reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29A - Boiler Safety › Section 34-29A-49 - Judicial review of order--Summary hearing.

34-29A-49. Judicial review of order--Summary hearing.
Within thirty days after any order or act of the secretary of public safety, any person aggrieved thereby may file a petition in the circuit court for a review thereof. The court shall summarily hear the petition and may make any appropriate order or decree.
Source:
SL 1973, ch 229, §19; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29A - Boiler Safety › Section 34-29A-50 - Prosecution of violators.

34-29A-50. Prosecution of violators.
The secretary of public safety, or his designee, shall cause the prosecution of all violators of the provisions of this chapter.
Source:
SL 1973, ch 229, §8 (5); SL 1982, ch 18, §70; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29A - Boiler Safety › Section 34-29A-51 - Deposit of fees in boiler inspection fund.

34-29A-51. Deposit of fees in boiler inspection fund.
The secretary of public safety, or his designee, shall deposit all fees received pursuant to §§34-29A-35.1 to 34-29A-37, inclusive, to the treasurer of the state for deposit into the boiler inspection fund.
Source:
SL 1973, ch 229, §17; SL 1982, ch 18, §71; SL 1989, ch 48, §7; SL 2003, ch 272, §§20, 121.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29A - Boiler Safety › Section 34-29A-52 - Expenditure of funds--Expenses included.

34-29A-52. Expenditure of funds--Expenses included.
The chief inspector and his deputies shall be reimbursed for the travel expense incident to the maintenance of his office pursuant to §3-9-2.
Source:
SL 1973, ch 229, §8(6); SL 1982, ch 18, §72; SL 1986, ch 27, §26.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29A - Boiler Safety › Section 34-29A-53 - Municipal ordinances not to be less restrictive--Conflicting ordinances void.

34-29A-53. Municipal ordinances not to be less restrictive--Conflicting ordinances void.
No municipality or other governmental subdivision may make any laws, ordinances, or resolutions providing for the construction, installation, inspection, operation, maintenance, and repair of boilers within the limits of such municipality or governmental subdivision which are less restrictive than this chapter. Any such laws, ordinances, or resolutions, whenever made or passed, are void.
Source:
SL 1973, ch 229, §21; SL 1982, ch 18, §73; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-1 - Definition of terms.

34-29B-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Alternative," a system, condition, arrangement, material, or equipment submitted to the fire marshal as a substitute for a code requirement;
(2)"Approval," to sanction officially by signature or certificate;
(3)"Approved," acceptable to the authority having jurisdiction;
(4)"Certificate," a written document issued by authority of the fire marshal to any person for the purpose of granting permission to that person to conduct or engage in any operation or act for which certification is required;
(5)"Department," Department of Public Safety;
(6)Deleted by SL 2004, ch 17, §209;
(7)"Fire hazard," any situation, process, material, or condition that, on the basis of applicable data, may cause a fire or explosion or provide a ready fuel supply to augment the spread or intensity of the fire or explosion and that poses a threat to life or property;
(8)"Fire official," any authorized person serving as an employee, representative, or agent, of a certified fire department or state fire marshal;
(9)"Inspection," a close and critical examination;
(10)"Inspector," a person who examines buildings, equipment, and processes for the purpose of affecting proper conditions with reference to fire and life safety;
(11)"Investigation," the act of investigating fires to determine the cause and circumstances of the origin of the fire;
(12)"Premises," a tract of land with structures or other appurtenances thereon;
(13)"Standard," substantially uniform, well established and widely recognized as acceptable and authoritative procedure or procedure as adopted in rule by the division;
(14)"State fire marshal," the individual designated in this chapter, who is responsible for the administration and enforcement of this chapter. For the purpose of enforcement of this chapter, this term also applies to any person who is a representative of the fire marshal;
(15)"Structure," is that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner;
(16)"Summarily abate," to immediately judge a condition to be a fire hazard to life or property and to order immediate correction of such condition;
(17)"Vehicle," every device in, or by which any person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks; including bicycles and ridden animals;
(18)"Vessel," every type of water craft, other than a seaplane on the water, used or capable of being used as a means of transportation on water;
(19)"Written notice," a notification in writing delivered in person to the individual or parties intended, or delivered at, or sent by first class, certified or registered mail to, the last residential or business address of legal record.
Source:
SL 1991, ch 283, §1; SL 2003, ch 272, §23; SL 2004, ch 17, §209.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-2 - Program for prevention, investigation, training, and education--Promulgation of rules.

34-29B-2. Program for prevention, investigation, training, and education--Promulgation of rules.
The State Fire Marshal shall establish a program of fire prevention, fire investigation, fire training, and public fire education. The secretary of public safety may promulgate rules, pursuant to chapter 1-26, to protect the health or safety of persons from fire and like emergencies, based on codes and standards set forth by the International Building Code, the International Fire Code, and the International Mechanical Code, 2015 editions, and referenced standards except such portions as are deleted, modified, or amended, unless the secretary finds that the strict application of the code is impractical and that the modification is in conformity with the intent and purpose of the code or standards. The rules may be adopted in the following areas:
(1)The prevention of fires including:
(a)Fire safety regulations governing buildings used by the general public with the exception of health care facilities inspected by the Department of Health;
(b)Fire safety regulations governing lodging and eating establishments;
(c)Fire safety regulations governing multifamily residences housing six or more families. However, if a municipality has adopted regulations regarding multifamily residences that are in conformity with this chapter, those regulations are the applicable regulations;
(d)Fire safety regulations governing publicly owned buildings;
(e)Fire safety regulations governing detention or correctional facilities, regardless of ownership; and
(f)Fire safety regulations governing day care facilities;
(2)The manufacture, transportation, storage, sale, and use of combustible or flammable liquids or liquefied petroleum gases;
(3)The means and adequacy of exit in case of fire;
(4)The investigation of the cause, origin, and circumstances of fires and explosions;
(5)The maintenance of fire cause and loss records;
(6)The maintenance of a record of fire prevention inspections;
(7)A program of fire service training and public fire education;
(8)The review and approval of plans and specifications to determine compliance with applicable fire codes and statutes as it pertains to facilities dealing with combustible or flammable liquids and or liquid petroleum gases; and
(9)The abatement of unsafe buildings or structures regulated by this chapter which constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, or abandonment.
Source:
SL 1991, ch 283, §2; SL 2004, ch 17, §210; SL 2006, ch 185, §1; SL 2010, ch 177, §1; SL 2016, ch 181, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-3 - State fire marshal--Appointment and approval--Deputies.

34-29B-3. State fire marshal--Appointment and approval--Deputies.
The state fire marshal shall administer and enforce this chapter. The state fire marshal shall be appointed by the department secretary with the approval of the Governor and serve at the pleasure of the Governor and shall operate under the supervision of the secretary of public safety. The state fire marshal may designate a chief deputy and such deputy fire marshals as may be authorized.
Source:
SL 1991, ch 283, §3; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-4 - Inspection--Permission or warrant required--Credentials.

34-29B-4. Inspection--Permission or warrant required--Credentials.
Any fire official engaged in fire prevention and inspection work may at all reasonable times enter and examine any building, structure, vessel, vehicle, or premises for the purpose of making fire safety inspections. The fire official shall first obtain the consent of the occupant thereof or obtain an inspection warrant pursuant to chapter 34-43 except in those instances where an emergency exists. As used in this section, "emergency" means circumstances which a fire official has reason to believe exist, which may constitute immediate danger to life and property.
Any fire official authorized to enter and inspect buildings, structures, vessels, vehicles, or premises shall be identified by proper credentials issued by a governmental jurisdiction or the state fire marshal.
Source:
SL 1991, ch 283, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-5 - Powers of fire official at the scene of a fire.

34-29B-5. Powers of fire official at the scene of a fire.
Any fire official in charge at the immediate scene of a fire involving the protection of life or property or both, may direct the operation to extinguish or control any fire and investigate the existence of suspected or reported fires. In the exercise of such power, such fire official may prohibit any person, vehicle, or vessel from approaching the fire scene and may remove or cause to be removed or kept away from the scene any person, vehicle or vessel which may impede or interfere with the operations of the fire official.
Source:
SL 1991, ch 283, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-6 - Interference with, or disobedience of, fire official as misdemeanor.

34-29B-6. Interference with, or disobedience of, fire official as misdemeanor.
It is a Class 1 misdemeanor for any person to interfere with a fire official or law enforcement official carrying out any duties or functions prescribed by this chapter. It is also a Class 1 misdemeanor for any person to disobey a lawful order of a fire official or law enforcement official.
Source:
SL 1991, ch 283, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-7 - Impersonating official as misdemeanor.

34-29B-7. Impersonating official as misdemeanor.
It is a Class 1 misdemeanor for any person to use an official badge, uniform, or other credentials to impersonate a fire official for the purpose of gaining access to any building, structure, vessel, vehicle, or premises in a jurisdiction.
Source:
SL 1991, ch 283, §7.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-8 - Fire marshal to investigate circumstances of fire or explosion.

34-29B-8. Fire marshal to investigate circumstances of fire or explosion.
The state fire marshal may investigate the cause, origin, and circumstances of fire or explosions by which property has been destroyed or damaged and, attempt to determine whether the fire or explosion is the result of carelessness or design. The state fire marshal may take charge of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall cooperate with the authorities in the collection of evidence and the prosecution of the case.
Source:
SL 1991, ch 283, §8.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-9 - Written report to fire marshal.

34-29B-9. Written report to fire marshal.
Every fire shall be reported in writing to the state fire marshal by the fire department officer in whose jurisdiction such a fire has occurred within thirty days of the occurrence. The report shall be in a form prescribed by the state fire marshal and shall contain a statement of all facts relating to the cause, origin, and circumstances of the fire, the extent of the damage, the insurance upon such property and any other information as may be required, including the injury, death, or rescue of persons.
Source:
SL 1991, ch 283, §9.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-10 - Periodic inspection of premises--Orders to enforce laws and regulations--Penalties.

34-29B-10. Periodic inspection of premises--Orders to enforce laws and regulations--Penalties.
The state fire marshal may inspect or cause to be inspected premises as authorized in this chapter on a periodic basis, and may make any orders as may be necessary for the enforcement of the laws and regulations governing the same and for the safeguarding of life and property from fire.
Any owner or occupant failing to comply with such order within a reasonable period after the service of the order may be liable to penalties as provided in this chapter.
Source:
SL 1991, ch 283, §§10, 12; SL 1991, ch 283, §§10, 12.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-11 - Fire marshal empowered to abate immediate fire hazards.

34-29B-11. Fire marshal empowered to abate immediate fire hazards.
The state fire marshal may summarily abate any condition that is in violation of any provision of this chapter that presents immediate fire hazard to life or property.
Source:
SL 1991, ch 283, §11.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-11.1 - Fire marshal may prohibit or restrict open burning.

34-29B-11.1. Fire marshal may prohibit or restrict open burning.
The state fire marshal, after consultation with the Governor and the affected board of county commissioners, may prohibit or restrict open burning within a county in order to protect the public health and safety. This section does not limit or affect the laws of this state relating to the authority of counties or other local entities to prohibit or restrict open burning.
Source:
SL 2001, ch 187, §1.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-12 - Review of fire marshal's actions--Appeal.

34-29B-12. Review of fire marshal's actions--Appeal.
Any person aggrieved by any action or decision of the state fire marshal pursuant to this chapter may seek review of such action or decision by the secretary of public safety pursuant to the contested case provisions of chapter 1-26. The decision of the secretary of public safety may be appealed to the circuit court in the manner provided by chapter 1-26.
Source:
SL 1991, ch 283, §13; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-13 - Injunction for violation of chapter.

34-29B-13. Injunction for violation of chapter.
The state fire marshal may commence actions for injunction for violation of this chapter or regulations promulgated pursuant to this chapter.
Source:
SL 1991, ch 283, §14.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-14 - Violation of fire marshal's order as misdemeanor--Evidence.

34-29B-14. Violation of fire marshal's order as misdemeanor--Evidence.
It is a Class 1 misdemeanor for any person to permit or maintain any situation, circumstances, or condition which is in violation of any order of the state fire marshal. It is also a Class 1 misdemeanor to disobey any provision of the order or to fail to comply with any written variation authorized by the state fire marshal. Proof of such unlawful condition or proof of the failure to obey such order is prima facie evidence that such act is that of the owner or other person in control of the premises.
Source:
SL 1991, ch 283, §15.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-15 - Application for alternative--Documentation--Records--Deadline for denial of application.

34-29B-15. Application for alternative--Documentation--Records--Deadline for denial of application.
Each application for an alternative shall be filed with the state fire marshal and shall be accompanied by such evidence, letters, statements, results of tests, or other supporting information as may be required to justify the request. The state fire marshal shall keep a record of actions of such applications and a signed copy of the state fire marshal's decision shall be provided for the applicant. The state fire marshal may grant or deny any properly filed application; but if the state fire marshal does not deny an application within twenty days of its filing, the alternative shall be deemed granted.
Source:
SL 1991, ch 283, §16; SL 1992, ch 250.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-16 - Notice of violation.

34-29B-16. Notice of violation.
Except as provided in this chapter, if the state fire marshal finds violations of this chapter, a written notice shall be issued to confirm such findings. The notice shall set forth a time limit for compliance, which limit shall be correlated to the degree of hazard created by the violation and availability of means of abatement.
Source:
SL 1991, ch 283, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-17 - Service of order or notice.

34-29B-17. Service of order or notice.
Any order or notice issued pursuant to this chapter may be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, first class mail, registered or certified mail. For unattended or abandoned locations, a copy of the order or notice shall be posted on the premises in a conspicuous place at or near the entrance to the premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address for the owner, occupant, or both, or any person shown by public record to have a possessory interest.
Source:
SL 1991, ch 283, §18.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-18 - Revocation, suspension, or denial of approval.

34-29B-18. Revocation, suspension, or denial of approval.
The state fire marshal may revoke, suspend, or deny the granting of any approval required by this chapter or regulation, for noncompliance with the provisions of such or failure to meet the provisions of this chapter.
Source:
SL 1991, ch 283, §19.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-19 - Fire Marshal's Advisory Board--Members appointed by governor.

34-29B-19. Fire Marshal's Advisory Board--Members appointed by governor.
A State Fire Marshal's Advisory Board is hereby established consisting of five members who shall be appointed by the Governor. Not all the members may be of the same political party. The Governor shall attempt to appoint individual members to represent the firefighters, fire equipment industry, and the fire insurance underwriters.
Source:
SL 1991, ch 283, §20.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-20 - Board member's term of office--Removal.

34-29B-20. Board member's term of office--Removal.
The term of office for members of the advisory board shall be four years. Any member is subject to removal by the Governor at any time for neglect of his duties or for other cause which in the opinion of the Governor makes his continued membership unwise in the public interest. The terms of members who are first appointed after January 1, 1992, shall be: two appointed for a term of one year; two appointed for a term of two years; and one for a term of four years. Such initial terms shall be designated by the Governor. Any member appointed to fill a vacancy arising from other than the natural expiration of a term shall serve for only the unexpired portion of term.
Source:
SL 1991, ch 283, §21.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-21 - Secretary of public safety as ex-officio chairman of board.

34-29B-21. Secretary of public safety as ex-officio chairman of board.
The secretary of public safety shall be ex-officio chairman of the fire marshal's advisory board.
Source:
SL 1991, ch 283, §22; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-22 - Board to assist State Fire Marshal.

34-29B-22. Board to assist State Fire Marshal.
The board shall advise, aid, and assist the State Fire Marshal in the performance of the duties and functions described in the chapter as directed by the secretary.
Source:
SL 1991, ch 283, §23; SL 2004, ch 17, §211.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-23 - Meetings of board--Time and place set by secretary of public safety.

34-29B-23. Meetings of board--Time and place set by secretary of public safety.
The state fire marshal's advisory board shall meet whenever directed by the secretary of public safety. The secretary shall give notice to the members setting forth the time and place of the meeting.
Source:
SL 1991, ch 283, §24; SL 2003, ch 272, §23.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-24 - Effect of adoption of this chapter or repeal of other provisions on time limits imposed by existing laws.

34-29B-24. Effect of adoption of this chapter or repeal of other provisions on time limits imposed by existing laws.
The adoption of this chapter or the repeal of any other existing provision of law including regulations or orders may not be construed to alter any time limit that may have been imposed by any existing law, regulation, or order of the state fire marshal relating to compliance with such limits.
Source:
SL 1991, ch 283, §25.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-25 - Standards of municipal regulations--More stringent requirements not prohibited.

34-29B-25. Standards of municipal regulations--More stringent requirements not prohibited.
Regulations adopted by municipalities under the provisions of chapter 9-33 shall be at least equal to the standards adopted by the State Fire Marshal. Any municipality may by reference adopt such standards from time to time and enforce such regulations as their own. Nothing in this chapter or rules adopted pursuant to this chapter prohibits any political subdivision of the state from making and enforcing more stringent requirements than those set forth in this chapter or rules adopted pursuant to this chapter.
Source:
SL 1991, ch 283, §26; SL 2004, ch 17, §212.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-26 - Effect of chapter on local zoning ordinances--Regulation of flammable or combustible liquid bulk plants.

34-29B-26. Effect of chapter on local zoning ordinances--Regulation of flammable or combustible liquid bulk plants.
Nothing in this chapter or in the rules pursuant thereto may be construed to affect the power of any local government, if so authorized by law, to regulate the use of land by zoning, and any municipality in which there is no comprehensive zoning ordinance in effect may prohibit the installation of flammable or combustible liquid bulk plants within areas which are predominantly residential and areas used predominantly for retail mercantile purposes.
Source:
SL 1991, ch 283, §74; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 29B - Fire Prevention › Section 34-29B-27 - Municipal regulation of tank vehicles--Load and capacity of vehicles.

34-29B-27. Municipal regulation of tank vehicles--Load and capacity of vehicles.
Nothing in this chapter may be construed to mean that a governing body of a first or second class municipality may not regulate movement of tank vehicles to specific routes and streets. Load and capacity of tank vehicles shall be governed by the uniform motor vehicle and traffic laws of South Dakota and local regulation as therein authorized.
Source:
SL 1991, ch 283, §75; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31 - Fire-Fighting Equipment And Agreements › Section 34-31-1 - County agreements with other agencies for fire protection or purchase of equipment.

34-31-1. County agreements with other agencies for fire protection or purchase of equipment.
The boards of county commissioners of the counties of this state may, in their discretion, cooperate with the governing bodies of organized townships or municipal corporations within their respective counties, with organized townships or municipal corporations in adjacent counties, the secretary of public safety or his designee, nonprofit fire protection corporations or associations, and with the boards of county commissioners, organized townships or municipal corporations within adjacent states when reciprocal agreements between the contracting parties have been provided in the purchase and operation of any fire-fighting equipment or fire protection to safeguard the range, farm and forest lands within their respective counties and in prevention of fire nuisances thereon.
Source:
SL 1947, ch 46, §1; SL 1953, ch 19; SDC Supp 1960, §12.0617-4; SL 1965, ch 26; SL 1969, ch 20; SL 1971, ch 206, §1; SL 1980, ch 246; SL 1985, ch 15, §43; SL 2002, ch 252 (Ex. Ord. 02-1), §9; 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 31 - Fire-Fighting Equipment And Agreements › Section 34-31-2 - County agreements with other agencies for training and payment of costs.

34-31-2. County agreements with other agencies for training and payment of costs.
The boards of county commissioners of the counties of this state may participate in cooperation with the organized townships and municipal corporations within their respective counties, organized townships and municipal corporations in adjacent counties, or the fire-fighting agencies thereof, and with organized townships, boards of county commissioners or municipal corporations in adjacent states when reciprocal agreements between contracting parties have been provided and with the secretary of public safety or his designee in the organization and training of rural fire-fighting groups, and in the payment of the operation and maintenance of fire-fighting equipment and in the cost of suppressing fires.
Source:
SL 1947, ch 46, §2; SL 1953, ch 19; SDC Supp 1960, §12.0617-4; SL 1965, ch 26; SL 1969, ch 20; SL 1971, ch 206, §2; SL 1985, ch 15, §44; SL 2002, ch 252 (Ex. Ord. 02-1), §10; 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 31 - Fire-Fighting Equipment And Agreements › Section 34-31-3 - County tax levy for fire-fighting purposes--Petition to include municipality--Maximum levy--Accumulation from year to year.

34-31-3. County tax levy for fire-fighting purposes--Petition to include municipality--Maximum levy--Accumulation from year to year.
For the purpose of carrying out the provisions of §§34-31-1 and 34-31-2, the board of county commissioners may levy a tax not to exceed sixty cents per thousand dollars of taxable valuation in the county outside the limits of any municipality which provides fire protection service. However, the governing body of any municipality may by ordinance petition the board of county commissioners to include the taxable valuation within the limits of the municipality under the aforementioned levy for county fire protection service. The inclusion of the taxable valuation within the limits of the municipality under the levy for county fire protection service shall be in addition to the municipal levy for fire protection as provided in chapter 9-33. The proceeds of such tax shall be used only for the purposes of §§34-31-1 and 34-31-2 in the county in which the tax is levied and unexpended balances at the end of the fiscal year may not revert to the general fund but shall be permitted to accumulate and shall be available for carrying out the purposes of §§34-31-1 and 34-31-2. The levy authorized by this section is in addition to the levy authorized in §10-12-21.
Source:
SL 1947, ch 46, §3; SL 1953, ch 19; SDC Supp 1960, §12.0617-4; SL 1965, ch 26; SL 1975, ch 223; SL 1976, ch 223, §1; SL 1985, ch 15, §45; SL 1985, ch 77, §23; SL 1989, ch 87, §15E.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31 - Fire-Fighting Equipment And Agreements › Section 34-31-4 - Municipal contracts with other agencies for fire protection.

34-31-4. Municipal contracts with other agencies for fire protection.
Every municipality shall have power when and to the extent deemed expedient by its governing body, to enter into contracts for the furnishing of fire-fighting equipment and protection for the municipality, with any other political subdivision or subdivisions or with any nonprofit fire protection corporation or association legally organized, provided that any contracts so entered shall extend for a term of not to exceed ten years. The term "nonprofit fire protection corporation or association" as used herein shall include any corporation or association legally organized for the primary purpose of providing fire-fighting equipment and protection for a particular political subdivision or subdivisions, and operated on a nonprofit basis. Such contracts may be entered into with political subdivisions of adjoining states when reciprocal agreements between the contracting parties have been provided.
Source:
SDC Supp 1960, §45.0201-1 (22) as added by SL 1961, ch 244, §1; SL 1971, ch 206, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31 - Fire-Fighting Equipment And Agreements › Section 34-31-5 - Validation of prior municipal contracts for fire protection.

34-31-5. Validation of prior municipal contracts for fire protection.
All acts of municipalities of this state prior to March 9, 1961, contracting with other political subdivisions or with nonprofit fire protection corporations or associations for the furnishing of fire-fighting equipment and protection for the municipality are hereby validated.
Source:
SL 1961, ch 244, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31 - Fire-Fighting Equipment And Agreements › Section 34-31-6 - Fire equipment shop--Acquisition, renovation, and distribution of equipment and excess vehicles--Assistance programs.

34-31-6. Fire equipment shop--Acquisition, renovation, and distribution of equipment and excess vehicles--Assistance programs.
The Department of Public Safety may operate a fire equipment shop to acquire and renovate equipment and distribute fire equipment, supplies and parts, which are not available through the Bureau of Administration, and federal and state excess vehicles and property to counties and rural fire departments or districts for the suppression of rural fires. The department may charge recipients for reasonable direct and indirect costs of providing such rural fire equipment, vehicles, and supplies to counties and rural fire departments or districts. The department may administer federal and state cost assistance programs related to such rural fire protection. The vehicles and property may be provided with clear title by the department to counties and rural fire departments or districts, or the title may be retained by the state or federal government.
Source:
SL 1984, ch 277, §1; SL 1986, ch 285, §2; SL 2002, ch 252 (Ex. Ord. 02-1), §11; SL 2004, ch 237, §1; SL 2009, ch 169, §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 31 - Fire-Fighting Equipment And Agreements › Section 34-31-7 - Fire equipment fund created--Revenue.

34-31-7. Fire equipment fund created--Revenue.
There is created in the state treasury the fire equipment fund. All revenues collected from counties and volunteer fire departments pursuant to §34-31-6 shall be deposited in the fund for the administration of the provisions of §34-31-6.
Source:
SL 1984, ch 277, §3.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31 - Fire-Fighting Equipment And Agreements › Section 34-31-8 - Purchase of used motor vehicles and equipment at auctions of surplus property or from utility companies--Cost assistance programs.

34-31-8. Purchase of used motor vehicles and equipment at auctions of surplus property or from utility companies--Cost assistance programs.
Notwithstanding the provisions of §5-18D-25, the Department of Public Safety may purchase used motor vehicles and equipment at auctions of federal and state surplus property, or from public and private utility companies, irrespective of whether or not the sellers of the vehicles are licensed dealers as required by §5-18D-25, for distribution to fire departments or districts for fire suppression. The department may charge recipients for reasonable direct and indirect costs of providing such rural fire equipment, vehicles, and supplies to counties and rural fire departments or districts. The department may administer federal and state cost assistance programs related to such rural fire protection.
Source:
SL 1986, ch 285, §1; SL 2002, ch 252 (Ex. Ord. 02-1), §12; SL 2004, ch 237, §2; SL 2011, ch 2, §139; 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 31A - Rural Fire Protection Districts › Section 34-31A-2 - Electors' petition to establish district--County commissioners' resolution to initiate proceedings.

34-31A-2. Electors' petition to establish district--County commissioners' resolution to initiate proceedings.
If an application for organization as provided in §6-16-2 covering any rural territory is completed and requests to form, organize, establish, equip, and maintain a rural fire protection district, the application shall be filed with the county auditor of each county in which the territory is located. The board of county commissioners in each county where the rural fire protection district would be located may by resolution initiate the formation of the district.
Source:
SL 1971, ch 208, §1; SL 1973, ch 226, §1; SL 1984, ch 241, §1; SL 1998, ch 36, §28.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-3 - Inclusion of municipality in district.

34-31A-3. Inclusion of municipality in district.
Any municipality located within the area, whether the municipality has a fire department or not, may be included in the rural fire district if twenty percent of the landowners within the municipality who are also registered voters within the municipality sign a separate petition from that municipality, or if the governing body of the municipality establishes intent by passing a resolution so indicating.
Source:
SL 1971, ch 208, §1; SL 1973, ch 226, §2; SL 1992, ch 60, §2; SL 1998, ch 36, §29; SL 2002, ch 144, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-4 - Contents of petition or resolution--Plat or map.

34-31A-4. Contents of petition or resolution--Plat or map.
The petition shall contain the suggested name of the proposed district, the area in square miles to be included, and a complete description according to government survey, if possible, of the boundaries of the real properties intended to be embraced in the proposed rural fire protection district. The petitioners shall also present to the county auditor a plat or map showing the suggested boundaries of the proposed district.
Source:
SL 1971, ch 208, §1; SL 1973, ch 226, §3; SL 1998, ch 36, §30.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-5 - Examination of petition by auditor--Time and place of hearing.

34-31A-5. Examination of petition by auditor--Time and place of hearing.
Upon the filing of the petition in the office of the county auditor, the county auditor shall determine and certify that the petition has been signed by the number of voters as specified in §6-16-2. If the petition contains sufficient names, the county auditor shall designate a time and place for the petition or resolution of the county commissioners to be heard by the board of county commissioners.
Source:
SL 1971, ch 208, §2; SL 1973, ch 226, §4; SL 1998, ch 36, §31.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-6 - Auditor's action where two or more counties included--Time and place of joint hearing.

34-31A-6. Auditor's action where two or more counties included--Time and place of joint hearing.
If the proposed district shall be situated within two or more counties, the county auditor of the county wherein the largest area is contained, shall confer with the auditor or auditors of the other counties concerned, and shall obtain a certificate as to the adequacy of the petitions or resolution pertaining to said county or counties, and thereafter he shall designate a time and place for hearing before a joint meeting of the boards of county commissioners of all counties in which the proposed district is to be situated and shall give notice thereof by publication in a manner provided in §34-31A-7.
Source:
SL 1971, ch 208, §2; SL 1973, ch 226, §5.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-7 - Publication of notice of commissioners' hearing.

34-31A-7. Publication of notice of commissioners' hearing.
Notice of the hearing shall be given by publication two weeks in the legal newspapers of each county affected, the last publication appearing at least seven days prior to the hearing. The notice shall include a statement of the proposed boundaries as set forth in the petition.
Source:
SL 1971, ch 208, §2; SL 1992, ch 80, §211; SL 1998, ch 36, §32.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-8 - County commissioners' hearing on organization of district--Determination and order as to district and boundaries.

34-31A-8. County commissioners' hearing on organization of district--Determination and order as to district and boundaries.
At the time and place so fixed, the board or boards of county commissioners shall meet, and all persons residing in or owning taxable property within the proposed district shall have an opportunity to be heard respecting the formation of such district or the location of the boundaries thereof. Thereupon the board or boards of county commissioners shall determine whether the proposed district is suited to the general fire protection policy of the county, or each of such counties, as a whole, determine the boundaries of the proposed district, whether as suggested in the petition or otherwise, and make a written order of such determination which shall describe the boundaries of the district and be filed in the office of the county auditor or auditors of each county in which such district is situated.
Source:
SL 1971, ch 208, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-9 - Time and place of meeting of resident property owners of district.

34-31A-9. Time and place of meeting of resident property owners of district.
Following the filing of the order of the board of county commissioners, an election shall be conducted as provided in §§6-16-4 to 6-16-6, inclusive.
Source:
SL 1971, ch 208, §3; SL 1992, ch 80, §212; SL 1998, ch 36, §33.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-13 - Election of first board of directors.

34-31A-13. Election of first board of directors.
Permanent organization shall be effected by the election of a board of directors consisting of not less than five residents of the district. If the district includes any incorporated municipalities which are located within the boundaries of the district, no more than two members of a five-member board of directors may be voters who are residents of the incorporated municipal areas of the district if at least forty percent of the registered voters of the district live outside the incorporated areas of the district, and no more than three members of the board of directors may be voters who are residents of the incorporated municipal areas of the district if at least twenty percent of the registered voters of the district live outside the incorporated areas of the district. If the board of directors consists of more than five members, the additional members, as nearly as can be accomplished, shall be in the proportions set forth in this section.
Source:
SL 1971, ch 208, §4; SL 1976, ch 224, §1; SL 1981, ch 264, §1; SL 1986, ch 286; SL 1998, ch 36, §37.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-14 - Election of officers.

34-31A-14. Election of officers.
The board of directors shall meet as soon after the organizational meeting as possible to elect a president, a vice-president, and a secretary-treasurer.
Source:
SL 1971, ch 208, §4.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-15 - Terms of directors and officers--Compensation of rural fire protection district director.

34-31A-15. Terms of directors and officers--Compensation of rural fire protection district director.
All directors and officers shall be elected for two years and hold office until their successors have been elected and qualified, except that at the first election the vice-president shall be elected as provided in §34-31A-14 for a one-year term, and one-half, or as close to one-half as possible depending upon the total number of directors, of the directors elected at the first election shall be selected by lot in the presence of a majority of such directors to serve one-year terms. A rural fire protection district director may receive compensation for his services in an amount not to exceed forty dollars per day and may receive expenses, including traveling expenses, necessarily incurred in the discharge of his duties.
Source:
SL 1971, ch 208, §4; SL 1988, ch 275, §2.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-15.1 - Filling of vacancy on board of directors.

34-31A-15.1. Filling of vacancy on board of directors.
The board of county commissioners shall fill a vacancy on the board of directors of a rural fire protection district by appointing a voter of the district who meets the requirements in §34-31A-13 to complete the unexpired term.
Source:
SL 1987, ch 257.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-16 - District as body corporate and politic.

34-31A-16. District as body corporate and politic.
Upon compliance with the provisions of this chapter relating to organization and upon compliance with chapter 6-10, the district under its designated name shall be and constitute a body politic and corporate.
Source:
SL 1971, ch 208, §17.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-17 - General powers of directors.

34-31A-17. General powers of directors.
The board of directors shall have the following general powers:
(1)To determine upon a general fire protection program for the district;
(2)To manage and conduct the business affairs of the district;
(3)To make and execute contracts in the name of and on behalf of the district;
(4)To purchase or lease such fire-fighting equipment, supplies, and other real or personal property as shall be necessary and proper to carry out the general fire protection program of the district;
(5)To incur indebtedness on behalf of the district within the limits prescribed by §34-31A-31, and to authorize the issuance of evidences of such indebtedness permitted under this subdivision, and to pledge any real or personal property owned or acquired by the district as security for the same;
(6)To organize, establish, equip, maintain, and supervise a fire department or company to serve the district;
(7)Generally to perform all acts necessary to fully carry out the purposes of this chapter.
Source:
SL 1971, ch 208, §6.
2023 South Dakota Codified Laws › Title 34 - Public Health and Safety › Chapter 31A - Rural Fire Protection Districts › Section 34-31A-18 - District contracts with other agencies or nonprofit corporations for fire protection--Validity of contracts.

34-31A-18. District contracts with other agencies or nonprofit corporations for fire protection--Validity of contracts.
Any rural fire protection district may enter into a contract with another rural fire protection district to consolidate or cooperate for mutual fire protection and prevention purposes, or may enter into a contract with any federal, state, or local government agency for fire protection service or fire protection cooperation upon terms suitable to all concerned. Power to make such contracts is hereby conferred upon such state or local government agency in addition to such powers as are otherwise provided by law. Any rural fire protection district may enter into a contract with any nonprofit corporation, organized under the laws of this state and whose sole purpose is fire protection, for fire protection service or fire protection cooperation upon terms suitable to all concerned. Any contract between a rural fire protection district and a nonprofit corporation that was entered into prior to July 1, 2005, and which now complies with the provisions of this section is hereby declared to be valid and legal.
Source:
SL 1971, ch 208, §10; SL 2005, ch 192, §1.