LATEST NEWS

Waukegan tweaks open burning law to regulate fire pits, fireplaces

Dan Moran

Looking to strike a balance between small-scale bonfires on private property and the health needs of residents with respiratory challenges, Waukegan officials tweaked local ordinances on open burning this week to allow the use of outdoor fire pits and fireplaces.

Before the City Council voted Monday to amend its regulations on "burning waste within corporate limits," violators were subject to fines between $50 and $500. With that in mind, Waukegan Fire Marshall Michael Scholle told the council's Judiciary Committee that clarity was needed to differentiate between the recreational pastime of a backyard fire pit and the burning of things like yard waste.

"We've had (language) that was very vague — it said trash, leaves, construction debris," Scholle said, adding that the old standards didn't necessarily cover "if you were cooking over an open fire" or other recreational activities.

"Those kinds of things made it confusing for our engine officers (or) police officers that were going out to enforce this," Scholle added. "So what we did was we came up with a more concise package, so that they can go out and say, 'You're burning trash. That has to be put out.'"

A key element, Scholle said, is that even the burning of firewood in approved equipment can be shut down if it causes "problems for your neighbors — if they have breathing problems, if they have asthma, if they have a doctor's note, or if they just say it's causing them problems."

Under the updated language of the ordinance, fire or police officials can order the extinguishment of any fire that "creates or adds to a hazardous or objectionable situation."

The revised ordinance moves away from a former general statement against the burning of solid waste in favor of language against "the open burning of leaves, brush, trimmings from trees or bushes, paper, garbage, refuse, waste, or other combustible material on any property, public or private."

The new measure goes on to permit "certain open burning" in outdoor fireplaces and fire pits, but only charcoal, natural or propane gas, commercial fire logs, or dry or seasoned firewood are allowed to be burned. The measure also makes it clear that cooking of food on grills using charcoal or gas is not considered to be open burning.

Fireplaces and fire pits cannot be set up less than five feet from a property line, and they must also be placed on a noncombustible surface, which officials pointed out would not include wood decks. Persons operating the fire must be 18 or older, and they must keep "a readily available means" of extinguishing the fire nearby and put the fire completely out prior to leaving it unsupervised.

Regarding neighbors, the amendments state that fire officials can "prohibit any type of burning that becomes a nuisance based on complaints of irritation of eyes or breathing of others, when the atmospheric conditions or local conditions make such fires hazardous, or when a documented medical condition of a resident affected by the burning is made apparent" to public safety officials.

Also covered under the updated regulations are the setting of fires for training purposes by fire department personnel; the burning of diseased trees by authorized city employees; and the staging of sanctioned events like the large-scale homecoming bonfire that is hosted every autumn by Waukegan High School. In the latter case, a permit must be issued for the event by the fire department.

danmoran@tribpub.com