25 Pa. Code § 401.1

Current through Register Vol. 54, No.43, October 26, 2024

Section 401.1 - Definitions

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.

25 Pa. Code § 401.1

The provisions of this §401.1 adopted December 10, 1971, effective 1/1/1972, 1 Pa.B. 2288; amended May 3, 1974, effective 5/4/1974, 4 Pa.B. 880; amended December 21, 1979, effective 12/22/1979, 9 Pa.B. 4163; amended August 6, 1993, effective 8/7/1993, 23 Pa.B. 3687; amended April 29, 2005, effective 4/30/2005, 35 Pa.B. 2628; amended December 11, 2009, effective 12/12/2009, 39 Pa.B. 6953.

The provisions of this §401.1 amended under section 19 of the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).