Marijuana and The Building Code

Marijuana Facilities
and the Building Code
2016 ICC Annual Business Meeting – Kansas City, MO
© 2015 Colorado Code Consulting, LLC 1
Marijuana and the Building Code
Marijuana Facilities Instructor
and the Building Code Steve Thomas, CBO
• President, Colorado Code
Consulting, LLC
• 35 years experience in code
administration
• ICBO Committees
– Small Jurisdictions
– Fire & Life Safety Code
Development
– Means of Egress Review
• ICC Means of Egress Code
Committee
• Author of Building Code
2016 ICC Annual Business Meeting – Kansas City, MO Basics, Commercial
© 2015 Colorado Code Consulting, LLC 1 © 2015 Colorado Code Consulting, LLC 2
What are we going to talk about?
• Types of Facilities
• Building Code Issues
• Energy Code Issues
• Plumbing, Mechanical,
Electrical Code Issues
Profitable Business Taxes – WOW!
• National Institute on Drug Abuse states:
– Approximately 5 million regular marijuana users
– If each user used one ounce per year
• Annual consumption would be 5 million ounces
• = 312,500 pounds
• = 156 Tons
• With an average price of $3,000 per pound, the
value of the product that would be consumed is:
$937,500,000
Facilities Categories What is it and
why do we care?
• Retail Shops
• Commercial Grow Operations
• Drying/Curing/Trimming/Processing • Issues for building
• Bakeries/Food Products (Edibles) departments
• Extraction Processing – Occupancy classification
• Testing Labs – Security (State Laws)
• Personal Grow Operations – Electrical (High Demand)
• Coffeehouses – Ventilation (Odors)
• Vacation/Spa Experiences – Political Pressure
• Grow Supply Stores • Legal Issues
• Mixed Uses
• Vulnerable Neighbors
The proponent side The opponent side
• Treating adult marijuana
use as a crime
– (1) Allows law enforcement • Vulnerable youth &
resources to be focused on
violent and property crimes;
effects
– (2) Generates new state and • Negative
local tax revenue for
education, health care, neighborhoods
research, and substance
abuse prevention; and • Public use
– (3) Takes marijuana out of the
hands of illegal drug • Crime
organizations and brings it
under a tightly regulated, • DWS
state‐licensed system similar
to that for controlling hard
alcohol.
Terms Terms
• Edible Retail Marijuana • "Limited Access Area"
Product" • means a building, room,
or other contiguous area
• means any Retail upon the Licensed
Marijuana Product Premises where Retail
which is intended to be Marijuana is grown,
consumed orally, cultivated, stored,
including but not weighed, packaged, sold,
or processed for sale,
limited to, any type of under control of the
food, drink, or pill. Licensee.
Terms Terms
• "Medical Marijuana • “Restricted Access Area”
Business" • means a designated and
secure area within a
• means a Medical Licensed Premises in a
Marijuana Center, a Retail Marijuana Store
Medical Marijuana‐ where Retail Marijuana
Infused Product and Retail Marijuana
Manufacturing Product are sold,
possessed for sale, and
Business, or an Optional displayed for sale, and
Premises Cultivation where no one under the
Operation. age of 21 is permitted.
Terms Terms
• "Retail Marijuana • "Retail Marijuana
Cultivation Facility" Establishment"
• means an entity • means a Retail
licensed to cultivate, Marijuana Store, a
Retail Marijuana
prepare, and package Cultivation Facility, a
Retail Marijuana and Retail Marijuana
sell Retail Marijuana to Products Manufacturing
Retail Marijuana Facility, or a Retail
Establishments, but not Marijuana Testing
to consumers. Facility.
Terms Terms
• “Retail Marijuana Products • “Retail Marijuana
Manufacturing Facility”
Testing Facility”
• means an entity licensed to
purchase Retail Marijuana; • means an entity
manufacture, prepare, and licensed and
package Retail Marijuana
Product; and sell Retail
certified to
Marijuana and Retail analyze and certify
Marijuana Product only to the safety and
other Retail Marijuana potency of Retail
Products Manufacturing
Facilities and Retail Marijuana.
Marijuana Stores.
Local Regulations Opening Day
• Councils & Boards
• The biggest news event
• Proximity to sensitive of the decade!
uses
• Lots of excitement &
• Zoning Rules anticipation!
• Odor Issues • Really high prices!
• Negative neighborhood • Overuse of the word
perceptions Wow!
• Crime • Terrible driving!
Facility Locations Retail Dispensaries
• Location, location,
location… • Stand‐alone retail shops
• How many businesses • Group M Occupancy
does your community
• Means of Egress
want or need?
• Ventilation & Odors
• Help your politicians
understand the mixed • Security (State laws)
uses • Vulnerable uses
• Hazards & Impacts? • Liquor comperable
Commercial Grow Commercial Grow
• Group F Occupancy
• High‐Tech Facilities
• Very controlled
environments
• Ventilation & Odors
• CO2 Enrichment?
• Low occupant loads
• Mad science
Commercial Processing Bakeries/Food Products
• Group F‐1 Occupancy
• Group F‐1 Occupancy
• Moderate occupant
• Most use extracted THC
loads
product
• Means of Egress
• Typical industrial
• Ventilation & Odors kitchens
• Human work • Low occupant loads
environment
• Near invisible use
• Trimming & packaging
• Low impact
Extraction‐specific Terms Extraction Nightmares
• BHO • Flammable gases being
• Hash Oil used without proper
safeguards
• Honey
• Tragic results
• Wax
• Emergency orders
• Hydrocarbon solvents
• Ratcheting the code
• Desired concentrates
• Tarnishes the industry
• Lucrative
• War stories?
• Baking & Medical
Extraction Facilities Testing Facilities
• Group F‐1 Occupancy • Group B Occupancy
• Group H‐? Occupancy • Lab environments
• High quality process • Low occupant loads
• Use‐Closed Systems • All retail products will
• Sophisticated science be required by law to
• Like processes? be tested for potency
and purities
• Same concerns of any
industrial use • Labeling/Dosage
• Near invisible use
When journalists experiment Personal Grow
• IRC Buildings
• Plants limited by law
• Odor Issues
• Neighborhood Issues
• Crime
• Who will regulate?
• Talk to your politicians
before bad things
happen
Coffeehouses? Spas/Retreats
• Industry ramping up in
• Now that it is legal, let’s CO and WA
see how far we can • Group R‐1 hotel
push the agenda? occupancy if overnight?
• Pot tourists are • Group B Occupancy for
discovering the day‐use?
strictness of the laws
• Open/Public Use
• Liquor comparison
Grow Supply Stores Mixed Uses
• Group M, F‐1, B
• Soils, fertilizers, lights, Occupancies
and some butane • Managing the varied
canisters environments for code
• Group M Occupancy? issues
• Larger facilities
• Watch your quantities
• Will be common in your
• Otherwise, just your locale
typical garden store
• Ordinances should
match
Colorado Regulations Marijuana Facilities
Examples
• Each Licensed Premises
shall have a Security
• State of Colorado Alarm System, installed
• City of Denver by an Alarm Installation
Company, on all
• Other CO Cities
perimeter entry points
• Licensing and perimeter
• Permits windows.
• Procedures
Marijuana Facilities Marijuana Facilities
• Each Licensee must • At all points of ingress
ensure that all of its and egress, the
Licensed Premises are Licensee shall ensure
continuously the use of a
monitored. commercial‐grade,
• Licensees may engage nonresidential door
the services of a locks.
Monitoring Company to
fulfill this requirement.
Marijuana Facilities Waste Disposal
• Prior to exercising the • Retail Marijuana and
privileges of a Retail Retail Marijuana
Marijuana Establishment,
an Applicant must install Product waste must be
a fully operational video made unusable and
surveillance and camera Unrecognizable prior to
recording system. leaving the Licensed
• The recording system Premises.
must record in digital
format and meet the
requirements outlined in
this rule.
Waste Disposal Waste Disposal
• Grinding and incorporating the • Rendered waste shall be:
marijuana waste with non‐ 1. Disposed of at a solid waste site
consumable, solid wastes listed and disposal facility that has a
below such that the resulting Certificate of Designation from
mixture is at least 50 percent the local governing body;
non‐marijuana waste: 2. Deposited at a compost facility
that has a Certificate of
a. Paper waste; Designation from the
b. Plastic waste; Department of Public Health and
c. Cardboard waste; Environment; or
d. Food waste; 3. Composted on‐site at a facility
e. Grease or other compostable oil owned by the generator of the
waste; waste and operated in
compliance with the Regulations
f. Bokashi or other compost Pertaining to Solid Waste Sites
activators; and Facilities (6 CCR 1007‐2, Part
g. Other wastes approved by the 1) in the Department of Public
Division that will render the Health and Environment.
Retail marijuana waste unusable
and Unrecognizable; and
h. Soil.
Waste Disposal Here we grow!
• Why the environments
• A Licensee shall not are unique
dispose of Retail • Where the codes fit,
Marijuana and Retail and where they may
Marijuana Product not
waste in an unsecured
waste receptacle not in • Industrial comparisons
possession and control
of the Licensee.
Plant Growth Process Plant Life Cycle
• Osmosis
– The plant takes up water
and minerals from the soil • Germination
through its roots and
transfers it to the leaves • Seedling
through the stem and
branches. • Vegetative Growth
• Photosynthesis • Pre‐Flowering
– The plant uses absorbed • Flowering
light and air to transform
water and minerals
received through osmosis
into plant tissue.
Reproduction Harvesting/Drying
• Plants can be
• Plants are trimmed and
reproduced by:
hung upside down for
– Germination of seeds, or
curing
– Cloning
• A clone is always taken
• Hang plants upside
from an adolescent down
female plant
• Will have the same
• Place buds in canning
characteristics of the jars
mother plant
How Do They Grow It? What Does It Need To Grow?
• Heat and Temperature • Water
Control • Air
– Ventilation – Often enriched with CO2
– Fans • Medium
– Air Conditioning
• Nutrients
• Temperature Control is
• Chemicals
KING
– To control ph levels
• Lights & ballasts give off
lots of heat
Hydroponics Hydroponics
• Grow plants in an inert, • Nutrients
sterile growing medium – Nitrogen (N)
instead of soil. – Phosphorus (P)
– Rockwool
– Potassium (K)
– Perlite
– Clay pellets • Basic plant food
• Flowering begins in 2‐4 – Liquid
weeks – powder
• Harvest two months
later
Hydroponics Ventilation
• Ebb & flow system • Large amounts of
– Reservoir with solution plants, photosynthesis
– Pump on timer uses up all the carbon
– Pumps water and dioxide and fills the
nutrient solution to the room with oxygen
plants
• Plants need a fresh
– Solution drains back to supply of CO2 in the
reservoir
room or they stop
growing
Clandestine & Small Ops
Temperature
Concerns
• Marijuana grows best at • Heat
68 – 72 degrees and will • Electrical Loads
stop growing at temps • Ventilation Rate
above 90 degrees
• Carbon Dioxide
• Egress
• Humidity
• Odor
Ventilation Equipment Ventilation Equipment
• Oscillating Fans
– Move the CO2
• Large Squirrel Cage Fans
– Strengthen the stalks
• Inline Fans – Cool the plants
• Blowers • Exhaust fans to
• Induction Fans eliminate the heat and
• Flex Hose Insulated excess oxygen
Ducts
High Humidity Environmental Equipment
• CO2 Bottles
• CO2 Generators
• Environmental
• No Code Requirements Controllers
for excessive humidity – Temp
– Humidity
– CO2 Levels
• Carbon Filters
Environmental Equipment Types of Grow
• Charcoal Filters
• 3 Stages
– Reduce Odors
– Propagation
• Ionizers
– Vegetation
– Reduce Odors
– Flowering
• Ozone Generators
• Outdoor
– Odor Control
• ‐ Plants harvested 6’‐10’
– Humidity Control
• Indoor
• De‐Humidifiers
• ‐ Plants harvested < 4’
Types of Grow Types of Grow
• Propagation to Harvest • 2 stage
– 90 – 110 days – Eliminates Summer stage
• Minimum 3 crops per – Propagation and
year Flowering
• Advantage • Timers set with equal
– More yield per plant amount of daylight and
• Disadvantage darkness (12 hours ea.)
– Plants need more space,
water, nutrients,
• Smaller flowering plants
electricity and care at harvest
– 20” – 36”
Lighting Lighting
• High Intensity Discharge • Compact Fluorescent
(HID) Grow Lights Grow Lights
– High pressure sodium – 300 W
– Metal halide • LED Grow Lighting
• 250‐1,000 watt bulbs – Lower temperature
• Requires ballast
= increased heat and fire
hazard
Lighting Home Based Grow Issues
• Electrical
– Unsafe electrical
• Lighting Reflectors practices
– Ceiling and walls – Open wiring
– Directs lights onto plants – Inadequate fuses or
– Reduces waste of circuit breakers
lighting – Bad connections
– Mylar used on walls – Overloading of circuits
– 24 more times likely to
catch fire
Home Based Grow Issues Residential Power Consumption
• Lighting Hazards • Average Home utilizes
– Grow light surface between 700 – 1200
temperature KW per month
• Approximately 500
degrees
• Most homes can
– Grow lights are under probably handle the
pressure increased loading of
305 HID lamps without
additional wiring
Home Based Environmental
Home Based Grow Issues
Issues
• Carbon Dioxide Poisoning
– Propane CO2 generators
– Vent furnaces and water
heaters into grow rooms • Mold
– Normal levels
– Heat
• 300 – 600 ppm
– Desired grow levels – Humidity
• 1,000 – 3,000 ppm – Cellulose
– Lethal Level
• 100,000 ppm
• Optimal conditions for
– OSHA mold growth
• 30,000 ppm
Home Based Hazards Big Picture…
• Chemical Hazards
– Explosive/toxic fumes
from “weed oil”
extraction Not
– Butane, Sulfuric Acid, “Minutia
Methanol, Isopropyl Myopia”
Alcohol, Toluene
– Fertilizers
– Plant & water
conditioners
What are these things? Dispensaries
• Dispensaries • Mercantile Group M
• Grow Facilities occupancy includes,
among others, the use of
• Processing and a building or structure or
Packaging a portion thereof, for the
• Extraction (Evolving) display and sale of
• Edible products merchandise and involves
stocks of goods, wares or
• Legal vs. Illegal Facilities merchandise incidental to
such purposes and
accessible to the public.
Grow Facilities Grow Facilities
• Group F‐1 • Group U
Buildings and structures of an
Factory Industrial Group F accessory character and
occupancy includes, among miscellaneous structures not
others, the use of a building classified in any specific
occupancy shall be constructed,
or structure, or a portion equipped and maintained to
thereof, for assembling, conform to the requirements of
disassembling, fabricating, this code commensurate with the
fire and life hazard incidental to
finishing, manufacturing, their occupancy. Group U shall
packaging, repair or include, but not be limited to, the
processing operations that following:
are not classified as a Group – Agricultural buildings
H hazardous or Group S
storage occupancy.
Processing & Packaging Processing and Packaging
• COMBUSTIBLE FIBERS.
– Readily ignitable and free‐
burning materials in a
fibrous or shredded form,
such as cocoa fiber, cloth,
cotton, excelsior, hay,
hemp, henequen, istle,
• Group H‐3
jute, kapok, oakum, rags, – Buildings and structures containing materials that readily
sisal, Spanish moss, straw, support combustion or that pose a physical hazard shall be
tow, wastepaper, certain
synthetic fibers or other classified as Group H‐3. Such materials shall include, but
like materials. This not be limited to, the following:
definition does not include
densely packed baled • Combustible fibers, other than densely packed baled cotton
cotton.
307.1.1
Closed Extraction Systems Uses other than Group H
• 3. Closed piping system
• A solvent is used to containing flammable or
combustible liquids or
extract the oil from the
gases utilized for the
dried plant. operation of machinery
• The product is dissolved or equipment.
in the solvent. • 8. The storage or
• The solvent/oil solution utilization of materials for
is then boiled to agricultural purposes on
evaporate the solvent the premises.
to leave the oil.
Flammable Extraction Extraction
• Depending on the
• Solvents include amount of solvent that
– Alcohol is used, the extraction
– Naphtha area could be classified
– Ether as a Group H‐2.
– Butane • Ventilation is required
• All flammable liquids or regardless of occupancy
gases classification.
Is it a Group H Occupancy? Table 307.1(1)
• 307.1
• High‐hazard Group H occupancy
includes, among others, the use
of a building or structure, or a
portion thereof, that involves the
manufacturing, processing,
generation or storage of materials
that constitute a physical or
health hazard in quantities in
excess of those allowed in control
areas complying with Section
414, based on the maximum Butane = Flammable Gas
allowable quantity limits for
control areas set forth in Tables Ethyl Alcohol = Class IB Flammable Liquid
307.1(1) and 307.1(2).
Maximum Allowable Quantities
Table Footnotes
MAQ
• d. Maximum allowable quantities
• Butane shall be increased 100 percent in
buildings equipped throughout with
– 150 pounds storage an automatic sprinkler system in
accordance with Section 903.3.1.1.
– 150 pounds closed use Where Note e also applies, the
increase for both notes shall be
– N/A open use applied accumulatively.
• e. Maximum allowable quantities
• Ethyl Alcohol shall be increased 100 percent when
stored in approved storage cabinets,
– 120 gallons storage day boxes, gas cabinets, gas rooms or
exhausted enclosures or in listed
– 120 gallons closed use safety cans in accordance with
Section 5003.9.10 of the
– 30 gallons open use International Fire Code. Where Note
d also applies, the increase for both
notes shall be applied accumulatively.
Is it a Group H Occupancy? CO2 Extraction
• Probably Not • Equipment isolates
cannabinoid oils with a CO2
• However, Section 414 extraction process.
still applies • No part of the cannabis
plant is wasted.
– Control Areas • The cannabis by‐products
– Ventilation that would usually be
discarded as waste are used
– Explosion control in the extraction process.
– Storage, dispensing and • The CO2 equipment uses
use cannabis “trim” to produce
a clean oil extract that can
• IFC Requirements be used in food products
and vape pens.
CO2 Extraction Fire Sprinklers
• Compressed gas
• IFC Requirements • F‐1 exceeding 12,000
– Chapter 53 square feet
– Storage • All Group H
– Use & Handling Occupancies
• Group M Occupancies
fire area exceeds 12,000
square feet.
Means of Egress Mechanical Ventilation
• Security Issues
• Egress doors shall be • IMC Section 403.3
readily openable from – Smoking Lounges
the egress side – 60 cfm of outdoor air
without the use of a per person
key or special – All air must be
knowledge or effort. exhausted including air
in excess of that
• Will need to evaluate required by Table 403.3
locking arrangements
Exhaust Discharge
Odor Ventilation
IMC 501.2.1
• Product Conveying Exhaust • Local requirements
– 10’ from the property lines; 3’ – Ventilation rates
from exterior walls and roofs; – Charcoal filters
10’ from operable openings
into buildings; 10’ above – Exhaust termination
adjoining grade.
– Effect on neighboring
• Environmental Air Exhaust
properties
– 3’ from property lines; 3’
from operable openings into
buildings for all occupancies
other than Group U, and 10’
from mechanical air intakes.
Such exhaust shall not be
considered hazardous or
noxious.
City of Boulder Ventilation City of Boulder Ventilation
Requirements Requirements
• Walls should be sealed
between units to avoid
odors from migrating into
adjacent spaces.
• Exhaust from space
filtered with a listed &
labeled filter to avoid
odors.
• “A medical marijuana business shall be properly
• Inlet for ventilation
ventilated to filter the odor from marijuana so that the system located in area of
odor cannot be detected by a person with a normal highest contaminant
sense of smell at the exterior of the medical marijuana concentration.
business or at any adjoining use or property”.
Required Outdoor Ventilation Air Contaminant sources
IMC Table 403.3 IMC 401.6
• Stationary local sources
producing airborne
particulates, heat, odors,
• Cultivation Facilities ? fumes, spray, vapors, smoke or
gases in such quantities as to
– Meat processing? be irritating or injurious to
– Other similar? health shall be provided with
an exhaust system in
• Dispensaries accordance with Chapter 5 or
a means of collection and
– 7.5 cfm/person (retail removal of the contaminants.
sales) • Such exhaust shall discharge
directly to an approved
location at the exterior of the
building.
Plumbing Issues Energy Code Issues
• Backflow Protection? • Total connected interior
– Lawn Irrigation system lighting power
– Chemical fertilizer Exceptions:
dispensers 6. Task lighting for plant
• Pipe installations growth or maintenance
– Support
– Sizing
Electrical Code Issues Electrical Code Requirements
• One‐line diagram
– Existing system
– Proposed electrical
• Illegal installations system
– Include main electrical
• Total Electrical Load service
• Wiring methods • All electrical equipment
to be listed and labeled
by an approved testing
agency
What needs to happen in your
Electrical Code Requirements
jurisdiction?
• Flexible cords not
permitted to be
substituted for fixed • Writing your own ordinances – Mirror others
wiring systems
• Can’t run through walls, • Evaluating limits? Number of facilities? Number of
doors, ceiling, etc. retail shops?
• Approved wiring methods • Moratoriums?
required
• NM cable not allowed for • Public Education?
use in damp locations • Equal Justice
such as cultivation
facilities • Be flexible going forward
Other Legal Considerations Equal Protection Clause
• Clause to the Fourteenth Amendment
• Ensures that state governments do not
arbitrarily discriminate in applying laws to
different individuals or groups of people.
• Code provisions must be applied consistently
to persons and buildings.
– Residential provisions to Residential
– Commercial provisions to Commercial
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American Institute of Architects Continuing Education Systems (AIA/CES).
Credit(s) earned on completion of this program will be reported to
AIA/CES for AIA members. Certificates of Completion for both AIA
• A legal concept that members and non-AIA members are available upon request.
looks at whether This program is registered with AIA/CES for continuing professional
some person or group education. As such, it does not include content that may be deemed
or construed to be an approval or endorsement by the AIA of any
was impermissibly material of construction or any method or manner of handling, using,
distributing, or dealing in any material or product.
singled out for
enforcement. Questions related to specific materials, methods, and services will be
addressed at the conclusion of this presentation.
• Permit issuance and
enforcement can be
discriminatory IF
inconsistent
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