BCAB #1385 - Ventilation of Kitchen in Church Hall, NFPA 96, Sentence 126.96.36.199.(2) & Article 188.8.131.52.
March 14, 1995
Re: Ventilation of Kitchen in Church Hall, NFPA 96, Sentence 184.108.40.206.(2) & Article 220.127.116.11.
The project in question is a church hall addition which incorporates a servery kitchen. The kitchen contains two domestic ranges, two refrigerators and two double sinks.
Reason for Appeal
Sentence 18.104.22.168.(2) requires commercial cooking equipment used in processes producing grease-laden vapours to be designed and 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 Vapours from Commercial Cooking Equipment".
The appellant contends that the servery ranges are not used for commercial purposes and are primarily for warming previously prepared foods. The frequency and scope of use of the servery is less than that of a kitchen in a dwelling unit and the kitchen is not large enough for large scale food preparation.
Building Official's Position
The building official maintains that the scope of NFPA 96 basically requires its application to all cooking equipment other than that used for normal residential family use. As the cooking equipment installed in the servery kitchen is not for normal residential family use the NFPA standard applies.
Appeal Board Decision #1385
It is the determination of the Board that the kitchen in question is not used for commercial purposes and, based on the description of its use, is unlikely to produce grease laden vapours. Therefore, the ventilation system is not required to conform to NFPA 96. The Board must repeat the comments made in Appeal Decisions #1372 and #1378 that Sentence 126.96.36.199.(2) of the B.C. Building Code establishes when a ventilation system conforming to NFPA 96 is required. Once the need for the system has been determined it must be installed in conformance with NFPA 96. In other words the Code says when a ventilation system is required and the standard describes how to install it. The scope of NFPA 96 is overruled by the scope of the Building Code.
George R. Humphrey, Chair