reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-12.1 - Liability for suppression and extinguishment costs collectable by secretary of public safety.

34-35-12.1. Liability for suppression and extinguishment costs collectable by secretary of public safety.
Any person who negligently causes a fire to be started or who does not take reasonable precautions to prevent a fire from spreading and permits a fire to spread beyond the person's control is liable for all fire suppression and extinguishment costs that were caused by the fire and that are collectable by the secretary of public safety under §§41-20A-6 and 41-20A-10. For purposes of this section, the term, person, includes public utilities, railroads, and private utilities.
Source:
SL 1996, ch 217, §1; SL 2002, ch 252 (Ex. Ord. 02-1), §13; SL 2016, ch 182, §1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-13 - Sheriff's investigation of violations--Prosecution by state's attorney.

34-35-13. Sheriff's investigation of violations--Prosecution by state's attorney.
It shall be the duty of every county sheriff, whenever complaint is made to him of the violation of any provisions of §34-35-10, to diligently investigate such charge or charges, to ascertain whether any of the provisions of said section have been violated and to make a full and complete report thereof to the state's attorney who shall diligently prosecute anyone violating any of the provisions of said section.
Source:
SDC 1939, §20.0208 as enacted by SL 1955, ch 66, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-14 - Possessory claim supporting recovery of fire damages.

34-35-14. Possessory claim supporting recovery of fire damages.
In any action instituted in any court to recover damages for injury caused by the fire as provided in §34-35-12 it is not necessary for any person injured by such fire to allege in a complaint, or prove on the trial of such action, title to the real property over which the fire has spread. It is sufficient in any such action to allege and prove that the person so injured was in the occupancy or possession of the property. In any action instituted in any court to recover fire suppression and extinguishment costs as provided in §§34-35-12 and 34-35-12.1, it is not necessary for the person or governmental entity providing fire suppression services to allege or prove that it was in occupancy or had any possessory interest in the property over which the fire has spread.
Source:
SDC 1939, §20.0207; SL 1992, ch 251, §2; SL 1996, ch 217, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-15 - Black Hills Forest Fire Protection District--Area included.

34-35-15. Black Hills Forest Fire Protection District--Area included.
To protect the timber on areas subject to unusual fire dangers, there is hereby created the Black Hills Forest Fire Protection District, consisting of all that part of the state described by metes and bounds as follows: Commencing at a point on the Wyoming-South Dakota state line at the junction of Interstate Highway 90 at the state line; thence east and southeast along Interstate Highway 90 via Rapid City to the intersection of U.S. Highway 16B; thence south and southwest along U.S. Highway 16B to the intersection of State Highway 79; thence south along State Highway 79 to the intersection of U.S. Highway 18; thence south along U.S. Highway 18 to the Cheyenne River; thence west and northwest along the Cheyenne River to the Wyoming-South Dakota state line; thence north along said state line to the place of beginning. The Black Hills Forest Fire Protection District does not include any area within the limits of any municipality.
Source:
SDC Supp 1960, §25.1304 as enacted by SL 1966, ch 73, §2; SL 1992, ch 60, §2; SL 1995, ch 199; SL 2007, ch 198, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-15.1 - Sellers of fireworks or pyrotechnics in business before July 1, 2007 not subject to Black Hills district boundary change.

34-35-15.1. Sellers of fireworks or pyrotechnics in business before July 1, 2007 not subject to Black Hills district boundary change.
Any person or commercial entity that, before July 1, 2007, was legally engaged in the retail sale, wholesale sale, storage, or transport of fireworks or pyrotechnics, or any successor to any such person or commercial entity, may continue to engage in any such sales, storage, or transport activity, notwithstanding any changes made to the boundaries of the Black Hills Forest Fire Protection District that take effect on July 1, 2007.
Source:
SL 2007, ch 198, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-16 - Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages.

34-35-16. Permit required for open fire in Black Hills district--Violation as misdemeanor--Liability for civil damages.
The starting of an open fire within the Black Hills Forest Fire Protection District by a person or a group of persons is prohibited unless a permit to do so is first obtained from the Department of Public Safety or from the United States Forest Service. An open fire as used in this section and §34-35-17, is any fire to burn slash, brush, grass, stubble, debris, rubbish, or other inflammable material not enclosed in a stove, sparkproof incinerator, or an established fireplace approved or constructed by public agencies in designated recreation areas. A violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for civil damages for all injuries caused by the fire.
Source:
SDC Supp 1960, §§25.1305, 25.1306 as enacted by SL 1966, ch 73, §2; SL 1986, ch 289; SL 2002, ch 252 (Ex. Ord. 02-1), §14; SL 2010, ch 178, §1; SL 2015, ch 203, §1; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-17 - Issuance of permit for open fire in Black Hills district--Conditions.

34-35-17. Issuance of permit for open fire in Black Hills district--Conditions.
Any United States forest service supervisor or the secretary of agriculture and natural resources may issue a permit upon an application to any person to start an open fire within the Black Hills Forest Fire Protection District if the fire is not expected to endanger the life or property of another. The permit may be denied if the climatic conditions or location of the material to be burned is such that the burning would endanger the life or property of others. A permit may be issued subject to conditions and restrictions as determined necessary to prevent the spread of the fire permitted. A permit may be revoked upon the change of climatic or other conditions which is determined to make the burning unsafe.
Source:
SDC Supp 1960, §25.1307 as enacted by SL 1966, ch 73, §2; SL 2002, ch 252 (Ex. Ord. 02-1), §15; SL 2015, ch 203, §2; SL 2021, ch 1 (Ex. Ord. 21-3), §51, eff. April 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-18 - Setting fires for forest and range management.

34-35-18. Setting fires for forest and range management.
The secretary of agriculture and natural resources or his designee may set fires in woods or prairie for the purposes of forest and range management provided that he has reasonable forces and equipment available to suppress the spread of the fire.
Source:
SL 1980, ch 247, §3; SL 2002, ch 252 (Ex. Ord. 02-1), §16; SL 2021, ch 1 (Ex. Ord. 21-3), §51, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-19 - Promulgation of rules by secretary.

34-35-19. Promulgation of rules by secretary.
The secretary of public safety may promulgate rules pursuant to chapter 1-26 concerning:
(1)The permit application procedures;
(2)The conditions for awarding a permit;
(3)The provisions to carry out a safe open burn; and
(4)The procedures for appointing designees.
Source:
SL 1986, ch 326, §3; SL 2021, ch 1 (Ex. Ord. 21-3), §§ 14, 68, eff. Apr. 19, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35 - Range And Forest Fire Prevention › Section 34-35-21 - Explosive firearm targets prohibited in Black Hills Forest Fire Protection District--Violation as misdemeanor--Liability for damages.

34-35-21. Explosive firearm targets prohibited in Black Hills Forest Fire Protection District--Violation as misdemeanor--Liability for damages.
No person may use a firearm target in the Black Hills Forest Fire Protection District if that target is designed to explode upon a bullet's impact. Any violation of this section is a Class 2 misdemeanor. Any person who violates this section is liable for any damages caused by a resulting fire. This section does not apply to any target used in a designated shooting range.
Source:
SL 2014, ch 172, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35A - Fire Alarms › Section 34-35A-3 - Interference with alarm system as felony.

34-35A-3. Interference with alarm system as felony.
A person who intentionally interferes with or impairs or damages any public fire alarm system, apparatus, wire, or associated equipment, thereby rendering such equipment inoperative, is guilty of a Class 5 felony.
Source:
SL 1963, ch 59; SDCL 1967, §22-34-25; SL 1973, ch 150, §3; SL 1977, ch 190, §97.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 35A - Fire Alarms › Section 34-35A-4 - Tampering with alarm system as misdemeanor--Repeat offenses.

34-35A-4. Tampering with alarm system as misdemeanor--Repeat offenses.
Any person who intentionally injures, defaces, or tampers with any fire alarm system in any manner not punishable under §34-35A-3 is guilty of a Class 2 misdemeanor. A subsequent violation of this section is a Class 1 misdemeanor.
Source:
SL 1963, ch 59; SDCL 1967, §22-34-25; SL 1973, ch 150, §4; SL 1977, ch 190, §98.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 36 - Explosives › Section 34-36-2 - Registration of explosive sales required--Contents of entry--Noncompliance as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 36 - Explosives › Section 34-36-3 - Inspections by State Fire Marshal.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 36 - Explosives › Section 34-36-4 - Promulgation of rules.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 36 - Explosives › Section 34-36-5 - Orders requiring compliance with statutes and rules.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 36 - Explosives › Section 34-36-6 - Violation or interference with enforcement as misdemeanor.

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.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 36 - Explosives › Section 34-36-9 - Demand for hearing on order--Hearing date--Appeal.

34-36-9. Demand for hearing on order--Hearing date--Appeal.
Any person aggrieved by an order issued pursuant to §34-36-5 may, within ten days after receipt thereof, demand a hearing by serving the secretary of public safety with a copy of such demand. The State Fire Marshal shall set a hearing date which shall be within twenty days of receiving the demand. The State Fire Marshal shall notify the aggrieved party at least ten days prior to the hearing. The proceedings shall be conducted as in contested cases and appeal may be made as provided by chapter 1-26.
Source:
SL 1991, ch 285, §4; SL 2003, ch 272, §§23; SL 2004, ch 17, §224.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-1 - Definition of terms.

34-37-1.Definition of terms.
Terms used in this chapter mean:
(1)"Consumer fireworks," fireworks designed primarily to produce visible effects by combustion; that comply with the construction, chemical composition, and labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F. R. Part 1507, effective January 1, 2019, and that are classified as 1.4G, UN0336 under the American Pyrotechnics Association Standard 87-1, 2001 edition;
(2)"Display fireworks," fireworks regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives that are not intended for consumer use and are normally used at a public event and classified as 1.3G, UN0335 under the American Pyrotechnics Association Standard 87-1, 2001 edition;
(3)"Public event," use of fireworks for commerce on public property or sponsored by a public entity;
(4)"Retailer" or "Retailer licensee," includes any person licensed under this chapter to engage in the business of making sales of fireworks at retail;
(5)"Retail sale," the sale of fireworks to any person not licensed to sell fireworks or for any purpose other than for resale;
(6)"Sale," any transfer, exchange, or barter, conditional or otherwise, in any manner or by any means, for consideration;
(7)"Wholesaler" or "Wholesaler licensee," any person licensed under this chapter to engage in the business of making sales of fireworks to retailers for resale to consumers.
Source:
SL 1964, ch 31, §1; SL 1983, ch 259, §1; SL 1998, ch 213, §1; SL 2019, ch 154, §1, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-2 - Licenses required for sale of fireworks--Application--Duration--Display--Violation as misdemeanor.

34-37-2. Licenses required for sale of fireworks--Application--Duration--Display--Violation as misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person sells, holds for sale, or offers for sale, as wholesaler or retailer, any fireworks in this state without a license as a wholesaler or retailer issued under this chapter.
Application for a license as wholesaler or retailer shall be made to the Department of Public Safety on forms to be prescribed by the department. An application shall be accompanied by an application fee of five hundred dollars for a wholesaler's license, and twenty-five dollars for a retailer's license.
In addition to a license as a retailer issued under this section, a retailer shall obtain a retailer sales license for a fee of twenty-five dollars, for each sales period specified in §34-37-10, during which a retailer may sell fireworks. An application for the retailer sales license in any year shall be received by the department no later than fifteen days before the beginning of the sales period. Any application for a retailer sales license received after that date shall be denied by the department and returned to the applicant, together with any application fee submitted. The retailer sales license expires sixty days after the end of the sales period and is renewable annually until the application deadline for the corresponding sales period. The retailer licensee shall at all times display the retailer sales license at the retailer's place of business.
Any funds received by the department under this section shall be deposited in the state general fund.
Source:
SL 1964, ch 31, §§3, 4; SL 1977, ch 190, §101; SL 1982, ch 18, §101; SL 1998, ch 213, §3; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2013, ch 161, §1; SL 2019, ch 154, §2, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-2.1 - Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.

34-37-2.1. Minimum age for sale or dispensing of fireworks--Violation as misdemeanor.
A person under the age of eighteen years may not be licensed under this chapter. A wholesaler or retailer may not employ or permit any person under the age of eighteen to sell, dispense, or offer for sale any fireworks enumerated in this chapter. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1971, ch 207, §1; SL 2019, ch 154, §3, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-2.2 - Sales to out-of-state residents--Early and late season licenses--Copy of law and map provided with sale--Violation as misdemeanor.

34-37-2.2. Sales to out-of-state residents--Early and late season licenses--Copy of law and map provided with sale--Violation as misdemeanor.
In addition to any license required under §34-37-2, for any sales to out-of-state residents, a retailer licensee may obtain:
(1)An early season license to operate from May first to June twenty-sixth, with a required fee of one thousand dollars; or
(2)A late season license to operate from July sixth to August thirty-first, and from December twenty-eighth to January first, with a required fee of one thousand dollars.
A retailer licensee with a license issued under this section that is located west of the Missouri River shall provide any consumer with a copy of any law that prohibits the use of fireworks and a map of the Black Hills Forest Fire Protection District with any sale of fireworks, other than any sale occurring from June twenty-seventh to July fifth. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1983, ch 259, §2; SL 1985, ch 282, §1; SL 1986, ch 27, §32; SL 2011, ch 162, §1; SL 2019, ch 154, §4, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-3 - Prohibited fireworks--Manufacture or use as misdemeanor.

34-37-3. Prohibited fireworks--Manufacture or use as misdemeanor.
Any person who manufactures, uses, or disposes to another, with or without consideration, so as to endanger the safety of others, any consumer fireworks made wholly or in part of dynamite, nitroglycerin, or giant powder, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1607; SL 1977, ch 190, §102; SL 1983, ch 259, §3; SL 1998, ch 213, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-4 - Possession, sale, or use of unauthorized fireworks--Misdemeanor.

34-37-4. Possession, sale, or use of unauthorized fireworks--Misdemeanor.
Except as provided in §34-37-12, a person is guilty of a Class 1 misdemeanor if the person possesses, sells, offers for sale, brings into this state, or uses any pyrotechnics commonly known as fireworks, other than consumer fireworks.
Source:
SL 1949, ch 41, §1; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §2; SL 1977, ch 190, §103; SL 2019, ch 154, §5, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-5 - Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.

34-37-5. Consumer fireworks permissible--Use of unauthorized fireworks as misdemeanor.
Permissible fireworks are consumer fireworks as enumerated in Chapter 3 of the American Pyrotechnics Association Inc., Standard 87-1, 2001 edition and that comply with labeling regulations promulgated by the U.S. Consumer Product Safety Commission 16 C.F.R. 1507 as in effect on January 1, 2019. The use of fireworks that are not permissible, unless authorized in this chapter, is a Class 1 misdemeanor.
Source:
SL 1949, ch 41, §1; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §1 (4); SL 1983, ch 259, §4; SL 1998, ch 213, §5; SL 2019, ch 154, §27, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-6 - Submission of fireworks for examination by department--Violation as misdemeanor.

34-37-6. Submission of fireworks for examination by department--Violation as misdemeanor.
Before any fireworks not enumerated under §34-37-5 may be sold, held for sale, or offered for sale in this state, the licensee shall submit the fireworks to the Department of Public Safety for examination. For any fireworks submitted under this section that comply with 16 C.F.R. Part 1507, effective January 1, 2019, and the American Pyrotechnics Association Standard 87-1, 2001 edition, the department shall authorize the fireworks for sale in this state. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1964, ch 31, §5; SL 1982, ch 18, §102; SL 1983, ch 259, §5; SL 1998, ch 213, §6; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2019, ch 154, §6, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-7 - Exemptions from chapter.

34-37-7. Exemptions from chapter.
Nothing in this chapter shall be construed as applying to toy paper caps containing not more than twenty-five hundredths of a grain of explosive composition per cap, and to the manufacture, storage, sale, or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, nor applying to the military or navy forces of the United States or of this state, or to peace officers, nor as prohibiting the sale or use of blank cartridges for ceremonial, or theatrical, or athletic events.
Source:
SL 1949, ch 41, §§1, 4; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-8 - Unlicensed transportation of fireworks into state for sale--Misdemeanor.

34-37-8. Unlicensed transportation of fireworks into state for sale--Misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person is not licensed as a wholesaler or retailer and transports any fireworks into this state for sale. A retailer may not sell any fireworks that have not been purchased from a wholesaler licensed under this chapter.
Source:
SL 1964, ch 31, §6; SL 1977, ch 190, §104; SL 2019, ch 154, §7, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-9 - Records to be kept by licensee--Inspection--Violation as misdemeanor.

34-37-9. Records to be kept by licensee--Inspection--Violation as misdemeanor.
Any person licensed under the provisions of this chapter shall comply with the provisions of §10-45-45. Each invoice for fireworks purchased is subject to inspection by the Department of Public Safety. The invoice shall show the license number of the wholesaler from which the purchase was made. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1964, ch 31, §6; SL 1983, ch 259, §6; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2019, ch 154, §28, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-10 - Periods and time during which retail sales permitted--Violation as misdemeanor.

34-37-10. Periods and time during which retail sales permitted--Violation as misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person offers any fireworks for sale to any other person at retail other than during the period between June twenty-seventh and July fifth or during the period between December twenty-eighth and January first.
A person who is issued a license under §34-37-2.2 may sell fireworks to out-of-state residents for the periods designated in §34-37-2.2. A person who is issued a late season license under §34-37-2.2 or a retailer license under §34-37-2 may sell any fireworks to residents and nonresidents during the period from December twenty-eighth to January first.
A retail licensee may not make any sale of fireworks between the hours of twelve a.m. and seven a.m.
Source:
SL 1949, ch 41, §2; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §1; SL 1983, ch 259, §8; SL 1985, ch 282, §2; SL 1986, ch 27, §33; SL 2011, ch 162, §2; SL 2013, ch 161, §2; SL 2019, ch 154, §8, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-10.1 - Sale from motor vehicle--Misdemeanor.

34-37-10.1. Sale from motor vehicle--Misdemeanor.
A person is guilty of a Class 1 misdemeanor if the person sells any fireworks from a motor vehicle.
Source:
SL 1971, ch 207, §2; SL 2019, ch 154, §9, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-10.2 - Exits from structures where fireworks sold--Violation as misdemeanor.

34-37-10.2. Exits from structures where fireworks sold--Violation as misdemeanor.
If the general public occupies a structure where fireworks are being displayed or sold, two or more approved exits shall be provided. If the general public does not occupy the structure that displays or sells fireworks, one or more approved exits shall be provided. A violation of this section is a Class 1 misdemeanor.
For the purposes of this section, an approved exit is a continuous and unobstructed means of egress to a public way. Exit doors shall be of the pivoted or side-hinged swinging type and shall swing in the direction of exit travel. Exit doors shall be able to be opened from the inside without the use of a key or any special knowledge or effort.
Source:
SL 1971, ch 207, §3; SL 1998, ch 213, §7; SL 2019, ch 154, §10, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-10.3 - “No smoking” signs where fireworks sold--Smoking within fifty feet of location as misdemeanor.

34-37-10.3."No smoking" signs where fireworks sold--Smoking within fifty feet of location as misdemeanor.
At any location where consumer fireworks are being offered for sale, the licensee shall prominently post a sign in red letters not less than three inches in height that reads, "NO SMOKING WITHIN FIFTY FEET." A person is guilty of a Class 1 misdemeanor if the person smokes within fifty feet of a location under this section.
Source:
SL 1971, ch 207, §4; SL 2019, ch 154, §11, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-10.4 - Signs stating minimum distance for igniting fireworks--Igniting fireworks within minimum distance as misdemeanor.

34-37-10.4. Signs stating minimum distance for igniting fireworks--Igniting fireworks within minimum distance as misdemeanor.
At any location where consumer fireworks are being offered for sale the licensee shall prominently post a sign that states no fireworks may be ignited or used within three hundred feet of the licensee's premises. A person is guilty of a Class 1 misdemeanor if the person ignites or uses any fireworks within three hundred feet of a location under this section.
Source:
SL 1971, ch 207, §5; SL 2019, ch 154, §12, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-10.5 - Open flame on retail premises as misdemeanor--Fire extinguisher required.

34-37-10.5. Open flame on retail premises as misdemeanor--Fire extinguisher required.
A person is guilty of a Class 1 misdemeanor if the person has any device, apparatus, receptacle, or burner from which an open flame is emitted on the premises of a retail licensee. A retailer licensee shall keep and maintain upon the retailer's premises a fire extinguisher bearing a rated capacity of at least 2-A.
Source:
SL 1971, ch 207, §6; SL 1977, ch 190, §105; SL 1982, ch 18, §103; SL 1998, ch 213, §8; SL 2019, ch 154, §13, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-11 - Sale or use prohibited in forests, parks and other specified areas--Exception--Violation as misdemeanor.

34-37-11. Sale or use prohibited in forests, parks and other specified areas--Exception--Violation as misdemeanor.
No person may sell or cause to be sold, use, or cause to be used, any pyrotechnics of any description or any consumer fireworks within the exterior boundaries of the Black Hills Forest Fire Protection District.
No person may use or cause to be used, any pyrotechnics or consumer fireworks within a zone that extends three hundred feet beyond the exterior boundaries of the Black Hills Forest Fire Protection District in this state.
No person may sell or cause to be sold, use or cause to be used, any pyrotechnics of any description or any consumer fireworks within any national forest, national park, state forest, or any land owned or leased by the Department of Game, Fish and Parks without written authorization by the department permitting the use of pyrotechnics or consumer fireworks, pyrotechnic displays, sales, or exhibits on land owned or leased by the department, unless the department is otherwise prohibited by law from providing the written authorization.
A violation of this section is a Class 2 misdemeanor. A second or subsequent violation of this section is a Class 1 misdemeanor.
Source:
SL 1957, ch 91, §1; SDC Supp 1960, §20.0506; SL 1963, ch 130, §1; SL 1964, ch 31, §10; SL 1977, ch 190, §106; SL 1981, ch 266; SL 1989, ch 301; SL 1990, ch 279, §1; SL 2004, ch 238, §1; SL 2007, ch 198, §3; SL 2019, ch 154, §14, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-12 - Sales or shipment by wholesaler or manufacturer to persons outside of state--Violation as misdemeanor.

34-37-12. Sales or shipment by wholesaler or manufacturer to persons outside of state--Violation as misdemeanor.
Nothing in this chapter prohibits a wholesaler licensee or manufacturer from storing, selling, shipping, or otherwise transporting, fireworks to any person outside this state, consistent with 18 U.S.C. §836, effective on January 1, 2019. Any delivery of fireworks may be made by a certified motor carrier as specified in chapter 49-28 or in a vehicle owned or leased by a wholesaler licensee, manufacturer, or fireworks permit holder. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1949, ch 41, §4; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §7; SL 1982, ch 18, §104; SL 1983, ch 259, §14; SL 2019, ch 154, §15, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-12.1 - Evidence of delivery outside of state--Violation as misdemeanor.

34-37-12.1. Evidence of delivery outside of state--Violation as misdemeanor.
A wholesaler licensee shall retain written evidence of the delivery of fireworks to any person outside this state. Evidence under this section may include the fireworks license or permit number and address, a bill of lading, or delivery receipt for delivery by a certified motor carrier if the purchaser is unlicensed. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1983, ch 259, §10; SL 2019, ch 154, §16, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-13 - Permit for use of display fireworks at event--Purchase and use requirements--Violation as misdemeanor.

34-37-13. Permit for use of display fireworks at event--Purchase and use requirements--Violation as misdemeanor.
Nothing in this chapter prohibits the use of display fireworks at a public or private event. A person using display fireworks at a public or private event shall obtain a permit from the governing body of the municipality, township, or county where the display fireworks are to be used. Display fireworks may only be purchased from a wholesaler licensee. Use of display fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1123, 2018 edition. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1949, ch 41, §3; SDC Supp 1960, §13.1607-1; SL 1964, ch 31, §8; SL 1983, ch 259, §11; SL 1992, ch 60, §2; SL 1998, ch 213, §9; SL 2019, ch 154, §17, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-13.1 - Permit for use of consumer fireworks at event--Purchase and use requirements--Violation as misdemeanor.

34-37-13.1. Permit for use of consumer fireworks at event--Purchase and use requirements--Violation as misdemeanor.
Nothing in this chapter prohibits the use of consumer fireworks at a public or private event. A person using consumer fireworks at a public or private event outside the periods permitted by §34-37-16.1 shall obtain a permit from the governing body of the municipality, township, or county where the consumer fireworks are to be used. Consumer fireworks may only be purchased from a retailer licensee or wholesaler licensee. Use of consumer fireworks at a public or private event shall comply with the National Fire Protection Association Standard 1124, 2006 edition. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2019, ch 154, §18, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-15 - Revocation, suspension, or nonrenewal of license.

34-37-15. Revocation, suspension, or nonrenewal of license.
For any licensee who is found guilty of a second or subsequent violation under this chapter, the department may revoke or suspend the license and refuse to renew the license upon its expiration.
Source:
SL 1964, ch 31, §12(2); SL 1983, ch 259, §13; SL 2019, ch 154, §19, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-16 - Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.

34-37-16. Possession of unauthorized fireworks as misdemeanor--Seizure--Destruction.
A person is guilty of a Class 1 misdemeanor if the person possesses any fireworks, other than those enumerated in §34-37-5. If any person possesses any fireworks in violation of §34-37-5, a warrant may be issued for the seizure of the fireworks. Any fireworks seized under this section shall be safely stored to be used as evidence.
Upon conviction of any person charged under this section, any seized fireworks shall be destroyed. If a person charged under this section is found not guilty, any seized fireworks shall be returned to the person.
This chapter does not apply to the transportation of fireworks by regulated carriers.
Source:
SL 1964, ch 31, §12 (3); SL 1977, ch 190, §108; SL 2019, ch 154, §20, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-16.1 - Periods during which use of consumer fireworks permitted--Violation as misdemeanor.

34-37-16.1. Periods during which use of consumer fireworks permitted--Violation as misdemeanor.
Except as otherwise provided in this chapter, a person is guilty of a Class 2 misdemeanor if the person uses consumer fireworks except during the period from June twenty-seventh to the first Sunday after July fourth, and during the period beginning December twenty-eighth to January first.
Source:
SL 1983, ch 259, §7; SL 2011, ch 162, §3; SL 2013, ch 162, §1; SL 2019, ch 154, §21, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-16.2 - Certain fireworks permitted all year.

34-37-16.2. Certain fireworks permitted all year.
The provisions of §§34-37-2 and 34-37-16.1 do not apply to:
(1)Smoke effects if the smoke effects do not fly, travel, or explode;
(2)Single-shot parachute pieces without a flare; or
(3)Any fireworks classified as a novelty under section 3.2 of the American Pyrotechnics Association Standard 87-1, 2001 edition.
Source:
SL 2015, ch 186, §1; SL 2019, ch 154, §22, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-17 - Enforcement of chapter.

34-37-17. Enforcement of chapter.
The Department of Public Safety, together with any law enforcement agency of the state or any political subdivision of the state, shall enforce this chapter.
Source:
SL 1964, ch 31, §9; SL 2003, ch 272 (Ex. Ord. 03-1), §20; SL 2019, ch 154, §23, eff. Mar. 20, 2019.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-18 - Record forms prescribed by secretary.

34-37-18. Record forms prescribed by secretary.
Records required under provisions of this chapter shall be kept on forms prescribed by the secretary of public safety.
Source:
SL 1983, ch 259, §7; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 37 - Fireworks › Section 34-37-19 - County regulation of fireworks--Use of South Dakota grassland fire danger index.

34-37-19. County regulation of fireworks--Use of South Dakota grassland fire danger index--Violation as misdemeanor.
Any county may, by resolution, regulate or prohibit the use of fireworks outside the boundaries of any municipality in those areas where the fire danger, as determined by use of the South Dakota grassland fire danger index published by the National Weather Service, has reached the extreme category in that county during the period from June twentieth to July second, inclusive, and during the period from December twenty-eighth to January first, inclusive. During any such period, the county's action is suspended if the grassland fire danger index falls below the very high category and again becomes effective if the grassland fire danger index reaches the extreme category. Any violation of a resolution adopted pursuant to this section is a Class 2 misdemeanor.
Source:
SL 1989, ch 302; SL 2002, ch 252 (Ex. Ord. 02-1), §17; SL 2003, ch 187, §1; SL 2004, ch 239, §1; SL 2011, ch 162, §4; SL 2021, ch 156, § 1, eff. Mar. 25, 2021.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-2.1 - Self-service pumps--Latch-open device permitted.

34-38-2.1. Self-service pumps--Latch-open device permitted.
Notwithstanding any other provisions of this chapter or rules promulgated thereunder, a latch-open device may be used on the hose nozzle valve of a self-service fuel dispensing pump if the valve conforms to applicable requirements of section 19 of Underwriters Laboratories Incorporated pamphlet number 842 entitled "Standards for Valves for Flammable Fluids" published in 1974.
Source:
SL 1982, ch 268.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-23 - Definition of terms.

34-38-23. Definition of terms.
Terms used in this chapter mean:
(1)"Aboveground storage tank," a horizontal or vertical tank that is listed and intended for fixed installation at or above grade and is used within the scope of its listing. This includes a tank inside a building;
(2)"Authority having jurisdiction," the local or state governing organization, office, or individual responsible for approving equipment, installation, or procedure;
(3)"Combustible liquid," a liquid having a flash point at or above 100 degrees Fahrenheit, (37.8 degrees Celsius);
(4)"Department," the Department of Public Safety;
(5)Repealed by SL 2006, ch 185, §5;
(6)"Flammable liquid," a liquid having a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) and having a vapor pressure not exceeding forty psia (2,068 mm hg) at 100 degrees Fahrenheit (37.8 degrees Celsius) shall be known as a class I liquid;
(7)"Listed," equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner; and
(8)"Retail sale," the sale of flammable and combustible liquids for any purpose other than for resale.
Source:
SL 1991, ch 269, §1; SL 2003, ch 272, §§20, 121; SL 2004, ch 17, §225; SL 2006, ch 185, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-24 - Installation of aboveground storage tanks--Approval.

34-38-24. Installation of aboveground storage tanks--Approval.
Aboveground storage tanks may be installed at retail locations with the approval of the authority having jurisdiction and as provided for in this chapter.
Source:
SL 1991, ch 269, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-25 - Letter of approval required before proposed construction begins--Letter and plans to be submitted to division.

34-38-25. Letter of approval required before proposed construction begins--Letter and plans to be submitted to division.
Before proposed construction begins the applicant shall obtain a letter of approval from the local governing body within whose jurisdiction the system is to be installed. This letter and two sets of plans, blueprints, or drawings shall be submitted to the division for examination and approval of compliance with this chapter.
Source:
SL 1991, ch 269, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-26 - Compliance with International Fire Code.

34-38-26. Compliance with International Fire Code.
Except as otherwise provided in this chapter, aboveground storage tanks shall comply with the applicable provisions of chapter 57 of the International Fire Code, 2015 edition.
Source:
SL 1991, ch 269, §4; SL 2006, ch 185, §6; SL 2010, ch 177, §3; SL 2016, ch 181, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-27 - Aboveground storage tank to be listed for such use--Underground tanks not to be installed aboveground--Failure to comply as misdemeanor.

34-38-27. Aboveground storage tank to be listed for such use--Underground tanks not to be installed aboveground--Failure to comply as misdemeanor.
Any tank used for aboveground storage shall be listed for aboveground use. No backfill is permitted. No tank designed and built for underground use may be installed for aboveground use. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1991, ch 269, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-28 - Location requirements for aboveground tanks.

34-38-28. Location requirements for aboveground tanks.
Any aboveground storage tank shall be located at least:
(1)Fifty feet from the nearest important building on the same property;
(2)Fifty feet from any fuel dispenser;
(3)Fifty feet from the nearest side of any public way; and
(4)Fifty feet from any property line that is or may be built upon.
However, distances may be reduced based on site limitations and conditions or quantity of liquid storage at the discretion of the local and division authority having jurisdiction.
Source:
SL 1991, ch 269, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 38 - Flammable And Combustible Liquids › Section 34-38-29 - Spill control to be in accordance with International Fire Code.

34-38-29. Spill control to be in accordance with International Fire Code.
Spill control shall be provided in accordance with chapter 57 of the International Fire Code, 2015 edition.
Source:
SL 1991, ch 269, §7; SL 2006, ch 185, §7; SL 2010, ch 177, §4; SL 2016, ch 181, §4.