reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:16 - Appeal procedure

Current through Register Vol. 51, page 10, July 15, 2024
Appeals made pursuant to §
									55:10:08:01,
				  55:10:08:02,
				  55:10:08:03,
				  55:10:08:04, or 55:10:08:05 shall
				  follow the appeal procedure in this section unless the employee's department
				  has an approved departmental appeal procedure. The appeal procedure shall be as
				  follows:
(1) Appeal to division
				director, deputy commissioner, or institution administrator. The employee or
				applicant shall submit a written statement of the grievance and remedy sought
				to the division director, deputy commissioner, or institution administrator
				within 14 days after the event causing the grievance. The division director,
				institution administrator, or deputy commissioner shall respond to the grievant
				in writing within 14 days and after receipt of the written grievance. If not
				satisfied with the response, the employee may, within 14 days from the date of
				the notice, proceed to step 2;
(2)
				Appeal to the agency head. The grievant shall submit in writing the grievance
				and the remedy sought to the agency head for the appointing authority. The
				agency head shall reply in writing within 30 days after receipt of the written
				grievance. If not satisfied with the response, the employee may, within 14 days
				from the date of the notice, proceed to step 3;
(3) Appeal to commission. The grievant, who
				wishes to appeal to the commission, shall submit in writing the grievance and
				the remedy sought to the commission. Any appeal shall be addressed to: The
				Civil Service Commission, c/o The Bureau of Human Resources. The employee shall
				also send a copy of the appeal to the agency head; and
(4) Appeal to court. The decision of the
				commission may be appealed to circuit court pursuant to the provisions of SDCL
				chapter 1-26.
Any written grievance or appeal submitted by an employee may
				  be delivered personally or mailed by first class mail. If mailed, the notice is
				  effective on the date the notice is postmarked.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-15.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:08 - Appeals › Section 55:10:08:17 - Grounds for dismissal

Current through Register Vol. 51, page 10, July 15, 2024
The commission may dismiss all or part of a grievance for
				  failure to state an issue that may be appealed, for failure to state a claim
				  upon which relief may be granted, for lack of jurisdiction, or failure to meet
				  a statute of limitations or a time limit.
The commission may also dismiss for failure to develop a case
				  involving contested issues of material fact. To establish a contested issue of
				  material fact, the grievant shall produce a specific factual basis for the
				  complaint that, if proved, would establish that an action attributable to the
				  state deprived the grievant of a right arising under this article. In
				  establishing a contested issue of material fact, a grievant may not rely upon
				  mere conclusions, general allegations, and speculative statements to establish
				  factual grounds for the claim.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14,
					 3-6D-15.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:09 - Nondisciplinary separations › Section 55:10:09:01 - Layoff plan criteria

Current through Register Vol. 51, page 10, July 15, 2024
An appointing authority may lay off an employee or reduce the
				  regular working hours of a full-time employee in the civil service if
				  necessary. The reasons justifying a layoff include shortage of funds or work,
				  abolishment of a position, inefficient or nonproductive position, or material
				  change in duties or organization. The appointing authority shall designate
				  classifications, work units, or geographic locations where reductions in force
				  or reduction in hours will occur. The appointing authority shall submit a plan
				  designating each employee being laid off or whose hours are being reduced and
				  the justification for the layoff or reduction in hours. If more than one
				  incumbent exists in any classification, work unit, or geographic location
				  designated for reductions in force or reductions in hours, the criteria used to
				  identify the employee whose hours will be reduced or who will be laid off
				  include performance, longevity with the state, employment status, and special
				  knowledge, skills, abilities, and potential of the employee. The appointing
				  authority shall designate the criteria used in its layoff plan. The layoff plan
				  shall be approved by the commissioner before any employee is laid off or hours
				  reduced.
The appointing authority shall notify the employee at least
				  14 days before the effective date of the layoff. The appointing authority shall
				  give the employee written notice of the justification for the layoff or
				  reduction.
The hire date for any employee who returns to state
				  employment after a layoff of more than one year is the new date of employment.
				  Any layoff of 40 hours duration of less and any reduction of hours for less
				  than four weeks do not require prior notice to the employee.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:09 - Nondisciplinary separations › Section 55:10:09:02 - Inability to perform essential functions of position

Current through Register Vol. 51, page 10, July 15, 2024
An employee may be terminated or reclassified if the employee
				  is unable to perform, with or without a reasonable accommodation, the essential
				  functions of the employee's position. The commissioner may at any time require
				  an employee to be examined by a physician of the commissioner's choice for the
				  purpose of determining the employee's ability to perform the functions and
				  duties of the position. The examination, if required by the commissioner, shall
				  be made at the expense of the employer. An employee terminated pursuant to this
				  section may apply for reemployment rights as provided for in §
									55:10:02:09.
An employee may be compelled, with the concurrence of a
				  medical doctor, to take leave for a temporary disability that seriously affects
				  the quality or quantity of work performed or that endangers the health of the
				  employee.
General Authority:
SDCL
					 3-6D-14.
Law Implemented:
SDCL
					 3-6D-14.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:10 - Classification plan › Section 55:10:10:01 - Classification of positions

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall group all positions in the civil
				  service into classes. Each class shall include those positions sufficiently
				  similar in respect to duties, responsibilities, and authority. Each position
				  shall have the same descriptive title and position description which shall
				  indicate the requirements of education, experience, knowledge, proficiency,
				  ability, and other qualifications. The same schedule and grade of compensation
				  shall be used to maintain equity within the same or substantially the same
				  employment conditions.
General Authority:
SDCL
					 3-6D-10.
Law Implemented:
SDCL
					 3-6D-10.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:10 - Classification plan › Section 55:10:10:02 - Preparation and content of class specifications

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall prepare class specifications defining
				  the duties and responsibilities of all positions.
General Authority:
SDCL
					 3-6D-10.
Law Implemented:
SDCL
					 3-6D-10.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:10 - Classification plan › Section 55:10:10:03 - Interpretation and use of class specifications

Current through Register Vol. 51, page 10, July 15, 2024
A class specification shall be mainly descriptive and not
				  restrictive. The inclusion of particular expressions in the definition or
				  examples of duties may not exclude others of similar kind and quality. Any
				  employee may be required by the appointing authority to perform any of the
				  duties described in the class specification, any other duties which are of
				  similar kind and quality, and any duties of lower classes in the same
				  occupational series or in other series which have similar characteristics. In
				  determining the class to which a position should be assigned, each class
				  specification shall be considered as a whole, giving consideration to the
				  definition, typical assignments, responsibilities, and relationships with other
				  classes.
General Authority:
SDCL
					 3-6D-10.
Law Implemented:
SDCL
					 3-6D-10.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:10 - Classification plan › Section 55:10:10:04 - Changes in duties and responsibilities

Current through Register Vol. 51, page 10, July 15, 2024
If a significant change is made in the duties and
				  responsibilities of a position involving either the addition of new assignments
				  or the taking away or modification of existing assignments, the change shall be
				  reported to the commissioner by the department head or employee concerned. The
				  commissioner shall investigate the change and, if the change is to be permanent
				  and call for reclassification, the commissioner shall reclassify the position
				  to an appropriate class.
General Authority:
SDCL
					 3-6D-10.
Law Implemented:
SDCL
					 3-6D-10.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:10 - Classification plan › Section 55:10:10:05 - Request for classification adjustments

Current through Register Vol. 51, page 10, July 15, 2024
An employee may request that the classification of the
				  employee's position be reviewed. The employee shall complete a position
				  questionnaire. The appointing authority shall review, make written comment, and
				  return the request to the Bureau of Human Resources within 30 days from the
				  date the request for reclassification was made. The form shall then be
				  submitted to the commissioner for review.
General Authority:
SDCL
					 3-6D-10.
Law Implemented:
SDCL
					 3-6D-10.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:01 - Compensation

Current through Register Vol. 51, page 10, July 15, 2024
The pay of employees occupying civil service positions shall
				  be within the pay range approved by the commission for the respective
				  classification. Any rate of pay made pursuant to this chapter is subject to the
				  review and approval of the commissioner and shall take into consideration
				  internal equity, budget, and market conditions. Unless otherwise provided, an
				  employees rate of pay may not be less than the minimum of the applicable pay
				  grade and may not exceed the maximum of the pay grade.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:02 - Pay grades

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall recommend pay grades for each
				  classification based on the level of responsibilities and skill required of the
				  position, including know-how, problem-solving, accountability, working
				  conditions, the state's ability to pay, economic conditions, comparable salary
				  ranges for similar positions in other governmental jurisdictions and private
				  business, and other pertinent data. The pay grades recommended by the
				  commissioner, if approved by the commission, shall be filed in the Bureau of
				  Human Resources.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:03 - Out-of-class pay

Current through Register Vol. 51, page 10, July 15, 2024
If an employee is temporarily required to serve in and
				  accept the responsibility for work in a position with a higher market value for
				  more than five working days, the employee may receive up to ten percent above
				  the employee's present rate, but shall receive at least the minimum rate of the
				  pay grade. The rate of pay may be retroactive to the first day of assignment.
				  The compensation period for a temporary assignment may not exceed 90 working
				  days, but may be extended with the approval of the
				  commissioner.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:04 - Compensation of temporary employees

Current through Register Vol. 51, page 10, July 15, 2024
Temporary employees shall be paid according to the pay grade
				  assigned to the position.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:05 - Compensation for part-time permanent employees

Current through Register Vol. 51, page 10, July 15, 2024
A part-time employee who works on an on-going basis
				  regardless of the number of hours worked each week is subject to the same pay
				  structure as a full-time employee.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:06 - Starting rate on initial employment

Current through Register Vol. 51, page 10, July 15, 2024
An employees starting rate of pay may not exceed 90 percent
				  of market value of the pay grade assigned to the position without approval of
				  the commissioner. The appointing authority shall consider internal equity,
				  budget, the availability of applicants, and market conditions. With the prior
				  approval of the commissioner, an appointing authority may hire up to the
				  maximum of the range. Criteria for approval include internal equity, budget,
				  the availability of applicants, and market conditions.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:07 - Starting rate on return to duty

Current through Register Vol. 51, page 10, July 15, 2024
If a former employee returns to duty in the same
				  classification after a break in service of less than one year, the employee's
				  rate of pay may not exceed the rate the employee received at the time of
				  separation.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:08 - Starting rate on return from military service

Current through Register Vol. 51, page 10, July 15, 2024
If an employee terminates employment for active duty in the
				  armed forces and returns, the employee shall be placed at the level of pay of
				  the previous position that the employee would have earned had the employee not
				  left employment.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:09 - Rate of pay upon entering civil service from civil service exempt position

Current through Register Vol. 51, page 10, July 15, 2024
If an employee in a position exempt from civil service
				  accepts a civil service position in a classification with a range minimum equal
				  to or greater than the employee's prior position, the employee's rate of pay
				  shall be adjusted in accordance with §
									55:10:11:13. If an exempt employee
				  accepts a position that is a demotion, the employees rate of pay shall be
				  adjusted in accordance with §
									55:10:11:11. In no case may the
				  pay rate exceed the maximum of the pay grade.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:10 - Rate of pay upon change in pay grade of classification

Current through Register Vol. 51, page 10, July 15, 2024
If the pay grade of a classification is changed to one with
				  a greater market value, the incumbents shall receive a rate of pay at least
				  equal to the new minimum of the new pay grade. If the pay grade of a
				  classification is changed to one with a lower market value, the incumbents'
				  rate of pay may not be adjusted.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:11 - Rate of pay on demotion or reclassification to a pay grade with a lower market value

Current through Register Vol. 51, page 10, July 15, 2024
If an employee voluntarily accepts a demotion or is demoted
				  for cause, the employee shall receive a rate of pay in the lower pay grade that
				  the appointing authority considers appropriate, taking into consideration
				  internal equity and budget. In no case may the employee receive an increase in
				  pay. If an employees position is reclassified to a classification with a lower
				  market value, the employees rate of pay shall not be
				  adjusted.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:12 - Rate of pay upon relocation

Current through Register Vol. 51, page 10, July 15, 2024
If an employee is relocated at the request of the appointing
				  authority and the change requires the employee to relocate the employee's
				  residence, the employee may receive up to a ten percent increase in
				  pay.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:13 - Rate of pay on promotion

Current through Register Vol. 51, page 10, July 15, 2024
When an employee accepts appointment to a position with a
				  higher market value than the employee's previous position, the appointing
				  authority may request an increase in pay up to 90 percent of the market value
				  of the new position. With prior approval of the commissioner, an increase of
				  over 90 percent of market value, up to the market value, may be given. Criteria
				  for approval includes internal equity, availability of applicants outside state
				  government, and budget.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:14 - Rate of pay on classification to a pay grade with a higher market value

Current through Register Vol. 51, page 10, July 15, 2024
If a position is reclassified to a classification with a
				  higher market value, the incumbent may receive the minimum rate or up to a ten
				  percent increase in base pay, whichever is greater.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:15 - Rate of pay for additional duties

Current through Register Vol. 51, page 10, July 15, 2024
The commissioner shall establish guidelines for salary
				  adjustments based on the assignment of additional duties that add to the
				  difficulty of the position but do not warrant reclassification of the position.
				  If an employee is assigned additional duties, the employee may receive up to a
				  five percent increase in pay in accordance with the guidelines established by
				  the commissioner.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:16

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:17 - Discretionary pay adjustments

Current through Register Vol. 51, page 10, July 15, 2024
If an employees rate of pay is below the market value of the
				  pay grade, the appointing authority may request an increase in pay. The total
				  of any discretionary pay increases given to an employee may not exceed ten
				  percent of an employees rate of pay in any twelve month period. The total of
				  such increases is determined by examining the twelve months preceding any
				  proposed increase. Criteria for discretionary increases include performance,
				  internal equity, budget, market conditions, length of service, recruitment and
				  retention issues, or any combination of these. In no case may the employee
				  receive more than the maximum of the pay grade.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 55 - Bureau Of Human Resources › Article 55:10 - Civil Service System › Chapter 55:10:11 - Administration of compensation plan › Section 55:10:11:18 - Pay adjustment upon completion of probation

Current through Register Vol. 51, page 10, July 15, 2024
An employee's rate of pay may be adjusted upon the
				  completion of the probationary period by up to five percent. In no case may the
				  employee's rate of pay exceed the maximum of the pay grade.
If an employee is promoted during the employee's probationary
				  period, this section is superseded and §
									55:10:11:13
				  applies.
General Authority:
SDCL
					 3-6D-11.
Law Implemented:
SDCL
					 3-6D-11.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:06 - Medical standards for drivers' licenses › Chapter 61:06:01 - Vision standards › Section 61:06:01:06 - Driver license without restrictions

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant's visual acuity is 20/40 or better with both eyes, but no worse than 20/50 in either eye, the applicant shall be issued a driver license with no restrictions.
General Authority:
SDCL  32-12-4.5.
Law Implemented:
SDCL  32-12-4.5.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:06 - Medical standards for drivers' licenses › Chapter 61:06:01 - Vision standards › Section 61:06:01:07 - Corrective lens restriction

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant's visual acuity is 20/40 or better with both eyes, but no worse than 20/50 in either eye with correction, the applicant shall be issued a driver license with a corrective lenses restriction only.
General Authority:
SDCL  32-12-4.5.
Law Implemented:
SDCL  32-12-4.5.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:06 - Medical standards for drivers' licenses › Chapter 61:06:01 - Vision standards › Section 61:06:01:08 - Left outside rearview mirror restriction

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant's visual acuity is 20/40 or better with the left eye and 20/70 or less with the right eye, with or without correction, the applicant shall be issued a driver license requiring a vehicle equipped with a left outside rearview mirror.
General Authority:
SDCL  32-12-4.5.
Law Implemented:
SDCL  32-12-4.5.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:06 - Medical standards for drivers' licenses › Chapter 61:06:01 - Vision standards › Section 61:06:01:09 - Referral to eye specialist

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant's visual acuity is less than 20/40 with both eyes, with or without correction, the applicant shall submit a statement of examination to the department, completed by an eye specialist, on a form provided by the department. An eye specialist is an optometrist or a physician skilled in disease and surgery of the eye.
General Authority:
SDCL  32-12-4.5.
Law Implemented:
SDCL  32-12-4.5.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:06 - Medical standards for drivers' licenses › Chapter 61:06:01 - Vision standards › Section 61:06:01:10 - Restrictions recommended by eye specialist or department

Current through Register Vol. 51, page 10, July 15, 2024
If an applicant's visual acuity is less than 20/40 in both eyes, with or without correction, the applicant may be restricted to one or more of the following, according to an eye specialist's recommendation and the determination of the department:
(1) Corrective lenses;
(2) No night driving;
(3) No driving outside of city limits;
(4) Left outside rearview mirror; and
(3) [(5)] Not to exceed 50-mile radius of residence.
General Authority:
SDCL  32-12-4.5.
Law Implemented:
SDCL  32-12-4.5.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:06 - Medical standards for drivers' licenses › Chapter 61:06:01 - Vision standards › Section 61:06:01:11 - Denial of driver license

Current through Register Vol. 51, page 10, July 15, 2024
Issuance of a driver's license shall be denied if the applicant fails to score 20/60 or better with both eyes. The secretary of the Department of Public Safety or his designee may make exceptions based upon the recommendation of an eye specialist and the successful completion of a driving test.
General Authority:
SDCL  32-12-4.5.
Law Implemented:
SDCL  32-12-4.5.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:02 - Initiated procedures › Section 61:08:02:01 - Petition for declaratory rule

Current through Register Vol. 51, page 10, July 15, 2024
A person who wishes the Department of Public Safety, Boiler Inspection Program, to make a declaratory ruling, may initiate the action by filing a request in writing with the Department of Public Safety, State Fire Marshal's Office, 118 W. Capitol Avenue, Pierre, South Dakota 57501.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  1-26-16.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:02 - Initiated procedures › Section 61:08:02:02 - Agency action on request

Current through Register Vol. 51, page 10, July 15, 2024
The State Fire Marshal's Office shall consider the request within 30 days.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  1-26-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:02 - Initiated procedures › Section 61:08:02:03 - Request for decision from agency

Current through Register Vol. 51, page 10, July 15, 2024
A party with a contested case before the State Fire Marshal's Office may request a final order terminating administrative action and declaring the rights and liabilities of the parties to the contested case by delivering a demand to the State Fire Marshal's Office in person or by certified mail.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  1-26-14.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:03 - Administration › Section 61:08:03:01 - Manufacturers' data reports to be filed

Current through Register Vol. 51, page 10, July 15, 2024
Manufacturers' data reports on boilers and pressure vessels which are to be operated in the state of South Dakota, unless otherwise exempted by SDCL  34-29A-14, shall be filed with the State Fire Marshal's Office through the national board.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:03 - Administration › Section 61:08:03:02 - Owner or user to notify chief inspector of accident

Current through Register Vol. 51, page 10, July 15, 2024
If an accident occurs that renders a boiler inoperative, the owner or user shall notify the State Fire Marshal's Office within 24 hours and shall submit a detailed report of the accident within five days. In case of a serious accident, such as an explosion, notice shall be given immediately by telephone, telegraph, or messenger. The boiler and any of its parts may not be disturbed before an inspection has been made by the boiler inspector or fire marshal, except to save human life.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:04 - Notice of operation › Section 61:08:04:01 - Notice of boiler operation

Current through Register Vol. 51, page 10, July 15, 2024
The owner or contractor of a boiler which will operate in the state of South Dakota under this article shall notify the State Fire Marshal's Office of its location and operating pressure before its installation.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-27.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:04 - Notice of operation › Section 61:08:04:02 - Notice of boiler removal

Current through Register Vol. 51, page 10, July 15, 2024
A boiler removed from a location shall be reported to the chief inspector by the person performing the boiler disconnection. If the boiler has been sold, the name and address of the purchaser shall be sent to the State Fire Marshal's Office within 30 days.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:04 - Notice of operation › Section 61:08:04:03 - Notice of portable boiler operation

Current through Register Vol. 51, page 10, July 15, 2024
The owner or operator of a portable boiler brought into the state of South Dakota temporarily shall notify the State Fire Marshal's Office of the expected arrival date, length of operation time, and the removal date as soon as this information has been ascertained.
For purposes of this section, the term, portable boiler, means an internally fired boiler that is primarily intended for a temporary location and is readily moved.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:01 - General safety requirements

Current through Register Vol. 51, page 10, July 15, 2024
The safety requirements and controls are those specified in sections I and IV of the ASME code, and the National Board Inspection Code, July 1, 2021.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16.
National Board Inspection Code,
July 1, 2021 edition. Copies may be obtained from the National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, OH 43229; $335 plus shipping and handling.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:02 - Operating and limit controls required

Current through Register Vol. 51, page 10, July 15, 2024
All mechanically fired boilers shall have an operating control and a limit control.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:03 - Positive flame failure cutoff required

Current through Register Vol. 51, page 10, July 15, 2024
Positive flame failure cutoff is required on automatically fired hot water supply boilers and oil or gas fired processing and heating boilers.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:04 - Pressure gauge required

Current through Register Vol. 51, page 10, July 15, 2024
All steam boilers shall be equipped with a pressure gauge in accordance with section I or IV of the ASME code, as applicable. Hot water heating boilers shall be equipped with a pressure or altitude gauge in accordance with section IV of the ASME code.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-17,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:05 - Accurate temperature gauge required for water heater boilers

Current through Register Vol. 51, page 10, July 15, 2024
All water heater boilers shall have an accurate temperature gauge. Commercial and domestic service water heaters are exempt from this rule.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:06 - Gauge glass required on steam boilers

Current through Register Vol. 51, page 10, July 15, 2024
All steam generators with no fixed steam and water line, except forced flow steam, and high temperature water boilers of forced circulation shall be equipped with a gauge glass in accordance with sections I and IV of the ASME code.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:07 - Low-water fuel cutoffs required

Current through Register Vol. 51, page 10, July 15, 2024
Each automatically fired steam or vapor system boiler shall be equipped with one or more automatic low-water fuel cutoffs wired in series with the limit controls. It shall be located to cut off the fuel supply automatically when the surface of the water falls to the lowest safe water line. Steam boilers equipped with the electrode type of low-water fuel cutoff are required to have an additional float-operated low-water fuel cutoff.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-17,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:08 - Blowdown valves required

Current through Register Vol. 51, page 10, July 15, 2024
All boilers with a low-water fuel cutoff of the design with a float chamber shall have at least one blowdown valve attached to the chamber for each low-water fuel cutoff as prescribed by the inspection code.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-17,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:09 - Feed water valve and piping requirements

Current through Register Vol. 51, page 10, July 15, 2024
Feed water valves and piping shall conform with section I or IV of the ASME code, as applicable.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-17,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:10 - Mounting requirements for steam pressure gauges

Current through Register Vol. 51, page 10, July 15, 2024
Steam pressure gauges and limit controls shall be mounted on a siphon tube (pigtail) with a minimum diameter of one-fourth inch.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:11 - Sizing of thermal expansion tanks

Current through Register Vol. 51, page 10, July 15, 2024
Sizing of thermal expansion tanks for low pressure hot water heating systems shall be in accordance with section IV of the ASME code.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:13 - Shutoff switch required

Current through Register Vol. 51, page 10, July 15, 2024
Each boiler, excluding any hot water supply boiler, that operates unattended shall have a shutoff switch at or close to each door. The switch shall be located just outside the boiler room door and shall be marked for easy identification. If the boiler room door is on the building exterior, the switch shall be located just inside the door.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-17,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:14 - Age limit of nonstandard boilers

Current through Register Vol. 51, page 10, July 15, 2024
The age limit of a nonstandard high pressure boiler installed before August 5, 1974, is 30 years. After a thorough internal and external inspection and a hydrostatic pressure test of one and one-half times the allowable working pressure, held for a minimum of 30 minutes, during which time no distress or leakage develops, a boiler with other than a lap-riveted longitudinal joint may be continued in operation without a reduction in working pressure.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-26,  34-29A-33,  34-29A-42.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:15 - Age limit of boilers in excess of 30 inches with lap-riveted longitudinal joints

Current through Register Vol. 51, page 10, July 15, 2024
The age limit of a boiler with lap-riveted longitudinal joints and operating at a pressure in excess of 50 psig is 20 years. When removed from an existing setting, this type of boiler shall not be reinstalled for a pressure in excess of 15 pounds. A reasonable time for replacement not to exceed one year may be given at the discretion of the chief boiler inspector.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-23.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:16 - Computation of maximum allowable working pressure - Standard boilers

Current through Register Vol. 51, page 10, July 15, 2024
The maximum allowable working pressure for existing standard boilers shall be computed in accordance with the formulas in section I or IV of the ASME Boiler and Pressure Vessel Code, July 1, 2021, applicable at the time of construction.
For purposes of this section, the term, standard boiler, means a boiler or pressure vessel that bears the stamp of the state of South Dakota, another state that has adopted a standard of construction equivalent to that required by the department, the American Society of Mechanical Engineers, the National Board of Boiler and Pressure Vessel Inspectors, or equivalent safe construction acceptable to the department.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-17,  34-29A-22,  34-29A-24.
ASME Boiler and Pressure Vessel Code
, July 1, 2021 edition, sections I and IV. Copies may be obtained from the American Society of Mechanical Engineers, Two Park Avenue, New York, NY 10016. Section I, $508; section IV, $517.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:17 - Computation of maximum allowable working pressure - Nonstandard boilers

Current through Register Vol. 51, page 10, July 15, 2024
Nonstandard boilers with welded seams may not be operated at pressures exceeding 15 psig for steam or 30 psig for water. The maximum allowable working pressure for nonstandard boilers with other than welded seams shall be computed according to the following formula:
(1) The maximum allowable working pressure for nonstandard boilers is a function of the strength of the weakest section of the structure. This strength shall be computed by multiplying the ultimate tensile strength of shell plate, psig, by the minimum thickness of the weakest course of shell plate, in inches. This sum is then multiplied by the efficiency of the longitudinal joint as specified by subdivision (2) of this section. The result of this calculation is then divided by the product of the inside radius of the weakest course of the shell or drum, in inches, multiplied by the factor of safety permitted by § 61:08:05:17.04. The final result of this calculation indicates the maximum allowable working pressure in psig.
(2) When stated symbolically this formula shall read:
TStE=maximum allowable working pressure, psig
RFS
where:
TS=ultimate tensile strength of shell plates, psig.
t=minimum thickness of shell plate, in weakest course, in inches.
E = efficiency of longitudinal joint:
For tube ligaments, E shall be determined by the rules given in Section I of the ASME code.
For riveted construction refer to Part PR of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code, 2001 Edition of Section I.
For seamless construction, E is considered 100 percent.
R=inside radius of the weakest course of the shell, in inches.
FS=factor of safety permitted.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-22,  34-29A-24.
American Society of Mechanical Engineers Boiler and Pressure Vessel Code
, 2021 Edition of Section IV and IX; Copies may be obtained from the American Society of Mechanical Engineers, Two Park Avenue, New York, NY 10016. Section IV, $517; Section IX, $588.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:17.01 - Tensile strength

Current through Register Vol. 51, page 10, July 15, 2024
When the tensile strength of steel or wrought iron shell plates is not known, it shall be taken as 55,000 psig for steel and 45,000 psig for wrought iron.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-22,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:17.02 - Crushing strength of mild steel

Current through Register Vol. 51, page 10, July 15, 2024
The resistance to crushing of mild steel shall be taken at 95,000 psig.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-22,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:17.03 - Strength of rivets in shear

Current through Register Vol. 51, page 10, July 15, 2024
When computing the ultimate strength of rivets in shear, the following values in pounds per square inch of the cross-sectional area of the rivet shank shall be used:
PSIG
Iron rivets in single shear
38,000
Iron rivets in double shear
76,000
Steel rivets in single shear
44,000
Steel rivets in double shear
88,000
When the diameter of the rivet holes in the longitudinal joints of a boiler is not known, the diameter and cross-sectional area of rivets, after driving, may be selected from Table 1, or may be ascertained by cutting out one rivet in the body of the joint.
TABLE 1 - SIZES OF RIVETS BASED ON PLATE THICKNESS
Thickness of plate inches
1/4
9/32
5/16
11/32
3/8
13/32
Diameter of rivet after
driving inches
11/16
11/16
3/4
3/4
13/16
13/16
Thickness of plate inches
7/16
15/32
1/2
9/16
5/8
Diameter of rivet after
driving inches
15/16
15/16
15/160
1-1/16
1-1/16
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-22,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:17.04 - Factors of safety

Current through Register Vol. 51, page 10, July 15, 2024
The working pressure shall be decreased by the inspector if the condition and safety of the boiler warrants it. The following factors of safety represent minimum values to be used.
The lowest factor of safety permissible on existing installations is 4.5, except for horizontal-return-tubular boilers with continuous longitudinal lap seams more than 12 feet in length, for which the factor of safety is 8. When the latter type of boiler is removed from its existing setting, it shall not be reinstalled for pressures in excess of 15 psig.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-16,  34-29A-22,  34-29A-24.
South Dakota Administrative Rules › Title 61 - Department of Public Safety › Article 61:08 - Boilers › Chapter 61:08:05 - Safety requirements › Section 61:08:05:19 - Minimum safety factor for reinstalled boilers

Current through Register Vol. 51, page 10, July 15, 2024
Reinstalled and secondhand boilers shall have a minimum safety factor of five when the longitudinal seams are of butt and double strap construction.
For purposes of this section, the term, reinstalled boiler, means a boiler removed from its original setting and re-erected at the same location or erected at a new location without change of ownership.
General Authority:
SDCL  34-29A-16.
Law Implemented:
SDCL  34-29A-23.