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Studio Apartment w/ Attached Garage (R302.5.1)

K

Kevin Stokes

Registered User
Joined
Oct 14, 2016
Messages
15
Location
Austin TX
Good evening all,

I'm a Realtor who is working with an investor to buy a studio here in Austin. The inspection report cited R302.5.1 in regards to the attached garage and I'm seeking input on the following issue:

Is an attached garage that leads into an open studio floor plan a violation of R302.5.1?

The code reads:

R302.5.1 Opening protection. Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. Other openings between the garage and residence shall be equipped with solid wood doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb-core steel doors not less than 13/8 inches (35 mm) thick, or 20-minute fire-rated doors, equipped with a selfclosing device.

The garage access door opens directly into the kitchen area of the studio, but there is no physical separation between the kitchen area and bedroom area.

Thoughts?
 
fatboy said:
Does not comply.....think CO gas.
Click to expand...
This is my initial thought. I'm struggling to figure out how this building ever passed inspection considering there are 8-10 of these units in this building.

Creating the separation is probably more work than he's up for.
 
So is a normal set up ?

You park your car in the garage

Open a door and walk into the kitchen area??
 
Should have asked inspection report

As in Real estate inspector and not a city inspector?

I would just ask the indpector what they meant.

May be as easy as a new door, or seal holes in Sheetrock

Plus kind of as you said, it more than likely met the code it was built under.

Plus, does it really matter?? Real estate home inspections are normally ignored by buyers and morgage companies,,, unless something serious
 
cda said:
So is a normal set up ?

You park your car in the garage

Open a door and walk into the kitchen area??
Click to expand...
Yes. The only other info that may be of value: the two car garage is shared between two units, that each have access to the garage from their own unit.
 
cda said:
Should have asked inspection report

As in Real estate inspector and not a city inspector?

I would just ask the indpector what they meant.

May be as easy as a new door, or seal holes in Sheetrock

Plus kind of as you said, it more than likely met the code it was built under.

Plus, does it really matter?? Real estate home inspections are normally ignored by buyers and morgage companies,,, unless something serious
Click to expand...
Yes, it was a real estate inspection. The inspector said he didn't consider it an issue since it technically entered into the kitchen area, but with no walls in the space and less than 10 feet from door to bed, it doesn't sit well with me.

In my opinion it matters for several reasons, pertaining to safety and value. He intends to lease the unit, and I would hate for a tenant to file a complaint code enforcement and lose his tenant and the ability to produce income until remedied. Even worse, I'd hate for the neighbor to start their car in the garage and injure or kill the tenant in their sleep with carbon monoxide poisoning.
 
1. Make sure the door meets current code

2. Make sure all penetrations are sealed between the garage and house.

There is nothing in the code, once you enter the house, requiring seperation.

I do not even think doors are required in bedrooms. So if you look at your own house, remove the bedroom doors, and you have the same situation.

There is nothing in the code requiring a bedroom to be a certain distance from a garage. In fact it can be directly above the garage.

Does co deaths happen yes. Had one in a two story apartment with garage attached by a stair, with door at bottom and top.


Seal it as good as possible
Put good smoke alarms in.

Put a couple co alarms in
 
CRC
R101.3 Scope. The provisions of this Code shall apply to the
construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, location,
removal, demolition, and grading of detached one- and two family
dwellings and townhouses not more than three stories
above grade plane in height with a separate means of egress
and their accessory structures...........

R302.5.1 Opening protection. Openings from a private
garage directly into a room used for sleeping purposes
shall not be permitted. Other openings between the garage
and residence shall be equipped with solid wood doors not
less than 13/8 inches (35 mm) in thickness, solid or honeycomb-
core steel doors not less than 13/8 inches (35 mm)
thick, or 20-minute fire-rated doors, equipped with self-closing
and self-latching devices.
Exception: Where the residence and the private garage
are protected by an automatic residential fire sprinkler
system in accordance with Sections R309.6 and R313,
other door openings between the private garage and
the residence need only be self-closing and self-latching.
This exception shall not apply to rooms used for
sleeping purposes.

CBC
406.3.4 Separation. Separations shall comply with the
following:
1. The private garage shall be separated from the
dwelling unit and its attic area by means of gypsum
board, not less than 1/2 inch (12.7 mm) in thickness,
applied to the garage side. Garages beneath habitable
rooms shall be separated from all habitable
rooms above by not less than a 5/8-inch (15.9 mm)
Type X gypsum board or equivalent and 1/2-inch
(12.7 mm) gypsum board applied to structures supporting
the separation from habitable rooms above
the garage. Door openings between a private garage
and the dwelling unit shall be equipped with either
solid wood doors or solid or honeycomb core steel
doors not less than 13/8 inches (34.9 mm) in thickness,
or doors in compliance with Section 716.5.3
with a fire protection rating of not less than 20 minutes.
Openings from a private garage directly into a
room used for sleeping purposes shall not be permitted.
Doors shall be self-closing and self-latching.

What year was it built and what code was in force. Does the Residential Code apply?

The separation has historically been about the spread of fire. In the recent past as I recall there was a description of the door that included the words "tight fitting". My recollection is certainly subject to failure now and then but the code has been relaxed and the tight fitting aspect is not there. Well unless I am the inspector...old habits and all of that.

Is a shared garage a private garage? I didn't find a definition of a private garage in either code. I did find a distinction that indicates that a shared garage is not a private garage. See the definition of a carriage house. Splitting hairs.
Allow me to split a few more. The code says, Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. The space is a dwelling unit. Is it ever referred to as a studio room, a sleeping room, a bedroom? No, it is a studio.

CARRIAGE UNIT. [HCD 1-AC] A dwelling unit with living
space on one or more floors immediately above a Group U,
private garage or garages. The footprint of the garage or
garages is used as the footprint for the remaining floor or
floors of the units above and the garage level contains no
habitable space.
Note: Dwelling units located over a common garage shall not
be considered carriage units.
 
Was the door iin the original plans?
Was the studio originally a studio or was it a studio apartment?
 
ICE said:
CRC
R101.3 Scope. The provisions of this Code shall apply to the
construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, location,
removal, demolition, and grading of detached one- and twofamily
dwellings and townhouses not more than three stories
above grade plane in height with a separate means of egress
and their accessory structures...........

R302.5.1 Opening protection. Openings from a private
garage directly into a room used for sleeping purposes
shall not be permitted. Other openings between the garage
and residence shall be equipped with solid wood doors not
less than 13/8 inches (35 mm) in thickness, solid or honeycomb-
core steel doors not less than 13/8 inches (35 mm)
thick, or 20-minute fire-rated doors, equipped with self-closing
and self-latching devices.
Exception: Where the residence and the private garage
are protected by an automatic residential fire sprinkler
system in accordance with Sections R309.6 and R313,
other door openings between the private garage and
the residence need only be self-closing and self-latching.
This exception shall not apply to rooms used for
sleeping purposes.

CBC
406.3.4 Separation. Separations shall comply with the
following:
1. The private garage shall be separated from the
dwelling unit and its attic area by means of gypsum
board, not less than 1/2 inch (12.7 mm) in thickness,
applied to the garage side. Garages beneath habitable
rooms shall be separated from all habitable
rooms above by not less than a 5/8-inch (15.9 mm)
Type X gypsum board or equivalent and 1/2-inch
(12.7 mm) gypsum board applied to structures supporting
the separation from habitable rooms above
the garage. Door openings between a private garage
and the dwelling unit shall be equipped with either
solid wood doors or solid or honeycomb core steel
doors not less than 13/8 inches (34.9 mm) in thickness,
or doors in compliance with Section 716.5.3
with a fire protection rating of not less than 20 minutes.
Openings from a private garage directly into a
room used for sleeping purposes shall not be permitted.
Doors shall be self-closing and self-latching.

What year was it built and what code was in force. Does the Residential Code apply?

The separation has historically been about the spread of fire. In the recent past as I recall there was a description of the door that included the words "tight fitting". My recollection is certainly subject to failure now and then but the code has been relaxed and the tight fitting aspect is not there. Well unless I am the inspector...old habits and all of that.

Is a shared garage a private garage? I didn't find a definition of a private garage in either code. I did find a distinction that indicates that a shared garage is not a private garage. See the definition of a carriage house. Splitting hairs.
Allow me to split a few more. The code says, Openings from a private garage directly into a room used for sleeping purposes shall not be permitted. The space is a dwelling unit. Is it ever refereed to as a studio room, a sleeping room, a bedroom? No, it is a studio.

CARRIAGE UNIT. [HCD 1-AC] A dwelling unit with living
space on one or more floors immediately above a Group U,
private garage or garages. The footprint of the garage or
garages is used as the footprint for the remaining floor or
floors of the units above and the garage level contains no
habitable space.
Note: Dwelling units located over a common garage shall not
be considered carriage units.
Click to expand...

The condo building was built in 1982, so I assume this code was in place at the time. Whether it is a shared or private garage is worth questioning, however it lives more as a private garage in my opinion. But whether that is the loophole here is a valid argument.
 
mark handler said:
Was the door iin the original plans?
Was the studio originally a studio or was it a studio apartment?
Click to expand...
Im not sure if the door is original to the plans, but it appears that it is. The studio was constructed purely for residential use. It is not an adaptive reuse of an industrial or commercial building.
 
You can have a studio that is associated with residential.
Many artists and architects do.
You cannot assume the current codes apply to this. You need more info.
 
In reviewing section 312.4 of the 1997 UBC, which was the model code that your units would have been built under, No doors shall open into a room used for sleeping.
So. it was a "Foul up" by the building dept., or doors were added later, which is still a
"Foul up".

Now, if someone dies, its on you or your apartment owner, because you are aware.
 
mark handler said:
In reviewing section 312.4 of the 1997 UBC, which was the model code that your units would have been built under, No doors shall open into a room used for sleeping.
So. it was a F*- up by the building dept. or doors were added later, which is still a F*-up.

Now, if someone dies, its on you or your apartment owner because you are aware.
Click to expand...


There is a door between the garage and rest of the house.

How far away from a garage door does it say a bedroom has to be??

Is a bedroom required to have a door??
 
cda said:
There is a door between the garage and rest of the house.

How far away from a garage door does it say a bedroom has to be??

Is a bedroom required to have a door??
Click to expand...
Not In a studio apartment
A studio apartment is typically a one room with a separation at the bathroom only
No door to the garage
 
mark handler said:
Not In a studio apartment
A studio apartment is typically a one room with a separation at the bathroom only
No door to the garage
Click to expand...


I release that

But what is the difference if I have a house.

Walk thru the garage door into say the kitchen

And directly to the right is a seperate bedroom,,,,
With no door??

What is the difference between that and a studio ??

Yes I understand not walking thru a door directly into a bedroom.

The co will get a person no matter where they are in the house
 
Catchy-Pictures-Of-Studio-Apartments-SPR622.jpg

Can that door go into an attached garage? no.
 
It doesn't really sound like a "1 or 2 family" building....I guess that would be where to start. Not sure if the IBC has the same language. With proper smoke and CO detection, and self closing gasketed door, I can't see this as a big issue. In CDA's court I think.
 
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