In 2007 the state of Illinois passed a law, Public Act 95-0108, that established some requirements related to conducting prescribed fires. Some of the key points included in the legislation include:

• A “certified burn manager” must be on site.
• A written prescription for the project must be approved by a “certified burn manager”.

Prescribed fire is a serious business and needs to be conducted by highly skilled and experienced professionals. But this is the first we have heard of a state passing a law requiring that a person be certified as a “burn manager” under specific requirements written by the state. Are there other states with similar laws?

After the law was passed in 2007 the state’s Department of Natural Resources established the requirements to become certified. They include:

• Training: Basic ICS, basic wildland firefighter training (S-130, S-190), and a “specialized Illinois Prescribed Burning Manager Course”.
• Participate in five burns.
• Complete two burns as an apprentice prescribed burn manager.
• Submit a written application with a $50 fee.

These are very minimal training requirements.

And, there is this:

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.

There is also a grandfather clause that makes it easier for someone to become certified that has been conducting prescribed fires for a while.

I wonder if federal employees conducting burns on federal lands will have to apply and pay the $50 fee.

Below are the key sections of the law that was passed in 2007:

…

Section 10. Definitions. As used in this Act:
(a) “Prescribed burning” means the planned application of
fire to naturally occurring vegetative fuels under specified
environmental conditions and following appropriate
precautionary measures, which causes the fire to be confined to
a predetermined area and accomplish the planned land management
objectives.
(b) “Certified prescribed burn manager” means an
individual who successfully completes an approved training
program and receives proper certification.
(c) “Prescription” means a written plan for conducting a
prescribed burn.
(d) “Department” means the Illinois Department of Natural
Resources.

Section 15. Requirements; liability.
(a) Before conducting a prescribed burn under this Act, a
person shall:

(1) obtain the written consent of the landowner;
(2) have a written prescription approved by a certified
prescribed burn manager;
(3) have at least one certified prescribed burn manager
present on site with a copy of the prescription while the
burn is being conducted;
(4) notify the local fire department, county
dispatcher, 911 dispatcher, or other designated emergency
dispatcher on the day of the prescribed burn; and
(5) make a reasonable attempt to notify all adjoining
property owners and occupants of the date and time of the
prescribed burn.

(b) The property owner and any person conducting a
prescribed burn under this Act shall be liable for any actual
damage or injury caused by the fire or resulting smoke upon
proof of negligence.
(c) Any prescribed burning conducted under this Act:

(1) is declared to be in the public interest;
(2) does not constitute a public or private nuisance
when conducted in compliance with Section 9 of the
Environmental Protection Act and all other State statutes
and rules applicable to prescribed burning; and
(3) is a property right of the property owner if
naturally occurring vegetative fuels are used.

Section 20. Rules. The Department, in consultation with the
Office of the State Fire Marshall, shall promulgate rules to
implement this Act, including but not limited to, rules
governing prescribed burn manager certification and revocation
and rules governing prescribed burn prescriptions.

Section 25. Exemption. Nothing in this Act shall be
construed as:

(1) requiring certification as a prescribed burn manager to
conduct prescribed burning on one’s own property or on the
lands of another with the landowner’s permission; Section 15(b)
shall not apply to prescribed burns conducted under the
exemption in this item (1);
(2) affecting any obligations or liability under the
Environmental Protection Act or any rules adopted thereunder,
or under any federal laws or rules that apply to prescribed
burning; or
(3) superseding any local burning law.