34-34A-1. Definition of terms. Terms used in this chapter mean: (1)”Dealer,” any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale; (2)”Department,” the Department of Public Safety; (3)”Distributor,” any person engaged in the sale […]
34-34A-1.1. Manufactured home defined. A manufactured home is a structure that meets the following requirements: (1)It is transportable in one or more sections; (2)Its body is eight or more feet wide or forty or more feet long in the traveling mode or it occupies three hundred twenty or more square feet when erected on a […]
34-34A-10.1. Inspection of manufacturing and sales facilities. A representative of the State Fire Marshal may enter, at reasonable times and without advance notice, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale, to inspect, at reasonable times, in a reasonable manner and within reasonable limits, such place, and […]
34-34A-10.2. Records and reports required of manufacturers, distributors, and dealers. Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports and provide information as the State Fire Marshal or the secretary of the United States Department of Housing and Urban Development may reasonably require for the State Fire Marshal or […]
34-34A-10.3. Monitoring inspection fee. The State Fire Marshal shall establish a monitoring inspection fee in an amount determined by the secretary of the United States Department of Housing and Urban Development. The monitoring inspection fee is an amount paid by the manufacturer for each manufactured home produced in South Dakota to the secretary of the […]
34-34A-11. Interference with departmental representative as misdemeanor. No person may interfere with, obstruct, or hinder an authorized representative of the department in the performance of its duties under this chapter. Any person who violates this section is guilty of a Class 1 misdemeanor. Source: SL 1973, ch 216, §§14, 16; SDCL Supp, §34-34A-18; SL 1977, […]
34-34A-12.1. Hearings on violations. The State Fire Marshal may conduct hearings on matters relating to violations or consumer complaints, including the holding of formal and informal presentation of views, of this chapter consistent with the regulations adopted by the Department of Housing and Urban Development. The division shall hold hearings in accordance with chapter 1-26. […]
34-34A-16. Additional construction requirements not applicable–Zoning and tax laws applicable. If a manufactured home complies with the standards, neither this state nor any political subdivision thereof may require such manufactured home to comply with any additional building, plumbing, heating, or electrical requirements. However, the State Fire Marshal may promulgate rules for fire safety pursuant to […]
34-34A-19. Standards for installation–Rules. The State Fire Marshal shall establish standards for the installation of manufactured homes and may adopt rules pursuant to chapter 1-26 in the following areas: (1)Definitions; (2)Siting and foundation systems; (3)Exterior plumbing; (4)Exterior mechanical equipment (heating and cooling); (5)Exterior fuel supply; (6)Exterior electrical; (7)Life and fire safety; (8)Anchoring for wind upset […]
34-34A-20. Severability of provisions. If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid […]
34-34A-21. Citation of chapter. This chapter may be cited as the South Dakota Manufactured Home Construction and Safety Standard Act. Source: SL 1973, ch 216, §18; SL 1990, ch 278, §17.
34-34A-9.3. Construction and safety standards–Promulgation of rules. The state fire marshal is responsible for the adoption, administration, and enforcement of manufactured home construction and safety standards. The state fire marshal shall promulgate, pursuant to chapter 1-26, the standards and any rules necessary to administer and enforce the standards. The standards promulgated shall be identical to […]
34-34A-9.4. Prohibited acts. No person may: (1)Manufacture for sale, lease, sell, offer for sale or lease, introduce or deliver, or import into the State of South Dakota any home which is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard and does not comply with that standard; […]
34-34A-9.5. Transactions exempt from application of statutory manufacture or sale provisions. Subdivision 34-34A-9.4(1) does not apply: (1)To the offer for sale or to the sale of any manufactured home after the first purchase of it in good faith for purposes other than resale; or (2)To any person who establishes that he did not have reason […]
34-34A-9.6. Violation of prohibitions by persons not licensed under federal act. A person who violates any of the provisions of §34-34A-9.4 relating to manufactured homes or any rule promulgated by the State Fire Marshal to administer the provisions of this chapter is liable for a civil penalty not exceeding one thousand dollars for each violation. […]
34-34A-9.7. Violation of manufacture or sale prohibitions–Misdemeanor. A person or an officer, director, or agent of a corporation who knowingly violates the provisions of §34-34A-9.4 in any manner which threatens the health or safety of a purchaser is guilty of a Class 1 misdemeanor. Source: SL 1982, ch 267, §5; SL 1990, ch 278, §13.
