Open Burn Ban in Effect for Marshall County
2012-07-11 06:00 PM
2012-12-31 12:00 AM
|Contact Name||Kimberly Elder|
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July 11, 2012, 6 p.m. until further notice
On July 11, 2012, the office of the State Fire Marshal Received a request pursuant to Iowa Code 100.40(1) (1995) from Kim Elder, Representing each fire department having all or part of their fire district within Marshall County, that the State Fire Marshal prohibit open burning in Marshall County. Upon investigation the Fire Marshal finds that conditions in Marshall County are such that open burning constitutes a danger to life or property.
It is therefore ordered that no person shall engage in open burning in Marshall County, effective July 11, 2012 at 6 jp.m.. Except as specifically permitted by Iowa Code 100.40 (3) until such time as Kim Elder, representing each fire department having all or part of their fire district within Marshall County, notifies the State Fire Marshal that such conditions dangerous to life or property no longer exists.
Notice is hereby given that pursuant to Iowa Code 100.4(2) Any violation of this proclamation order is a simple misdemeanor.
Dated July 11, 2012
Raymond A Reynolds
State Fire Marshal
100.40 MARSHAL MAY PROHIBIT OPEN BURNING ON
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
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.
A fire chief may issue a permit for a controlled burn during the time when an open burning ban in invoked. The permit may be issued at the discretion of the fire chief in the fire district where the burn will take place.