P-5 EXPLOSIVES AND COMBUSTIBLE MATERIALS ABOVEGROUND OR UNDERGROUND STORAGE TANKS

P-5-1 PURPOSE

The purpose of this chapter is to set rules and regulations regarding the storage and inspection of combustible material located within the City of Fort Pierre.

Authority: SDCL 9-33-1

P-5-2 AUTHORITY

It is unlawful to store or keep more than one hundred (100) gallons of any combustible liquid or liquefied petroleum gas at any single location in the City unless enclosed in a tank or vessel designed for that purpose, and installed and utilized in compliance with State Law and ARSD ch. 61:15:03, Flammable Gases and Liquids Blueprints.

Source:

Authority: SDCL 9-33-1

Cross Reference: ARSD ch. 61:15:03, SDCL 34-38-23, 34-38-38

P-5-3 STORAGE

It is unlawful to keep or maintain any explosive, flammable liquid, or combustive material in any container other than one designed and designated for such use. When purchased in containers, explosives or combustible materials shall be maintained in the containers until immediately prior to use.

Source:

Authority: SDCL 9-33-1

Cross Reference: ARSD ch. 61:15:03, SDCL 34-38-23, 34-38-38

P-5-4 PERMIT

No proposed construction of a combustible liquid or liquefied petroleum gas facility may begin until the applicant has obtained approval from the Council and the Division of Commercial Inspection and Regulation of the South Dakota Department of Commerce and Regulation has examined and approved the plans and blueprints or drawings of the proposed construction.

Source:

Authority: SDCL 9-33-1

Cross Reference: ARSO 61:15:03:06, SDCL 34-38-23, 34-38-38

P-5-5 APPLICATION REQUIREMENTS

At the time of application for a building permit, the applicant shall submit duplicate drawings or blueprints, which shall include structural, electrical, plumbing, and mechanical features and must contain information required by state law in ARSD ch. 61:15:03, Flammable Gases and Liquids Blueprints.

Source:

Authority: SDCL 9-33-1

Cross Reference: ARSD ch. 61:15:03, SDCL 34-38-23, 34-38-38

P-5-6 WAIVER PROCEDURES

In the event the proposed facility does not meet zoning or set back requirements, the applicant shall then submit a written request to the Director of Public Works or his designee, requesting a hearing on the variance request or zoning change before the proper board. The Director of Public Works or his designee shall proceed with the hearings in accordance with municipal code and state statute. No variance may be approved unless the applicant has obtained easements from all affected landowners.

Authority: SDCL 9-12-13, 9-33-1

Cross Reference: Ordinance Q-9, ARSD 61:15:03:06, 61:15:03:07

P-5-7 PERMIT HEARING

The Director of Public Works or his designee shall cause the application to be heard by the City Council or Board of Adjustments and Appeals, at which time the Council may adopt a resolution approving the building permit for the facility conditioned upon the approval of all plans and fire code regulations by the office of the State Fire Marshal. Upon execution of the resolution by the Council conditionally approving the building permit, the applicant shall submit a copy of the resolution, the plans and specifications to the South Dakota Division of Commercial Inspection and Regulation for its approval. Upon receipt of approval by the Division of Commercial Inspection and Regulation, the building permit will be issued and construction may begin.

Authority: SDCL 9-33-1, 9-33-6

Cross Reference: ARSD 61:15:03:06, 61:15:03:07

P-5-8 FACILITIES CONSTRUCTED AFTER MARCH 14, 1991

The provisions of this chapter apply to facilities constructed after March 14, 1991. Any facility otherwise covered by this chapter may be allowed only if it does not constitutes a distinct hazard to life or property.

Authority: SDCL 9-33-1, 34-38-38

P-5-9 ENFORCEMENT

Any person in violation of any section within this chapter shall be guilty of a Class 2 misdemeanor and, upon conviction, shall be penalized as provided in chapter T. Each day’s violation, failure, refusal, or neglect to comply with any provision of this chapter or regulation promulgated thereunder shall constitute a separate and distinct offense.

Authority: SDCL 9-19-3

P-5-10 SEVERABILITY

If any provision of this chapter is declared unconstitutional or the application of this chapter to any person or circumstance is held invalid or unconstitutional, the remainder of this chapter and applicability thereof to other persons or circumstances shall not be affected thereby.