South Dakota § 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.