TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.5 PURPOSE
Section 1565.5 Purpose
The purpose of this Part is to provide procedures for
prescribed burning, including, but not limited to, obtaining a prescribed burn
manager certification, revocation of prescribed burn manager certification and
preparing a prescribed burn prescription pursuant to the requirements of the
Illinois Prescribed Burning Act [525 ILCS 37].
 | TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.10 DEFINITIONS
Section 1565.10 Definitions
"Act" means the Illinois
Prescribed Burning Act [525 ILCS 37].
"Apprentice Prescribed Burn
Manager" is a person at a prescribed burn that has successfully completed
the training classes described under Section 1565.20(b)(1), participated in
prescribed burns as described in Section 1565.20(b)(2), has been accepted by a certified
prescribed burn manager as the apprentice prescribed burn manager for the
prescribed burn, and is assuming the functions of a certified prescribed burn manager
during the prescribed burn under the direct supervision of a certified prescribed
burn manager as a training requirement pursuant to Section 1565.20(b)(3).
"Burn Personnel" means
any paid person or volunteer involved in conducting prescribed burning under
the Act.
"Burn Prescription"
means a written plan for conducting a prescribed burn.
"Central Dispatching Agency"
is an agency that provides dispatching services for a number of emergency
agencies (fire, law enforcement or ambulance) in a defined geographic area.
"Certificate" is a
written certificate and number issued by the Department identifying a person as
a certified prescribed burn manager and is considered a license subject to
revocation proceedings described in Subpart C of 17 Ill. Adm. Code 2530 (Revocation
Procedures for Conservation Offenses).
"Certified Prescribed Burn
Manager" is an individual who conducts the activities described in Section
1565.20(a), and successfully completes an approved training program and
receives proper certification as described in Section 1565.20(b) through (f).
"Department" means the
Illinois Department of Natural Resources.
"Director" means the Director
of the Department.
"Escaped Fire" means any
fire that goes beyond the area described in the burn prescription and requires
outside resources to contain or that burns onto adjoining landowner's land not
included in the burn prescription.
"Incident Commander", "Incident
Command Authority" and "Unified Command" are terms defined by
the National Inter-agency Incident Management System (NIIMS) and are used in
this Part to describe the person or persons directly responsible for control
and suppression of a prescribed burn or an escaped fire resulting from a
prescribed burn.
"Landowner" includes the
owner, owning agency or other legal entity owning a parcel of land where a
prescribed burn is executed or is proposed to be executed, their designated
agent or land manager.
"NIIMS" means the
National Inter-agency Incident Management System administered by the Federal
Emergency Management Agency (FEMA).
"Prescribed Burn Manager
Certification Board" or "Board" is a Board of six
representatives whose job responsibilities include natural areas stewardship,
wildlife habitat management or forest management and who have experience with
prescribed burn management or incident command. The Board shall be made up of four
representatives designated by the Director (including one representative who is
not employed by the State of Illinois), one representative designated by the
Illinois Nature Preserves Commission and one representative designated by the
Office of the State Fire Marshal.
"Prescribed Burn Report"
is the written report and evaluation of a prescribed burn, including the
information required in Section 1565.60(c) that is prepared and signed by the certified
prescribed burn manager after a prescribed burn is completed.
"Prescribed Burning" is
the planned application of fire to naturally occurring vegetative fuels, under
specified environmental conditions and following appropriate precautionary
measures, that causes the fire to be confined to a predetermined area and accomplishes
the planned land management objectives.
(Source: Amended at 36 Ill.
Reg. 14415, effective September 5, 2012)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.20 CERTIFIED PRESCRIBED BURN MANAGER
Section 1565.20 Certified Prescribed Burn Manager
a) A certified prescribed
burn manager performs the following activities:
1) writes and/or approves
burn prescriptions as described in Section 1565.30;
2) serves
as the direct supervisor of the burn personnel at the scene of a prescribed
burn and is responsible for implementing a burn prescription as described in
Section 1565.40; and
3) supervises
and trains an apprentice prescribed burn manager as described in Section 1565.20(c).
b) To
become a certified prescribed burn manager, a person must complete the
following requirements and have a valid Illinois Certified Prescribed Burn
Manager Certificate issued by the Department pursuant to Section 1565.70.
1) Successfully
complete:
A) the
following National Wildfire Coordinating Group Wildland Fire Training Courses
or equivalents:
i) Basic
Incident Command System (I-100);
ii) Fire
Fighter Training (S-130); and
iii) Wildland
Fire Behavior (S-190); or
B) a
specialized Illinois Prescribed Burning Manager Course that incorporates
pertinent information in the courses listed in subsection (b)(1)(A), along with
information on prescribed burning in Illinois that has been approved by the
Board;
2) Participate
in five prescribed burns that will be documented on a form provided by the
Department and known as the Certified Prescribed Burn Manager Application;
3) Successfully
complete two prescribed burns as an apprentice prescribed burn manager under
the supervision of a certified prescribed burn manager;
4) Submit
the following to the Illinois Department of Natural Resources, Attention:
Prescribed Burn Manager Certification, One Natural Resources Way, Springfield
IL 62702-1271:
A) A
Certified Prescribed Burn Manager Application (the "Application"
described in (b)(2) above);
B) A $50
fee (State of Illinois employees are exempt from the fee); and
C) Copies
of all course certificates and relevant prescribed burn prescriptions, training
and burn logs, signed Prescribed Fire Burn Manager Apprentice Task Book, and
prescribed burn report forms or an affidavit described in Section 1565.20(d)
for the burns required in Section 1565.20(b)(3) documenting the experience and
apprenticeship.
c) To
become an apprentice, a person must apply to the Department in writing and be
accepted by a certified prescribed burn manager who will agree to supervise the
training in conducting the burn. An apprentice prescribed burn manager shall
assume the functions of a certified prescribed burn manager during a burn under
the direct supervision of a certified prescribed burn manager. An apprentice
shall sign the prescribed burn report as the "apprentice prescribed burn manager"
and note his or her experience on the Application. The certified prescribed burn
manager supervising the apprentice shall also provide an evaluation of the
performance of the apprentice and certify the successful completion of the burn
by the apprentice on the Prescribed Fire Burn Manager Apprentice Task Book.
d) Prior
to December 31, 2015, persons who have submitted an affidavit along with their
Application attesting to their participation in at least seven burns, including
at least five at which they have served as the prescribed burn manager prior to
November 1, 2009, shall be considered to have completed the apprenticeship and
experience requirements.
e) Persons
who hold certifications from other states whose training meets or exceeds the
requirements of this Part can receive an Illinois Certified Prescribed Burn
Manager Certificate by submitting an Application, proof of certification in
another state and the $50 fee to: Illinois Department of Natural Resources,
Attention: Prescribed Burn Manager Certification, One Natural Resources Way,
Springfield IL 62702-1271.
f) Persons
who have received the certification as a Prescribed Fire Burn Boss Type 1 or
Type 2, known as RXB1 or RXB2 respectively, under the NIIMS Wildland Fire
Qualification System, can receive an Illinois Certified Prescribed Burn Manager
Certificate by submitting an Application, proof of the RXB1 or RXB2
certification and the $50 fee to: Illinois Department of Natural Resources,
Attention: Prescribed Burn Manager Certification, One Natural Resources Way, Springfield
IL 62702-1271.
(Source: Amended at 42 Ill.
Reg. 13241, effective June 22, 2018)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.30 BURN PRESCRIPTIONS
Section 1565.30 Burn Prescriptions
The burn prescription shall include the following
information:
a) a site name or other
designation for the prescribed burn area;
b) location
of the prescribed burn, including county, civil township, township range and
section, and a map showing the location of the burn, firebreaks, hazards,
staging area and other features specific to the execution of the burn;
c) the
name, address and phone number of the owner or manager of the land where the
burn is to take place;
d) the time frame when the
prescribed burn is to take place;
e) the purpose and
objectives for the prescribed burn;
f) a
description of the area to be burned, including, but not necessarily limited
to, size in acres, fuel type, topography, known presence of endangered or
threatened species, and presence of peat or high organic soils and mitigation
measures to prevent or control ignition of those soils;
g) the range
of acceptable pre-ignition weather factors, including, but not limited to, air
temperature, relative humidity, wind direction and wind velocity;
h) the minimum number of
burn personnel required;
i) an outline of smoke
sensitive areas and smoke mitigation methods;
j) the equipment required,
other than standard hand tools;
k) a communication plan and
equipment for the prescribed burn;
l) a method of fire line
construction;
m) copies of required
permits;
n) plans for making
notifications as described in Section 1565.40;
o) contingency plans for escaped fires, including water sources, rendezvous location for
fire departments and paramedics, other fire fighting resources available,
vulnerable infrastructure, escape routes and safety zones;
p) emergency
contact information, including, at a minimum, the closest intersection, fire,
paramedic and police emergency and non-emergency dispatch contact information;
q) name,
certificate number and contact information for the certified prescribed burn
manager approving the burn prescription;
r) a
signature of a certified prescribed burn manager approving the burn
prescription and the date of the signature; and
s) the
signature of a landowner approving the use of prescribed burning on the
property. Approvals of prescribed burning would also be considered valid if
prescribed burning is included on another land management plan or other
document approved in writing by the landowner.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.40 NOTIFICATIONS AND PERMITS
Section 1565.40 Notifications and Permits
a) The certified
prescribed burn manager shall make a reasonable attempt to notify all adjoining
landowners and occupants of the approximate time and date of the burn, using a
method that is reasonably assured to provide notice before the planned
prescribed burn. The method of notification to adjacent landowners shall be
documented on the prescribed burn report. Any one of the following are
considered reasonable attempts of notification and shall be considered in
compliance with Section 15(5) of the Act and this Section; however, this list
should not be construed to be the only acceptable ways to make this
notification:
1) posting the property to
be burned;
2) contacting
or attempting to contact the adjoining landowner by phone, in person, delivery
of a brochure or written notice to a residence or via mail or email; or
3) publication
of the intent and range of dates and approximate time in a newspaper published
in the area of the burn.
b) The certified
prescribed burn manager shall notify, on the day of the burn, the local fire
departments, county dispatcher, 911 dispatcher or other emergency dispatcher
who has jurisdiction over the area including the prescribed burn. If a local
agency is dispatched through a central dispatching agency, the prescribed burn
manager will be considered in compliance with Section 15(4) of the Act and this
Section if he or she has notified the central dispatching agency.
c) The
certified prescribed burn manager shall insure that all local, State and
federal permits that are needed are obtained before a prescribed burn is
conducted. This may include, but is not limited to, an open burning permit
from the Illinois EPA pursuant to 35 Ill. Adm. Code 237.201.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.50 CONDUCTING PRESCRIBED BURNS
Section 1565.50 Conducting Prescribed Burns
a) In
order to ensure the safety of personnel and the public, a certified prescribed burn
manager shall be present at the scene of all prescribed burns except where the
landowner is conducting prescribed burning on his or her own lands or on the
lands of another with the landowner's permission as authorized by Illinois law.
b) The certified
prescribed burn manager shall obtain guidance from the National Weather Service
(NWS) in identifying Fire Weather Watch and Red Flag Warning conditions
available through the regional NWS offices of the National Oceanic and
Atmospheric Agency. The determination by NWS of Fire Weather Watch and Red Flag
Warning conditions for a designated area will require that the certified prescribed
burn manager and other personnel exercise elevated caution during those conditions.
c) The certified
prescribed burn manager is responsible for reviewing and implementing the burn
prescription, reviewing it with the burn personnel and the timely completion of
the prescribed burn report. The certified prescribed burn manager shall discuss
emergency procedures and plans with burn personnel and modify procedures and
contingency plans if necessary.
d) In
the case of an escaped fire, the certified prescribed burn manager or his or
her designee shall assess burn personnel status, contact outside agencies if
necessary, and share information (e.g., aerial photos, burn prescription,
resources available and access routes) with other agencies at the scene. A
certified prescribed burn manager shall serve as Incident Commander and remain
in command until command is transferred to another qualified person. The certified
prescribed burn manager may serve in a Unified Command or relinquish Incident
Command authority to other firefighting authorities at his or her discretion.
e) When
a person is conducting prescribed burning on his or her own lands or on lands
of another with the landowner's permission, the person shall have a written
burn prescription, make the notifications described in Section 1565.40, and
conduct the burn as described in Section 1565.50(b) and (c).
f) Where
applicable, persons shall follow guidance from the Illinois EPA concerning Illinois' Smoke Management Plan (SMP), including avoiding prescribed burns on "Air
Pollution Action Days" as defined in the SMP or in consultation with the
Illinois EPA.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.60 RECORDS AND REPORTING
Section 1565.60 Records and Reporting
a) After each prescribed burn, a prescribed burn report shall be completed by the certified
prescribed burn manager for the burn, or his or her designee, and provided to
the landowner upon request and to any apprentice. The certified prescribed burn
manager or his or her employer shall maintain a file of all prescribed burn
prescriptions and prescribed burn reports for completed burns for a period of
not less than five years after the completion of a burn. This file shall be
made available to the Department upon request.
b) A prescribed burn report
shall include:
1) a copy of the
prescribed burn prescription;
2) a map
showing the area actually burned, control lines, wind direction, fire mosaic
and other features specific to the execution of the burn;
3) the
date and time the prescribed burn took place, including ignition time, time of
significant events and final mop up time;
4) an
evaluation of the burn, including a discussion of meeting burn objectives,
changes or deviations from the prescribed burn prescription, injuries or damage
to property if any, any emergency actions taken and other significant events;
5) an
evaluation of the performance of any apprentice prescribed burn manager that
served on the burn;
6) the pre-ignition
weather factors and any other weather observations collected to verify
conditions were within the burn prescription;
7) the number of burn
personnel involved;
8) documentation of all
notifications and permits obtained;
9) information
on any fire, paramedic and police emergency agencies that were requested and
arrived on scene;
10) name,
certificate number and contact information for the certified prescribed burn
manager; and
11) a
dated signature of the certified prescribed burn manager and any apprentice prescribed
burn manager serving at the burn.
c) If
there are any injuries that require professional medical attention or damage to
public or private property in excess of $500, or if the prescribed burn becomes
an escaped fire, the certified prescribed burn manager shall supply a copy of
the prescribed burn report to the landowner, responding emergency agencies and,
within 45 days after completion of the prescribed fire, to the Illinois
Department of Natural Resources, Attention: Prescribed Fire Reports, One
Natural Resources Way, Springfield IL 62702-1271.
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.70 ADMINISTRATION OF ACT
Section 1565.70 Administration of Act
a) Upon
receipt of a completed Certified Prescribed Burn Manager Application, the
required documentation of coursework, apprenticeship and experience described
in Section 1565.20 and a fee of $50, the Department shall issue an Illinois
Certified Prescribed Burn Manager Certificate within 45 days or notify the
applicant in writing of the reason the certificate was denied. Applicants who
have been denied a certificate may re-apply after correcting any deficiencies
in their original Application. Persons employed by the State of Illinois shall be exempt from the $50 fee.
b) Denial of a certificate
may be appealed pursuant to 17 Ill. Adm. Code 2530.
c) Any
fees collected under this Part shall be deposited into the Forestry Development
Fund.
d) An
Illinois Certified Prescribed Burn Manager Certificate may be revoked pursuant
to the procedures described in 17 Ill. Adm. Code 2530 for serious and or
continuing violations of the Act or this Part, falsification or
misrepresentation on the Certified Prescribed Burn Manager Application or
supporting documents, or a pattern of negligence in performing the duties of a certified
prescribed burn manager.
e) An
organization or individual may petition the Department to approve coursework
and training programs as an Illinois Prescribed Burn Manager Course by
submitting to the Board a course syllabus, length of course and trainer
qualifications demonstrating that the course meets the standards described in
Section 1565.20(a)(1). The Board may require the submitter to provide additional
information necessary to evaluate the program. The Board shall make a
recommendation to the Director to approve or not approve the submitted program
as an Illinois Prescribed Burn Manager Course.
f) Periodically,
but not less than annually, the Board shall meet to review prescribed burn
reports submitted under this Part, review requirements of prescribed burn
certification in other states and make a recommendation to the Director on
whether other states' certification programs meet or exceed requirements in
this Part to receive an Illinois Certified Prescribed Burn Manager Certificate;
review this Part and make recommendations to the Director for any needed
changes; and prepare reports on prescribed burning at the request of the
Director.
g) The
Board may conduct its meetings via conference call or other electronic means
provided all participants are in locations open to the public that have been
published in compliance with the Illinois Open Meetings Act [5 ILCS 120].
h) A
quorum of the Board shall be defined as four members.
(Source: Amended at 36 Ill.
Reg. 14415, effective September 5, 2012)
Section 1565.EXHIBIT A Certified Prescribed Burn Manager Application (Repealed)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER d: FORESTRY
PART 1565
ILLINOIS PRESCRIBED BURNING ACT
SECTION 1565.EXHIBIT A CERTIFIED PRESCRIBED BURN MANAGER APPLICATION (REPEALED)
Section 1565.EXHIBIT A Certified Prescribed Burn
Manager Application (Repealed)
(Source: Repealed at 42 Ill. Reg. 13241,
effective June 22, 2018)
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