BCAB #1337 - Ventilation of Kitchen in Daycare Centre, NFPA 96, Sentence 126.96.36.199.(2) & Article 188.8.131.52
February 16, 1994
Re: Ventilation of Kitchen in Daycare Centre, NFPA 96, Sentence 184.108.40.206.(2) & Article 220.127.116.11
The project in question is a daycare centre on a college campus. The single storey building contains two residential style kitchens of about 70 ft2 each.
Reason for Appeal
Sentence 18.104.22.168.(2) requires kitchens containing commercial cooking equipment used in processes producing grease laden vapours to have the equipment designed and installed in conformance with Part 6. Article 22.214.171.124. requires ventilation systems for restaurant and other commercial cooking equipment to conform to NFPA 96, "Installation of Ventilation Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment".
The appellant contends that a ventilation system conforming to NFPA 96 is not required for these two kitchens because they produce only light meals and snacks, do not produce smoke or grease-laden vapors, do not contain commercial type cooking equipment and are under the strict control of supervisory staff. The appellant refers to Appeal #1311 which dealt with the same issue and stated , in part, that both hazardous vapours and commercial cooking had to exist for NFPA 96 ventilation equipment to be required.
Building Official's Position
The building official maintains that because the daycare centre may be considered an institutional use and not a single family residential use, there are small children present and there is no guarantee that grease-laden vapours will not be produced a ventilation system conforming to NFPA 96 is required. Their understanding is that NFPA 96 is intended to cover residential type equipment used in other than regular family use such as employee kitchens or break areas and church hall kitchens.
Appeal Board Decision #1337
It is the determination of the Board that Sentence 126.96.36.199.(2) does not apply to this project. The Board does not consider the kitchens are used for commercial cooking as intended by the Code.
George R. Humphrey, Chair