Des Plaines's Fire Regulations: The Rules That Matter

Every city handles fire regulations a little differently. In Des Plaines, Illinois, there are 7 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.

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.

Brush Clearance

Des Plaines does not have a wildfire-driven brush clearance ordinance like western states. Property owners must keep vegetation maintained under the City's weeds and nuisance code (Title 4), with grass and weeds limited to 8 inches and dead trees and brush abated as a public nuisance. Riverfront properties have additional buffer rules.

Key details: Grass/Weed Limit: 8 inches. Wildfire Risk: Minimal (urban suburb). Tree Permits: Required for parkway trees. Fine Range: $50–$500. Contact: (847) 391-5380 Code Enforcement.

Weeds-and-grass violations carry fines of $50 to $500 per occurrence, plus the cost of City abatement (typically $200 to $750 per cutting) added to the property tax bill. Failure to remove dead or hazardous trees can trigger emergency-removal cost recovery.

Des Plaines is more permissive than most cities when it comes to brush clearance. That said, there are still limits.

Smoke Detectors

Des Plaines enforces the Illinois Smoke Detector Act (425 ILCS 60/), as amended in 2023, which requires 10-year sealed-battery smoke alarms in all single-family and multi-family dwellings. Alarms must be installed inside each sleeping area, outside each sleeping area, and on every floor including the basement.

Key details: Authority: 425 ILCS 60/ (IL Smoke Detector Act). New Installs: 10-year sealed battery required. Locations: Inside & outside sleeping areas + each floor. CO Alarms: 430 ILCS 135/ within 15 ft of bedrooms. Fine Range: $100–$500.

Lack of required smoke alarms is a code violation with fines of $100 to $500 per occurrence. Landlords face additional penalties for non-compliant rental units, and rental inspections will fail if alarms are missing or non-compliant.

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.

Wildfire Zones

Des Plaines is not located in any wildfire hazard zone. As a fully developed Chicago suburb in Cook County, the City has no wildland-urban interface designation, no state-mapped fire hazard severity zones, and no defensible-space requirements. Standard structural fire prevention applies.

Key details: Wildfire Zone: None designated. WUI Status: Not WUI. Fire Code: International Fire Code. Risk Areas: River/Forest Preserve edges. Contact: (847) 391-5333 Fire Dept.

There are no wildfire-zone-specific violations. Standard fire code violations for weeds, debris, or storage that creates a fire hazard carry administrative fines of $100 to $500.

If you are coming from a city with tighter rules, you will find Des Plaines gives residents more flexibility on wildfire zones.

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.

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.

Fire Pit Rules

Des Plaines City Code 5-2-5 bans open burning of garbage, refuse, and yard waste but carves out an exception for noncommercial cooking and for UL-listed, approved outdoor wood-burning fireplaces or fire pits. State rule 35 Ill. Adm. Code 237.120 separately permits small recreational fires as long as no garbage is burned.

Key details: Code Section: Des Plaines City Code 5-2-5. Allowed device: UL-listed/approved outdoor fireplace or fire pit. Prohibited fuel: Garbage, refuse, leaves, yard waste. State rule: 35 Ill. Adm. Code 237.120 (no garbage).

Burning prohibited materials, or using a non-listed device, is a city code violation enforced by Des Plaines Code Enforcement and the Fire Department; municipal ordinance violations are generally punishable by fine under the City Code general penalty. A fire that produces smoke pollution can additionally violate the Illinois Environmental Protection Act (415 ILCS 5/9).

The Bottom Line

Des Plaines is tougher than many cities when it comes to fire regulations. Out of the 7 rules covered here, 3 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.