The background of this chapter and the legislative intention of the
Borough Council in enacting it are as follows:
A. The Borough of Carlisle is a municipal corporation organized
under the Pennsylvania Borough Code.
B. As such, it is a municipality as defined in the Act of
May 17, 1921, P.L. 682, No. 284, known as the Insurance Company Law of 1921,
added July 9, 1992, P.L. 678. No. 98, as amended October 13, 1994, P.L. 609,
No. 93, 40 P.S. § 638 (herein, the "Act").
C. The Borough Council intends to insure the payment of
delinquent taxes, assessments, penalties and user charges out of the payment
by insurers of fire loss claims involving structures and buildings within
the Borough of Carlisle.
D. The Borough Council desires to insure the payment of
costs incurred by the Borough in the removal, repair or securing of buildings
or structures damaged by fire out of fire loss claims paid by insurers for
structures and buildings within the Borough of Carlisle.
E. It is the purpose of this chapter to deter the commission
of arson and related crimes, to discourage the abandonment of property and
to prevent the urban blight and deterioration.
F. The Borough Council has determined that it is in the
best interest of its citizens that the economic consequences of fire damage
to buildings and structures in the Borough not be borne by it, nor be paid
out of its financial resources.
In the interpretation and construction of this chapter, the following
definitions shall control:
ASSOCIATION
Individuals, partnerships or associations of individuals, authorized
to engage in the business of insurance in the Commonwealth of Pennsylvania
as insurers on the Lloyd's Plan.
BUILDING
Any enclosed or open structure.
COMPANY
Incorporated insurance companies and corporations possessing the
power to insure owners of real property, mortgages and others interested in
real property from loss, whether incorporated under the laws of this Commonwealth
or of any other state, territory or district or under the laws of any foreign
country.
EXCHANGE
Individuals, partnerships and corporations authorized by the laws
of the Commonwealth of Pennsylvania to exchange with each other interinsurance
or reciprocal insurance contracts.
FIRE LOSS CLAIM
Any claim arising out of fire damage to a building or structure situated
in the Borough of Carlisle where the amount recoverable for the fire loss,
under all applicable coverages, exceeds $7,500.
INSURER
Any person, association, company, exchange, foreign stock company,
mutual company or other entity authorized by the Commonwealth of Pennsylvania
to provide fire and marine insurance in the Borough of Carlisle.
STRUCTURE
Any man-made object having an ascertainable stationary location on
or in land or water, whether or not affixed to the land. Without limitation
of the foregoing, this term shall include concrete sidewalks, concrete slabs,
concrete curbs, parking lots and other paved areas.