Code question: last resort for this layperson

[jamiejohnson]

This is long winded but the backstory is necessary for my question. I am a single mother and live in an apartment complex (BeeCave, TX Travis County) with 3 separate single car garage attached to my building. 1 is attached directly to my unit and the other 2 are stand-alone. My 6-year son’s bedroom & closet shares a wall with my neighbor’s garage, who typically uses it for storage & a workshop area for his Harley. That is until recently he got a hot rod and now keeps it parked in the garage. The first 24-hrs after the vehicle had been sitting in the garage (no ventilation & door completely shut), I was cleaning out old toys and clothes in my son’s room/closet and noticed a smell but could not identify what it was and continued to work before eventually opening a window to air out the room because the ceiling fan wasn’t working properly. After 2-3 hours I became very disoriented & confused and my eyes & throat were burning so I called poison control who advised that I seek medical attention & get on oxygen ASAP. I also called the front office and requested that maintenance come investigate the smell & informed them about my condition. While being treated in the ER for chemical inhalation injury, the management office reported back to me saying they resolved “the issue” (did not disclose what it was) & said they would fix the fan. The following day I bought a carbon monoxide/explosive gas detector for my sons room because there are no CO detectors in my unit. Later that week, I was back in the closet moving a large box that was partially blocking a cable connection enclosure (I think that’s what it is but really don’t know) mounted on the closet wall that’s attached to my neighbors garage on the other side. The vents on the door caught my attention so I opened it (first time I’ve ever looked in it since moving in Nov 2020). Please see the photos attached. I am absolutely horrified by the sight of this.

Of course I know nothing about what I am actually looking at but I do know that there’s lots of missing insulation here & I can reach through and touch the wall that has a garage on the other side of it and that air and toxic fumes are flowing freely through the ventilated enclosure and this is 100% what caused my chemical exposure & injury.

The attorneys I’ve spoken with have said they don’t think a judge with order the apartment complex to fix the hole and I should just move. But how could they not if the current condition is unsafe & does not meet code requirements? I need help identifying what the exact code violation(s) are in question. Then I need to know who to call to get a professional inspection (other than the city of BeeCave bc they basically said to kick rocks and this is an issue between me and private property owner) to have documentation & what governing body to report to?

The manufacturer of the enclosure (Soho Access by Suttle SAE-28DC) was bought out several years ago. They used to have a certified installer program but I cannot find any contact information to have someone verify if it’s installed as per manufacturer recommendations.

These are the codes for city of BeeCave.

• 2015 International Building Code
• 2015 International Mechanical Code
• 2015 International Plumbing Code
• 2015 International Fuel Gas Code
• 2015 International Fire Code with Amendments
• 2017 National Electric Code. Any advice or recommendation would be greatly appreciated!

 

[ycgoat]

My understanding of the codes is limited, but I believe the garage wall is required to be a continuous border, which I believe around here typically means the wall panels on the garage side are 2 layers of sheet rock, or 1/2" ply wood. The cable enclosure is on the protected side of that paneling and the paneling would have been inspected when installed, so I do not think it is a code violation. The holes in the enclosure are to dissipate heat from devices inside the enclosure and is also code compliant.

It is possible that there have been holes punched in the garage wall over time, and that is allowing air movement into your closet; but to be sure the neighbor is not leaving the car running in the garage especially with the door closed. That would be even more dangerous for him.

If I had your concerns about that vented enclosure recessed in the garage wall, I would seal it up by putting plastic or spray foam around it. It looks to be easily removable. I would also look for other causes of your illnesses, especially if there has not been any toxic gas levels detected and identified in the area. I believe that car exhaust is Carbon Dioxide, so make sure your detectors will alarm for that.

 

[PCustoms]

I don't see anything wrong with the install of that enclosure. It's a low voltage/network vented enclosure.

There are building codes for adjoining residences and shared walls with garages. Doubt those were violated, but maybe.

The fact that you've contacted an attorney is a bit alarming. Take their advice and move.

 

[u2slow]

There are building codes for adjoining residences and shared walls with garages.

This is my thought too. Having worked in construction for many years, I would say that box install isn't good enough for a common wall.

Around here we have a tenancy authority that resolves issues like this. You make a report, they step in and force a remedy. If it can't be fixed promptly, they have the power to offer you alternate accommodation at the landlord's expense.

 

[wyliesdiesels]

that is a low voltage wiring and device enclosure. nothing to be alarmed about. ive installed many of those, though a different brand. the vents are for ventilation and would have nothing to do with being exposed to toxic gases....

its possible the wall was not built correctly and is allowing vapors through but you would need to do testing to figure out what vapors are getting through and then give the reports to the mngmt

 

[ybnormal]

Bee Cave is right next to Lakeway, all of it mostly upscale, not in Austin. Typically your maintenance guy at an apartment complex isn't going to do anything that the front office doesn't authorize. From what I can see in the pics, this is not a thing they'll worry about. While I agree it could have been installed better, that's Texas for you. It's "just good enuff"
have you spoken with the neighbor who uses that garage? have you contacted the city of Bee Cave about a possible code violation?

 

[jamiejohnson]

My understanding of the codes is limited, but I believe the garage wall is required to be a continuous border, which I believe around here typically means the wall panels on the garage side are 2 layers of sheet rock, or 1/2" ply wood. The cable enclosure is on the protected side of that paneling and the paneling would have been inspected when installed, so I do not think it is a code violation. The holes in the enclosure are to dissipate heat from devices inside the enclosure and is also code compliant.

It is possible that there have been holes punched in the garage wall over time, and that is allowing air movement into your closet; but to be sure the neighbor is not leaving the car running in the garage especially with the door closed. That would be even more dangerous for him.

If I had your concerns about that vented enclosure recessed in the garage wall, I would seal it up by putting plastic or spray foam around it. It looks to be easily removable. I would also look for other causes of your illnesses, especially if there has not been any toxic gas levels detected and identified in the area. I believe that car exhaust is Carbon Dioxide, so make sure your detectors will alarm for that.

Thanks for your response. You mentioned that the cable enclosure is located on the “protected side” of the paneling and the paneling would have been inspected when installed. I believe No less than 1/2 inch gypsum board is the garage/dwelling wall separation requirement.
1. What exactly is providing said protection?
-The paneling itself? (On the garage side)
2. Yes, the paneling would have been inspected when it (the paneling) was installed but what about the installation of the enclosure?
3. Isnt the “protection” on my side compromised with having large gaps & missing insulation?

The neighbor confirmed that the hot rod had a leak in the fuel line at the time the incident occurred.

I cannot physically make any permanent changes to mitigate the issue as I am renting.

 

[dcg9381]

Yep, this is a low voltage / structuring wiring box. It's designed to fit "into" a wall cavity like that.
There is nothing illegal about having it be perforated/vented like that. There is no real requirement that the insulation be addressed.
What's keeping smells out of your residence is the requirement for a fire-block (drywall) between that room and the garage. Even then, that drywall can be done in pieces. It's never going to be air tight.

My "guess" is that the vehicle had a fuel spill which is what you were smelling. Worst case, it was left running (which is a big deal) - but would be picked up on a c02 detector.

Is your chemical exposure one time? IE, it's currently resolved right now? I don't really know how to keep smells from the garage from coming inside other than by pressure differential. Opening a window, if it causes negative pressure on the garage side may or may not bring smells in...

I think you're looking for a code violation, I don't really see anything outside of what is typical in Texas construction in the area.

 

[jamiejohnson]

that is a low voltage wiring and device enclosure. nothing to be alarmed about. ive installed many of those, though a different brand. the vents are for ventilation and would have nothing to do with being exposed to toxic gases....

its possible the wall was not built correctly and is allowing vapors through but you would need to do testing to figure out what vapors are getting through and then give the reports to the mngmt

Would you install an enclosure like that on a common wall between a dwelling and attached garage?

My neighbor confirmed that his hot rod had a leak in the fuel line at the time the incident occurred. The vapors were for sure coming from his garage.

 

[dcg9381]

1. What exactly is providing said protection?
-The paneling itself? (On the garage side)
2. Yes, the paneling would have been inspected when it (the paneling) was installed but what about the installation of the enclosure?
3. Isnt the “protection” on my side compromised with having large gaps & missing insulation?

The neighbor confirmed that the hot rod had a leak in the fuel line at the time the incident occurred.

I cannot physically make any permanent changes to mitigate the issue as I am renting.

1) The drywall on the garage side. It's a "fire stop". It's typically installed in 4x8 sheets. No other barrier is really required.
2) The enclosure likely went in at some time, as it's "low voltage" - there really isn't much oversight of these. They are allowed to be vented (heat). It's just like a "between studs" wall safe. This is allowed in Texas, it would pass (at least w/o the equipment being in it).
3) No. Typical insulation passes fumes. It'd be "better" to have two solid sheets of drywall, but code allows for low voltage inserts, wall safes, stuff like this.

Seems root cause was a fuel leak. Even if that panel was patched, bet you would have taken on a bunch of fumes... Seems like you're looking to sue someone, take to an attorney, but I don't see defective construction here.. Someone had a fuel leak, gas fumes can impact some people pretty substantially. Sounds like the got it resolved fast.

 

[u2slow]

Wall integrity... between units, and garage vs living space is a Code issue; specifically air sealing and fire mitigation.

@jamiejohnson Is there not a rental/tenancy authority for your area? What would your fire marshall say? Those guys usually have to perform regular checks in apartment complexes.

 

[ycgoat]

Thanks for your response. You mentioned that the cable enclosure is located on the “protected side” of the paneling and the paneling would have been inspected when installed. I believe No less than 1/2 inch gypsum board is the garage/dwelling wall separation requirement.
1. What exactly is providing said protection?
-The paneling itself? (On the garage side)
2. Yes, the paneling would have been inspected when it (the paneling) was installed but what about the installation of the enclosure?
3. Isnt the “protection” on my side compromised with having large gaps & missing insulation?

The neighbor confirmed that the hot rod had a leak in the fuel line at the time the incident occurred.

I cannot physically make any permanent changes to mitigate the issue as I am renting.

1. Yes -The paneling itself. (On the garage side)
2. If the enclosure was installed as part of the original construction it would have been part of the inspection
3. The yellow fiberglass insulation seen in the pics is for thermal protection. I do not know if a vapor barrier is required or installed.

You could start by asking your land lord to seal the box for you, if you do not feel comfortable doing it yourself. Or tape a plastic sheet / bag over the hole thing.

 

[dcg9381]

Wall integrity... between units, and garage vs living space is a Code issue; specifically air sealing and fire mitigation.

@jamiejohnson Is there not a rental/tenancy authority for your area? What would your fire marshall say? Those guys usually have to perform regular checks in apartment complexes.

Vapor barriers are typically done on exterior walls in the area. They're not done between garage and "heated" space.

All that is required here is a single sheet fire stop that is continuous (drywall). If she had holes in the "garage side" drywall, that might be a problem. Having a low voltage box on the inside drywall of an exterior wall / garage wall is not atypical, yea, they often displace insulation.

I don't think, if you spill a bunch of gas in most garages, that you're not going to get some fumes in the adjacent residential area.

 

[u2slow]

Vapor barriers are typically done on exterior walls in the area. They're not done between garage and "heated" space.

All that is required here is a single sheet fire stop that is continuous (drywall). If she had holes in the "garage side" drywall, that might be a problem. Having a low voltage box on the inside drywall of an exterior wall / garage wall is not atypical, yea, they often displace insulation.

I don't think, if you spill a bunch of gas in most garages, that you're not going to get some fumes in the adjacent residential area.

Between units here, the standard is what's known a 'party wall'.

What I've experienced is each side of wall has its own studs and insulation, thicker drywall (i forget if doubled or just 5/8" FR) and is sealed. Electrical boxes facing either side may not share a stud bay, and any boxes in the wall get wrapped in a mastic putty-pad for air/fire/smoke resistance.

I do find a bedroom with a data utility box next to a neighbouring unit's garage a bit odd. If that bedroom was a garage originally, it's walls may not have required these extra measures.

 

[Ole Slewfoot]

It's not between units as garages are uninhabited.

But... If you OP lack the will or ability to make changes, tape it up, and wave a cigarette or incense around to be sure you did a good enough job.

 

[wyliesdiesels]

Thanks for your response. You mentioned that the cable enclosure is located on the “protected side” of the paneling and the paneling would have been inspected when installed. I believe No less than 1/2 inch gypsum board is the garage/dwelling wall separation requirement.
1. What exactly is providing said protection?
-The paneling itself? (On the garage side)
2. Yes, the paneling would have been inspected when it (the paneling) was installed but what about the installation of the enclosure?
3. Isnt the “protection” on my side compromised with having large gaps & missing insulation?

The neighbor confirmed that the hot rod had a leak in the fuel line at the time the incident occurred.

I cannot physically make any permanent changes to mitigate the issue as I am renting.

no, insulation provides no such protection from fumes. insulation is solely for temperature and noise control....

only way to control vapors and fumes is with a vapor barrier on the garage side.... and that is not my area of expertise so i dont know if its even required in your building situation....

 

[wyliesdiesels]

Would you install an enclosure like that on a common wall between a dwelling and attached garage?

My neighbor confirmed that his hot rod had a leak in the fuel line at the time the incident occurred. The vapors were for sure coming from his garage.

no i wouldnt because of possible temperature and noise issues related to the missing insulation. I would install it on an interior wall that typically doesnt have insulation in it but.....

it's not a code issue to do so, so you wont be able to get them to change it.... and not having it there won't prevent fumes from coming into your house as ive previously explained....

 

[wyliesdiesels]

1. Yes -The paneling itself. (On the garage side)
2. If the enclosure was installed as part of the original construction it would have been part of the inspection
3. The yellow fiberglass insulation seen in the pics is for thermal protection. I do not know if a vapor barrier is required or installed.

You could start by asking your land lord to seal the box for you, if you do not feel comfortable doing it yourself. Or tape a plastic sheet / bag over the hole thing.

that wont accomplish anything related to her situation with fumes and it could cause any telco equipment in there (i do see a fiber to copper media converter, which do get hot, most likely owned by AT&T) to overheat, causing more issues.

 

[Half-fast eddie]

Install a CO detector in that closet. If it goes off, call the manager and follow up in writing.

 

[wyliesdiesels]

Install a CO detector in that closet. If it goes off, call the manager and follow up in writing.

a CO detector will not "go off" (did you mean alert?; going off would be a bad thing) for gasoline vapors...

 

[Half-fast eddie]

My point was, she needs verifiable evidence to prove there is a problem. A bunch of strangers commenting on her story and pictures is not going to convince anyone she has a problem.

 

[Ole Slewfoot]

Here co detection is mandatory in rentals. I guess Texas pride doesn't allow for that.

 

[Half-fast eddie]

Here co detection is mandatory in rentals. I guess Texas pride doesn't allow for that.

Or it’s a rogue landlord. Rentals also require a deadbolt with no external key.

 

[ybnormal]

for all those commenting on the situation about "why is this allowed? etc etc"
...Texas is obviously not as great as they like it to sound. this is a state very light on regulatory requirements for business and is extremely pro-business. ponder that thought for a second and you'll immediately recognize what that implies elsewhere.

Renter's Rights | Office of the Attorney General

The most important source of information about your relationship with your landlord is your rental agreement, whether it is written or oral. Some landlords prefer oral agreements, but it is more common for them to require your signature on a written lease. Be sure to read the lease carefully...

www.texasattorneygeneral.gov

note the minimal rights granted to tenants and required of renters. Austin is different but she ain't in Austin.

 

[Firebrick43]

Here co detection is mandatory in rentals. I guess Texas pride doesn't allow for that.

Gasoline leaks are not going to set off a CO detector. Gasoline Vapors are not going to cause an "injury" either from exposure. Most of us here on the journal would be dead if they did. Sounds like you had an anxiety attack or something that was triggered by the smells due to a sensitivity.

 

[wyliesdiesels]

for all those commenting on the situation about "why is this allowed? etc etc"
...Texas is obviously not as great as they like it to sound. this is a state very light on regulatory requirements for business and is extremely pro-business. ponder that thought for a second and you'll immediately recognize what that implies elsewhere.

Renter's Rights | Office of the Attorney General

The most important source of information about your relationship with your landlord is your rental agreement, whether it is written or oral. Some landlords prefer oral agreements, but it is more common for them to require your signature on a written lease. Be sure to read the lease carefully...

www.texasattorneygeneral.gov

note the minimal rights granted to tenants and required of renters. Austin is different but she ain't in Austin.

Not much better in cali... tons of slumlords.... local governments dont do much about it... i read thehorror stories weekly

 

[RPH]

Gasoline leaks are not going to set off a CO detector. Gasoline Vapors are not going to cause an "injury" either from exposure. Most of us here on the journal would be dead if they did. Sounds like you had an anxiety attack or something that was triggered by the smells due to a sensitivity.

OSHA is establishing an 8-hour TWA of 300 ppm, supplemented with a STEL of 500 ppm, to ensure that workplace exposure levels to gasoline do not exceed the TWA level for any length of time; these limits are intended to protect against narcosis. OSHA concludes that the 8-hour TWA and STEL being promulgated in the final rule will substantially reduce the significant risks posed to workers exposed to gasoline in their places of work. These exposure-related health effects, which include narcosis and liver and kidney damage, clearly constitute material impairments of health within the meaning of the Act.


It appears research shows otherwise. Also child’s room, that means even less exposure is required for damage.
Would you risk you child’s health?

 

[KansasArt]

When you sought medical attention, did the provider tell you what you were exposed to? It’s a simple blood test to see if it was C0.

 

[kmacht]

“Chemical inhalation injury”, “the attorney said”, first time poster…. Someone’s just on here for the sole purpose of trying to justify a lawsuit and get a payday out of it. If they actually cared about their health instead of a lawsuit the poster would have gone and talked to the neighbor who owns the garage and just asked about the smell.

 

[Jay H 237]

Some of this possible "code" would have to be back when the unit was built, may not meet current code and not required to either. Not mentionedf how old this complex is or ever had a major renovation.

The data box was added later it looks but that would have been by the providers employee or sub contractor. The closet and garage area was likely the easiest less obtrusive area to get cable/phone/internet into the unit without having the box in the bedroom itself. I know of no inspections required for low voltage, or phone/DSL, or cable installations by me. The moved/missing insulation isn't uncommon as they snake the wires down the wall it gets pushed out of the way and no easy way to fluff it back into place after without pulling the box out or cutting another hole to be patched up later. Then if another wire gets added it's back to the same again.

I'm not seeing anything really bad there, maybe could be a little neater, but we're talking rental units usually not done to the highest quality or neatness of work on anything.

 

[Firebrick43]

OSHA is establishing an 8-hour TWA of 300 ppm, supplemented with a STEL of 500 ppm, to ensure that workplace exposure levels to gasoline do not exceed the TWA level for any length of time; these limits are intended to protect against narcosis. OSHA concludes that the 8-hour TWA and STEL being promulgated in the final rule will substantially reduce the significant risks posed to workers exposed to gasoline in their places of work. These exposure-related health effects, which include narcosis and liver and kidney damage, clearly constitute material impairments of health within the meaning of the Act.


It appears research shows otherwise. Also child’s room, that means even less exposure is required for damage.
Would you risk you child’s health?

That is long term exposure, just like drinking alcohol will damage your liver if you drink consistently over long periods of time.

The OP (by what was written) was briefly exposed by a gasoline leak that was of short duration and was rectified.

If the STEL was exceeded I am baffled how the smell would not be instantly identifiable as gasoline?

Of course I would not risk my child's health and she did the right thing by contacting management and according to her they rectified the issue. It just appears they wanted more than fixing the issue.

 

[Jim greengo]

That should be a fire rated wall between garage and any living area.
Instead of wasting money on a lawyer,I'd just call your local code enforcement and see what they say.

 

[ybnormal]

That should be a fire rated wall between garage and any living area.
Instead of wasting money on a lawyer,I'd just call your local code enforcement and see what they say.

define 'fire-rated' as the state of Texas uses in their 'high standards' of building code

 

[Jim greengo]

Well you could always call the local inspector at the city or county and ask him.
Om guessing he'd have a better answer than the lawyer did.

 

[ybnormal]

see post #6 above

 

[u2slow]

define 'fire-rated' as the state of Texas uses in their 'high standards' of building code

Don't need to define. The fire marshall that regularly inspects the apartment complex will know what standards need to be upheld.

 

[Firebrick43]

define 'fire-rated' as the state of Texas uses in their 'high standards' of building code

BeeCave has adopted the following

• 2015 International Building Code
• 2015 International Mechanical Code
• 2015 International Plumbing Code
• 2015 International Fuel Gas Code
• 2015 International Fire Code with Amendments
• 2017 National Electric Code

If you look 90 percent of the states are the same or a modified version of the the 2015 codes, and most of the rest are behind the 2015 code(2012 or so) Only a select few have adopted the 2018 codes so far.

 

[ybnormal]

Don't need to define. The fire marshall that regularly inspects the apartment complex will know what standards need to be upheld.

you're assuming the Fire Marshall does regular inspections. landlords are required to use a Certified Inspection Company on a regular basis. again, the state of Texas is very light on regulatory requirements. the Certified companies do their job, but the requirements....?

Notices: SFMO codes and standards

Notices: SFMO codes and standards

www.tdi.texas.gov

No, I haven't read the code, but I have been here 40+ yrs, dealt with government in various areas, including code in my house after a fire. and if something has been built before a standard, then it does not have to be upgraded, it is grandfathered in, even if a renovation is done (unless it's an extreme renovation). Renters Rights practically do not exist here, except in progressive cities like Austin, which the OP is not in.

 

[u2slow]

you're assuming the Fire Marshall does regular inspections. landlords are required to use a Certified Inspection Company on a regular basis. again, the state of Texas is very light on regulatory requirements. the Certified companies do their job, but the requirements....?

Honestly, I don't know much of anything about Texas.

Basic fire protection is probably the best angle to explore; since nobody else cares about building code after it's built.

Home rentals around here don't require any 3rd party inspections, but apartment complexes definitely do.

 

[Super38ACP]

It is an AT&T fibre box and it is non-functional with the fibre to copper converter unplugged and most to the ends off the CAT6.

Assuming they will respond to you i'd think your best bet short of listening to the lawyer would be to call them.

The overspray suggest it might have been there when the wall texture was sprayed.

Homes - even single family dwellings are not sealed if your car leaks fuel you will smell it inside your house, even a new expensive house if your garage is attached to the house.

In GA you'd have to drywall a shared garage ][ dwelling wall with X-Code 5/8 one layer on the garage side for residential IIRC.