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 Oregon 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.
Oregon Legislature Extends and Expands Eviction Moratorium - 06/30/2020
The Oregon legislature has approved, and Governor Brown, is expected to sign a bill to extend the state’s eviction moratorium. Although this bill does not expressly mention self storage, it contains broad language that may prohibit self storage lien sales, lockouts, and late fees through at least September 30, 2020. Oregon operators should consult with legal counsel before proceeding with lien sales in the state.
The bill prohibits landlords from “taking any action that would interfere with a tenant’s possession or use of a rental unit based on a tenant’s nonpayment.” The bill also prohibits landlords from “imposing a late fee or other penalty on a tenant for nonpayment under this section.”
Unlike the Governor’s previous order, this bill does not require the tenant to provide a COVID-related reason for non-payment. In fact, the tenant does not need to provide any reason for or notice when missing a payment. The tenant has until March 31, 2021 to repay any payments missed between April 1, 2020 and September 30, 2020. Importantly, however, landlords may follow the usual timeline against tenants who miss rent in October 2020 or later.
Finally, the bill does not apply to payments missed before April 1, 2020. Operators may be able to proceed with lien sales against those tenants, but, again, should consult with legal counsel before doing so.
Please email Joe Doherty with any questions.
03/30/2020 - New Leave Law to Impact Storage Industry, Effective April 1
As reported last week, the new federal leave law takes effect on April 1. Employers must provide notice to their employees immediately if they have not done so already. The notice can be found here.
SSA’s updated FAQs can be found here. The updated FAQs answer questions on issues such as the posting requirements for the notice and the limited exemption available to employers with fewer than 50 employees.
The Department of Labor’s complete FAQs can be found here.
Employers are strongly encouraged to discuss the new law with their legal counsel. Please email Joe Doherty, email@example.com, with any questions.
Changes to the International Building Code Affect Self Storage - March 2019
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.
The Oregon Self Storage Association, together with the national Self Storage Association, is working on a number of issues to protect and improve your regulatory arena. Last year the ORSSA updated lien law provisions consistent with recent improvements in other states.