GENERAL PROVISIONS
§ 401.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ActThe act of August 23, 1961 (P. L. 1068, No. 484) (52. P. S. § § 32013226).
AgentEmployees of the Department who work on behalf of the Board.
AssociationOne 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.
BoardThe Coal and Clay Mine Subsidence Insurance Board.
CommissionsPayment to insurance producers as compensation for the applications they submit to the Board.
Common elementsAll portions of a condominium or cooperative other than the units.
CondominiumReal 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).
CooperativeReal 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).
FundThe Coal and Clay Mine Subsidence Insurance Fund established by the act.
Insurance policyAn insurance certificate, an insuring agreement, and application for mine subsidence insurance and endorsements to the insurance policy.
Insurance producerA person that sells, solicits or negotiates contracts of insurance.
Mine subsidenceThe movement of the grounds surface as a result of the collapse of underground coal or clay mine workings.
Mine workingsThe roof, floor or pillars within an underground coal or clay mine.
Owner of structureA 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.
StructureA 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 buildings 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.
Authority 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).
Source The provisions of this § 401.1 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4163; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687; amended April 29, 2005, effective April 30, 2005, 35 Pa.B. 2628; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953. Immediately preceding text appears at serial page (311158).
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