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SOUTH DAKOTA STATUTES AND CODES

Section 34-38-23 - Definition of terms.

34-38-23. Definition of terms. 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(5) Repealed by SL 2006, ch 185, § 5;
(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.

Source: SL 1991, ch 269, § 1; SL 2003, ch 272, §§ 20, 121; SL 2004, ch 17, § 225; SL 2006, ch 185, § 5.

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