Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part III - Coal and Clay Mine Subsidence Insurance Board › Chapter 401 - MINE SUBSIDENCE FUND › GENERAL PROVISIONS › Section 401.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates otherwise:
Act
-The act of August 23, 1961 (P. L.
					 1068, No. 484) (52. P. S. §§ 3201-3226).
Agent
-Employees of the Department who work
					 on behalf of the Board.
Association
-One of the following:
(i) The unit owners' association organized
				  under
				  68 Pa.C.S. §
											3301
				  (relating to organization of unit owners' association) for
				  condominiums.
(ii) The proprietary
				  lessees' association organized under
				  68 Pa.C.S. §
											4301
				  (relating to organization of association) for cooperatives.
Board
-The Coal and Clay Mine Subsidence
					 Insurance Board.
Commissions
-Payment to insurance producers
					 as compensation for the applications they submit to the Board.
Common elements
-All portions of a
					 condominium or cooperative other than the units.
Condominium
-Real estate, portions of which
					 are designated for separate ownership and the remainder of which is designated
					 for common ownership solely by the owners of those portions. Real estate is not
					 a condominium unless the undivided interests in the common elements are vested
					 in the unit owners. Ownership of the real estate is in accordance with 68
					 Pa.C.S., Subpart B (relating to Uniform Condominium Act).
Cooperative
-Real estate owned by an
					 association, each of whose members is entitled, by virtue of an ownership
					 interest in the association, to exclusive possession of a unit. Ownership of
					 the real estate is in accordance with 68 Pa.C.S., Subpart C (relating to Real
					 Estate Cooperative Act).
Fund
-The Coal and Clay Mine Subsidence
					 Insurance Fund established by the act.
Insurance policy
-An insurance certificate,
					 an insuring agreement, and application for mine subsidence insurance and
					 endorsements to the insurance policy.
Insurance producer
-A person that sells,
					 solicits or negotiates contracts of insurance.
Mine subsidence
-The movement of the
					 ground's surface as a result of the collapse of underground coal or clay mine
					 workings.
Mine workings
-The roof, floor or pillars
					 within an underground coal or clay mine.
Owner of structure
-A person, corporation,
					 organization or association holding title to a structure within the anthracite
					 or bituminous coal or clay mine region as defined by the Board.
Structure
-A complete building, which
					 contains a roof, walls and a foundation that firmly attaches the building to
					 the earth, and its appurtenances as defined in the insurance policy.
Units-
(i) Specific areas of a building that are
				  separate and distinct from other areas of the building, having an individual
				  entrance accessing either a common entry or the building's exterior.
(ii) For the purposes of the definition of
				  "common elements" and §
										401.11(b)(2)
				  (relating to eligibility for insurance), the following apply:
(A) Units in a condominium are portions of
				  the condominium designated for separate ownership, the boundaries of which are
				  described in the condominium declaration.
(B) Units in a cooperative are physical
				  portions of the cooperative designated for separate occupancy under a
				  proprietary lease.