State of Illinois
92^nd General Assembly
Legislation

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92_HB1081enr

 
HB1081 Enrolled                                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,  require  that
10    the  district be notified of open burning within the district
11    before it takes place, but shall not require  that  a  permit
12    for open burning be obtained from the district.  The district
13    may  not  enforce  an  ordinance  adopted  under this Section
14    within the corporate limits of a county with a population  of
15    3,000,000  or  more  or  a  municipality with a population of
16    1,000,000 or more.
17        (b) The fire department of a fire protection district may
18    extinguish any open burn that presents a clear, present,  and
19    unreasonable  danger  to persons or adjacent property or that
20    presents an unreasonable risk because of  wind,  weather,  or
21    the types of combustibles.  The unreasonable risk may include
22    the  height  of  flames,  windblown  embers,  the creation of
23    hazardous fumes, or an unattended fire.  Fire departments may
24    not unreasonably interfere  with  permitted  and  legal  open
25    burning.
26        (c) The fire protection district may provide that persons
27    setting  open  burns on any agricultural land with an area of
28    50 acres or more may voluntarily comply with  the  provisions
29    of an ordinance adopted under this Section.

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