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92nd General Assembly

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Public Act 92-0762

HB1081 Enrolled                                LRB9205605MWks

    AN ACT concerning open burning.

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

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

    (70 ILCS 705/8.20 new)
    Sec. 8.20.  Open burning.
    (a) The board of trustees of any fire protection district
incorporated under this Act may, by ordinance,  require  that
the  district be notified of open burning within the district
before it takes place, but shall not require  that  a  permit
for open burning be obtained from the district.  The district
may  not  enforce  an  ordinance  adopted  under this Section
within the corporate limits of a county with a population  of
3,000,000  or  more  or  a  municipality with a population of
1,000,000 or more.
    (b) The fire department of a fire protection district may
extinguish any open burn that presents a clear, present,  and
unreasonable  danger  to persons or adjacent property or that
presents an unreasonable risk because of  wind,  weather,  or
the types of combustibles.  The unreasonable risk may include
the  height  of  flames,  windblown  embers,  the creation of
hazardous fumes, or an unattended fire.  Fire departments may
not unreasonably interfere  with  permitted  and  legal  open
burning.
    (c) The fire protection district may provide that persons
setting  open  burns on any agricultural land with an area of
50 acres or more may voluntarily comply with  the  provisions
of an ordinance adopted under this Section.
    Passed in the General Assembly May 22, 2002.
    Approved August 06, 2002.
    Effective January 01, 2003.

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