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South Dakota



Chapter 3.02     Fire Limits and Building Regulations

3.0201     Defining Fire Limits

The fire limits of the City of Scotland shall embrace the business district and the industrial district.

3.0202     Building Permit Required

It shall be unlawful for any person, firm or corporation to erect any new buildings or structures or to repair or alter any existing buildings or structures within the fire limits of the City without first having obtained a permit authorizing such construction, repair or alteration, and it shall be unlawful to repair any frame building now within the said fire limits that may have been damaged by fire or otherwise be deteriorated to the extent of 50 percent of its value, said value to be determined as hereinafter provided.

3.0203     Permits

Application for permits, to construct, repair or alter any building or structures as provided in the previous section, shall be in writing, describing the lot and block where said proposed improvement is contemplated and the character of the material proposed to be used, together with the dimensions of the proposed improvement or the detail of the proposed repair, and the character of the roof if any, and such application in duplicate shall be filed with the Finance Officer. Such application shall be endorsed thereon by the Finance Officer, and a permit, if authorized, shall be issued to such applicant.

3.0204     Materials and Design of Buildings Within Fire Limits

No building shall be erected or constructed within the fire limits, unless the same be erected and constructed in conformity with the following provisions nor shall the City Council issue a building permit for any proposed structure contravening these regulations; to-wit:

The walls of the building erected or constructed within one hundred (100) feet of Main Street and within the fire limits, shall be of stone, brick, steel or cement, and roofed with fireproof material.

All buildings on the back forty-two (42) feet of said fire limit, lots, if allowed to be constructed of wood, shall be covered with asbestos paper and iron, asbestos or steel sheathing, rock faced or corrugated pattern, and the roof shall be covered with any good fireproof material.

3.0205     City Engineer to Inspect

The Mayor or City Council at their discretion, will inform the City Engineer to inspect all buildings or parts of buildings in the course of erection, repair or alteration and located within said fire limits and see that the same are constructed in accordance with the provisions of this chapter and all ordinances in force in the City of Scotland, to see that the proper means are employed as security against fire, and for the safety, and lives and health of the public, that suitable and property materials are used and that the work is substantially done to answer for the purpose of such building and the conditions of the permit for the construction or alteration of the same.

3.0206     Destruction of Building

It shall be the duty of the chief of the Fire Department and the Mayor to inspect all buildings damaged by fire, or by deterioration or otherwise and located within the fire limits heretofore defined, and determine whether or not the same has been damaged beyond fifty percent (50%) of its value, in which case they shall cause the Finance Officer to notify the owner and occupant if any of such building, to tear down or remove the said building within sixty (60) days from the date of the service of said notice, and upon the failure of the owner to tear down and remove said building, it shall be the duty of the City Engineer to have the said building torn down and the expense of such razing to be reported to the City Council for special assessment against the property benefited.

3.0207     Inflammable Materials

It shall be unlawful for any person to keep or cause to be kept any inflammable materials within the fire limits of the City, provided that nothing in this section contained shall prohibit the keeping of reasonable supplies of merchandise, fuel as hereinafter provided, and supplies necessary to the operation of a lawful enterprise, notwithstanding their inflammable tendencies. The placement of any and all containers of liquefied petroleum gas within the fire limits shall be under the direct supervision of the chief of the Fire Department, who shall so direct in accordance with the rules and regulations relative thereto as promulgated by the Office of the State Fire Marshal.​

3.0208     Public Buildings – Outward Swinging Doors Required

It shall be unlawful for any person, firm or corporation to erect or cause to be erected or to keep any public building wherein the entrance thereto shall fail to open outward. The term public building shall be construed to mean any building where numbers of people congregate for education, religious worship or amusement. 

3.0209     Electric Wiring

This section and Section 3.0210 shall apply to all buildings within the fire limits of the City of Scotland and to all public schools, places of assembly, and filling stations:

          1)  All new wiring shall conform to the provisions of the National Electrical Code.

          2)  In the case of buildings already wired, any extension of more than five outlets or design that will carry

               more than six hundred sixty (660) watts or more than one hundred fifteen (115) volts shall conform to 

               the requirements of subsection one above.

          3)  In the case of remodeling amounting to fifty percent (50%) of the value when completed, all wiring in   

               the buildings shall be made to conform to the foregoing subsections one and two.

          4)  Circuits for all appliance and convenience outlets shall be calculated on the basis of not less than two  

               hundred fifty (250) watts per outlet.

3.0210     Wiring Installations Condemned

Whenever the City Council or any agent designated by them has reasons to believe that the wiring or electrical installation in or about any building is unsafe or defective, they or he/she shall make an inspection thereof and if the same is found to be unsafe, defective or improperly installed, the City Council shall condemn the same and immediately notify the owner or person in charge to correct any defect therein within ten (10) days thereafter and unless such defects are corrected within the time specified, it shall be the duty of the City Council to cause the current to such buildings to be turned off and not allow current to be furnished again until the proper certificate of inspection and approval by the City Council has been furnished.​

3.0211     Stairs, Railings, and Gates

The owner of any building within the fire limits of the City of Scotland, as heretofore defined, having a stairway leading from the adjoining sidewalk to the basement or cellar of such building where such stairway is not part of the building proper shall guard such stairway with a substantial railing not less than three feet (3‘) high, and the entrance to such stairway shall be at right angles to the street from which entrance is made; and any person who shall make or cause to be made any permanent opening in any sidewalk for the purpose of letting light into any basement or cellar or for any other purpose, shall guard the same with a substantial railing, not less than three feet (3’) high, or with a substantial iron grate or other strong and substantial cover, but no such railing shall occupy more than two feet (2’) in width of the sidewalk, measuring from the inner side thereof.​

3.0212     Fire Escapes Required

It shall be unlawful for any theater or moving picture house to have less than two (2) exits, and on those exits, there shall be placed a lighted sign with the word “EXIT” thereon illuminated.