CHAPTER 185

(SB 37)

Fire safety requirements modified.

         ENTITLED, An Act to  revise certain provisions regarding fire safety and regarding the authority of the Department of Public Safety to promulgate rules pertaining to fire safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 34-29B-2 be amended to read as follows:

     34-29B-2.   The State Fire Marshal shall establish a program of fire prevention, fire investigation, fire training, and public fire education. The secretary 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 Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code, American Camping Association International Building Code, the International Fire Code, and the International Mechanical Code, 2003 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, they 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;

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             (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.

     Section  2.  That § 13-25-2 be amended to read as follows:

     13-25-2.   The secretary of commerce and regulation public safety may promulgate rules in accordance with chapter 1-26 to protect the health and safety of persons from fire and like emergencies in order to facilitate and implement the purposes of this chapter.

     Section  3.  That § 13-25-8.1 be amended to read as follows:

     13-25-8.1.   Any school governing body, or other agency operating a school aggrieved by an order issued pursuant to § 13-25-7 may, within ten days after receipt thereof, demand a hearing by serving the secretary of commerce and regulation public safety a copy of such the demand. The secretary of commerce and regulation public safety shall set a hearing date which shall be within twenty days of receiving the demand. The secretary shall notify the aggrieved party thereof at least ten days prior to the hearing. The proceedings shall be conducted as in contested cases and appeal may be made as provided by chapter 1-26.

     Section  4.  That § 13-25-15 be amended to read as follows:

     13-25-15.   For new construction after January 1, 1992 July 1, 2006 , any rules adopted by the division department shall use as a basis for their development the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code International Building Code, the International Fire Code, and the International Mechanical Code, 2003 editions , and referenced standards which may be modified, amended, or deleted if the director secretary finds that strict application of the code is impractical and, furthermore, that the modification is in conformity with the intent and purpose of the code or standards.

     Section  5.  That § 34-38-23 be amended to read as follows:

     34-38-23.   Terms used in this chapter mean:

             (1)      "Aboveground storage tank," a horizontal or vertical tank that is listed and intended for fixed installation at or above grade and is used within the scope of its listing. This includes a tank inside a building;

             (2)      "Authority having jurisdiction," the local or state governing organization, office, or individual responsible for approving equipment, installation, or procedure;

             (3)      "Combustible liquid," a liquid having a flash point at or above 100 degrees Fahrenheit, (37.8 degrees Celsius);

             (4)      "Department," the Department of Public Safety;

             (5)      "Division," the Division of Commercial Inspection and Licensing;

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             (6)      "Flammable liquid," a liquid having a flash point below 100 degrees Fahrenheit (37.8 degrees Celsius) and having a vapor pressure not exceeding forty psia (2,068 mm hg) at 100 degrees Fahrenheit (37.8 degrees Celsius) shall be known as a class I liquid;

             (7)      "Listed," equipment or materials included in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specified manner; and

             (8)      "Retail sale," the sale of flammable and combustible liquids for any purpose other than for resale.

     Section  6.  That § 34-38-26 be amended to read as follows:

     34-38-26.   Except as otherwise provided in this chapter, aboveground storage tanks shall comply with the applicable provisions of Article 79, Division V and Division VII of the Uniform Fire Code chapter 34 of the International Fire Code, 2003 edition .

     Section  7.  That § 34-38-29 be amended to read as follows:

     34-38-29.   Spill control shall be provided in accordance with Article 79, Division V, section 79.507 of the Uniform Fire Code chapter 34 of the International Fire Code, 2003 edition .

     Section  8.  That § 34-38-34 be amended to read as follows:

     34-38-34.   Delivery operations shall comply with applicable requirements of section 79.808 of the Uniform Fire Code chapter 34 of the International Fire Code, 2003 edition . Dispensing operations shall comply with the provisions of section 79.903 of the Uniform Fire Code chapter 34 of the International Fire Code, 2003 edition .

     The delivery vehicle shall be separated from any aboveground tank by at least twenty-five feet.

     Means shall be provided for determining the liquid level in each tank and this means shall be accessible to the delivery operator. Provisions shall be made either to automatically stop the delivery of fuel to the tank when if the liquid level in the tank reaches ninety-five percent of capacity or to sound an audible alarm if the liquid level in the tank reaches ninety percent capacity.

     A check valve, gate valve with quick-connect coupling, or a dry-break valve shall be installed in the piping at the point where connection and disconnection is made for delivery from a vehicle to any aboveground tank. This device shall be protected against tampering and physical damage.

     If the delivery hose is connected directly to the tank, the fill line at the tank shall be equipped with a tight-fill device for connecting the hose to the tank.

     Section  9.  That § 34-38-35 be amended to read as follows:

     34-38-35.   For the purpose of implementing this chapter, the division department may promulgate rules pursuant to chapter 1-26 to protect the health and safety of persons from fire, explosion and like emergencies based on codes and standards set forth by the Uniform Building Code, Uniform Fire Code, Uniform Mechanical Code International Building Code, the International Fire Code, and the International Mechanical Code, 2003 editions, and referenced standards except such portions as are deleted, modified, or amended.

     Section  10.  That § 34-38-38 be amended to read as follows:

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     34-38-38.   The provisions of this chapter apply to facilities constructed after March 14, 1991 July 1, 2006 . Existing installations shall be permitted only if, in the opinion of local and state authorities, they do the existing installation does not constitute a distinct hazard to life or property.

     Signed February 21, 2006

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