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BCC Ruling No. 95-44-464

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BUILDING CODE COMMISSION DECISION ON B.C.C. #95-44-464

IN THE MATTER OF Subsection 24(1) of the Building Code Act, 1992.

AND IN THE MATTER OF Article 6.2.2.6. of the Revised Regulation of Ontario 1990, Regulation 61, as amended by O.Regs. 400/91, 158/93, 160/93 and 355/94 (the "Building Code").

AND IN THE MATTER OF an application by Mr. Daniel Chew, Chairman/Elder, Calvary Bible-Presbyterian Church for the resolution of a dispute with Mr. Agris Robeznieks, Chief Building Official, City of Mississauga, concerning whether the residential cook top stove and exhaust system used once a month for cooking classes, where the products are precooked provides sufficiency of compliance with Article 6.2.2.6. of the Building Code, at 3065 Ridgeway Drive, Mississauga, Ontario.

APPLICANT

Calvary Bible-Presbyterian Church
Mississauga, Ontario

RESPONDENT

Mr. Agris Robeznieks
Chief Building Official
City of Mississauga

PANEL

Mr. Roy Philippe, Chair
Mr. Sang Shim
Ms. Lesia Beznaczuk

PLACE

Toronto, Ontario

DATE OF RULING

October 5th, 1995

APPEARANCES

Ms. Christina Kokosky, Architect
Christina Kokosky Architect
For the Applicant

Mr. Greg Phelps, Acting Chief Inspector
Fire and Emergency Services
AND
Fire and Emergency Services
Manager, Build. & Inspect.
City of Mississauga
For the Respondent

RULING

  1. The Applicant

Mr. Daniel Chew, Calvary Bible-Presbyterian Church is an applicant for a permit under the Building Code Act, 1992 to install a residential cook top and exhaust system in the kitchenette area of the recreation hall of the Church at 3065 Ridgeway Drive, Mississauga, Ontario.

  1. Description of Constrution

The subject Church includes an area where household cooking equipment will been installed for the purpose of conducting cooking demonstrations. The stove will also be used for warming foods, and coffee and tea preparation. Commercial type cooking will not be permitted.

  1. Dispute

The dispute between the Applicant and Respondent concerns sufficiency of compliance with the technical requirements of Article 6.2.2.6. of the Building Code. At issue is whether the requirements of NFPA-96, "Installation of Equipment for the Removal of Smoke and Grease-Laden Vapours from Commercial Cooking Equipment" need be applied to the residential cooking equipment being used for the purpose of conducting cooking demonstrations.

  1. Provision of the Building Code

Article 6.2.2.6. Commercial Cooking Equipment

Systems for the ventilation of restaurant and other commercial cooking equipment shall be designed, constructed and installed to conform to NFPA-96, "Installation of Equipment for the Removal of Smoke and Grease-Laden Vapours from Commercial Cooking Equipment", except as required by Sentences 3.5.3.1.(1) and Article 3.5.4.2.

  1. Applicant's Position

The Applicant submitted that residential cooking equipment is being proposed for the purpose of conducting cooking demonstrations.

The Applicant submitted that the proposal to use a residential cook top and exhaust was turned down on the basis that grease laden vapours produced by the proposed use would create a hazard of significant measure to warrant the use of a commercial exhaust system employing a fire suppression system. It is the Applicant's position that the production of grease vapours would be so minimal as to render an insignificant threat to fire safety for the following reasons:

  1. The maximum frequency of cooking classes would be once a month.

  1. Precooked products would be used for the cooking classes.

  1. The cooking process would be confined to demonstration purposes of the precooked food and for very small quantity.

  1. Cooking classes would be limited to demonstration only by a qualified individual experienced in the preparation and processes involved with the particular demonstration.

  1. Attendance to the classes is anticipated to be at most 20 people.

  1. No commercial type cooking will be permitted.

  1. Food quantities will be restricted to samples which will only be warmed on site and not prepared on site.

  1. With the exception of coffee and tea preparation, cooking for assembly of people will not occur.

  1. A sign will be posted restricting cooking to: demonstration purposes of precooked food only, warming foods, coffee and tea preparation.

  1. Chief Building Officials Position

The Respondent submitted that the installation of cooking for the preparation of meals in industrial, commercial or institutional applications requires an exhaust system designed in conformance with NFPA-96.

The Respondent submitted that there have been many formal interpretations issued by the National Fire Protection Association (NFPA) to clarify the scope of NFPA-96. These interpretations confirm that NFPA-96 is applicable to these types of installations and that the Authority Having Jurisdiction should be consulted.

The Respondent also submitted that in similar circumstances over the years it has been found that, once installed, demand as well as the variety of food preparation increases generating a more significant hazard.

  1. Commission Ruling:

It is the decision of the Building Code Commission that the residential cook top and exhaust system shows sufficiency of compliance with the Building Code provided that:

    1. No commercial type cooking is permitted.

    1. No more than 20 people are present within the demonstration area at any one time.

    1. Use of the stove is restricted to occasional cooking demonstration only attended by trained personnel at all times.

    1. A sign will be posted restricting cooking to demonstration purposes of precooked food only warming foods, coffee and tea preparation.

    1. Demonstrations are carried out by persons trained in the use of the cooking equipment and fire extinguishers.

    1. Fire extinguishers must be located where clearly visible.

    1. The stove will be electric.

    1. No other stoves or cooking ovens are permitted within the demonstration area.

    1. The sprinkler protection in the area must be maintained.

  1. Reasons:

  1. The stove is a residential - type stove.

  1. Limited smoke or grease-laden vapours will be produced by the preparation of meals.

  1. Cooking is for demonstrations only and is not continuous as in most commercial applications.

  1. Only trained personnel will operate the equipment.

  1. The area is sprinklered and portable extinguishers will be provided.

Dated at Toronto, this 5th day, in the month of October, in the year 1995, for application number 1995-38.

Roy Philippe

Sang Shim

Lesia Beznaczuk