S.F. 2029 Section 1. Section 100.40, subsection 1, Code 2024, is 1 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 prohibit open burning in an area of the state at 6 the request of the chief of a local fire department, a city 7 council , or a board of supervisors and when an investigation 8 supports the need for the prohibition. The chief of a local 9 fire department may only request that the state fire marshal 10 prohibit open burning in an area if a majority of the city 11 council or board of supervisors, whichever is applicable, 12 approves the request. The state fire marshal shall implement 13 the prohibition by issuing a proclamation to persons in the 14 affected area. The chief of a local fire department, the 15 city council , or the board of supervisors that requested the 16 prohibition may rescind the proclamation , after notifying the 17 state fire marshal of the intent to do so, when the chief, city 18 council , or board of supervisors finds that the conditions 19 responsible for the issuance of the proclamation no longer 20 exist. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill requires the chief of a local fire department to 25 obtain majority approval from the city council or board of 26 supervisors, whichever is applicable, in order to submit a 27 request to the state fire marshal to prohibit open burning. 28 Current law provides that the chief of a local fire department 29 may submit a request directly to the state fire marshal to 30 prohibit open burning in an area of the state. The city 31 council and board of supervisors may also submit direct 32 requests to the state fire marshal. 33 -1- LSB 5170XS (2) 90 lh/js 1/ 1