[HISTORY: Adopted by the Board of Supervisors of the Township
of Towamencin as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-27-1993 by Ord. No. 93-08]
The Township Treasurer or such official's designee is hereby
appointed as the designated officer who is authorized to carry out
all responsibilities and duties stated herein.
No insurance company, association or exchange (hereinafter the
"insuring agent") doing business in the Commonwealth of Pennsylvania
shall pay a claim of a named insured for fire damage to a structure
located within the Township of Towamencin (hereinafter the "municipality")
where the amount recoverable for the fire loss to the structure under
all policies exceeds $5,000, unless the insuring agent is furnished
by the designated officer with a municipal certificate pursuant to
Section 508(B) of Act 98 of 1992[1] and unless there is compliance with Section 508(C) and
(D) of Act 98 of 1992[2] and the provisions of this article.
A.Â
Where pursuant to Section 508(B)(1)(I) of Act 98 of 1992[1] the designated officer issues a certificate indicating
that there are no delinquent taxes, assessments, penalties or user
charges against real property, the insuring agent shall pay the claim
of the named insured; provided, however, that if the loss agreed upon
by the named insured and the insuring agent equals or exceeds 60%
of the aggregate limits of liability on all fire policies covering
the building restructure, the following procedures must be followed:
(1)Â
The insuring agent shall transfer from the insurance proceeds to
the designated officer in the aggregate of $1,000 for each $20,000
of a claim and for each fraction of that amount of a claim, this subsection
to be applied such that if the claim is $20,000 or less, the amount
transferred to the municipality shall be $1,000; or
(2)Â
If at the time of a proof of loss agreed to between the named insured
and the insuring agent the named insured has submitted a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, the insuring agent shall transfer to
the municipality from the insurance proceeds the amount specified
in the estimate.
(3)Â
The transfer of proceeds shall be on pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
(4)Â
After the transfer, the named insured may submit a contractor's
signed estimate of the costs of removing, repairing or securing the
building or other structure, and the designated officer shall return
the amount of the funds transferred to the municipality in excess
of the estimate to the named insured, if the municipality has not
commenced to remove, repair or secure the building or other structure.
(5)Â
Upon receipt of proceeds under this section, the municipality shall
do the following:
(a)Â
The designated officer shall place the proceeds in a separate
fund to be used solely as security against the total costs of removing,
repairing or securing the building or structure which are incurred
by the municipality. Such costs shall include without limitation,
any engineering, legal or administrative costs incurred by the municipality
in connection with such removal, repair or securing of the building
or any proceedings related thereto.
(b)Â
It is the obligation of the insuring agent when transferring
the proceeds to provide the municipality with the name and address
of the named insured. Upon receipt of the transferred funds and the
name and address of the named insured, the designated officer shall
contact the named insured, certify that the proceeds have been received
by the municipality and notify the named insured that the procedures
under this subsection shall be followed.
(c)Â
When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the municipality and the required proof of such completion
received by the designated officer and if the municipality has not
incurred any costs for repairs, removal or securing, the fund shall
be returned to the named insured. If the municipality 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 municipality shall transfer the remaining funds to the named insured.
(d)Â
To the extent that interest is earned on proceeds held by the
municipality pursuant to this subsection and not returned to the named
insured, such interest shall belong to the municipality. To the extent
that proceeds are returned to the named insured, interest earned on
such proceeds shall be distributed to the named insured at the time
that the proceeds are returned.
[1]
Editor's Note: See 40 P.S. § 638.
B.Â
Nothing in this section shall be construed to limit the ability of
the municipality to recover any deficiency. Furthermore, nothing in
this section shall be construed to prohibit the municipality and the
named insured from entering into an agreement that permits the transfer
of funds to the named insured or some other reasonable disposition
of the damaged property has been negotiated.
The Board of Supervisors may by resolution adopt procedures
and regulations to implement Act 98 of 1992[1] and this article and may by resolution fix reasonable
fees to be charged for municipal activities or services provided pursuant
to Act 98 of 1992 and this article, including but not limited to issuance
of certificates and bills, performance of inspections and opening
separate fund accounts.
[1]
Editor's Note: See 40 P.S. § 638.
Any owner of property, any named insured or any insuring agent
who violates this article shall be subject to a penalty of up to $1,000
per violation.
[Adopted 10-12-2016 by Ord. No. 16-14]
Towamencin Township has recognized and designated the Towamencin
Volunteer Fire Company as its designated fire service provider for
the Township of Towamencin.
A.Â
Towamencin Township hereby authorizes Towamencin Volunteer Fire Company
of Towamencin, Pennsylvania, to recover the reasonable cost of emergency
rescue tools, equipment, and materials; hazardous materials abatement
tools, equipment, and materials; and incurred third-party expenses
arising from environmental incidents, firefighting incidents, safety
and rescue incidents, and vehicular accidents.
B.Â
The reasonable costs described herein may be recovered directly by
the said Fire Company or through a third-party billing service as
an authorized agent for the recovery of such costs.
C.Â
The Fire Company or third-party billing service shall have authority
to recover the aforementioned costs only from the applicable insurance
company or carrier.
D.Â
The reimbursement rates for the aforementioned tools, equipment,
and materials shall be set by the Fire Company from time to time and
shall only be applied to the recovery of costs arising out of incidents
occurring after the setting of the applicable rates. A current schedule
of rates shall be maintained by the Fire Company and on file with
Towamencin Township.
E.Â
In addition to the aforementioned costs, the Fire Company or third-party
billing service is authorized to collect reasonable interest and a
reasonable administrative fee, and any and all other fees and costs
as may be authorized by the Hazardous Material and Emergency Planning
and Response Act, or any other applicable statute.
The Township shall not be responsible for any aspect of the
recovery of costs under this article. The Township shall not take
any steps to assist the Fire Company or any third-party billing service
in recovery of costs under this article.