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 […]
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 […]
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.
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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 […]
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.
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.
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, […]
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 […]
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 […]
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 […]
