Township of East Whiteland, PA
Chester County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 90.
[Adopted 9-10-2008 by Ord. No. 210-2008]

§ 107-1 Certificate and compliance required.

No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within East Whiteland Township under the terms of Section 508(a) of the Insurance Company Law of 1921, as amended, 40 P.S. § 638(a), unless the insurance company, association or exchange is furnished with a certificate pursuant to § 107-2 of this article and unless there is compliance with the procedures set forth in §§ 107-3 and 107-4 of this article.

§ 107-2 Fire loss certificate.

A. 
The Township Treasurer shall, upon written request of the named insured specifying the tax description of the property, the name and address of the insurance company, association or exchange and the date agreed upon by the insurance company, association or exchange and the named insured as the date of the receipt of a loss report of the claim, and the payment of a certification fee in the amount as set from time to time by resolution of the Board of Supervisors to cover the administrative expense of processing the request and copying, furnish the insurance company, association or exchange either of the following within 14 working days of the request:
(1) 
A certificate or, at the discretion of the Township, a verbal notification which shall be confirmed in writing by the insurer to the effect that, as of the date specified in the request, there are no delinquent taxes, assessments, penalties or user charges against the property and that, as of the date of the Treasurer's certificate or verbal notification, the Township has not certified any amount as total costs incurred by the Township for the removal, repair or securing of a building or other structure on the property; or
(2) 
A certificate and bill showing the amount of delinquent taxes, assessments, penalties or user charges against the property as of the date specified in the request that have not been paid as of the date of the certificate and also showing as of the date of the Treasurer's certificate the amount of the total costs, if any, certified to the Treasurer or his/her designee that have been incurred by the Township for the removal, repair or securing of a building or other structure on the property. For the purposes of this subsection, the Township shall certify to the Treasurer the total amount, if any, of such costs. For the purposes of this article, a tax, assessment, penalty or user charge becomes delinquent at the time and on the date a lien could otherwise have been filed against the property by the Township under applicable law or ordinance.
B. 
Upon receipt of a certificate pursuant to Subsection A(1) of this section, the insurance company, association or exchange shall pay the claim of the named insured in accordance with the policy terms, unless the loss agreed to between the named insured and the company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure. In the case of such a loss, the insurance company, association or exchange, the insured property owner and the Township shall follow the procedures as set forth in §§ 107-3 and 107-4 of this article.
C. 
Upon receipt of a certificate and bill pursuant to Subsection A(2) of this section, the insurance company, association or exchange shall return the bill to the Treasurer and transfer to the Treasurer an amount from the insurance proceeds necessary to pay the taxes, assessments, penalties, charges and costs shown on the bill. In the case of a loss subject to §§ 107-3 and 107-4 of this article, the insurance company, association or exchange shall transfer to the Treasurer the amount from the insurance proceeds shown on the bill separately from the amounts transferred under § 107-3 of this article. The Township shall receive the amount and apply or credit it to payment of the items shown in the bill,

§ 107-3 Establishment of municipal escrow; disbursement.

A. 
When the loss agreed to between the named insured and the insurance company, association or exchange equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or other structure, the insurance company, association or exchange shall transfer from the insurance proceeds to the Township Manager or his/her designee the amounts required by and in accordance with the procedures set forth in 40 P.S. § 638(e).
B. 
Policy proceeds remaining after the transfer to the Township shall be disbursed in accordance with the policy terms. The named insured may submit a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure after the transfer, and the Township Manager or his/her designee shall return the amount of the fund in excess of the estimate to the named insured if the Township has not commenced to remove, repair or secure the building or other structure.
C. 
The Township Manager or his/her designee shall carry out the duties of this section.

§ 107-4 Procedure for disposition of escrow fund.

A. 
Upon receipt of the proceeds by the Township as authorized by § 107-3, the Township Manager or his/her designee shall place the proceeds in a separate fund to be used solely as security against the total cost of removing, repairing or securing incurred by the Township.
B. 
When transferring the funds as required in § 107-3 an insurance company, association or exchange shall provide the Township with the name and address of the named insured, whereupon the Township shall contact the named insured, certify that the proceeds have been received by the Township and notify the named insured that the procedures under this section shall be followed.
C. 
The fund shall be returned to the named insured when repair, removal or securing of the building or other structure has been completed and the required proof received by the Township Manager or his/her designee if the Township has not incurred any costs for the repair, removal or securing. If the Township has incurred costs for repairs, removal or securing of the building or other structure, the costs shall be paid from the fund, and if excess funds remain, the Township shall transfer the remaining funds to the named insured.
D. 
Nothing in this article shall be construed to limit the ability of the Township to recover any deficiency.
E. 
Further, nothing in this section shall be construed to prohibit the Township and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.

§ 107-5 Costs.

The total costs incurred by the Township for the removal, repair or securing of a building or other structure under this article shall include, but not be limited to, all administrative, personnel and overhead costs incurred by the Township in accordance with generally accepting accounting procedures.

§ 107-6 Filing of copies.

Upon the enactment of this article, the Township Secretary shall file an exact copy of the article with the Department of Community and Economic Development, together with the name, position and phone number of the municipal official responsible for compliance with Section 508 of the Insurance Company Law of 1921, as amended.[1]
[1]
Editor's Note: See 40 P.S. § 638.