093_HB1249eng

 
HB1249 Engrossed                     LRB093 06583 BDD 10290 b

 1        AN ACT concerning fire protection.

 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 changing 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
 9    district  incorporated  under  this  Act  may,  by ordinance,
10    require that the district be notified of open burning  within
11    the  district  before  it  takes place, but shall not require
12    that a permit for open burning be obtained from the district.
13    The district may not enforce an ordinance adopted under  this
14    Section  (i)  within  the  corporate  limits  of  the City of
15    Chicago, (ii) within the boundaries of a farm  that  consists
16    of  more than 50 acres, and (iii) within the corporate limits
17    of a forest preserve district if the burning is performed  by
18    or  under the direction of forest preserve district personnel
19    within the corporate limits of a county with a population  of
20    3,000,000  or  more  or  a  municipality with a population of
21    1,000,000 or more.
22        (b)  The fire department of a  fire  protection  district
23    may  extinguish any open burn that presents a clear, present,
24    and unreasonable danger to persons or  adjacent  property  or
25    that  presents an unreasonable risk because of wind, weather,
26    or the types of  combustibles.   The  unreasonable  risk  may
27    include  the height of flames, windblown embers, the creation
28    of hazardous fumes, or an unattended fire.  Fire  departments
29    may  not unreasonably interfere with permitted and legal open
30    burning.
31        (c)  The  fire  protection  district  may  provide   that
 
HB1249 Engrossed            -2-      LRB093 06583 BDD 10290 b
 1    persons  setting  open burns on any agricultural land with an
 2    area of 50 acres or more  may  voluntarily  comply  with  the
 3    provisions of an ordinance adopted under this Section.
 4    (Source: P.A. 92-762, eff. 1-1-03.)