Open Burning and Nuisance Fires
Ordinance #217 was adopted on May 17, 2016 by the Board of Trustees and establishes the criteria to conduct open burning within the District.
Definitions
For the purposes of this Ordinance, the following words and phrases shall have the meanings ascribed to them in this Section:
A. Open Burning: Any outdoor fire that is intentionally lit that is not used for recreation or cooking.
B. Nuisance Fire. Any fire that is burning Waste material which is designated so by the EPA, Will County, Village of Frankfort, or the Village of Mokena.
C. Recreation Fire. Recreation fires, being fires used to entertain or cook, may burn sticks, limbs, logs, charcoal, cooking, or camping fuel only. Recreation fires may not exceed an area dimension of six feet by six feet.
D. Waste Materials. Waste Material means all substances liquid, semi-solid or solid other than, leaves, sticks, logs, branches and bushes originating on the owners property, charcoal and cooking or camping fuel. Waste Materials including but not limited to; garbage, trash, refuse, lumber, building materials, or tires shall not be burned in recreation fires.
E. Patio Wood Burning Unit. A unit being a chimney, patio warmer, or other portable wood burning device used for outdoor recreation and/or heating.
F. Competent Person. Anyone over the age of 18 who is not under the influence of drugs or alcohol.
G. Means of Extinguishment. A fire extinguishing system that is on hand and ready to deploy, to extinguish the open burning. This can be an appropriate sized extinguisher, a hose and water supply, or earth moving equipment. The fire shall be considered extinguished when smoke ceases to be emitted.
Notification Requirements:
All residents and business shall notify the District in advance of any open burn to take place on property within the District The notification shall include the following information:
A. The name of the competent person who will be responsible for the fire;
B. A call back phone number for the competent person / responsible party:
C. The address of the property the burn will occur at; and
D. The approximate hours in which the open burning will occur.
The District may deny requests to conduct an open burn if warranted by current or forecasted weather conditions. There shall be absolutely no open burning if the district is under a red flag warning or drought conditions as determined by the National Weather Service.
Open Burn Requirements:
A. Fires to be Attended. All fires shall be constantly attended by a competent person until such fire is extinguished. This person shall have a hose connected to a water supply or other fire extinguishing equipment ready for use. This person shall be responsible for notifying the local fire department before starting the fire. This person shall be responsible for notifying the Fire District in the event the fire becomes uncontrolled.
B. Location of Fires. In general, fires shall be located not less than 50 feet from any motor vehicle and any structure, and there must be adequate provision made to prevent spreading of the fire. No fire shall exceed six feet by six feet in diameter. Any burning with 20 feet from the edge of any public roadway is strictly prohibited. Only one fire, which is not contained in a patio wood burning unit, shall exist on any property at any given time.
1. Fires shall be located not less than 300 feet, unless otherwise specifically provided for herein, from any school, park, hospital, nursing home and/or residence of a person with a chronic respiratory disease. For the purposes of this ordinance, Forest Preserves, Designated Conservation areas and agricultural properties used for agricultural purposes are exempt from the 300 feet setback.
2. Fires contained in a "patio wood-burning unit," being a chimney, patio warmer, or other portable wood-burning device used for outdoor recreation and/or heating shall by at least 15 feet from any neighboring structure.
3. Outdoor Cooking fires with the use of charcoal, propane or camping fuel may be located adjacent to or upon a structure.
Authority to Extinguish:
The Board authorizes the District's Fire Chief or designated representative, and members of the fire department, to 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, as provided by law. The unreasonable risk may include the height of flames, windblown embers, the creation of hazardous fumes, or an unattended fire.
Waste Materials:
Nothing in this Ordinance shall authorize the burning of any waste, which is subject to the restrictions and prohibitions of the Illinois Environmental Protection Act (415 ILCS 5/1 et seq.) and the rules and regulations adopted under its authority. Nuisance fires burning Waste Materials shall be immediately extinguished.
Responsibility:
Notwithstanding any other provision or rule of law, the following persons shall be jointly, or jointly and severally, liable for reimbursement of open burn monitoring and response services but only after having either (a) failed to provide notice of an open burn to the District as provided by law and this Ordinance, or (b) failed to comply with an open burn prohibition announced by the District's Fire Chief as provided by this Ordinance:
A. The owner of the property on which open burn monitoring and response services are provided or occur; and
B. Any person involved in a any activity which caused or contributed to the causation of the open burn monitoring and emergency response, including but not limited to any person filing a false report resulting in dispatch of open bum monitoring and response services.
Reimbursement Fees:
The reimbursement fees for District open burn monitoring and response services imposed after having either (a) failed to provide the District notice of an open burn or (b) failed to comply with an open burn prohibition set forth in this Ordinance are as follows.
Per hour per vehicle $250.00
Per hour per team member $70.00
Cost of materials used At cost.