House
File
261
-
Introduced
HOUSE
FILE
261
BY
PETTENGILL
A
BILL
FOR
An
Act
relating
to
open
burning.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
100.40,
subsections
1
and
3,
Code
2013,
1
are
amended
to
read
as
follows:
2
1.
The
state
fire
marshal,
during
periods
of
extremely
3
dry
conditions
or
under
other
conditions
when
the
state
fire
4
marshal
finds
open
burning
constitutes
a
danger
to
life
or
5
property
,
may
shall
prohibit
open
burning
in
an
area
of
the
6
state
at
the
request
of
the
chief
of
a
local
fire
department,
7
a
city
council
or
,
a
board
of
supervisors
and
when
an
8
investigation
supports
the
need
for
the
prohibition
,
or
an
9
emergency
management
coordinator
.
The
state
fire
marshal
may
10
consult
with
other
state
or
federal
agencies
to
confirm
the
11
conditions
in
the
requested
ban
area.
The
state
fire
marshal
12
shall
implement
the
prohibition
by
issuing
a
proclamation
to
13
persons
in
the
affected
area.
During
periods
of
extremely
dry
14
conditions,
the
state
fire
marshal
may
initiate
an
open-burning
15
prohibition
in
an
area
of
the
state
without
a
request
if
the
16
state
fire
marshal
determines
open
burning
constitutes
a
danger
17
to
life
or
property.
The
chief
of
a
local
fire
department,
the
18
city
council
or
,
the
board
of
supervisors
that
,
or
an
emergency
19
management
coordinator
who
requested
the
prohibition
may
20
rescind
the
proclamation
after
notifying
the
state
fire
marshal
21
of
the
intent
to
do
so,
when
the
chief,
city
council
or
,
board
22
of
supervisors
,
or
emergency
management
coordinator
finds
that
23
the
conditions
responsible
for
the
issuance
of
the
proclamation
24
no
longer
exist.
25
3.
A
proclamation
issued
by
the
state
fire
marshal
pursuant
26
to
this
section
shall
not
prohibit
a
any
of
the
following:
27
a.
A
supervised,
controlled
burn
for
which
a
permit
has
been
28
issued
by
the
fire
chief
of
the
fire
district
where
the
burn
29
will
take
place
,
.
30
b.
the
The
use
of
manufactured
portable
outdoor
fireplaces,
31
barbecue
grills,
properly
fixed
outdoor
fireplaces,
or
patio
32
warmers
when
used
in
accordance
with
the
manufacturer’s
33
instructions
and
only
when
approved
fuels
are
used
such
as
34
seasoned
firewood,
briquettes,
or
natural
or
propane
gas.
35
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261
c.
Properly
supervised
landfills
,
or
the
.
1
d.
The
burning
of
trash
in
incinerators
or
trash
burners
2
made
of
metal,
concrete,
masonry,
or
heavy
one-inch
wire
mesh,
3
with
no
openings
greater
than
one
square
inch.
4
e.
Burning
where
permitted
by
a
city
or
county.
5
EXPLANATION
6
This
bill
relates
to
open
burning.
7
Currently,
the
state
fire
marshal
may
prohibit
open
burning
8
during
extremely
dry
conditions
in
an
area
of
the
state
at
the
9
request
of
a
chief
of
a
local
fire
department,
a
city
council,
10
or
a
board
of
supervisors.
The
bill
requires
such
requests
11
for
open-burning
prohibitions
to
be
granted
and
also
allows
12
emergency
management
coordinators
to
request
open-burning
13
prohibitions.
During
extremely
dry
conditions,
the
state
14
fire
marshal
may
issue
open-burning
prohibition
proclamations
15
without
the
request
of
a
local
official.
16
Currently,
certain
types
of
burning
are
permitted
when
an
17
open-burning
prohibition
proclamation
is
issued.
The
bill
adds
18
a
permitted
burning
use
to
include
the
use
of
manufactured
19
portable
outdoor
fireplaces,
barbecue
grills,
fixed
outdoor
20
fireplaces,
and
patio
warmers
when
used
in
accordance
with
21
the
manufacturer’s
instructions
and
only
when
approved
fuels
22
are
used
such
as
seasoned
firewood,
briquettes,
or
natural
23
or
propane
gas.
The
bill
also
adds
burning
where
burning
is
24
permitted
by
a
city
or
county.
25
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