BCAB 1975 - Requirement for kitchen ventilation in a daycare facility

Requirement for kitchen ventilation in a daycare facility

Project Description

The project is the construction of a daycare facility with a design occupant load of 101 persons including 89 children.  The daycare is located within a large mixed-use building.

The space is proposed to contain a kitchen with cooking equipment for processes such as baking, steaming, and reheating.  The equipment includes a convection oven, an electric range, and a hood for heat and steam removal.  Breakfasts, lunches, and snacks are prepared and served to the occupants.

The owner provides written assurance that the cooking equipment will only be used for processes that do not produce grease-laden vapours.

Applicable Code requirements (BCBC 2024)

Sentence 3.3.1.2.(2), Division B, Hazardous Substances, Equipment and Processes

(1) Systems for the ventilation of cooking equipment that is not within a dwelling unit and is used in processes producing grease-laden vapours shall be designed and installed in conformance with Articles 3.6.3.5., 6.3.1.6. and 6.9.1.3. (See Note A-3.3.1.2.(2).)

A-3.3.1.2.(2) Cooking Equipment Ventilation.

Cooking equipment manufactured for use in dwelling units and other residential suites is often installed in buildings used for assembly and care, treatment or detention purposes.  It is not obvious from the Code requirements or those of NFPA 96, "Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations" whether a ventilation and grease removal system is required in all assembly and care, treatment or detention uses.  If the equipment is to be used in a manner that will produce grease-laden vapours that are substantially more than would be produced in a normal household environment, then it would be appropriate to apply the requirements of NFPA 96.  If the equipment is used primarily for reheating food prepared elsewhere or is used occasionally for demonstration or educational purposes, there would be no expectation of applying the requirements of NFPA 96.  In all cases the circumstances should be reviewed with the authority having jurisdiction.

Sentence 6.3.1.6.(1), Division B, Commercial Cooking Equipment

(1) Except as provided in Article 3.6.3.5., systems for the ventilation of commercial cooking equipment shall be designed, constructed and installed to conform to NFPA 96, "Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations."

Referenced Standard (NFPA 96 – 2014)

Paragraph 1.1.4, Scope

This standard shall not apply to facilities where all of the following are met:

(1) Only residential equipment is being used.

(2) Fire extinguishers are located in all kitchen areas in accordance with NFPA 10, Standard for Portable Fire Extinguishers.

(3) The facility is not an assembly occupancy.

(4) The authority having jurisdiction has approved the installation.

Decision being appealed (Local Authority’s position)

Ventilation for the commercial cooking equipment must be provided in accordance with NFPA 96 due to the proposed menu and the volume of food prepared and cooked on site.

Further, the Code requirement for compliance with the NFPA 96 standard is not solely based on the intended type of cooking or reheating.  NFPA 96 states a list of conditions under which the requirements of NFPA 96 do not apply and the subject installation does not comply with all of the conditions.  The daycare is a gathering of more than 50 persons and so is an assembly occupancy under the definition of assembly contained within the NFPA 96 standard.

Appellant's position

The kitchen uses residential-style equipment (electric range and oven) solely for light food preparation such as baking, steaming, and reheating.  No grease-laden vapours will be produced; NFPA 96 does not apply.  Reheating food or light preparation does not meet the threshold for grease-laden exhaust.

The owner has signed a notarized declaration that no cooking processes will produce grease-laden vapours and this is consistent with the daycare’s national model as well as many other childcare centres.

Appeal Board Decision #1975

The Board reverses the decision of the local authority.

It is the determination of the Board that the requirements of NFPA 96 do not apply in the subject daycare facility kitchen.

Reason for decision

This decision is based on the assurances provided by the owner and registered professionals that the cooking processes will not create grease-laden vapours in a quantity that is substantially more than would be produced in a normal household environment.  The mechanical engineer has specified that signage be installed stating, “Cooking causing grease-laden vapours is not allowed.  Exhaust system is designed for steam and heat removal only.”

The menu provided and the cooking processes specification generally validate the assurances provided.

Neither the scoping statement (like the one quoted above) nor any other provision within NFPA 96, or within any document identified in the Code, have any legal effect unless the Code references (i.e., requires the use of) the document.  That the scoping statement (quoted above) appears to indicate that the NFPA 96 standard applies to the daycare is of no consequence because compliance with NFPA 96 is not required by the Code in this case.

Don Pedde
Chair, Building Code Appeal Board

Dated:  July 17, 2025