Appeal 14603
Appeal Summary
Status: Decision Rendered
Appeal ID: 14603
Submission Date: 2/12/17 11:34 AM
Hearing Date: 2/15/17
Case #: M-001
Appeal Type: Mechanical
Project Type: commercial
Building/Business Name: 424 FS Management, LLC
Appeal Involves: Alteration of an existing structure
Proposed use: Commercial Kitchen
Project Address: 414 NE Failing St
Appellant Name: Dovid Madian
LUR or Permit Application #: Permit 17-106753-CO
Stories: 1 Occupancy: S-1, F-1 Construction Type: V-B
Fire Sprinklers: No
Plans Examiner/Inspector: Thomas Ng
Plan Submitted Option: pdf [File 1] [File 2] [File 3] [File 4]
Payment Option: electronic
Appeal Information Sheet
Appeal item 1
| Code Section | 507.2.1 Type I hoods, |
|---|---|
| Requires | A Type I hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains 5mg/cubic meter or less of grease when tested at an exhaust flow rate of 500 cfm in accordance with Section 17 of UL 710B. Furthermore, per OSMC 2014 Section 507.2.2 Type II hoods, ... Type II hoods shall be installed above dishwashers and appliances that produce heat or moisture and do not produce grease or smoke as a result of the cooking process, except where the heat and moisture loads from such appliances are incorporated into the HVAC system design or into the design of a separate removal system. Type II hoods shall be installed above all appliances that produce products of combustion and do not produce grease or smoke as a result of the cooking process. |
| Code Modification or Alternate Requested | |
| Proposed Design | Please see attached Type II hood cut sheets from SSP Inc., (Class II Box and Vapor Hoods). Per code requirements cited above (OSMC 2014, Section 507.2.1 and Section 507.2.2), the proposed hood will have a width of 45 inches and an overall length of 84 inches (Model # BH -84-2) and the electric convection oven (please see attached cut sheet for Duke Convection Oven "E" Series-Single-Electric, Model # E101-E) and the electric induction range top (please see the attached cut sheets for the Vollrath Cayenne Heavy- Duty Induction Range, Four Hob, Digital Control, Model #924HIDC) will be situated beneath the SSP Box hood (Model # BH-84-2) such that the box hood overhangs the appliances with six inches of additional coverage on both sides and at the front of the appliances measuring horizontally from the sides and front of the appliances to an imaginary line extending from the front and sides of the proposed box hood extending vertically to the floor(please see attached building plans, floor plan, showing the proposed location and scaled layout of the appliances beneath the proposed hood, page A2.1). Furthermore, the proposed box hood will have a fan capable of delivering a minimum exhaust flow rate of 500 cfm and will exhaust thru an appropriately sized sheet metal duct that will vent directly horizontally through the first floor ceiling envelope and thru the roof envelope; stainless steel duct will be housed in a fire-rated assembly (see building plan detail 2, page A4.1) wherever the duct passes thru framing of floor envelope and roof envelope. A continuous soffit constructed per fire-rated assembly (see detail 2, page A4.1) will be constructed to house the vent pipe where the vent pipe would be exposed in the "attic" space. |
| Reason for alternative | Please see our proposed 'Process Description" (attached pdf.): We propose to make products that are limited in range and relatively simple in process. We will restrict ourselves to the production of hard candies and gummies. It is our belief that our cooking process will be of relatively low heat and short duration. We do not have anything in our processes that require high temperature baking or recipes that would produce grease-laden smoke. All products that will be cooked by baking or simmered on the range top, will use MCT (fractionated coconut oil) which has a smoke point of 350 degrees. Per a direct quote from our cook, Ross Hunsinger, "... I will never be shooting for the product being baked to reach an internal temperature of 350 degrees as it would completely degrade the THC content of the product. So, essentially, the only process that has the potential to produce offending exhaust will not have the chance to reach a temperature where such exhaust is produced." |
Appeal Decision
Use of Type II hood for oven and electric cooktop: Granted as proposed.
The Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.
Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 180 calendar days of the date this decision is published. For information on the appeals process and costs, including forms, appeal fee, payment methods and fee waivers, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.