[Ord. 94-3, 3/1/1994, § 1]
A certain document, three copies of which are on file in the office of the Secretary of the Township of Valley, Chester County, Pennsylvania, being marked and designated as the "BOCA National Fire Prevention Code, Ninth Edition, 1993," as published by the Building Officials and Code Administrators International, Inc., is hereby adopted as the Fire Prevention Code of the Township of Valley, Chester County, Pennsylvania; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Fire Prevention Code are hereby referred to, adopted and made a part hereof, as if fully set out in this Part with the additions, insertions, deletions and changes, if any, prescribed in § 5-302 of this Part.
[Ord. 94-3, 3/1/1994, § 3; as amended by Ord. 94-10, 5/17/1994, § 1; by Ord. 97-2, 3/18/1997, § 5; and by Ord. 99-5, 11/3/1999]
1.
The BOCA National Fire Prevention Code is amended and changed in
the following respects:
A.
Section F-101.1. Insert: "Township of Valley, Chester County, Pennsylvania."
B.
Section F-112.3, "Penalty for Violations," is amended to read:
§ 112.3. Penalty. Any person who shall violate a provision
of this Part or shall fail to comply with any of the requirements
thereof or who shall erect, construct, alter or repair mechanical
equipment or systems in violation of the approved construction documents
or directive of the code official, or of a permit or certificate issued
under the provision of this Part, shall be guilty of a summary offense
and subject to a fine not to exceed $1,000, together with all court
costs and reasonable attorney's fees incurred by the Township
in such enforcement proceeding, and may further be punished by imprisonment
to the extent allowed by law for the punishment of summary offenses.
C.
Section F-113.0. Delete.
[Ord. 94-3, 3/1/1994, § 4]
The limits referred to in Section F-3003.2 of the BOCA National
Fire Prevention Code in which the storage of explosives, ammunition
and basting agents is prohibited are hereby established as follows:
"The storage of explosives and blasting agents within 500 feet of
a residential building or district is prohibited."
[Ord. 94-3, 3/1/1994, § 5]
Nothing in this Part or in the Fire Prevention Code hereby adopted
shall be construed to affect any suit or proceeding pending in any
court, or any rights acquired, or liability incurred, or any cause
or causes of action acquired or existing, under any act or ordinance
hereby repealed; nor shall any just or legal right or remedy of any
character be lost, impaired or affected by this Part.
[Ord. 96-8, 10/15/1996, § 1]
1.
When a fire loss results in damage to a property $7,500 or more,
the Treasurer shall, upon the written request of the named insured
specifying the tax description of the property, name and address of
the insurance company, association or exchange and the named insured
as the date of the receipt of a proof of loss report of the claim,
furnish the insurance company, association or exchange either of the
following within 14 working days of the request:
A.
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 Treasurer's certificate or verbal notification,
no municipality has certified any amount as total costs incurred by
the municipality for the removal, repair or securing of a building
or other structure on the property.
B.
A certificate and bill showing the amount of delinquent taxes, assessments,
penalties and 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
that have been incurred by a municipality 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. 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.
[Ord. 96-8, 10/15/1996, § 1]
1.
When the loss agreed to between a named insured and the insurance
company, association or exchange equals or exceeds 60% of the aggregate
limits of liability on all fire policies covering a building or other
structure, the insurance company, association or exchange shall transfer
from the insurance proceeds to the Township Treasurer in the aggregate
of $2,000 for each $15,000 and each fraction of that amount of a claim.
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 Treasurer shall retain
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.
2.
Upon receipt of proceeds by the Township by this section, the designated officer 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. When transferring the funds as required in this § 5-311, Subsection 1B, 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 subsection shall be followed. The fund shall be returned to the named insured when repairs, removal or securing of the building or other structure have been completed and the required proof received by the designated officer if the Township has not incurred any costs for repairs, 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. Nothing in this section shall be construed to limit the ability of a municipality to recover any deficiency. Further, nothing in this subsection 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.
