97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1359
 
Introduced 2/9/2011, by Rep. Donald L. Moffitt
 
SYNOPSIS AS INTRODUCED:
 

 



70 ILCS 705/8.20

     Amends the Fire Protection District Act. Provides that the fire chief or any other designated officer of the fire department of a fire protection district may, with the authorization of the board of trustees of the fire protection district, prohibit open burning within the district on an emergency basis, if (i) the atmospheric conditions or other circumstances create an unreasonable risk of fire because of wind, weather, or the types of combustibles and (ii) the resources of the fire department are not sufficient to control and suppress a fire resulting from one or more of those conditions or circumstances.
  


LRB097 05235 RLJ 45285 b

 
 
A BILL FOR
 

  
HB1359LRB097 05235 RLJ 45285 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Fire Protection District Act is amended  by 
5changing Section 8.20 as follows:
 



6    (70 ILCS 705/8.20)



7    Sec. 8.20. Open burning. 

8    (a) The board of trustees of any fire protection district 
9incorporated under
this Act may, by ordinance,
require that the 
10district be notified of open burning within the district
before 
11it takes
place, but shall not require that a permit for open 
12burning be
obtained from the
district.  The district may
not 
13enforce an ordinance adopted under this Section within the 
14corporate limits
of a county with a population of 3,000,000 or 
15more or a municipality
with a population of 1,000,000 or more.

16    (b) The fire department of a fire protection district may 
17extinguish any
open burn that presents a clear, present, and 
18unreasonable danger to persons or
adjacent property or
that 
19presents an unreasonable risk because of wind, weather, or the 
20types of
combustibles.  The
unreasonable risk may include the 
21height of flames, windblown embers, the
creation of hazardous

22fumes, or an unattended fire.  Fire departments may not 
23unreasonably interfere
with permitted and
legal open burning.

 
 
HB1359- 2 -LRB097 05235 RLJ 45285 b

1    (c) The fire protection district may provide that persons 
2setting open burns
on
any agricultural
land with an area of 50 
3acres or more may voluntarily comply with the
provisions of an 
4ordinance
adopted under this Section.

5    (d) The fire chief or any other designated officer of a 
6fire department of any fire protection district incorporated 
7under this Act may, with the authorization of the board of 
8trustees of the fire protection district, prohibit open burning 
9within the district on an emergency basis,  for a limited period 
10of time, if (i) the atmospheric conditions or other 
11circumstances create an unreasonable risk of fire because of 
12wind, weather, or the types of combustibles and (ii) the 
13resources of the fire department are not sufficient to control 
14and suppress a fire resulting from one or more of the 
15conditions or circumstances described in clause (i) of this 
16subsection. For the purposes of this subsection, "open burning" 
17includes, but is not limited to, the burning of landscape 
18waste, agricultural waste, household trash, and garbage.
19(Source: P.A. 92-762, eff. 1-1-03.)