[HISTORY: Adopted by the Council of the Borough
of Lititz 7-29-2008 by Ord. No. C-489, approved 7-29-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 38.
A.
Residences and commercial and industrial establishments
located within the Borough are entitled to clean air and environmental
conditions free of unreasonable dust, obnoxious odors and smoke, as
well as an environment free from the storage and use of combustible
fuels in adjacent or exposed exterior areas within densely populated
areas.
B.
Research conducted by the United States Environmental
Protection Agency (EPA), including a project summary dated February
1998 and titled "Emissions from Outdoor Wood-Burning Residential Hot
Water Furnaces" suggests that such devices cause air emission problems
that can impact residents, neighbors, business owners, workers and
visitors. In addition, according to the Pennsylvania Department of
Environmental Protection (DEP), these devices produce a large amount
of smoke and this smoke can cause health problems for humans.
C.
This chapter is intended to promote the public health,
safety and welfare and to safeguard the health, safety and welfare
of the citizens of the Borough of Lititz pursuant to the authority
vested in the Borough under Section 46202(6) of the Borough Code,
53 P.S. § 46202(6), among other applicable laws by regulating
a source of air pollution arising from the use of hydronic heaters,
as hereinafter defined.
As used in this chapter, the following terms
shall have the meanings indicated:
A fuel-burning device that:
Is designed to burn wood or other manufacturer-approved
solid fuels;
The manufacturer specifies for outdoor installation
and use or installation in structures not normally occupied by humans
(e.g., garages), or to heat structures that have an approved Lititz
Borough use and occupancy permit; and
Heats building space and/or water via the distribution,
typically through pipes, of a fluid heated in the device, typically
water or a water/antifreeze mixture.
The installation and/or use of hydronic heaters
is hereby prohibited within the Borough of Lititz.
This chapter shall require the removal of any
hydronic heaters in use within the Borough within 60 days of the effective
date of this chapter.[1]
[1]
Editor's Note: This chapter became effective
five days after its adoption.
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300 and, in default of payment of
said fine, to imprisonment for a term not to exceed 30 days. Every
day that a violation of this chapter continues shall constitute a
separate offense.