# Studio Apartment w/ Attached Garage (R302.5.1)



## Kevin Stokes (Oct 14, 2016)

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?


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## fatboy (Oct 14, 2016)

Does not comply.....think CO gas.


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## fatboy (Oct 14, 2016)

Create the separation...


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## Kevin Stokes (Oct 14, 2016)

fatboy said:


> Does not comply.....think CO gas.


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.


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## cda (Oct 14, 2016)

Welcome!!

Keep Austin weird


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## cda (Oct 14, 2016)

So is a normal set up ?

You park your car in the garage

Open a door and walk into the kitchen area??


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## cda (Oct 14, 2016)

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


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## Kevin Stokes (Oct 14, 2016)

cda said:


> So is a normal set up ?
> 
> You park your car in the garage
> 
> Open a door and walk into the kitchen area??


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.


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## Kevin Stokes (Oct 14, 2016)

cda said:


> Should have asked inspection report
> 
> As in Real estate inspector and not a city inspector?
> 
> ...


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.


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## cda (Oct 14, 2016)

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


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## Kevin Stokes (Oct 15, 2016)

Thank you CDA for your suggestions and input. Anyone else care to chime in?


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## ICE (Oct 15, 2016)

_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._


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## mark handler (Oct 16, 2016)

Was the door iin the original plans?
Was the studio originally a studio or was it a studio apartment?


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## Kevin Stokes (Oct 16, 2016)

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,
> ...



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.


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## Kevin Stokes (Oct 16, 2016)

mark handler said:


> Was the door iin the original plans?
> Was the studio originally a studio or was it a studio apartment?


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.


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## mark handler (Oct 16, 2016)

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.


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## mark handler (Oct 16, 2016)

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.


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## cda (Oct 16, 2016)

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.




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??


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## mark handler (Oct 17, 2016)

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??


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


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## cda (Oct 17, 2016)

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




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


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## cda (Oct 17, 2016)

There is no seperation required once you get inside a house


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## mark handler (Oct 17, 2016)

Can that door go into an attached garage? no.


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## steveray (Oct 17, 2016)

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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## cda (Oct 17, 2016)

mark handler said:


> Can that door go into an attached garage? no.




Wow 

Even with a door to the bedroom


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## cda (Oct 17, 2016)

mark handler said:


> Can that door go into an attached garage? no.



What if for Tesla car owners only??


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## cda (Oct 17, 2016)

But,,

I can locate a bedroom directly above a garage. Go figure


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## cda (Oct 17, 2016)

Seems like the code is more worried about fire, than CO


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## mtlogcabin (Oct 17, 2016)

steveray said:


> It doesn't really sound like a "1 or 2 family" building....I guess that would be where to start.


It falls under the IRC as it is a "dwelling unit" by definition and there is not more than two dwelling units onsite.. The issue is strictly fire. CO was not addressed in the codes until recently. Is there a separate door leading directly to the outside for egress purposes since the code prohibits you from exiting through a garage. 

DWELLING. Any building that contains one or two dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that are occupied for living purposes.
DWELLING UNIT. A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.


R311.1 Means of egress.
All dwellings shall be provided with a means of egress as provided in this section. The means of egress shall provide a continuous and unobstructed path of vertical and horizontal egress travel from all portions of the dwelling to the exterior of the dwelling at the required egress door without requiring travel through a garage.


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## steveray (Oct 17, 2016)

"there are 8-10 of these units in this building."


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## mtlogcabin (Oct 17, 2016)

steveray said:


> "there are 8-10 of these units in this building."



Missed that
Then the proper code section that should have been cited is; 

IBC

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.

It has been wrong since the day it was constructed unless there is a local amendment we are unaware of


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## cda (Oct 17, 2016)

Don't know which building code was adopted, at time they were constructed


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## steveray (Oct 18, 2016)

Findings
■■ An estimated 6,600 residential building garage fires were reported to United States fire
departments each year and caused an estimated 30 deaths, 400 injuries and $457 million
in property loss.
■■ Residential building garage fires are considered part of the residential fire problem and
comprised about 2 percent of all residential building fires.
■■ Fires originating in residential building garages tend to be larger and spread farther than fires
that start in other areas of a residence.
■■ Of residential building garage fires, 93 percent occurred in one- and two-family
residential buildings.
■■ The leading causes of residential building garage fires were “electrical malfunction” (16
percent); “other unintentional, careless” action (15 percent); and “open flame” (11 percent).
■■ Residential building garage fires occurred most often in the colder months of January and
December (at 10 percent each). Additionally, residential building garage fires also peaked in
July at 10 percent.
■■ Electrical arcing was the most common heat source in residential building garage fires
(17 percent).


What's 15% of 2%?


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## mark handler (Oct 18, 2016)

cda said:


> Don't know which building code was adopted, at time they were constructed


Check with the city. They should have records,if they were permitted.


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## mark handler (Oct 18, 2016)

cda said:


> Wow
> 
> Even with a door to the bedroom


If there is a door to the bedroom, then it is not opening directly into a sleeping room. But that would not be a studio apartment that would be a one bedroom apartment. A studio apartment does not have a door to the bedroom. it is typically a large room for all living functions and a bathroom.


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## steveray (Oct 18, 2016)

I think what CDA is saying and I kinda agree with is this: My sisters 5,000 sqft house has only 1 door between her bed and the garage, the garage door. But the bedroom is 75' away....There should be a line there, I just don't know where it is....


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## mark handler (Oct 18, 2016)

steveray said:


> I think what CDA is saying and I kinda agree with is this: My sisters 5000 sqft house has only 1 door between her bed and the garage, the garage door. But the bedroom is 75' away....There should be a line there, I just don't know where it is....


So, there are no doors on the bedrooms? Only a door between the house and the garage?


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## mark handler (Oct 18, 2016)

*Carbon monoxide* (*CO*) is slightly less dense than air; does it migrate? Yes, how far would depend on density. But there is nothing in the code that says after twenty from the source it is safe. And where would you measure the twenty feet from? tail pipe?

The code says a separation needs to be provided because of hazards. CO and fire come to mind. in the past we thought nothing of providing a wood burning or gas burning fire place in a bedroom. Now that too is a no-no.
Code change, code adapt, now with CO detectors, the door thing could go away?


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## cda (Oct 18, 2016)

Ok so I am almost done with this, just one more what if,,,,


What if the same layout,

But, I walk from the garage, through a door into a washer dryer room,,, say 6' x 6'
room, then through another door into the studio \ bedroom area???

Now am I legal ?


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## mtlogcabin (Oct 18, 2016)

The original code section is about fire and compartmentalizing buildings to reduce the spread of fire and smoke. (that is how it was done under the Legacy Codes) Smoke will kill you long before the fire gets to you even in your sisters house where the bedroom is 75 ft from the garage. If you have a bedroom door and it is closed you will have a greater time frame to awaken and escape before being overcome by smoke.  

http://www.nbcdfw.com/investigation...-Saving-Seconds-in-House-Fires-344042552.html


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## steveray (Oct 18, 2016)

mark handler said:


> So, there are no doors on the bedrooms? Only a door between the house and the garage?



No door on the master suite...Enter through a doorless right angle vestibule thingy....Funny MT, because she is in the DFW area, I am sure all of the detectors between them and the car hole would wake them pretty early on, giving more time to awaken and escape...IMO the door does you no good if you do not know there is a fire...


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## mtlogcabin (Oct 18, 2016)

20% of all smoke detectors in a fire incidence did not work. Most people do not know they have a 10 to 15 year life span and should then be replaced


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## Rick18071 (Oct 18, 2016)

Put in a CO2 alarm.


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## my250r11 (Oct 18, 2016)

IMO, the opening post said door opened into KITCHEN, Install CO2 alarm and 20 min properly sealed fire door with self closing hinges. Its an existing CofO structure not new build, think there is some over thinking going on.


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## fatboy (Oct 18, 2016)

Door opened into the studio, which contained the sleeping area, along with the kitchen/living. I don't think it is over-thinking. JMHO


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## north star (Oct 18, 2016)

*$ = $*



> *" What's 15%  of  2% ? "*


*0.003 %*

*$ = $*


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## ICE (Oct 18, 2016)

0.3%


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## north star (Oct 18, 2016)

*$ = $*

ICE,

You are correct sir !........My mistake !   

*$ = $*


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## rogerpa (Oct 19, 2016)

my250r11 said:


> Install CO2 alarm





Rick18071 said:


> Put in a CO2 alarm.



CO2 is not the problem. CO is the poisonous gas.


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## cda (Oct 19, 2016)

rogerpa said:


> CO2 is not the problem. CO is the poisonous gas.




CO2 is also a problem, if you have a beer keg set up.

http://www.cnn.com/2011/CRIME/09/14/georgia.mcdonalds.death/index.html


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