The Borough, through provisions of this article,
hereby incorporates the provisions of § 638 of the Insurance
Company Law, 40 P.S. § 638, as amended, which provides the
Borough with the authority to require security in the form of insurance
proceeds from an insurance company, association or exchange (hereinafter
the “insuring agent”), doing business in Pennsylvania,
for the removal, repair and securing of fire damaged buildings and
other structures subject to fire loss claims.
The Borough Manager, or such official’s
designee, shall be the designated officer authorized to carry out
all responsibilities and duties stated herein. Any reference to “Borough
Manager” or “Manager” shall be defined to include
the Manager and/or the Manager’s official designee.
No insuring agent shall pay a claim of a named
insured for fire damage to a structure located within the Borough
where the amount recoverable for the fire loss to the structure under
all policies exceeds $7,500 unless the insuring agent is furnished
with a municipal certificate from the Borough Manager pursuant to
§ 638(b) of the Insurance Company Law, as amended, and unless
there is compliance with the provisions of this article.
The Borough Council may by resolution adopt
procedures and regulations to implement § 638 of the Insurance
Company Law, as amended, and this article, and may by resolution fix
reasonable fees to be charged for municipal activities or services
provided pursuant to § 638 of the Insurance Company Law,
as amended, and this article, including, but not limited to, issuance
of certificates and bills, performance of inspections and opening
separate fund accounts.