Fire Regulations in Des Plaines, IL

Every city handles fire regulations a little differently. In Des Plaines, Illinois, there are 3 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Outdoor Burning

Open burning of garbage, refuse, and landscape waste is prohibited in Des Plaines. The city sits in Cook County, where Illinois rule 35 Ill. Adm. Code 237.120 removes the landscape-waste burning exemption (counties over 400,000 population, within 40 air miles of Chicago), and City Code 5-2-5 separately bans burning trash, leaves, and combustible matter.

Key details: State rule: 35 Ill. Adm. Code 237.120(c). County trigger: Prohibited in counties over 400,000 (Cook). City Section: Des Plaines City Code 5-2-5. Alternative: City leaf and branch collection.

Open burning of prohibited materials violates City Code 5-2-5 (city fine) and constitutes air pollution under the Illinois Environmental Protection Act, 415 ILCS 5/9, which the Illinois EPA may enforce with civil penalties. Local ordinances may impose independent permitting and are not overridden by state law.

Compared to other cities, Des Plaines takes a harder line on outdoor burning. The enforcement and penalty structure reflects that.

Fire Pits & Backyard Fires

Backyard recreational fires are permitted in Des Plaines so long as no garbage or yard waste is burned and any device is UL-listed. State rule 35 Ill. Adm. Code 237.120 exempts campfire, recreational, and cooking fires 'provided that no garbage shall be burned,' and City Code 5-2-5 allows noncommercial cooking and approved fire pits.

Key details: State exemption: 35 Ill. Adm. Code 237.120 (recreational fires). Core rule: No garbage or yard waste may be burned. City Section: Des Plaines City Code 5-2-5. Device standard: UL-listed/approved fire pit or fireplace.

Burning garbage or yard waste at a backyard fire violates City Code 5-2-5 and 35 Ill. Adm. Code 237.120, exposing the resident to municipal fines and possible Illinois EPA air-pollution penalties under 415 ILCS 5/9. The Fire Department may order an unlawful or unsafe fire extinguished.

Fireworks

Consumer and display fireworks are illegal to possess, sell, or discharge in Des Plaines under the Illinois Pyrotechnic Use Act (425 ILCS 35). Only state-exempted novelties such as sparklers, snakes, and smoke devices may be used; aerial and explosive consumer fireworks are banned without a state display permit.

Key details: Controlling law: Pyrotechnic Use Act, 425 ILCS 35/2. Definition: 425 ILCS 35/1 (consumer fireworks). Legal items: Sparklers, snakes, smoke devices, party poppers. Enforcer: Office of the Illinois State Fire Marshal.

A violation of the Pyrotechnic Use Act is generally a misdemeanor; possession or use of illegal consumer/display fireworks is prosecutable under 425 ILCS 35 and local ordinance, with seizure of the fireworks. Public fireworks shows require a state display permit and a licensed pyrotechnic operator.

This is one of the stricter rules in Des Plaines's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Des Plaines is tougher than many cities when it comes to fire regulations. Out of the 3 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Des Plaines, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Des Plaines's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.