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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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