State of Illinois
92^nd General Assembly
Legislation

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92_HB1081eng

 
HB1081 Engrossed                               LRB9205605MWks

 1        AN ACT concerning open burning.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The Fire Protection District Act is amended
 5    by adding Section 8.20 as follows:

 6        (70 ILCS 705/8.20 new)
 7        Sec. 8.20.  Open burning.
 8        (a) The board of trustees of any fire protection district
 9    incorporated under this Act may, by ordinance, regulate  open
10    burning within the district for the purpose of preventing and
11    controlling  unreasonable  fire  risk.   The  ordinance  must
12    require that the district be notified of open burning  before
13    it  takes place, but shall not require that a permit for open
14    burning be obtained from the district.  The district may  not
15    enforce  an  ordinance  adopted under this Section within the
16    corporate limits of  a  municipality  with  a  population  of
17    1,000,000 or more.
18        (b) The fire department of a fire protection district may
19    extinguish  any open burn that presents a clear, present, and
20    unreasonable danger to persons or adjacent property  or  that
21    presents  an  unreasonable  risk because of wind, weather, or
22    the types of combustibles.  The unreasonable risk may include
23    the height of  flames,  windblown  embers,  the  creation  of
24    hazardous fumes, or an unattended fire.  Fire departments may
25    not  unreasonably  interfere  with  permitted  and legal open
26    burning.
27        (c) The fire protection district may provide that persons
28    setting open burns on any agricultural land with an  area  of
29    50  acres  or more may voluntarily comply with the provisions
30    of an ordinance adopted under this Section.

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