Illinois Compiled Statutes - Full Text

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Illinois Compiled Statutes - Full Text

Illinois Compiled Statutes (ILCS)

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525 ILCS 37/15

    (525 ILCS 37/15)
    Sec. 15. Requirements; liability.
    (a) Before conducting a prescribed burn under this Act, a person shall:
        (1) obtain the written consent of the landowner;
        (2) have a written prescription approved by a
    
certified prescribed burn manager;
        (3) have at least one certified prescribed burn
    
manager present on site with a copy of the prescription while the burn is being conducted;
        (4) notify the local fire department, county
    
dispatcher, 911 dispatcher, or other designated emergency dispatcher on the day of the prescribed burn; and
        (5) make a reasonable attempt to notify all adjoining
    
property owners and occupants of the date and time of the prescribed burn.
    (b) The property owner and any person conducting a prescribed burn under this Act shall be liable for any actual damage or injury caused by the fire or resulting smoke upon proof of negligence.
    (c) Any prescribed burning conducted under this Act:
        (1) is declared to be in the public interest;
        (2) does not constitute a public or private nuisance
    
when conducted in compliance with Section 9 of the Environmental Protection Act and all other State statutes and rules applicable to prescribed burning; and
        (3) is a property right of the property owner if
    
naturally occurring vegetative fuels are used.
(Source: P.A. 95-108, eff. 8-13-07.)