BCAB #1428 - Ventilation of commercial cooking equipment, NFPA 96; Article 126.96.36.199.
September 18, 1996
Re: Ventilation of commercial cooking equipment, NFPA 96; Article 188.8.131.52.
This appeal concerns the application of Article 184.108.40.206. to food take-out business whose primary product is perogies.
Reason for Appeal
Article 220.127.116.11. 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 their business does not use commercial equipment as there cooking appliances are one domestic self-cleaning range and two domestic microwave ovens. The appellant states that 95% of their food preparation involves boiling potatoes and sauerkraut. Meat is roasted in the oven. Also, 95% of their soup is vegetarian and boiled. Their food preparation involves very little frying, no more than the average home in a day.
Building Official's Position
The building official maintains that the kitchen equipment is used for commercial purposes and the fact that the appliances are classed as domestic is not relevant. The official also maintains that the cooking process involves frying, boiling meat and preparing soups, all of which will produce hazardous grease laden vapours. A formal interpretation from the NFPA supports both of the Building official's contentions.
Appeal Board Decision #1428
Based on the information submitted by both parties the Board considers this to be a commercial cooking operation which produces smoke and grease laden vapours. A ventilation system conforming to NFPA 96 is required.
George R. Humphrey, Chair