification number required for purchase, sale, or lease of device.

34-40-1. Manufacturer's identification number required for purchase, sale, or lease of device.
No person shall knowingly purchase, sell or offer for sale, or lease, or rent or offer to lease or rent, any device designed to propel projectiles for the purpose of subcutaneous injections of tranquilizers, depressants, or other drugs into animals, which is not identified by a serial or registration number placed thereon by the manufacturer.
Source:
SL 1967, ch 33, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 40 - Subcutaneous Injection Devices › Section 34-40-2 - Registration of devices with sheriff required--Notice to criminal investigation division.

34-40-2. Registration of devices with sheriff required--Notice to criminal investigation division.
Any person, partnership, limited liability company, firm, association, corporation, public or private, or department of state government, except a retailer possessing such device for purposes of resale, who possesses or uses a device designed to propel projectiles for the purpose of subcutaneous injections of tranquilizers, depressants, or other drugs into animals, shall register such device with the sheriff of the county in which such person resides. Each sheriff upon registration of a device under this chapter shall notify the chief agent of the criminal investigation division of such registration.
Source:
SL 1967, ch 33, §1; SL 1994, ch 351, §65.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 40 - Subcutaneous Injection Devices › Section 34-40-3 - Information included in registration.

34-40-3. Information included in registration.
Registrations pursuant to §34-40-2 shall set forth the name, address, and occupation of the owner and the registration or serial number imprinted on such device.
Source:
SL 1967, ch 33, §2; SL 1972, ch 15, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 40 - Subcutaneous Injection Devices › Section 34-40-4 - Notice to sheriff of sale, loss, or theft of device.

34-40-4. Notice to sheriff of sale, loss, or theft of device.
Whenever any registrant shall sell or lose a device registered under this chapter or have such a device stolen from him, he shall within three days report such sale, loss, or theft to the county sheriff of the county wherein the sale, loss, or theft occurred and to the sheriff of the county where the device is registered.
Source:
SL 1967, ch 33, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 40 - Subcutaneous Injection Devices › Section 34-40-5 - Violation of chapter as misdemeanor.

34-40-5. Violation of chapter as misdemeanor.
Any person who violates any of the provisions of this chapter shall be guilty of a Class 2 misdemeanor.
Source:
SL 1967, ch 33, §5; SL 1977, ch 190, §120.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 42 - Portable Oil-Fueled Heaters › Section 34-42-1 - Definitions.

34-42-1. Definitions.
Terms used in this chapter mean:
(1)"Approved," acceptable to the authority having jurisdiction over the sale and use of portable oil-fueled heaters as set forth in this chapter. A listed portable oil-fueled heater may be approved if it satisfies the requirements set forth in this chapter and if the supplier certifies to the authority having jurisdiction over the sale and use of the heater that is listed and in compliance with the provisions of this chapter;
(2)"Listed," any portable oil-fueled heater which has been evaluated with respect to reasonably foreseeable hazards to life and property by a nationally recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as being reasonably safe for its specific purpose and shown in a list published by the agency or bears the mark, name or symbol of the agency as indication that it has been so authorized. The evaluation shall include but not be limited to evaluation of the requirements set forth in this chapter;
(3)"Oil," any liquid fuel with a flash point of greater than 100 degrees Fahrenheit, including but not limited to kerosene;
(4)"Portable oil-fueled heater," any nonflue-connected, self-contained, self-supporting, oil-fueled, heating appliance equipped with an integral reservoir, designed to be carried from one location to another;
(5)"Structure," any building or completed construction of any kind, including but not limited to, private dwellings or to any structure used for business, commercial, or industrial purposes, but not including buildings under construction or buildings used solely for agricultural purposes.
Source:
SL 1983, ch 257, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 42 - Portable Oil-Fueled Heaters › Section 34-42-2 - Approval required for sale--Use prohibited in certain structures.

34-42-2. Approval required for sale--Use prohibited in certain structures.
Approved portable oil-fueled heaters may be offered for sale, sold, and used in structures in this state except in places of assembly, educational, health care, multi-family dwellings, or detention occupancies as defined by the National Fire Protection Association's 101 Life Safety Code as in effect January 1, 1983. Portable oil-fueled heaters which are not approved may not be offered for sale, sold, or used in this state.
Source:
SL 1983, ch 257, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 42 - Portable Oil-Fueled Heaters › Section 34-42-3 - Requirements for approval--Labeling.

34-42-3. Requirements for approval--Labeling.
Approved portable oil-fueled heaters shall adhere to the following requirements:
(1)Approved portable oil-fueled heaters shall have labeling affixed thereto to caution and inform concerning:
(a)Provision of an adequate source of ventilation when the heater is in operation;
(b)Use of only suitable fuel for the heater;
(c)Proper manner of refueling;
(d)Proper placement and handling of the heater when in operation; and
(e)Proper procedures for lighting, flame regulation and extinguishing the heater;
(2)Approved portable oil-fueled heaters shall be packaged with instructions to inform concerning proper maintenance and operation;
(3)Approved portable oil-fueled heaters shall be constructed with a low center of gravity and minimum tipping angle of thirty-three degrees from the vertical with an empty reservoir;
(4)Approved portable oil-fueled heaters shall have an automatic safety shut-off device or inherent design feature which eliminates fire hazards in the event of tipover and otherwise conform with the standards set forth in National Fire Protection Association (NFPA) No. 31; and
(5)Approved portable oil-fueled heaters shall not produce carbon monoxide at rates which create a hazard if operated as intended and instructed.
Source:
SL 1983, ch 257, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 42 - Portable Oil-Fueled Heaters › Section 34-42-4 - Jurisdiction of Department of Public Safety--Chapter exclusive.

34-42-4. Jurisdiction of Department of Public Safety--Chapter exclusive.
The Department of Public Safety has jurisdiction over the sale and use of portable oil-fueled heaters. The provisions of this chapter exclusively govern the sale and use of portable oil-fueled heaters in this state.
Source:
SL 1983, ch 257, §4; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 42 - Portable Oil-Fueled Heaters › Section 34-42-5 - Violations as misdemeanor.

34-42-5. Violations as misdemeanor.
A violation of §34-42-2 or 34-42-3 is a Class 2 misdemeanor.
Source:
SL 1983, ch 257, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 43 - Inspection Warrants › Section 34-43-1 - Definition of inspection warrant.

34-43-1. Definition of inspection warrant.
An inspection warrant is a written order in the name of a county or municipality signed by a magistrate judge or circuit court judge, directed to a county or municipal official, commanding him to conduct any inspection required or authorized by state or local law or regulation relating to building, housing, fire, safety, plumbing, electrical, health, or zoning.
Source:
SL 1986, ch 290, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 43 - Inspection Warrants › Section 34-43-2 - Affidavit in support of warrant--Contents--Notice where prior consent refused.

34-43-2. Affidavit in support of warrant--Contents--Notice where prior consent refused.
An inspection warrant may be issued only upon cause, supported by an affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. The agency shall demonstrate that the inspection is one that it is authorized to make, that the request is specific and that the information sought is consistent with the objective of the inspection. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. If prior consent has been sought and refused, notice that a warrant has been issued shall be given at least twenty-four hours before the warrant is executed, unless the magistrate judge or circuit court judge finds that immediate execution is reasonably necessary in the circumstances shown.
Source:
SL 1986, ch 290, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 43 - Inspection Warrants › Section 34-43-3 - Cause to issue warrant--Legislative or administrative standards satisfied or condition of nonconformity.

34-43-3. Cause to issue warrant--Legislative or administrative standards satisfied or condition of nonconformity.
Cause shall exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, structure, or premises, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, or premises.
Source:
SL 1986, ch 290, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 43 - Inspection Warrants › Section 34-43-4 - Examination of applicant and other witnesses by magistrate or judge.

34-43-4. Examination of applicant and other witnesses by magistrate or judge.
Before issuing an inspection warrant, the magistrate judge or circuit court judge may examine on oath the applicant and any other witness and shall satisfy himself of the existence of grounds for granting such application.
Source:
SL 1986, ch 290, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 43 - Inspection Warrants › Section 34-43-5 - Issuance of warrant by magistrate or judge--Description of premises, purpose, and limitations of inspection.

34-43-5. Issuance of warrant by magistrate or judge--Description of premises, purpose, and limitations of inspection.
If the magistrate judge or circuit court judge is satisfied that cause for the inspection exists, he shall issue the warrant particularly describing each place, dwelling, structure, or premises to be inspected and designating on the warrant the purpose and limitations of the inspection.
Source:
SL 1986, ch 290, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 43 - Inspection Warrants › Section 34-43-6 - Duration of effectiveness of warrant--Extension or renewal--Return to magistrate or judge--Void after expiration.

34-43-6. Duration of effectiveness of warrant--Extension or renewal--Return to magistrate or judge--Void after expiration.
An inspection warrant is effective for the time specified therein, but for no more than fourteen days, unless extended or renewed by the magistrate judge or circuit court judge who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant shall be executed and returned to the magistrate judge or circuit court judge by whom it was issued within the time specified in the warrant or within the extended or renewed time. After the expiration of such time, the warrant, unless executed, is void.
Source:
SL 1986, ch 290, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 43 - Inspection Warrants › Section 34-43-7 - Prohibited inspections--Exceptions.

34-43-7. Prohibited inspections--Exceptions.
An inspection made pursuant to a warrant authorized by §§34-43-1 to 34-43-8, inclusive, may not be made between six p.m. of any day and eight a.m. of the succeeding day, nor in the absence of an owner or occupant of the particular place, dwelling, structure, or premises unless specifically authorized by the magistrate judge or circuit court judge upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection may not be made by means of forcible entry, except if expressly authorized by the magistrate judge or circuit court judge if the facts are sufficient to create a reasonable suspicion of a violation of a state or local law or regulation relating to building, housing, fire, safety, plumbing, electrical, health, or zoning, which, if such violation existed, would be a direct threat to health or safety, and if the facts establish that reasonable attempts to serve a previous warrant have been unsuccessful.
Source:
SL 1986, ch 290, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 43 - Inspection Warrants › Section 34-43-8 - Refusal to permit inspection by warrant as misdemeanor.

34-43-8. Refusal to permit inspection by warrant as misdemeanor.
Any person who willfully refuses to permit an inspection lawfully authorized by a warrant issued pursuant to §§34-43-1 to 34-43-8, inclusive, is guilty of a Class 2 misdemeanor.
Source:
SL 1986, ch 290, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-1 - Definitions.

34-44-1. Definitions.
Terms used in this chapter mean:
(1)"Board," the Board of Minerals and Environment;
(2)"Asbestos contractor," any person that undertakes an asbestos project, including inspections for asbestos-containing materials, prepares an asbestos management plan, or designs or carries out an asbestos abatement project;
(3)"Department," Department of Agriculture and Natural Resources;
(4)"Trained worker," any person who has successfully completed specified training in and can demonstrate knowledge of the health and safety aspects of working with asbestos;
(5)"Worker," an employee or agent of an asbestos contractor or facility owner or operator who has minimal awareness training.
Source: SL 1988, ch 284, §1; SL 1990, ch 280, §1; SL 1991, ch 17 (Ex. Ord. 91-4), §17; SL 2021, ch 1 (Ex. Ord.
21-3
), § 53, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-2 - School building defined.

34-44-2. School building defined.
For the purpose of this chapter, "school building" includes any of the following:
(1)Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food;
(2)Any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education;
(3)Any other facility used for the instruction or housing of students or for the administration of educational or research programs;
(4)Any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in this section;
(5)Any portico or covered exterior hallway or walkway of a facility described in this section;
(6)Any exterior portion of a mechanical system used to condition interior space of a facility described in this section.
Source:
SL 1988, ch 284, §1A.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-3 - Promulgation of rules to establish asbestos abatement training program.

34-44-3. Promulgation of rules to establish asbestos abatement training program.
The board shall promulgate rules pursuant to chapter 1-26 to establish an asbestos abatement training program that assures the proper and safe abatement of asbestos hazards through asbestos contractor certification and worker certification. The rules shall specifically include, but not be limited to:
(1)Criteria for asbestos contractor certification and training;
(2)Criteria for worker certification and training.
No rule adopted pursuant to this chapter may be more stringent than those promulgated by the environmental protection agency under authority of federal laws governing the control of asbestos. However, the Board of Minerals and Environment shall promulgate rules to require that workers, asbestos contractors, supervisors, designers, management planners, and inspectors dealing with demolition or renovation projects under the National Emissions Standards for Hazardous Air Pollutants be certified.
Source:
SL 1988, ch 284, §2; SL 1990, ch 280, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-4 - Training requirements--Sublevels of contractors and workers.

34-44-4. Training requirements--Sublevels of contractors and workers.
In establishing the training requirements under §34-44-3, the board shall adopt appropriate training requirements that reflect the different levels of responsibility of the asbestos contractor or worker, so that within the category of asbestos contractor, sublevels shall be separately certified or exempted and within the category of worker, sublevels shall be separately certified or exempted.
Source:
SL 1988, ch 284, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-5 - Certificate required of asbestos contractor--Violation as misdemeanor--Civil penalty.

34-44-5. Certificate required of asbestos contractor--Violation as misdemeanor--Civil penalty.
No asbestos contractor may work on an asbestos project unless the asbestos contractor holds a certificate issued by the department under §34-44-10. A violation of this section is a Class 1 misdemeanor. In addition any person who violates this section is subject to a civil penalty not to exceed one thousand dollars per day of violation.
Source:
SL 1988, ch 284, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-6 - Responsibility of asbestos contractor for handling and delivery of friable asbestos material--Penalty for violation.

34-44-6. Responsibility of asbestos contractor for handling and delivery of friable asbestos material--Penalty for violation.
The asbestos contractor carrying out an asbestos project is responsible for the safe and proper handling and delivery of waste that includes friable asbestos material to a landfill authorized to receive such waste. A violation of this section is a Class 1 misdemeanor.
In addition, any person who violates this section is subject to a civil penalty not to exceed one thousand dollars per day of violation.
Source:
SL 1988, ch 284, §5; SL 1990, ch 280, §3; SL 1993, ch 254.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-7 - Duty of owner or operator to employ only certified asbestos contractors.

34-44-7. Duty of owner or operator to employ only certified asbestos contractors.
An owner or operator of a facility containing asbestos shall allow only certified asbestos contractors to perform asbestos projects.
Source:
SL 1988, ch 284, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-8 - Duty of owner, operator, etc., to specify in bid document whether project involved asbestos-containing materials--Violation as misdemeanor.

34-44-8. Duty of owner, operator, etc., to specify in bid document whether project involved asbestos-containing materials--Violation as misdemeanor.
An owner, operator, or person responsible for soliciting bids, proposals, or quotations for any project, as provided in this chapter unless such project work is exempt under applicable state and federal law, shall, as part of the bid document, specify whether the project does or does not involve asbestos-containing materials including the type, location, and quantity of any asbestos-containing materials. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1988, ch 284, §6A; SL 1990, ch 280, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-9 - Duty of owner or operator to ensure that employees work under certified asbestos contractors and meet worker requirements--Violation as misdemeanor--Civil penalty.

34-44-9. Duty of owner or operator to ensure that employees work under certified asbestos contractors and meet worker requirements--Violation as misdemeanor--Civil penalty.
Any facility owner or operator whose own employees renovate or demolish a facility may allow the employees to work on asbestos abatement projects only if the employees are under the direction of an asbestos contractor who complies with the training and certification requirements established under §34-44-10 and the employees comply with the worker requirements of §§34-44-13 and 34-44-14. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is also subject to a civil penalty not to exceed one thousand dollars per day of violation.
Source:
SL 1988, ch 284, §7; SL 1990, ch 280, §4A.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-9.1 - No claim against certified contractor--Insurance.

34-44-9.1. No claim against certified contractor--Insurance.
If asbestos abatement is a part of any project, neither the owner, employees or agents of the owner, nor any other person may have any claim, right, or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbestos abatement subcontractor. Unless exempt under applicable state and federal law, no asbestos abatement work may be performed except by a certified asbestos contractor. A certified asbestos abatement subcontractor shall hold the owner and general contractor harmless from any liability arising from such subcontractor's activities on the project. A certified asbestos abatement contractor shall cause the owner and, if acting as a subcontractor, the general contractor to be named as additional insureds and provide sufficient proof of insurance for purposes of this section.
Source:
SL 1990, ch 280, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-10 - Asbestos abatement certificate--Requirements for issuance to contractor.

34-44-10. Asbestos abatement certificate--Requirements for issuance to contractor.
The department shall issue an asbestos abatement certificate to any asbestos contractor who:
(1)Successfully completes an approved training course;
(2)Demonstrates that each of his workers who works on or is directly responsible for an asbestos abatement project is certified under §§34-44-13 and 34-44-14 as appropriate;
(3)Certifies that he has read, understands and shall comply with the applicable state and federal rules on asbestos abatement.
Source:
SL 1988, ch 284, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-11 - Application for contractor's certification or renewal--Failure to obtain as misdemeanor.

34-44-11. Application for contractor's certification or renewal--Failure to obtain as misdemeanor.
An asbestos contractor shall apply for a certification or renewal of a certification according to the procedures established by the board. Failure to obtain certification or renewal thereof is a Class 1 misdemeanor.
Source:
SL 1988, ch 284, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-12 - Suspension or revocation of contractor's certificate--Grounds.

34-44-12. Suspension or revocation of contractor's certificate--Grounds.
The department may suspend or revoke, pursuant to chapter 1-26, an asbestos abatement certificate issued to an asbestos contractor under §34-44-10 if the asbestos contractor:
(1)Fraudulently obtains or attempts to obtain a certificate;
(2)Fails at any time to satisfy the qualifications for a certificate or to comply with rules adopted by the board under this chapter;
(3)Fails to meet any applicable state or federal standard relating to asbestos abatement;
(4)Permits an untrained worker to work on an asbestos abatement project;
(5)Employs a worker who fails to comply with applicable state or federal rules relating to asbestos abatement.
Source:
SL 1988, ch 284, §10.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-13 - Worker to hold certificate--Violation as misdemeanor--Civil penalty.

34-44-13. Worker to hold certificate--Violation as misdemeanor--Civil penalty.
No worker may work on an asbestos abatement project unless the person holds a certificate issued by the department. A violation of this section is a Class 1 misdemeanor. Any person who violates this section is also subject to a civil penalty not to exceed one thousand dollars per day of violation.
Source:
SL 1988, ch 284, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-14 - Issuance of worker certificate--Training course.

34-44-14. Issuance of worker certificate--Training course.
The department shall issue an asbestos abatement certificate to a worker who successfully completes an asbestos abatement training course approved by the department.
Source:
SL 1988, ch 284, §12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-15 - Worker review course as condition of certificate renewal--When required.

34-44-15. Worker review course as condition of certificate renewal--When required.
If the department determines there is a need for a new category of workers or need to update the workers' training in order to meet new or changed conditions, the board may require the worker, as a condition of certificate renewal, to successfully complete an approved asbestos abatement review course.
Source:
SL 1988, ch 284, §13.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-16 - Procedure for submitting certificate and renewal application.

34-44-16. Procedure for submitting certificate and renewal application.
A worker or the facility owner or operator shall submit an application for an asbestos abatement certificate and renewal of a certificate according to procedures established by rule by the board.
Source:
SL 1988, ch 284, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-17 - Suspension or revocation of contractor's or worker's certificate.

34-44-17. Suspension or revocation of contractor's or worker's certificate.
The department may suspend or revoke a certificate pursuant to chapter 1-26 if an asbestos contractor or worker fails to comply with any provisions of this chapter or with rules promulgated pursuant to chapter 34A-1 as they apply to asbestos projects.
Source:
SL 1988, ch 284, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-18 - Approval of alternative procedure on case-by-case basis.

34-44-18. Approval of alternative procedure on case-by-case basis.
The department may approve in writing, on a case-by-case basis, an alternative to a specific worker and public health protection requirement for an asbestos abatement project if the asbestos contractor or facility owner or operator submits a written description of the alternative procedure and demonstrates to the department's satisfaction that the proposed alternative procedure provides worker and public health protection equivalent to the protection that would be provided by the waived provisions.
Source:
SL 1988, ch 284, §16.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-19 - Rules for approval of training courses--Approval required to offer training.

34-44-19. Rules for approval of training courses--Approval required to offer training.
The board shall promulgate rules pursuant to chapter 1-26 to provide for approval of courses that satisfy training requirements for asbestos contractors to meet in order to qualify for certification under this chapter. The board shall also by rule provide for mandatory courses that workers shall successfully complete to become certified under this chapter. No person may offer asbestos training without approval.
Source:
SL 1988, ch 284, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-20 - Training approval requirements.

34-44-20. Training approval requirements.
The approval requirements established by the board under §34-44-19 shall reflect the level of training that a course provider shall offer to satisfy the certification requirements under §34-44-10 and the certification requirements under §34-44-14.
Source:
SL 1988, ch 284, §18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-21 - Contents of training course.

34-44-21. Contents of training course.
In order to be approved under §34-44-19, a training course shall at least include material relating to:
(1)The characteristics and uses of asbestos and the associated health hazards;
(2)Local, state, and federal standards and laws relating to asbestos abatement work practices;
(3)Methods to protect personal and public health from asbestos hazards;
(4)Air monitoring;
(5)Safe and proper asbestos abatement techniques; and
(6)Proper disposal of waste containing asbestos.
Source:
SL 1988, ch 284, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-22 - Ability and proficiency of person providing training course to be demonstrated.

34-44-22. Ability and proficiency of person providing training course to be demonstrated.
In addition to the requirements under §34-44-21, the person providing a training course for which approval is sought shall demonstrate the person's ability and proficiency to conduct the training to the department's satisfaction.
Source:
SL 1988, ch 284, §20; SL 2011, ch 165, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 44 - Asbestos Abatement Training Project › Section 34-44-23 - Training course materials and records to be made available--Access to training sessions.

34-44-23. Training course materials and records to be made available--Access to training sessions.
Any person providing approved asbestos abatement training shall make available to the department for audit purposes, at no cost to the department, all course materials, records, and access to training sessions.
Source:
SL 1988, ch 284, §21.