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.
[S81, §100.40; 81 Acts, ch 48, §1]
97 Acts, ch 19, §1
Structure Iowa Code
Title III - PUBLIC SERVICES AND REGULATION
Chapter 100 - STATE FIRE MARSHAL
Section 100.2 - Duties of fire officials.
Section 100.3 - Reports of fires and emergency responses.
Section 100.4 - Penalty for nonreporting.
Section 100.5 - Reports — when public records.
Section 100.6 - Testimony under oath.
Section 100.7 - Oaths — attendance of witnesses.
Section 100.8 - Refusal to testify or produce books.
Section 100.9 - Crimes in connection with fires.
Section 100.10 - Authority to enter and inspect.
Section 100.11 - Fire escapes.
Section 100.12 - Authority for inspection — orders.
Section 100.13 - Violations — orders.
Section 100.14 - Legal proceedings — penalties — injunctive relief.
Section 100.15 - Hearing on review.
Section 100.16 - Judicial review — court costs.
Section 100.17 - Bond — suspension of order.
Section 100.18 - Smoke detectors.
Section 100.19 - Consumer fireworks seller licensing — penalty — fund.
Section 100.19A - Consumer fireworks wholesaler — registration — penalty.
Section 100.20 - County attorney.
Section 100.26 - Time for compliance with order — penalty.
Section 100.30 - Investigation may be private.
Section 100.31 - Fire and tornado drills in schools — warning systems — inspections.
Section 100.33 - Annual report.
Section 100.35 - Rules of marshal — penalties.
Section 100.38 - Conflicting statutes.
Section 100.39 - Fire extinguishers in high-rise buildings.
Section 100.40 - Marshal may prohibit open burning on request.
Section 100.41 - Authority to cite violations.
Section 100.51 - Application for warrant.
Section 100.52 - Grounds for issuance.