JULY 21, 2021 - NEW MASK MANDATE FOR CLARK COUNTY
Clark County Commission just voted unanimously this afternoon to re-impose the mask mandate for all employees of all businesses in indoor public spaces. The mandate is effective tomorrow, Wed, July 21, at midnight. Businesses will be required to post signage starting Friday encouraging masks for all patrons.
Clark County will revisit the issue on August 17. We anticipate the GCB will follow suit with the recommendation for casinos.
The national SSA has many resources and webinars available focused on COVID-19 and our industry. Click here to access news about COVID-19 and self storage. Invitations to register for the webinars are being sent to state and national members, specifically, the primary contact's email address.
For the latest information from Nevada on the COVID-19 pandemic, visit the governor’s office website and your state’s department of health here. Be sure to carefully monitor the situation and check on updates from the Centers for Disease Control and Prevention (CDC) www.cdc.gov, regulatory agencies as well as local health officials.
Please also read the letter from Tim Dietz, SSA President and CEO, that provides resources and information related to states of emergency and pricing restrictions here.
BUILDING CODES UPDATE
Changes to the International Building Code Affect Self Storage
With the support of its Code Committee, the Self Storage Association successfully pursued several key changes to the 2021 International Building Code.
- An exception has been added to IBC Section 2902.3.3 to permit an increase in the location (to greater than every other floor) and maximum distance of travel (to greater than 500 ft) for restrooms. The location and travel distance must be approved by the code official.
- The maximum allowable height of sprinklered facilities made of Type IIB materials (unprotected steel) and Type IIIB materials (noncombustible or fire-retardant-treated wood stud exterior walls and any interior construction) has been increased from 3 stories to 4 stories. The Code continues to have total floor and building square footage limits.
- Pursuant to modified IBC Section 903.2.9, storage facilities are exempt from the automatic sprinkler system requirement if: (1) the total fire area is 12,000 sq. ft. or less; (2) the combined total fire areas are 24,000 sq. ft. or less; (3) the facility is no greater than one story above grade plane; and (4) all storage spaces are accessed directly from the exterior.
These changes go into effect as they are adopted by local and state governments over the next several years. Prior to the adoption on the local and state level, storage developers can request that the code official rely on the 2021 changes as acceptable alternative methods of construction pursuant to section 104.11 of the existing International Building Code.
Please email Joe Doherty with any questions or to receive supporting documentation for these changes.
06/25/2020 - Governor Sisolak issued Emergency Directive 025. Click HERE to read Directive 025.
Storage owners should know that a key takeaway is that commercial landlords, such as storage facilities, may commence overlocking units, charging late fees, and beginning the lien process on July 1. Storage facilities may only assess late fees going forward, meaning facilities may not assess late fees for any rent that was due before July 1, 2020. Storage facilities who sent out prelien letters or otherwise started the lien process prior to March 30 but paused the lien process once the Governor issued Emergency Directive 008 will need to start the process over, with July 1 being the first day lien letters can go out. The moratorium on residential evictions continues through August 30, 2020.
Please email Erin King with questions and to access legal help.
NVSSA members have access to legal help by Jason Sifers.
05/12/2020 - Nevada Essential and Nonessential Businesses Required to Implement Additional Preventative Measures
The Nevada Occupational Safety and Health Administration (NV-OSHA) recently issued new requirements that both essential and nonessential businesses in the state must implement under Phase I of the Governor’s Roadmap to Recovery for Nevada. Among other requirements, businesses must:
- Provide face coverings for employees assigned to serving the public and shall require these employees to wear the face coverings;
- Prohibit gatherings of 10 or more people;
- Promote frequent and thorough hand washing, including providing workers, customers, and worksite visitors with a place to wash their hands. If soap and running water are not immediately available, provide alcohol‐based hand rubs containing at least 60% alcohol;
- Maintain regular housekeeping practices, including routine cleaning and disinfecting of surfaces and equipment with Environmental Protection Agency‐approved cleaning chemicals from List N that have label claims against the coronavirus;
- Conduct daily surveys of changes to staff/labor health conditions;
- Ensure that any identified first responders in the labor force are provided and use the needed Personal Protective Equipment (PPE) and equipment for protection from communicable or infections disease; and, Provide access to potable and sanitary water.
Further, the following measures are required to be implemented by the employer when employees are conducting specific job functions where 6 feet of social distancing is infeasible/impractical.
- A Job Hazard Analysis (JHA) may be completed for each task, procedure, or instance that is identified where social distancing is infeasible/impractical. Any JHA drafted for this purpose must be equivalent in detail and scope as identified in Federal OSHA publication 3071;
- A JHA developed for this purpose must identify the task being addressed, hazard being addressed (spread of COVID‐19), and controls to be used to address the hazard;
- Any policy, practice, or protocol developed pursuant to the JHA must be as effective as or more effective than the 6 feet social distancing;
- Engineering controls, administrative controls, and PPE identified and developed through the JHA to address the hazard must be supplied by the employer;
- Training must be provided to staff for any policy, practice, or protocol that is used to address the hazard via a JHA; and,
- Training must be provided to staff for any equipment, engineered process, administrative control, or PPE that was identified and developed through the JHA to address the social distancing requirements or alternative policies, practices, or protocols implemented when social distancing is infeasible/impractical.
NVSSA members should review the new requirements carefully to ensure their operations are compliant. As a reminder, NVSSA members have access to basic consultation with attorney Jason Sifers as part of their membership.
April 27, 2020 - Governor Issues Further Guidance Regarding Eviction Moratorium
Last week, Governor Steve Sisolak issued further guidance regarding his eviction moratorium directive. The guidance includes the following:
- Landlords may not issue any lockouts, notices to vacate, notices to pay or quit, evictions, or other proceedings against Tenants, absent the exceptions outlined in the Directive, even if the Tenant does not make payments under a payment plan for agreements made after the Directive was entered.
- Tenants and landlords are encouraged to negotiate payment plans within 30 days after the termination of the Directive in order to cure any missed payments. Landlords may discuss options with their tenants, and tenants may voluntarily make partial payments toward their rent obligations, but repayment agreements are not enforceable until after the termination of the Directive. The terms of any payment plan cannot violate the Directive or contain any language contrary to the Directive.
- Landlords may not use coercion, duress, or intimidation with Tenants. This includes, but is not limited to, threatening to evict a tenant the day the moratorium is lifted, or coerce or induce a tenant to pay rent by using economic impact payment checks or any other source of income.
You can read a full copy of the one-page guidance here. As a reminder, NVSSA members have access to basic consultation with attorney Jason Sifers as part of their membership
March 30, 2020 - NV Governor’s orders affects self storage operations
On March 29, Nevada Governor Steve Sisolak issued an executive order barring lockouts as well as commercial evictions and foreclosures. The order also prohibits landlords from charging late fees for nonpayment. The order took effective immediately and will remain in effect until further notice.
Nevada operators should be aware of the order’s effects on lockouts, late fees, and lien sales as many tenants have rent coming due on April 1. While the Governor’s order is in effect, Nevada members are strongly encouraged to communicate with their legal counsel before locking out tenants (including overlocking units or suspending gate access), imposing late fees, or conducting lien sales.
The order provides only narrow exceptions to the bans on evictions and foreclosures. First, the order “does not prohibit the eviction of persons who seriously endanger the public or other residents, engage in criminal activity, or cause significant damage to the property.” Second, the order does not prohibit “the continuation of any eviction or foreclosure action or proceeding predating” the Governor’s March 12 declaration of emergency.
As a reminder, NVSSA members have access to basic consultation with attorney Jason Sifers as part of their membership.
March 23, 2020 - NV Governor Allows Storage Businesses to Remain Open During State of Emergency
Governor Sisolak ordered the closure of all non-essential businesses. The order allows, but does not require, self storage businesses to remain open.
Storage is listed as an essential business in a memo accompanying the Governor’s order.
For businesses that remain open, the Nevada Health Response Center maintains that all employees and patrons ensure that 6 feet of social distancing per person for non-household members is maintained at all times. In addition, businesses should:
- Remind employees of best hygiene practices, including washing their hands often with soap and water for at least 20 seconds.
- Increase the frequency of cleaning and sanitizing per CDC Environmental Cleaning and Disinfection guidance of all hard surfaces, including tables and countertops that are being utilized by employees and patrons during pickup/delivery options.
- Encourage employees to work remotely or telecommute, if possible.
Please email Joe Doherty with any questions.
Visit the NVSSA website for meeting updates and more COVID-19 information.