Chapter 8: Fire Prevention and Protection

Sec. 8-1. - 8-15. Reserved

Sec. 8-16. Outside Burning; Container Requirements; Permitted Burning Material

A. Except as provided in Sections 8 -17 and 8 -18, outside burning may be carried on only in a covered
metal container or incinerator in good repair having adequate openings in the bottom to insure good
combustion, but having no openings in the sides or top larger than three fourths (3/4) of an inch and
only after sun-up and before sundown. (Ord. 2006-11; 10/23/06) (Ord. 2007-2; 6/11/07)

B. No outside burning device may be located within t en (10) feet of any property line or within ten (10)
feet of any building, combustible fence or other structure, tree or shrub. (Ord. 2007-2; 6/11/07)

C. Only paper or paper goods may be burned in an outside burning device. (Ord. 2007-2; 6/11/07)

D. If rubbish or garbage is placed or stored in an outside burning device, the said device no longer
qualifies as an outside burning device and may not be used for outside burning unless and until all
rubbish and/or garbage has been removed from the said device and the said device is thoroughly
cleaned to ensure that no rubbish or garbage will be burned when the said device is again used for
outside burning. (Ord. 2007-2; 6/11/07)

E. It shall be unlawful for any person to burn any substances which emit or cause foul, obnoxious,
unhealthful, putrid, noisome or disagreeable odor or effluvia, and which are objectionable or offensive
to any person or persons residing near the same or to any person passing along any street, sidewalk or
alley near the same. (Ord. 2007-2; 6/11/07)

F. No substance that gives off noxious smoke, such as drugs, chemicals, home wastes and animal wastes
shall be burned.
G. Any other form of outside burning shall require the permission of the fire chief.

Sec. 8-17. Open Burning

Except as provided in Sections 8 -16 and 8-18 open burning of any and all materials is prohibited with the
corporate limits of the Village of Durand, Illinois with the following exceptions and restrictions: (Ord. 2008-
11; 10/27/08)

a. Open burning of dry leaves, dry brush, paper or paper goods will be allowed during daylight
hours within the corporate limits of the Village of Durand, Illinois in the months of April,
May, October and November provided, however, that such person or persons conducting such
burning shall be in attendance at all times during said open burning. (Ord. 2006 -11;
10/23/06)

b. Open burning is not permitted on any property owned or occupied by any governmental entity
or over which any governmental entity has an easement or right of way, without the express
consent and authorization of the said governmental entity. (Ord. 2006-11; 10/23/06)

c. The Public Works Department of the Village of Durand, Illinois is not subject to the burning
restrictions contained in this section and shall be allowed to burn as needed. (Ord. 2006-11;
10/23/06)

d. The Village of Durand Board of Trustees may, at the request of any governmental entity,
waive the enforcement of this section and allow the said governmental agency to conduct a
specifically requested burning, subject to any conditions and/or restr ictions as the said Board
of Trustees deems reasonable and proper. (Ord. 2006-11; 10/23/06)

Sec. 8-18. Recreational Burning

Recreational burning is defined as an occasional burning of fuels for legitimate campfire or cooking
purposes and is allowed within the Village of Durand, Illinois subject to the following restrictions:

a. A recreational fire must be contained in a fire pit, fire ring or other device designed for and
intended for recreational burning as herein defined.

b. The fire pit or fire ring shall not be greater than forty (40) inches in diameter and shall not exceed
eighteen (18) inches below ground level or above ground level.

c. No treated lumber or treated wood shall be burned or used as fuel.

d. The person or persons conducting such recreational burning shall be in attendance at all times
during said burning.

e. No outside burning device may be located within ten (10) feet of any property line or within ten
(10) feet of any building, combustible fence or other structure, tree or shrub. (Ord. 2007-2;
6/11/07)

Sec. 8-19. Penalty

Any violation of this Division is considered a misdemeanor and shall be punished by a fine of not less than
One Hundred ($100.00) dollars for each violation thereof. (Ord. 2006-11; 10/23/06)

Sec. 8-20. - 8-26. Reserved. (Ord. 2004-5; 05/10/04)

Sec. 8-27. Adopted

The International Fire Code, 2015 Edition, in the same form as currently adopted by Winnebago County,
is hereby adopted by the Village and incorporated by reference, as though set forth fully in this Chapter, along
with any Codes and amendments approved in the future and adopted by Winnebago County. A copy of any
Codes adopted in this Section by reference shall be on file in the office of the Village Clerk.

If any parts of the International Fire Code, as adopted, are found to be in conflict with the Village’s Code
of Ordinances, the provisions in the Village’s code of Ordinances shall control to the extent of such conflict.

This Ordinance shall be in full effect from all after its passage, approval and publication as required by
law.
Charter reference - Adoption of fire prevention code by reference, Ill. Rev. Stat. Ch. 34, 1-3-1 et seq.

Sec. 8-28. Enforcement

The fire prevention code adopted by this division shall be enforced by the fire chief of the fire protection
district in which the property affected is located.

Sec. 8-29. Municipality Defined

Wherever the word municipality is used in the fire prevention code adopted by this division, it shall be
held to mean the Village of Durand.

Sec. 8-30. Modifications

The fire chief shall have the power to modify any of the provisions of the fire prevention code hereby
adopted by this division upon application in writing by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of
the code shall be observed, public safety secured, and substantial justice done. The particulars of such
modification when granted or allowed and the decision of the chief of the fire department thereon shall be
entered upon the records of the department and a signed copy shall be furnished the applicant.

Sec. 8-31. Appeals

Whenever the fire chief shall disapprove an application or refuse to grant a permit applied for, or when it
is claimed that the provisions of the fire prevention code adopted by this division do not apply or that the true
intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from
the decision of the fire chief to the President and Board of trustees within thirty (30) days from the date of the
decision appealed.

Sec. 8-32. Violations, Penalties

A. Any person who shall violate any of the provisions of the fire prevention code adopted by this division
or fail to comply therewith, or who shall violate or fail to comply with any order made there under, or
who shall build in violation of any detailed statement of specifications or plans submitted and
approved there under, or any certificate or permit issued there under, and from which no appeal has
been taken, or who shall fail to comply with such an order as affirmed or modified by the President
and Board of trustees or by a court of competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncompliance respectively, be guilty of an offense
punishable in accordance with section 1 -8. The imposition of one penalty for any violation shall not
excuse the violation or permit it to continue; and all such persons shall be required to correct or
remedy such violations or defects within a reasonable time; and when not otherwise specified, each
ten (10) days that prohibited conditions are maintained shall constitute a separate offense.

B. The application of the above penalty shall not be held to prevent the enforcement removal of
prohibited conditions.

1Cross references - Fire limits established, 7 -4; following and parking near fire apparatus, 11 -168; crossing
fire hose prohibited, 11-52.

State law reference - Fire safety regulations generally, Ill. Rev. Stat. Ch. 24, 11-8-1