Open Burning in Wapello County Currently Prohibited

OTTUMWA-The State Fire Marshal of Iowa has put in place a ban on open burning in Wapello County at this time.  The ban will officially begin at 4PM on Wednesday, February 22, 2017.  In a proclamation sent from the State Fire Marshal’s Office, he explains that the ban came after Wapello County Sheriff Mark Miller requested it be looked at closer.

 

A burning ban does not prohibit the use of outdoor fireplaces and barbecue grills for cooking purposes.  Supervised controlled burns are allowed under the ban only by special permit issued by the Fire Chief.

 

The official proclamation reads as follows:

 

“ON FEBRUARY 22, 2017,  THE OFFICE OF THE STATE FIRE MARSHAL RECEIVED A REQUEST PURSUANT TO IOWA CODE 100.40(1) (1995) FROM MARK MILLER,  REPRESENTING EACH FIRE DEPARTMENT HAVING ALL OR PART OF THEIR FIRE DISTRICT WITHIN WAPELLO COUNTY, THAT THE STATE FIRE MARSHAL PROHIBIT OPEN BURNING IN WAPELLO COUNTY.  UPON INVESTIGATION THE FIRE MARSHAL FINDS THAT CONDITIONS IN WAPELLO 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 WAPELLO COUNTY, EFFECTIVE February 22, 2017  AT 4:00 P.M.EXCEPT AS SPECIFICALLY PERMITTED BY IOWA CODE 100.40(3) UNTIL SUCH TIME AS MARK MILLER, REPRESENTING EACH FIRE DEPARTMENT HAVING ALL OR PART OF THEIR FIRE DISTRICT WITHIN  WAPELLO 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 100.40(2) ANY VIOLATION OF THIS PROCLAMATION ORDER IS A SIMPLE MISDEMEANOR.

 

Jeffrey L Quigle

STATE FIRE MARSHAL”

 

“IOWA CODE SECTION 100.40

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.

 

  1. Violation of a prohibition issued under this section is a simple misdemeanor.

 

  1. 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.”