[Ord. 497, 4/18/2007, § I]
1.
The Manor Volunteer Fire Department, in conjunction with adjacent
fire, ambulance, rescue, emergency and hazardous response organizations,
and in conjunction with adjacent municipalities, the County of Westmoreland,
Commonwealth of Pennsylvania, and the United States of America, through
their agencies which are authorized and directed to undertake fire,
emergency, rescue, disaster, accident, hazardous and other requests
for services, are hereby authorized to determine the manner, method
and order of providing services and responses for such situations,
in conjunction with the aforementioned entities, within the Borough
of Manor.
2.
The Manor Volunteer Fire Department is hereby authorized to respond
to requests for assistance outside the Borough of Manor in the manner,
method and order as determined by, between and among adjacent municipalities,
the County of Westmoreland, Commonwealth of Pennsylvania and the United
States of America, through their agencies, and in conjunction with
adjacent fire, ambulance, rescue, emergency and hazardous response
organizations, in order to respond to fire, emergency, rescue, disaster,
accidents, hazardous and other requests, in those instances where
mutual aide agreements exist by, between and among any or all of the
aforementioned companies, departments, municipalities, agencies or
governments and/or to the extent authorized by law.
[Ord. 497, 4/18/2007, § II]
1.
The Manor Volunteer Fire Department is hereby directed to develop
a schedule of fees which reflect the costs and expenses incurred by
said Department in performing various functions in response to fire,
emergency, rescue, disaster, accidents, hazardous and other incidents.
2.
The Council of the Borough of Manor shall, upon receipt of said schedule,
review, approve and adopt, by resolution, a schedule of fees or charges
for said costs and expenses.
3.
Upon approval of such schedule of fees and charges by the Council
of the Borough of Manor, the Manor Volunteer Fire Department is authorized
to recover such fees and charges from the party or parties to or for
whom services were rendered.
4.
Upon approval of such schedule of fees and charges by the Council
of the Borough of Manor, the Manor Volunteer Fire Department is authorized,
in the collection of said fees and charges, to enter into contracts
with any appropriate person, corporation or other entity for collection
of such fees and charges.
[Ord. 497, 4/18/2007, § III]
1.
The Manor Volunteer Fire Department is hereby authorized to use any
and all fees and charges collected, pursuant to this part and any
and all resolutions adopted pursuant hereto, for the proper use of
each Fire Department.
[Ord. 497, 4/18/2007, § IV]
1.
No insurance company, association or exchange doing business in the
Commonwealth of Pennsylvania shall pay a claim of an insured for fire
or similar damage to a structure located within the Borough of Manor,
where the amount recoverable for such loss under all policies exceeds
$7,500, unless the insured or insuring agent is furnished by the Borough's
Treasurer with a certificate, issued pursuant to 40 P.S. § 638(b);
and, until and unless there is full compliance with 40 P.S. § 638(b)
and the provisions of this part.
2.
Upon the issuance by the Borough Treasurer of a proper certificate
pursuant to the above Act indicating that there are no delinquent
taxes, assessments, penalties or user charges against the real property,
then the insuring agent shall pay the claim of the insured; provided,
however, that if it is agreed between the insured and the insuring
agent that the loss equals or exceeds 60% of the aggregate limits
of liability of all policies of insurance covering the building restructure,
then the following procedures shall be followed:
A.
The insuring agent shall transfer from the insurance proceeds to
the designated officer of the Borough in the aggregate of $2,000 for
each $15,000 of a claim and for each fraction of that amount of a
claim. This section is to be applied such that if the claim is $15,000
or less, the amount transferred to the Borough shall be $2,000.
B.
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 Borough from the insurance proceeds the amount specified in the
estimate.
C.
The transfer of proceeds shall be on a pro rata basis by all companies,
associations or exchanges insuring the building or other structure.
D.
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 Borough in excess of the
estimate to the named insured, if the Borough has not commenced to
remove, repair or secure the building or other structure.
E.
Upon receipt of proceeds under this section, the Borough shall do
the following:
(1)
The designated officer shall place the proceeds in the 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 Borough. Such costs shall include, without limitation, any
engineering, legal or administrative costs incurred by the Borough
in connection with such removal, repair or securing of the building
or any proceedings related thereto.
(2)
It is the obligation of the insuring agent when transferring
the proceeds to provide the Borough 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 Borough and notify the named insured that the procedures under
this section shall be followed.
(3)
When repairs, removal or securing of the building or other structure
have been completed in accordance with all applicable regulations
and orders of the Borough and the required proof of such completion
received by the designated officer, and if the Borough has not incurred
any costs for repairs, removal or securing, the fund shall be returned
to the named insured. If the Borough has incurred costs for repairs,
removal or securing of the building or other structure, the cost shall
be paid from the fund and if excess funds remain, the Borough shall
transfer the remaining funds to the named insured.
(4)
To the extent that interest is earned on proceeds held by the
Borough pursuant to this section, and not returned to the named insured,
such interest shall belong to the Borough. 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.
F.
Nothing in this section shall be construed to limit the ability of
the Borough to recover any deficiency. Furthermore, nothing in this
section shall be construed to prohibit the Borough 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.
[Ord. 497, 4/18/2007, § V]
The Council of the Borough of Manor may, by resolution and from
time to time, adopt procedures, rules and regulations to implement
40 P.S. § 638 and the provisions of this part; and may,
by any such resolution, fix reasonable fees, costs, expenses and charges
to be made or placed upon anyone requesting services from the Borough
for the activities, certificates, bills, performance, inspections
or separate fund accounts required by 40 P.S. § 638.
[Ord. 497, 4/18/2007, § VI; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
together with reasonable attorney fees and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this part continues or each section
of this part which shall be found to have been violated shall constitute
a separate offense.
