[HISTORY: Adopted by the Board of Supervisors of the Township of East Whiteland 6-11-2025 by Ord. No. 372-2025. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended:
CALLS FOR SERVICE
The total number of calls to the Chester County 911 Center, law enforcement, emergency medical services and/or the Fire Department resulting in a request for police, emergency medical services and/or Fire Department representative to be dispatched or directed to the property when those responses: result in a representative being dispatched or directed to the property; allege evidence of criminal activity; result in an arrest, charge or citation; or find an imminent threat to safety of persons or property. Calls for service shall include calls related to threats or incidents of domestic violence. Calls for service shall not include calls to law enforcement made by employees or agents of the hotel property itself.
CALLS-FOR-SERVICE RATIO
The number of calls for service divided by the number of rooms.
FIRE CODE
International Fire Code as adopted and amended by the Commonwealth of Pennsylvania and the Township of East Whiteland as referenced in Chapter 90, Fire Prevention.
HOTEL, MOTEL, or INN
A building or group of buildings containing a specified number of guest rooms especially designed for the temporary lodging of guests. Such establishments shall furnish to the occupants customary services, such as housekeeping service and the furnishing and laundering of linens. Restaurants, fitness centers, conference rooms, and minor office uses for individual guests may be included as an accessory use to the hotel, motel, or inn. Such facilities are not intended to serve as a primary, permanent or semi-permanent residence, dwelling, or dwelling unit. Stays in such facilities shall be limited to 30 days or fewer.
TRANSIENT
Occupancy of a guest room for not more than 30 days.
The purpose of this chapter is to ensure the general health, safety and welfare of patrons and guests at hotels, motels and inns within the Township, Township residents, and other persons and property within the Township.
A. 
No person shall operate a hotel, motel or inn within the Township without first obtaining an annual license.
B. 
Applications for licenses shall be made to the Township Fire Marshal's Office on forms provided by Township.
C. 
If the applicant or licensee is not the owner of the property and premises, the applicant shall provide the Township with written consent and authorization from the owner(s) for the applicant to operate the hotel, motel or inn on the premises and to apply for the necessary permits.
D. 
Except as otherwise provided by § 102-7 of this chapter, and provided that the application is complete, the Township Fire Marshal and/or designee shall issue a new license, or grant the renewal of a license.
E. 
A license shall expire on the one-year anniversary of the date of its issuance. The holder of such license shall apply to the Township for a renewal license at least 30 days' prior to the expiration date of the license and arrange for such annual inspection prior to the expiration date of the license.
F. 
The annual license fee is $25 plus $5 per room up to a maximum of $500 and shall cover the initial inspection. The minimum annual license fee shall not be less than $150. Should a third reinspection be required, the fee shall be $150. The annual license fee set forth in the Township fee schedule may be amended from time to time by the East Whiteland Township Board of Supervisors. The Township may enforce payment by any lawful means including, but not limited to, a civil suit, an order to show cause, a lien assessed against the property and by denying or suspending a license as provided in this chapter.
G. 
The license shall be posted in a visible location on site.
H. 
The foregoing notwithstanding, any hotel, motel or inn lawfully operating on the effective date of this chapter shall have 60 days from the effective date to file an application for a license under this chapter.
A. 
License application inspection. Upon the filing of a completed license application form with the Township Fire Marshal and/or designee, whether initial or renewal, the proposed accommodations and structure shall be inspected by the Township Fire Marshal and/or designee for compliance with the requirements of Township ordinances and applicable commonwealth laws.
B. 
Additional inspections. The Township may conduct additional inspections for one or more of the following reasons:
(1) 
For the purpose of auditing compliance with conditions on a license.
(2) 
For the purpose of reinspection to ensure the correction of any violations.
(3) 
Upon receipt of a complaint of noncompliance with the requirements of this chapter.
(4) 
Whenever reasonable cause exists to believe that the structure, premises or property unsafe, dangerous or hazardous.
C. 
Inspection of multiple guest rooms. For properties having more than 50 guest rooms, a minimum of 10% of the guest rooms contained in those properties may be inspected. The guest rooms to be inspected may be randomly selected by the Township Fire Marshal and/or designee. The number of guest rooms inspected will not change the $5-per-room fee set forth in § 102-3F.
D. 
Entry for inspection. Township Fire Marshal and/or designee are authorized to enter the premises and structures at reasonable times to inspect or perform the duties imposed by this chapter. If requested, the Township Fire Marshal and/or designee shall present credentials. During such inspection, Township Fire Marshal and/or designee may be accompanied by other Township staff and/or professional consultants engaged by the Township. If entry is refused, the Township Fire Marshal and/or designee shall have recourse to the remedies provided by law to secure entry. Nothing herein is intended nor shall be construed to limit the authority or ability of the Township Fire Marshal and/or designee to seek entry and exercise its authority under other applicable law.
E. 
Inspection reports. If there are any violations noted on an inspection, the applicant or licensee or the applicant's or licensee's legal agent shall be given written notice of the results. The notice of the inspection results shall be given to the owner and/or occupant via email and/or by first-class mail at the most recent address provided to the Township.
The following rules, regulations and conditions shall be required by each applicant or licensee for operational compliance for all hotels, motels, or inns within East Whiteland Township:
A. 
Exits. All interior hallways shall have at least two separate emergency exits on each story and be clearly marked with illuminated exit signs and emergency lighting, both interior and exterior, as required by applicable federal, state, or local regulations and ordinances pertaining thereto.
B. 
Condition of premises; inspections. All premises shall be kept in a clean condition and in good repair. All bed sheets, pillowslips, towels and washcloths shall be replaced by clean items before any new guest occupies a room previously occupied by another. Management shall have a housekeeping log on-site for review.
C. 
Registration. The management of each hotel, motel or inn shall keep a register of all guests, lodgers, or occupants; and shall inscribe their names upon procuring lodging, a room or accommodations.
D. 
Management person to be on duty. Every applicant or licensee shall, at all times during which the premises accommodate guests, lodgers or occupants, maintain on duty a responsible management person. Such management representative shall be an individual capable of assisting, cooperating, and communicating with the police, emergency management services, Code Enforcement Officer, Fire Marshal or other law enforcement officials in maintaining the public health, welfare and safety.
E. 
Access for law enforcement persons. All information required to be procured and kept pursuant to § 102-5C of this chapter shall be provided to any federal, state, or local sworn law enforcement officer having the lawful power to arrest, upon demand of the officer and a representation by said officer that a reasonable suspicion exists that such information is relevant to a then-pending inquiry or investigation. Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy than the officer shall otherwise possess as a matter of common law, probable cause, constitutional law, statutory right, or warrant.
F. 
Telephone required. Every applicant or licensee of any hotel, motel or inn shall keep and maintain in each and every guest room a telephone equipped for outgoing calls, and which telephone will allow any person therein to place a direct call to 911, the Township Police Department or the Township Fire Department. The existence of a minor dialing requirement, such as dialing 9 to obtain an outside line, shall not be deemed a violation of this section. However, under no circumstances shall prepayment, prior authorization, or any other procedure of any nature which in any way impedes effective, immediate and direct placement of such emergency phone call be permitted.
G. 
Misrepresentation. No person shall knowingly provide lodging in any hotel, motel or inn, or any services therefrom, based on misrepresentation or production of false identification or identification which misrepresents the identity of the person procuring or sharing in such lodging or service.
H. 
Number of guests, lodgers, or occupants. No applicant or licensee shall rent or provide a room for any number of persons greater than the sleeping accommodations provided within the particular guest room.
I. 
Number of persons congregating in a room. No applicant or licensee shall knowingly allow a guest, lodger or occupant of any hotel, motel or inn shall to congregate within any room or a number of persons which is greater than two times the number of persons for whom sleeping accommodations are provided within the guest room.
J. 
Length of stay. As the intent of a hotel, motel or inn is to provide temporary lodging for transient guests, under no circumstances shall lodging be provided for more than 30 consecutive days, nor can the guest, lodger or occupant utilize the hotel, motel, or inn as their primary residence.
A. 
Fire protection systems, including but not limited to fire-suppression systems, fire and smoke detection systems, portable fire extinguishers, notification systems, and kitchen hood suppression systems, shall be maintained in good working order at all times. All systems and equipment shall be inspected by certified third-party agencies at intervals compliant with current NFPA standards. Tags shall be affixed to all systems and equipment to indicate current inspection status and contact information for maintenance needs.
B. 
Hotel management and staff shall be trained for proper procedures in the event of alarm activation or report of a fire or emergency. The permit holder is responsible for conducting and documenting annual training.
C. 
Upon activation of a fire alarm notification system, management and/or staff shall not reset the system until directed to do so by Fire Department personnel.
D. 
More than two fire alarm activations within a 12-day period, caused by faulty equipment or malicious activation, shall be deemed a violation of this chapter and shall be subject to penalties and other remedies as set forth in this chapter and Chapters 50 and 90.
E. 
Fire protection systems that are inoperable, out of service, or are removed from service shall cause the building or property to be deemed unsafe. Provisions of the Pennsylvania Uniform Construction Code, as adopted by East Whiteland Township, for vacating the building or property shall apply.
The Township Fire Marshal and/or designee may deny a license requested under this section, and any license issued under the provisions of this chapter may be suspended, revoked or not renewed by the Township Fire Marshal and/or designee for cause. Cause shall include, but not be limited to:
A. 
Fraud or material misrepresentation in the application for license;
B. 
Fraud or material misrepresentation in the operation of the licensed business;
C. 
Conditions which pose a danger to the health, safety or welfare of persons or property within the Township.
D. 
Violation of federal or state law or local ordinance, including but not limited to this chapter, which creates a risk of danger to the health, safety or welfare of persons or property within the Township.
E. 
Violation notice or corrective order that has not been corrected for three months or more, including, but not limited to, a notice or order regarding:
(1) 
Bed bugs, cockroaches, rats, mice, flies, and any other insects or vermin;
(2) 
Cleanliness and maintenance of hotel rooms and common areas;
(3) 
Heating, cooling, and ventilation;
(4) 
Water supplies, including drinking water and hot and cold availability;
(5) 
Lavatories, baths, and sewage;
(6) 
Electricity;
(7) 
Adequate lighting;
(8) 
Laundry facilities;
(9) 
Refuse removal;
(10) 
Defective locks;
(11) 
Violations of applicable fire, electrical, mechanical and plumbing codes, including, but not limited to, the maintenance or nonfunctional smoke or fire suppression systems;
(12) 
Violation or noncompliance with Pennsylvania Uniform Construction Code, including, but not limited to, property and building maintenance and/or severe structural defects;
(13) 
Factors such as noise, assaults, loitering, illegal drug activity or criminal behavior;
(14) 
Failure to maintain the grounds and exterior of the premises, including allowing litter, debris, or refuse to exist on the premises outside of the proper repositories or to blow onto or be deposited upon adjoining properties.
F. 
Failure by the applicant or licensee to permit the inspection of the licensed premises by the Township's agents or employees in connection with the enforcement of this section, provided the intended inspection was in conformance with this chapter.
G. 
The applicant or licensee has obstructed or interfered with correction of violations.
H. 
Calls-for-service ratio of 1.0 or greater over any three-consecutive-month period within the last 12 months from the application or renewal date.
A. 
Before any action is taken concerning the denial, nonrenewal, revocation or suspension of a license, the Township shall serve the applicant or licensee with notice of a hearing before the Board of Appeals established as set forth in Chapter 90, Fire Prevention, by first-class mail, or email, sent at least 30 days' prior to the scheduled hearing.
B. 
The notice of the hearing before the Board of Appeals as specified above shall contain the following:
(1) 
Date and time;
(2) 
Notice of the proposed action;
(3) 
Reasons for the proposed action;
(4) 
A statement that the applicant or licensee may be represented by legal counsel, and present evidence and testimony;
(5) 
A statement requiring the applicant or licensee to notify the office of the Township Fire Marshal at least three days' prior to the hearing date if the licensee intends to contest the proposed action.
C. 
Upon completion of the hearing, the Board of Appeals shall submit to the applicant or licensee a written statement of findings and determination.
D. 
If a license is suspended, the hotel, motel or inn is prohibited from furnishing accommodations or other space to new guests, including, but not limited to, conference rooms, ballrooms, pools and spas, and parking lots. The licensee may only continue to operate and furnish accommodations to current guests, unless otherwise ordered by the court or under other applicable law, including but not limited to the Uniform Construction Code.
E. 
If a license is revoked, denied or not renewed, the applicant or licensee is prohibited from furnishing accommodations or rented space to new guests and must cease operations within 30 days of a final decision, during which time it must:
(1) 
Notify all guests of the establishment's cessation of operation;
(2) 
Provide a reasonable amount of time for guests to vacate their accommodations, which shall be no less than one week but not more than 30 days of a final decision;
(3) 
Comply with all health and safety codes and provisions of this chapter until all guests have vacated the property;
(4) 
Allow the Township or any collaborating organizations or charities to contact current guests directly, in order to provide information regarding potential alternative accommodation options.
Any applicant for a license or a renewal who is aggrieved by the action of the East Whiteland Township Board of Appeals shall, within 30 days of the date of final decision, appeal to the Court of Common Pleas of Chester County, Pennsylvania, whereupon the court shall review such records and proceedings and properly enter such order or decree as the court shall determine.
A. 
Any applicant, licensee, person, partnership, corporation or any other legal entity violating the provisions of this chapter shall, upon summary conviction, be liable to pay a fine of no more than $1,000 plus the cost of prosecution for each offense and may be incarcerated for a term not exceeding 90 days.
B. 
Continued violation of this chapter after written notification from the Township of East Whiteland shall constitute a separate and distinct violation each day the violation continues.
In addition to all other remedies and penalties provided by this chapter and other ordinances, the Township Solicitor may bring suit in a court of competent jurisdiction to seek an injunction or other appropriate relief to halt any violation of this chapter. Such action may include seeking a temporary restraining order or temporary injunction and other appropriate temporary relief. Nothing in this chapter shall be deemed to restrict a suit for damages on behalf of the Township or on behalf of any other person or entity.
All ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed to the extent of such conflict. The Township reserves the right at any time by ordinance to amend or otherwise modify or repeal this chapter.
If any sentence, clause, section, term, or provision of this amendatory ordinance is for any reason determined by a court possessed of subject-matter jurisdiction to be invalid or unenforceable, the said determination shall not affect or impair any of the remaining sentences, clauses, sections, terms or provisions hereof. It is here declared to be the intent of the governing body of East Whiteland Township that this amendatory ordinance would have been enacted without the illegal or unenforceable sentence, clause, section, term, or provisions.