House File 2392

PAG LIN

  1  1                                    HOUSE FILE 2392
  1  2
  1  3                             AN ACT
  1  4 RELATING TO CONTROLLED BURNS OF DEMOLISHED BUILDINGS CONDUCTED
  1  5    BY CERTAIN CITIES.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 455B.133, subsection 10, Code 2003, is
  1 10 amended to read as follows:
  1 11    10.  Adopt rules allowing a city to conduct a controlled
  1 12 burn of a demolished building subject to the same restrictions
  1 13 as requirements that are in effect for fire fighting training
  1 14 fires the proper removal of all asbestos containing materials
  1 15 prior to demolition and burning.  The rules shall include a
  1 16 provision provisions that a city may undertake no more than
  1 17 three controlled burns in every overlapping six=tenths=of=a=
  1 18 mile=radius circle every three years burn site have controlled
  1 19 access, that a burn site be supervised by representatives of
  1 20 the city at all times, and that the burning be conducted only
  1 21 when weather conditions are favorable with respect to
  1 22 surrounding property.  For a burn site located outside of a
  1 23 city, the rules shall include a provision that a city may
  1 24 undertake not more than one such controlled burn per day and
  1 25 that a burn site be limited to an area located at least six=
  1 26 tenths of a mile from any inhabited building.  For burn sites
  1 27 located within a city, the rules shall include a provision
  1 28 that a city may undertake not more than one such controlled
  1 29 burn in every six=tenths=of=a=mile=radius circle in each
  1 30 calendar year.  The rules shall prohibit a controlled burn of
  1 31 a demolished building in Cedar Rapids, Marion, Hiawatha,
  1 32 Council Bluffs, Carter Lake, Des Moines, West Des Moines,
  1 33 Clive, Windsor Heights, Urbandale, Pleasant Hill, Buffalo,
  1 34 Davenport, Mason City, or any other area where area=specific
  1 35 state implementation plans require the control of particulate
  2  1 matter.
  2  2
  2  3
  2  4                                                             
  2  5                               CHRISTOPHER C. RANTS
  2  6                               Speaker of the House
  2  7
  2  8
  2  9                                                             
  2 10                               JEFFREY M. LAMBERTI
  2 11                               President of the Senate
  2 12
  2 13    I hereby certify that this bill originated in the House and
  2 14 is known as House File 2392, Eightieth General Assembly.
  2 15
  2 16
  2 17                                                             
  2 18                               MARGARET THOMSON
  2 19                               Chief Clerk of the House
  2 20 Approved                , 2004
  2 21
  2 22
  2 23                            
  2 24 THOMAS J. VILSACK
  2 25 Governor