LEGAL UPDATES
March 2021
Starting this summer, Kentucky self storage operators can realize significant savings by advertising sales outside of the newspaper.
Kentucky Gov. Andy Beshear signed legislation allowing operators to avoid the expense and hassle of newspaper advertising. If an operator chooses not to advertise in the newspaper, the operator must advertise in another commercially reasonable manner. The bill deems an advertisement as commercially reasonable if at least three independent bidders participate in or attend the sale at the time and place advertised.
In states with similar language, operators have found success advertising their sales through online auction websites, Facebook Marketplace, and Craigslist.
The law takes effect on June 28, 2021.
SSA thanks Rep. Kevin Bratcher (R-Jefferson) for sponsoring this important legislation.
January 2021
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.
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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.
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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.
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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.
Legislative Efforts
The Kentucky Self Storage Association, together with the national Self Storage Association, continues to work on a number of issues to protect and improve your regulatory arena. In 2014 the KYSSA made major revisions to lien law provisions consistent with recent improvements in other states.