100.40 - MARSHAL MAY PROHIBIT OPEN BURNING ON REQUEST.
100.40 MARSHAL MAY PROHIBIT OPEN BURNING ON
REQUEST.
1. The state fire marshal, during periods of extremely dry
conditions or under other conditions when the state fire marshal
finds open burning constitutes a danger to life or property, may
prohibit open burning in an area of the state at the request of the
chief of a local fire department, a city council or a board of
supervisors and when an investigation supports the need for the
prohibition. The state fire marshal shall implement the prohibition
by issuing a proclamation to persons in the affected area. The chief
of a local fire department, the city council or the board of
supervisors that requested the prohibition may rescind the
proclamation after notifying the state fire marshal of the intent to
do so, when the chief, city council or board of supervisors finds
that the conditions responsible for the issuance of the proclamation
no longer exist.
2. Violation of a prohibition issued under this section is a
simple misdemeanor.
3. A proclamation issued by the state fire marshal pursuant to
this section shall not prohibit a supervised, controlled burn for
which a permit has been issued by the fire chief of the fire district
where the burn will take place, the use of outdoor fireplaces,
barbecue grills, properly supervised landfills, or the burning of
trash in incinerators or trash burners made of metal, concrete,
masonry, or heavy one-inch wire mesh, with no openings greater than
one square inch. Section History: Early Form
[S81, § 100.40; 81 Acts, ch 48, § 1] Section History: Recent Form
97 Acts, ch 19, §1