BCAB #1372 - Kitchen Ventilation in Day Care Facility, NFPA 96' Sentence 126.96.36.199.(2) & Article 188.8.131.52.
December 16, 1994
Re: Kitchen Ventilation in Day Care Facility, NFPA 96' Sentence 184.108.40.206.(2) & Article 220.127.116.11.
The project in question day care centre/amenity building for a complex of residential buildings. The building is two storeys with the 1608 sq. ft. day care centre on the first storey and a one room community centre on the second storey. Each floor has a residential style kitchen with the one in the day care centre being about 65 sq. ft. in area.
Reason for Appeal
Sentence 18.104.22.168.(2) requires the equipment used in kitchens containing commercial cooking equipment and producing grease laden vapours to be designed installed in conformance with Part 6. Article 22.214.171.124. requires systems for the ventilation of restaurant and other commercial cooking equipment to be designed, constructed and installed to conform to NFPA 96, "Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment".
The appellant contends that the kitchen in this facility is intended to provide light meals and snacks for a small number of children (maximum 13) and does not contain, nor is provision made for, commercial cooking equipment. As such the production of grease and smoke laden vapours is most unlikely and ventilation equipment conforming to NFPA 96 should not be required.
The appellant points out the circumstances in this project are very similar to those in Appeal #1337 where the Board ruled that NFPA 96 ventilation equipment was not required for a kitchen in a day care centre on a college campus.
Building Official's Position
The building official maintains that their interpretation of Sentence 126.96.36.199.(2) is that any cooking equipment located other than in residential suites must have a kitchen exhaust hood for the removal of grease laden smoke and vapours. Formal interpretations of NFPA 96 contained in that document support their position.
Appeal Board Decision #1372
As in several previous appeals it is the determination of the Board that kitchen ventilation equipment conforming to NFPA 96 is not required for this type of kitchen because it is not used for commercial purposes and is unlikely to produce hazardous quantities of grease laden vapours. The Board wishes to point out that the B.C. Building Code establishes when and how a standard is applied. Interpretations of referenced standards by parties other than the Building Code Appeal Board may be useful as reference but they have no legal standing.
George R. Humphrey, Chair