BCAB #1388 - Clearance for Commercial Kitchen Exhaust Discharge, NFPA 96, Article 6.2.2.6.

April 20, 1995

BCAB #1388

Re: Clearance for Commercial Kitchen Exhaust Discharge, NFPA 96, Article 6.2.2.6.

Project Description

The project in question is a new restaurant building built to a standard design of the nation-wide chain. The commercial kitchen ventilation system discharges above the roof adjacent to a parapet/sign/canopy support structure that is part of the restaurant building.

Reason for Appeal

Article 6.2.2.6. requires ventilation systems for commercial cooking equipment to be designed, constructed and installed in conformance with NFPA 96, "Installation of Equipment for the Removal of Smoke and Grease-Laden Vapors from Commercial Cooking Equipment". NFPA 96, in section 3-8.2.2 requires a minimum clearance of 10 feet between the ventilation duct outlet and "...adjacent buildings, property lines and air intakes.".

Appellant's Position

The appellant contends that the parapet is not an adjacent building but is part of the building containing the ventilation system and the 10 foot clearance does not apply.

Building Official's Position

The building official contends that the 10 foot clearance is needed and bases this decision on Appeal #753 which was based on very similar circumstances. Appeal #753 stated in part, "For this circumstance we would consider the ten foot clearance as applicable to an adjacent section of the same building."

Appeal Board Decision #1388

It is the determination of the Board that the 10 foot clearance to adjacent buildings required by section 3-8.2.2 of NFPA 96 does not apply to portions of the building in which the kitchen ventilation system is installed. Notwithstanding the decision in Appeal #753 the Board considers the intent of section 3-8.2.2 is to restrict potential fire spread to other buildings.

George R. Humphrey, Chair