Pennsylvania Act 1891-3 — STEAM BOILERS, INSURANCE POLICIES COVERING

Act text

STEAM BOILERS, INSURANCE POLICIES COVERING
                   Act of Mar. 11, 1891, P.L. 5, No. 3                Cl. 40
                                  AN ACT

     To regulate the issue of policies of insurance and certificates
        of inspection, made by steam boiler insurance companies, in
        all cities of the first class.

        Section 1.  Authority to inspect and insure boilers
        Whenever any steam boiler insurance company shall have
     complied with the laws of this State relative to insurance
     companies, it shall be authorized to inspect and insure boilers
     in all cities of the first class upon the following terms and
     conditions, and no others, namely. 1891, March 11, P.L. 5, Sec.
     1.
        Section 2.  Interest in manufacture of steam boilers;
     inspectors to be sworn
        Neither such insurance company nor its executive officers
     shall, directly or indirectly, be interested in the manufacture
     or sale of steam boilers or of any of the appliances connected
     with steam engines and boilers; they shall employ skillful and
     competent persons for the inspection of steam boilers, who,
     before entering upon their duties, shall be duly sworn or
     affirmed that they will not accept, for the performance of their
     duties, any money, gift, gratuity or consideration whatsoever,
     from any person or persons, other than the insurance company
     which employs them, and that they will not, directly or
     indirectly, be interested in the manufacture or sale of steam
     boilers, or of any of the appliances connected with steam
     engines and boilers.
        No policy of insurance shall be for a longer period than
     three years, and no insurance shall be effected until the boiler
     shall have been inspected and tested, and its inspection, test,
     condition, attachments and indicators shall have been found to
     conform in all respects to the provisions of the existing city
     ordinance for the inspection of steam engines and boilers, and
     such ordinance or ordinances as may hereafter be enacted, and
     the details of such inspection, test, attachments and indicators
     shall have been furnished the city inspector in the form
     hereinafter provided for.
        No policy of insurance issued by such insurance company shall
     be valid unless the premium upon such policy, including fee paid
     to city inspector as hereinafter provided for, shall be equal to
     or exceed in amount one and one-half times the charges
     prescribed by the city ordinance for the inspection of steam
     boilers; nor shall such policy be cancelled or modified, so that
     the premium shall be less than the amount herein provided for,
     without notifying the city inspector thereof immediately, in
     writing, with the reasons therefor.
        Whenever such insurance company shall have inspected a boiler
     or boilers as hereinbefore provided for and shall have issued a
     policy of insurance thereupon, it shall be the duty of such
     company at the same time to issue a certificate of inspection,
     which shall set forth that the inspection, tests, attachments
     and indicators have been found to be in accordance with the
     requirements of the city ordinances. Such certificate shall also
     state the number of pounds pressure to which the boilers have
     been subjected in testing, together with the amount of pressure
     the user is authorized to carry within the same, in accordance
     with the provisions of the city ordinance in that case provided.
     It shall further state that said boiler or boilers so inspected
     have been insured in said company, and that the holder of the
     certificate is required to maintain it in a conspicuous place
     near the boiler or boilers to which it refers.
        If, for any cause, such insurance company shall cancel a
     policy of insurance, issued in accordance with the provisions of
     this act, or shall so modify the same that the premium shall be
     less than the amount hereinbefore provided for, such
     cancellation or modifications shall render the certificate of
     inspection previously given invalid, and notice of such
     cancellation shall be communicated to the city inspector
     immediately.
        It shall be the duty of the inspector of steam engines and
     boilers, in and for all cities of the first class, to furnish
     all steam boiler insurance companies, such as aforesaid, or
     their authorized agents with printed forms properly prepared,
     with appropriate headings, for the reception of the details of
     inspection, such as are furnished to his own assistants, and in
     addition thereto, a form of certificate setting forth that the
     premium upon the policy of insurance to be issued in connection
     with the certificate of inspection equals or exceeds the amount
     provided for in article third of section two of this act, and
     when these forms are returned to him properly filled up with the
     certificate duly signed, he shall record the same as provided
     for in the city ordinance; and the inspector of steam engines
     and boilers aforesaid is hereby authorized and required to affix
     his signature and official seal to the certificate of inspection
     of such insurance companies: Provided, The details of inspection
     as aforesaid shall show that the requirements of the city
     ordinances relative to boiler inspections have been fully
     complied with, and that all the provisions of this act relating
     to the duties of such insurance companies have been fulfilled.
     The inspector of steam engines and boilers in and for all cities
     of the first class shall receive for such approval one dollar
     for each boiler, which shall be paid into the city treasury, but
     said approval shall not be in effect for a longer period than
     one year from the date thereof.  Any person or persons
     possessing such certificate of inspection duly approved as
     hereinbefore provided for, the same not having been rendered
     invalid as provided for in this act, shall be deemed to possess
     the certificate of the inspector of steam engines and boilers
     for the purpose of the act of the assembly and the ordinance of
     the city to carry same into effect: Provided, That nothing in
     this act shall affect the duty of the inspector to withhold or
     withdraw such certificate, whenever he may deem the engineer
     incompetent or unreliable, as provided for in the city
     ordinance, or whenever he may consider the boiler or boilers
     unsafe.
        When the inspector aforesaid shall withhold or withdraw a
     certificate of inspection, by reason of the incompetence or
     unreliability of the engineer, as provided for in this act and
     in the city ordinance for the inspection of steam boilers, or
     whenever he may consider the boiler or boilers unsafe, he shall
     give to the user of the boiler or boilers, and the insurance
     company issuing the policy thereon, written notice of the same,
     which notice shall contain a statement of the reasons for such
     action; this statement to be made, as aforesaid, shall be
     equivalent to the removal of the certificate, and in case the
     said boiler or boilers are insured, the withdrawal of the
     certificate, as provided for, shall render the policy of
     insurance upon all boilers to which said certificate had
     reference, void and of no effect: Provided, That nothing herein
     contained shall affect any policy of insurance now in force
     until its expiration, which shall not exceed three years from
     the date thereof, except for violation of article seventh,
     section two.  1891, March 11, P.L. 5, Sec. 2.
        Section 3.  Violation of act a misdemeanor
        If any inspector of an insurance company, herein provided
     for, shall aid in procuring an insurance of any stationary steam
     engine or boiler which does not comply with the conditions, or
     stand the test provided for in the ordinance of all cities of
     the first class, relative to boiler inspection, or which is not
     provided with the attachments and indicators required by said
     ordinance, or by such ordinance or ordinances as may hereafter
     be enacted, or shall knowingly permit an insurance to continue
     upon any stationary steam engine or boiler in said city, not
     furnished as aforesaid, he shall be deemed guilty of a
     misdemeanor, and, upon conviction in the court of quarter
     sessions for the said county, shall, for each offense, be
     sentenced to pay a fine not exceeding five thousand dollars, and
     to undergo imprisonment in the jail of said county, either with
     or without labor, as the court may direct, for a term not
     exceeding two years: Provided, That nothing in this act shall be
     construed as relieving any boiler insurance and inspection
     company from the payment of any fees due to the city treasurer
     for the boilers insured prior to the passage of this act; should
     insurance be effected on any boiler or boilers, the owner or
     user of which possesses a certificate of the city inspector to
     the amount of fee paid to the city treasurer by such insurance
     company shall bear such portion to the stipulated fee as the
     unexpired portion of the certificates bears to one year.  1891,
     march 11, p.l. 5, sec. 3.