SCUBA tank storage: apartment w/ no-hazmat lease
- Thread starter divestoclimb
- Start date
Please register or login
Welcome to ScubaBoard, the world's largest scuba diving community. Registration is not required to read the forums, but we encourage you to join. Joining has its benefits and enables you to participate in the discussions.
Benefits of registering include
- Ability to post and comment on topics and discussions.
- A Free photo gallery to share your dive photos with the world.
- You can make this box go away
Cyclops_Diver
Guest
I live in an apartment. Many times has my landlady seen the tanks and when she asked I told her what they were for. Breathing underwater in the recreational sport of Scuba diving. Now she wants go get certified. I think being recreational gear, she didnt even bat an eye.
However when I came back from the range with cases of long guns and ammo cans...she was less enthusiastic.
In all possibility she may freak because her uncles, brothers, aunt's dogs owner had a bad accident diving so now she wants nothing to do with the tanks or anything scuba and being as she is in control of the area you rent she can say pretty much what she wants. It would make that up to you to fight it in courrt...but why waste the time?
Bottom line: Sit down and talk to her. Tell her what they are and what they are for. Answer her questions and calm her fears, if any. Since none of us on here have any real clue as to what she would say.
However when I came back from the range with cases of long guns and ammo cans...she was less enthusiastic.
In all possibility she may freak because her uncles, brothers, aunt's dogs owner had a bad accident diving so now she wants nothing to do with the tanks or anything scuba and being as she is in control of the area you rent she can say pretty much what she wants. It would make that up to you to fight it in courrt...but why waste the time?
Bottom line: Sit down and talk to her. Tell her what they are and what they are for. Answer her questions and calm her fears, if any. Since none of us on here have any real clue as to what she would say.
From a property managers point of view (NOT AN ATTORNEY and I do not play one on TV). Consult an attorney for legal advice. IMHO Most standard leases in my state (CA) have a HAZMAT clause. In my mind I am thinking of things like chemicals, solvents, oils, explosives etc not SCUBA equipment being covered under this clause (but I can see where they could be included). Of course as a SCUBA diver, I would not think of this as HAZMAT because I am familiar with the equipment. Best to discuss with the manager before you sign the lease and ask them to define what they consider covered by the HAZMAT clause. I would also mention that you scuba dive and would be storing your air (stress AIR as everyone thinks they are oxygen) tanks there. You might also tell him/her that you are a trained oxygen provider (you are aren't you?) and have emergency oxygen in case a medical emergency should arise in the building.
Hoosier
Contributor
- Messages
- 5,974
- Reaction score
- 9
OMG... Who said the scuba tank is in the hazmat category?
Any scuba tanks belong to the individual isn't in the hazmat category. I have contacted with City, State and Lawyer for this matter. Check out the housing code on your city and state.
Don't you have any elderly neighborhood who is using 100% pure oxygen for the medical reason?
Do you think that they have a special permit except the medical prescription?
Do you know how many pure oxygen bottles they are breathing per week?
Do you think they know/concern their oxygen bottles more carefully than we do with our scuba tanks?
Any scuba tanks belong to the individual isn't in the hazmat category. I have contacted with City, State and Lawyer for this matter. Check out the housing code on your city and state.
Don't you have any elderly neighborhood who is using 100% pure oxygen for the medical reason?
Do you think that they have a special permit except the medical prescription?
Do you know how many pure oxygen bottles they are breathing per week?
Do you think they know/concern their oxygen bottles more carefully than we do with our scuba tanks?
mavdog
Contributor
Just sell them to me cheap and all your problems will be solved .
JKPAO
Contributor
Since I slept at holiday Inn last night ! .......... ???????????????? haz mat!!!!!!!!!!!!!!
are you kidding?
See you topside! John
are you kidding?
See you topside! John
JKPAO
Contributor
Please see Code of Federal Regulations Sub part H 172.700 Et a
You can get a good Idea of the who's and the why?
See you topside! John
You can get a good Idea of the who's and the why?
See you topside! John
Charlie99
Contributor
- Messages
- 7,966
- Reaction score
- 169
- # of dives
- 500 - 999
There are various ways to approach a problem like this.
Some people choose a very legalistic approach --- go look up what is exactly meant by Hazmat in various state and federal statutes, etc. IMO, DOT regulations are not all that relevant in this context.
Other people will look to the intent and goal of the clause in the lease --- which is either 1) to allow the landlord to stop an undesireable activity, or 2) is simply part of standard boilerplate lease that the landlady picked up somewhere.
The disadvantage of elevating this issue to a renegotiation of the lease is that it forces the landlord to make a decision. The landlord may be nervous about setting a precedent, and if they have other potential renters, the path of least resistance for the landlord is to simply say "NO".
The other element that a practical person would look at is what happens if there is a problem down the road. IF at some point down the road the landlord objects to the scuba tank, the solution is simple -- store them elsewhere.
I just don't see the benefit in making a big issue about it, unless the slight possibility of having to store tanks elsewhere is a big concern.
Some people choose a very legalistic approach --- go look up what is exactly meant by Hazmat in various state and federal statutes, etc. IMO, DOT regulations are not all that relevant in this context.
Other people will look to the intent and goal of the clause in the lease --- which is either 1) to allow the landlord to stop an undesireable activity, or 2) is simply part of standard boilerplate lease that the landlady picked up somewhere.
The disadvantage of elevating this issue to a renegotiation of the lease is that it forces the landlord to make a decision. The landlord may be nervous about setting a precedent, and if they have other potential renters, the path of least resistance for the landlord is to simply say "NO".
The other element that a practical person would look at is what happens if there is a problem down the road. IF at some point down the road the landlord objects to the scuba tank, the solution is simple -- store them elsewhere.
I just don't see the benefit in making a big issue about it, unless the slight possibility of having to store tanks elsewhere is a big concern.
Similar threads
