[Rev. 11/21/2013 3:25:55 PM--2013]

CHAPTER 712 - STORAGE OF HOUSEHOLD GOODS AND EFFECTS

NRS 712.010           Short title.

NRS 712.020           Legislative declaration.

NRS 712.030           “Storage of household goods and effects” defined.

NRS 712.040           Permit for warehouse required.

NRS 712.050           Requirements for permit; grounds for revocation; fee; penalty.

NRS 712.060           Inspection by Nevada Transportation Authority.

NRS 712.070           Rules and regulations of Nevada Transportation Authority.

NRS 712.080           Disciplinary proceedings; judicial review.

NRS 712.090           Penalty.

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      NRS 712.010  Short title.  This chapter shall be known and may be cited as the Household Goods and Effects Storage Act.

      (Added to NRS by 1973, 1025)

      NRS 712.020  Legislative declaration.  The Legislature hereby finds and declares that the storage of household goods and effects in warehouses affects the public interest and the public welfare, and in the exercise of its police power it is necessary to vest in the Nevada Transportation Authority the authority to set certain standards as to fitness and financial stability, and to require certain insurance as a condition for engaging in such storage business.

      (Added to NRS by 1973, 1025; A 1997, 1960)

      NRS 712.030  “Storage of household goods and effects” defined.

      1.  “Storage of household goods and effects” means the storage for compensation of the personal household goods and effects of another where the operator of a warehouse is held out to the public to provide such storage.

      2.  “Storage of household goods and effects” does not include:

      (a) The storage of personal household goods and effects when the owner rents for the owner’s exclusive use separate and distinct storage facilities from another and the lessor assumes no responsibility for the care, maintenance or safety of the stored property; or

      (b) Personal property consigned to a warehouse under circumstances described in Section 1 of Article 10 of the Constitution of the State of Nevada.

      (Added to NRS by 1973, 1025)

      NRS 712.040  Permit for warehouse required.  A person shall not engage in the storage of household goods and effects without first having obtained from the Nevada Transportation Authority a warehouse permit to conduct such service.

      (Added to NRS by 1973, 1025; A 1997, 1960)

      NRS 712.050  Requirements for permit; grounds for revocation; fee; penalty.

      1.  Before issuing a warehouse permit, the Nevada Transportation Authority shall:

      (a) Require proof of financial ability to protect persons storing property from loss or damage, and a showing of sufficient assets, including working capital, to carry out the proposed service.

      (b) Determine that the applicant has sufficient experience in and knowledge of the storage in a warehouse of household goods and effects, and the regulations of the Authority governing the storage of household goods and effects.

      (c) Require proof that the applicant carries a legal policy of liability insurance evidencing coverage against fire, theft, loss and damage for stored property and effects in an amount not less than the base release value set forth in the tariff approved by the Authority governing the transportation of household goods and effects for those articles not covered by private insurance. Except upon 30 days’ written notice to the Authority, the insurance must not be cancelled during the period for which any permit is issued. Failure to keep the insurance in effect is cause for revocation of any warehouse permit.

      (d) Require information showing that the property to be used for storage of household goods and effects is reasonably suitable for that purpose. Failure to maintain the property in suitable condition is cause for revocation of any warehouse permit.

      (e) Collect an initial fee for the permit as set by the Authority according to the gross volume of business in an amount not less than $25 nor more than $50.

      2.  On or before January 1 of each year, the holder of a warehouse permit shall pay to the Authority an annual fee as set by the Authority pursuant to paragraph (e) of subsection 1.

      3.  Any person who fails to pay the annual fee on or before the date provided in this section shall pay a penalty of 10 percent of the amount of the fee plus interest on the amount of the fee at the rate of 1 percent per month or fraction of a month from the date the fee is due until the date of payment.

      (Added to NRS by 1973, 1025; A 1981, 1598; 1987, 897; 1997, 1960)

      NRS 712.060  Inspection by Nevada Transportation Authority.  The Nevada Transportation Authority or its agents may:

      1.  Inspect any property proposed to be used for storage of household goods and effects to determine its suitability.

      2.  Examine the premises, books and records of any permit holder.

      (Added to NRS by 1973, 1026; A 1997, 1961)

      NRS 712.070  Rules and regulations of Nevada Transportation Authority.  The Nevada Transportation Authority shall adopt such rules or regulations as may be required for the administration of this chapter.

      (Added to NRS by 1973, 1026; A 1997, 1961)

      NRS 712.080  Disciplinary proceedings; judicial review.  The provisions of NRS 703.373 to 703.376, inclusive, relating to revocation and suspension of certificates, permits and licenses and judicial review thereof, apply to proceedings to suspend or revoke any permit issued under this chapter.

      (Added to NRS by 1973, 1026; A 1983, 970)

      NRS 712.090  Penalty.  Any person who violates any provision of this chapter, or any rule or regulation adopted pursuant to this chapter, is, in addition to any civil penalties which may be provided, guilty of a misdemeanor.

      (Added to NRS by 1973, 1026; A 1981, 1598)