48 Pa.C.S. § 1353 — PA Code / Title 48 / Chapter 13 / Section 1353
Information concerning protection from fire.
Status: in_force

The management of hotels and motels shall, upon the request of travel agents and other persons interested in utilizing their facilities, furnish information concerning the measures which have been taken at the hotel or motel for protection from fire. The information shall be provided in writing, free of charge, and shall be in such detail as the Department of Labor and Industry may prescribe by regulation. APPENDIX TO TITLE 48 LODGING AND HOUSING ------- Supplementary Provisions of Amendatory Statutes ------- 2016, JUNE 23, P.L.365, NO.51
48 Pa.C.S. § 1326 — PA Code / Title 48 / Chapter 13 / Section 1326
Other liability.
Status: in_force

(a) Depository liability.--Except as provided in subsection

(b), the liability of the hotelkeeper or campground owner, whether individual, partnership or corporation, for property loss or damage to a guest other than that described in sections 1323 (relating to liability for property loss or damage) and 1324 (relating to special arrangements for safe deposit of valuables) shall be that of a depository for hire.

(b) Exception.--Notwithstanding subsection (a), the hotelkeeper or campground owner shall not be liable in the case of loss or damage caused by a fire not intentionally produced by the hotelkeeper or campground owner.

(c) Limitation of liability.--Unless the hotelkeeper or campground owner has consented in writing to assume a greater liability, in no case shall liability under this section exceed $150 for each trunk and its contents, $50 for each valise and its contents, $10 for each box, bundle or package and its contents and $50 for all other miscellaneous effects, including wearing apparel and personal belongings.

(d) Persons other than guests.--A hotelkeeper or campground owner may hold baggage or property at the risk of the owner if:

(1) The owner has forwarded the baggage or property to the inn or hotel or recreational campground before becoming a guest and the baggage or property has been received into the inn or hotel or recreational campground.

(2) The owner has allowed baggage or property to remain in the inn or hotel or recreational campground after leaving

as a guest and after the relationship between the hotelkeeper or campground owner and the guest has ceased. (June 5, 2020, P.L.250, No.33, eff. 60 days)
48 Pa.C.S. § 1322 — PA Code / Title 48 / Chapter 13 / Section 1322
Lien, warrant, sale and right of redemption.
Status: in_force

(a) Lien.--A hotelkeeper or campground owner within this Commonwealth shall have a lien upon the goods, baggage or personal property belonging to a guest or boarder of a hotel or campground-owned lodging for the amount of indebtedness contracted for boarding and lodging for a period of time not exceeding two weeks. The hotelkeeper or campground owner may detain the goods and baggage until the amount of indebtedness is paid.

(b) Public sale.--

(1) Except as provided under paragraph (2), after the detention of goods under subsection (a) for three months, the hotelkeeper or campground owner may apply to a magisterial district judge to publicly sell the goods and baggage. At least 10 days' notice of the public sale must be placed in at least three public places in the ward of the city or borough or in the township where the inn, hotel, boardinghouse or recreational campground is located. The owner of the goods and baggage shall receive the balance of the proceeds of the public sale, minus all costs and the amount of indebtedness.

(2) Notwithstanding paragraph (1), the owner of the goods and baggage shall have the right to redeem the goods and baggage as follows:

(i) At any time within the three months of detention, upon paying the amount of the indebtedness.

(ii) At any time previous to the public sale, upon paying the amount of the indebtedness and any additional costs established under law. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 amended subsecs. (a) and (b)(1).
48 Pa.C.S. § 1329 — PA Code / Title 48 / Chapter 13 / Section 1329
Baggage sale requirements.
Status: in_force

(a) Public auction.--The hotelkeeper or campground owner shall retain the baggage or other property upon which a lien exists for a period of 30 days, after which, if the lien is not satisfied, the baggage or other property may be sold at public auction.

(b) Notice.--Notice of the public auction under subsection

(a) shall be provided by:

(1) providing a minimum of 10 days' notice in a newspaper of general circulation in the county where the inn or hotel is situated; and

(2) mailing a copy of the notice, addressed to the guest or boarder at the place of residence recorded in the register of the inn or hotel. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 amended subsec. (a).
48 Pa.C.S. § 1325 — PA Code / Title 48 / Chapter 13 / Section 1325
Duty of guest.
Status: in_force

It shall be the duty of every guest, and of anyone intending to be a guest, of any hotel, inn or recreational campground, upon delivering to the hotelkeeper of the hotel or inn or the campground owner, or a servant or employee, baggage or other property of the guest for safekeeping elsewhere than in the room or site assigned to the guest, to demand of the hotelkeeper or campground owner a check or receipt for the property to evidence the fact of delivery. (June 5, 2020, P.L.250, No.33, eff. 60 days)
48 Pa.C.S. § 1311 — PA Code / Title 48 / Chapter 13 / Section 1311
Hotelkeepers and campground owners.
Status: in_force

(a) Refusal of accommodations.--A hotelkeeper and campground owner shall have the right to refuse or deny accommodations, facilities or privileges of a lodging establishment to any of the following:

(1) A person who is unwilling or unable to pay for the accommodations and services of the lodging establishment. The hotelkeeper or campground owner shall have the right to require that prospective guests demonstrate their ability to pay by cash, a valid credit card or a certified or cashier's check. If a minor is not accompanied by his parent or legal guardian, the hotelkeeper or campground owner may require the minor's parent or legal guardian to do one of the following:

(i) Accept, in writing, liability for the lodging cost, taxes, all charges by the minor and any damages in excess of normal wear and tear to the lodging accommodations and its amenities caused by the minor while a guest at the lodging establishment. Damages shall be calculated at the cost of labor and materials for repair by the lodging establishment.

(ii) Provide the hotelkeeper or campground owner with a valid credit card number and authorization to cover the lodging cost, taxes, charges by the minor and any damages to the lodging accommodations and its amenities caused by the minor.

(iii) Require all of the following, if a credit card authorization is not provided:

(A) An advanced cash payment to cover the lodging cost and taxes for all nights reserved for the minor.

(B) A cash damage deposit in an amount not to exceed the cost of one night's accommodations, including taxes, for payment of additional charges by the minor or for damages to the lodging accommodations and its amenities. The hotelkeeper or campground owner shall refund the cash deposit to the extent that it is not used to cover any reasonable charges or damages, as determined by the hotelkeeper or campground owner following lodging inspection at checkout.

(2) A person who is disorderly.

(3) A person who the hotelkeeper or campground owner reasonably believes is seeking accommodations for an unlawful purpose, including the unlawful possession or use of a controlled substance by the person or the use of the premises for the consumption of alcoholic beverages by any person under 21 years of age.

(4) A person who the hotelkeeper or campground owner reasonably believes is bringing into the lodging establishment property which may be dangerous to other persons, including explosives or illegal firearms.

(5) A person who exceeds the maximum number of persons allowed to occupy a particular lodging accommodation in the lodging establishment, as posted by the lodging establishment.

(b) Civil liability for refusal.--

(1) Except as provided for under paragraph (2), a hotelkeeper or campground owner refusing or denying accommodations, facilities or privileges of a lodging establishment for any of the reasons specified under subsection (a) shall not be liable in a civil action or for a fine or penalty based on the refusal or denial.

(2) Accommodations, facilities or privileges of a lodging establishment may not be refused or denied based upon the factors under section 3 of the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act.

(c) Restitution and damages permitted.--

(1) In addition to any penalties provided under any other statute, a court may order a person to do all of the following:

(i) Pay restitution for any damages suffered by the hotelkeeper or campground owner of the lodging establishment, including the lodging establishment's loss of revenue resulting from the lodging establishment's inability to rent or lease the accommodations during the period of time the lodging establishment is being repaired.

(ii) Pay damages or restitution to a person or his property that is injured.

(2) The parents or guardians of a minor shall be liable for the acts of the minor which cause damages to the lodging

establishment room or furnishings or cause injury to persons or property.

(3) This subsection shall not prohibit the prosecution of any person for any other violation of law which occurred on the property of the lodging establishment.

(d) Guest register requirement.--

(1) The hotelkeeper or campground owner of a lodging establishment shall maintain, for a period of three years, a guest register which shows the name, residence, date of arrival and departure of guests of the lodging establishment.

(2)

(i) Every guest shall register. A registering guest may be required by the hotelkeeper or campground owner to produce a valid driver's license or other identification, satisfactory to the hotelkeeper or campground owner, containing a photograph of the guest and setting forth the name and residence address of the guest.

(ii) In addition to the provisions of subparagraph

(i), if the guest is a minor, the hotelkeeper or campground owner may also require a parent of the guest to register, accepting in writing liability for the lodging cost, taxes, all charges by the minor and any damages to the lodging accommodations or its furnishings caused by the minor while a guest at the lodging establishment.

(3) The guest register shall be maintained in its original form or may be reproduced on any photographic, photostatic, microfilm, microcard, miniature photographic or other process which actually reproduces the original record.

(e) Right to eject from premises.--A hotelkeeper or campground owner may immediately eject a person from the lodging establishment premises for violating this chapter if a copy of the chapter is posted in a conspicuous place and manner in the lodging establishment in accordance with subsection (f).

(f) Posting notice to guests.--This chapter shall not apply to a hotelkeeper or campground owner unless the hotelkeeper or campground owner posts a copy of this chapter at or near the guest registration desk.

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Alcohol." The term as defined in section 102 of the act of April 12, 1951 (P.L.90, No.21), known as the Liquor Code.

"Controlled substance." The term as defined in section 2 of the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

"Disorderly." A person is disorderly if, with intent to cause or recklessly create a risk of public inconvenience, annoyance or alarm, the person does any of the following:

(1) Engages in fighting or threatening or in violent or tumultuous behavior.

(2) Makes unreasonable noise.

(3) Uses obscene language or makes an obscene gesture.

(4) Creates a hazard or physically offensive condition by an act which serves no legitimate purpose of the actor.

"Lodging establishment." Except for a time-share arrangement, any of the following:

(1) A hotel, motel, inn, resort, guest house or bed and breakfast establishment, regardless of size.

(2) A building, other than one listed under paragraph

(1), which is held out by any means, including advertising,

license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation.

(3) A place which advertises to the public at large or a segment of the public that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large.

(4) A place recognized as a hostelry, except for portions of the facility which are devoted to persons who have established permanent residence.

(5) A recreational campground.

"Minor." An unemancipated person under 18 years of age.

"Person." Any individual, corporation, association, partnership, joint stock company, business trust, syndicate, joint venture or other combination or group of individuals.

"Temporary." Occupancy or the right to occupancy of a lodging establishment for less than 30 days or on a day-to-day basis if for more than 30 days. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 amended the section heading and subsecs. (a), (b)(1), (c)(1)(i), (d), (e) and (f) and added par. (5) to the def. of "lodging establishment" in subsec. (g).
48 Pa.C.S. § 1351 — PA Code / Title 48 / Chapter 13 / Section 1351
Recreational campground heater safety.
Status: in_force

(a) General requirements.--The owner or operator of a recreational campground where cabins or trailers are heated by stoves, gas burners or any other heating devices, except electrical appliances, radiators and electric water heaters, shall install adequate chimneys or other vents or outlets for escape of carbon monoxide gas and other harmful or injurious gases generated by the heating devices.

(b) Penalty.--Upon conviction in a summary proceeding, a person who violates this section shall be sentenced to pay a fine of not less than $10 or more than $25, or to imprisonment for a term of not more than 30 days, or both, in the discretion of the court. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 amended the section heading and subsec. (a).
48 Pa.C.S. § 1323 — PA Code / Title 48 / Chapter 13 / Section 1323
Liability for property loss or damage.
Status: in_force

(a) General rule.--Except as provided in subsection (b) and section 1324 (relating to special arrangements for safe deposit of valuables), no hotelkeeper or campground owner, whether individual, partnership or corporation, shall be liable for loss or damage to property suffered by a guest, unless the hotelkeeper or campground owner fails to constantly maintain any of the following:

(1) A metal safe or vault in good order and fit for custody of money, bank notes, jewelry, gold or silver articles, precious stones, personal ornaments, railroad mileage books or tickets, negotiable or valuable papers and bullion. This paragraph shall not apply to campground owners.

(2) Suitable locks, bolts and fastenings on the doors, transoms and windows of the sleeping rooms used by guests.

(3) A copy of this section, posted and printed in distinct type in not fewer than 10 conspicuous places throughout the hotel or inn.

(b) Exception.--Notwithstanding compliance with subsection

(a), a hotelkeeper is liable for property loss or damage if a guest delivers property for custody in the safe or vault and the hotelkeeper omits or refuses to accept it, deposit it in the safe or vault or provide the guest with a receipt, except that a hotelkeeper is not:

(1) obliged to receive from any one guest property exceeding a total value of $300; or

(2) liable for an amount in excess of $300, whether or not the property was actually received.

(c) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Hotel." The term includes apartment hotels.

"Hotelkeeper." The term includes apartment hotelkeepers. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 amended subsec. (a) intro. par. and

(1). Cross References. Section 1323 is referred to in sections 1324, 1326 of this title.
48 Pa.C.S. § 1301 — PA Code / Title 48 / Chapter 13 / Section 1301
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Campground owner." A person or entity which owns a recreational campground. The term shall not include the Department of Conservation and Natural Resources.

"Hotelkeeper." Except for a time-share arrangement, a person or entity providing lodging, accommodations, facilities or privileges or services at the following:

(1) a hotel, motel, inn, resort, guest house or bed and breakfast establishment;

(2) a building, other than one listed under paragraph

(1), which is held out by any means, including advertising,

license, registration with a hotelkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation;

(3) a place that advertises to the public that it will provide beds, sanitary facilities or other space for a temporary period to members of the public; or

(4) a place recognized as a hostelry, except for portions of a facility which are devoted to persons who have established permanent residence. The term shall include the proprietor of a hotel, inn or boardinghouse.

"Recreational campground." A lodging establishment organized to accommodate five or more separate, designated campsites for shelter in either privately owned or campground-owned lodging. The property may include amenities, such as site-specific electric and sewer hookups, public bath houses, convenience stores, recreational areas and pools. The campground may permit seasonal sites. Seasonal guests shall not be required to have month-to-month agreements. Approved guests may leave their trailer on the site throughout the year but may not maintain a permanent residence. The term shall not include a recreational vehicle or tent campsite in a State park. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 added the defs. of "campground owner" and "recreational campground." June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 amended the section heading and subsecs. (a), (b)(1), (c)(1)(i), (d), (e) and (f) and added

(g)(5).
48 Pa.C.S. § 1324 — PA Code / Title 48 / Chapter 13 / Section 1324
Special arrangements for safe deposit of valuables.
Status: in_force

Notwithstanding section 1323 (relating to liability for property loss or damage), a hotelkeeper or campground owner may, by special arrangement with a guest, receive any property for deposit in the safe or vault upon terms as to which the parties agree in writing, but the hotelkeeper or campground owner shall be liable for property loss or damage after the articles have been accepted for deposit, if the loss or damage is caused by theft or negligence of the hotelkeeper or campground owner. (June 5, 2020, P.L.250, No.33, eff. 60 days) Cross References. Section 1324 is referred to in sections 1323, 1326 of this title.
48 Pa.C.S. § 1352 — PA Code / Title 48 / Chapter 13 / Section 1352
Crib safety.
Status: in_force

(a) Unsafe crib prohibition.--No hotel, motel or similar transient lodging facility shall offer or provide for use or otherwise place in the stream of commerce a full-size or non-full-size crib that is unsafe for an infant using the crib because it does not conform to section 3(c)(1), (2) or (3) of

the act of June 22, 2000 (P.L.339, No.39), known as the Infant Crib Safety Act, or because it has a dangerous feature or characteristic under section 3(d) of the Infant Crib Safety Act.

(b) Penalty.--A hotel, motel or similar transient lodging facility that willfully and knowingly violates subsection (a) commits a summary offense which, upon conviction, shall be punishable by a fine of not more than $1,000.
48 Pa.C.S. § 1330 — PA Code / Title 48 / Chapter 13 / Section 1330
Sale proceeds.
Status: in_force

(a) Duty of hotelkeeper or campground owner.--After satisfying the lien and any costs that may accrue, any residue remaining shall be paid to the guest or boarder:

(1) on demand within six months; or

(2) if there is no demand, within six months from the date of the sale.

(b) Deposit of residual funds.--The residue shall be deposited by the hotelkeeper or campground owner with the treasurer of the county in which the inn or hotel or recreational campground is situated, together with a statement of the claim of the hotelkeeper or campground owner, the costs of enforcing the claim, a copy of the published public auction notice and a report of amounts received for the goods sold at the auction.

(c) Duty of county treasurer.--The county treasurer shall credit the residue to the general revenue fund of the county, subject to the right of the guest or boarder to reclaim it within three years of the date of deposit with the treasurer. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 amended subsecs. (a) and (b).
48 Pa.C.S. § 1328 — PA Code / Title 48 / Chapter 13 / Section 1328
Baggage.
Status: in_force

(a) Hotelkeeper and campground owner lien.--A hotelkeeper or campground owner, whether individual, partnership or corporation, shall have a lien on baggage and other property located in and about the inn, hotel or campground-owned lodging and belonging to or under the control of a guest or boarder for the proper charges due for accommodation, board and lodging and for all money paid for or advanced to the guest or boarder.

(b) Limitation.--The amount of a lien under subsection (a) shall not exceed $200.

(c) Right of hotelkeeper and campground owner.--The hotelkeeper or campground owner may detain the baggage and other property until the amount of any charges due has been paid.

(d) Exemption from attachment and execution.--Baggage and other property shall be exempt from attachment or execution until the hotelkeeper's or campground owner's lien and the cost of satisfying it are satisfied. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 amended subsecs. (a), (c) and (d).
48 Pa.C.S. § 1327 — PA Code / Title 48 / Chapter 13 / Section 1327
Exemption from levy or sale.
Status: in_force

The personal property of a guest at an inn or a hotel or recreational campground, or of a boarder at a boardinghouse where the property is in the exclusive use of the boarder, when located on premises occupied by the guest or boarder, shall be exempt from levy and sale on distress for rent. (June 5, 2020, P.L.250, No.33, eff. 60 days)
48 Pa.C.S. § 3 — PA Code / Title 48 / Chapter 3 / Section 3
Continuation of prior law.
Status: in_force

(1) The addition of 48 Pa.C.S. Ch. 13 is a continuation of the following:

(i) The act of May 7, 1855 (P.L.479, No.509), entitled "An act to protect Keepers of Hotels, Inns and Boarding Houses."

(ii) The act of June 12, 1913 (P.L.481, No.318), entitled "An act relating to inns and hotels; regulating certain rights and liabilities of hotelkeepers and innkeepers; and providing penalties for fraud against innkeepers and hotelkeepers."

(iii) Section 3.3 of the act of April 27, 1927 (P.L.465, No.299), referred to as the Fire and Panic Act.

(iv) Section 404(4) of the act of April 6, 1951 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951.

(v) The act of August 19, 1953 (P.L.1083, No.285), entitled "An act requiring owners and operators of tourist camps having heated cabins to provide adequate chimneys or escape vents for harmful gases, and imposing penalties."

(vi) The act of October 30, 1996 (P.L.732, No.131), known as the Pennsylvania Innkeepers' Rights Act.

(vii) Sections 3(b) and 5 of the act of June 22, 2000 (P.L.339, No.39), known as the Infant Crib Safety Act.

(2) Except as otherwise provided in 48 Pa.C.S. Ch. 13, all activities initiated under the statutory provisions referred to in paragraph (1) shall continue and remain in full force and effect and may be completed under 48 Pa.C.S. Ch. 13. Orders, regulations, rules and decisions which were made under the statutory provisions referred to in paragraph

(1) and which are in effect on the effective date of section 2 of this act shall remain in full force and effect until revoked, vacated or modified under 48 Pa.C.S. Ch. 13. Contracts, obligations and collective bargaining agreements entered into under the statutory provisions referred to in paragraph (1) are not affected nor impaired by the repeal of the statutory provisions referred to in paragraph (1).

(3) Any difference in language between 48 Pa.C.S. Ch. 13 and the statutory provisions referred to in paragraph (1) is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the statutory provisions referred to in paragraph (1). Explanatory Note. Act 51 added Parts I (Reserved) and II of Title 48.
48 Pa.C.S. § 1331 — PA Code / Title 48 / Chapter 13 / Section 1331
Abandoned property at recreational campgrounds.
Status: in_force

(a) Duties of recreational campground guests.--A guest shall have 10 days from the end date of the guest's stay or seasonal agreement to claim abandoned property.

(b) Duties of campground owners.--A campground owner shall disclose the abandoned property policy of the recreational campground in signed waivers for all guests, including guests with seasonal agreements. If a guest claims abandoned property within 10 days of the end date of the guest's stay or seasonal agreement, the campground owner has a duty to hold the property for an additional 10 days.

(c) Rights of campground owners.--If the guest does not collect their property within 10 days of claiming the property, a campground owner may keep or dispose of the abandoned property. (June 5, 2020, P.L.250, No.33, eff. 60 days) 2020 Amendment. Act 33 added section 1331.
48 Pa.C.S. § 1321 — PA Code / Title 48 / Chapter 13 / Section 1321
Notice to boarders to secure rooms, campground-owned lodging and other personal property.
Status: in_force

If a hotelkeeper or campground owner posts in a conspicuous place notice requiring the guest or boarder to secure the room, campground-owned lodging occupied by the guest or boarder or other personal property, or, in leaving the room, campground-owned lodging or personal property to secure the property and to deposit the key with the hotelkeeper, campground owner or the clerk at the office, the hotelkeeper or campground owner shall not be liable for any baggage or personal property of the guest or boarder which may be stolen from the room, or campground-owned lodging if the guest or boarder shall neglect to do so. In order to avoid liability, the hotelkeeper or campground owner must clearly establish the fact of the room or campground-owned lodging having been left unbolted or unlocked by the guest or boarder at the time of the loss of the baggage. (June 5, 2020, P.L.250, No.33, eff. 60 days)