BCAB #1220 - Ventilation of Cooking Equipment in Bed and Breakfast Accommodations - Sentence 126.96.36.199.(3) & Article 188.8.131.52.
October 23, 1990
Re: Ventilation of Cooking Equipment in Bed and Breakfast Accommodations - Sentence 184.108.40.206.(3) & Article 220.127.116.11.
A heritage house recently converted to a licensed six guest Bed and Breakfast facility. The owner/operators serve only a vegetarian breakfast to there guests which does not involve the creation of smoke or grease laden vapors.
Reason for Appeal
Sentence 18.104.22.168.(3) requires commercial cooking equipment which produces grease-laden vapors to be installed in conformance with Part 6 which in turn requires ventilation equipment installed in conformance with NFPA #96. "Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment."
The appellant contends that a Bed and Breakfast is little different than a single family dwelling and should not be considered as a commercial operation for the purposes of Sentence 22.214.171.124.(3). In addition, because they are vegetarians, their Breakfast preparation does not produce grease-laden vapors.
Building Official's Position
The building official maintains that a Bed and Breakfast is clearly a commercial operation as it functions mainly as a hotel for transient guests. He also references the Appendix to the 1990 National Building Code which he feels indicates that where the potential for grease-laden vapors exists a ventilation system conforming to NFPA #96 should be installed.
Appeal Board Decision #1220
The Board notes that item 2(i) of the Building Regulations of B.C. may exempt this building from the requirements of the B.C. Building Code but the Board has proceeded on the assumption that the Code does apply.
The applicability of NFPA #96 must be determined for each situation and blanket rulings are not possible. Thus the Bed & Breakfast that produces grease-laden vapors must comply with 126.96.36.199. and by reference, NFPA #96. Another commercial establishment which does not use cooking appliances in such a manner as to produce grease-laden vapors would not be required to comply with NFPA #96.
In this particular case if the food preparation process has no potential to produce grease-laden vapors then compliance with NFPA #96 is not required.
George R. Humphrey, Chair