Appeal 18925

Appeal Summary

Status: Decision Rendered

Appeal ID: 18925

Submission Date: 1/22/19 4:29 PM

Hearing Date: 1/30/19

Case #: B-003

Appeal Type: Building

Project Type: commercial

Building/Business Name: Back Pedal

Appeal Involves: Alteration of an existing structure,occ Change from B to A-2

Proposed use: Brewing

Project Address: 1425 NW Flanders St

Appellant Name: Mercedes Butchas

LUR or Permit Application #: Other

Stories: 1 Occupancy: F-2; A-2 Construction Type: III-B

Fire Sprinklers: Yes - Throughout Building

Plans Examiner/Inspector: Sloan Shelton, Jeff Herman

Plan Submitted Option: pdf   [File 1]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OFC 104.7.2

Requires

Oregon Fire Code - Chapter 2 Definitions
COMBUSTIBLE DUST: Finely divided solid material, which is 420 microns or less in diameter and
which, when dispersed in air in the proper proportions, could be ignited by a flame, spark or other
source of ignition. Combustible dust will pass through a US No. 40 standard sieve.
Oregon Fire Code - Chapter 22 Combustible Dust-Producing Operations

OFC 2203.1
Sources of ignition - Smoking or the use of heating or other devices employing an open
flame, or the use of spark-producing equipment is prohibited where combustible dust is
generated, stored, manufactured, processed or handled.

OFC 2203.2
Housekeeping - Accumulation of combustible dust shall be kept to a minimum in the interior of buildings. Accumulated combustible dust shall be collected by vacuum cleaning or other means that will not place combustible dust into suspension in air. Forced air or similar methods shall be used to remove dust from surfaces.

OFC 2204.1
The fire code official is authorized to enforce explosion protection in accordance with
NFPA 61, 69, and 654 to prevent and control dust explosions.

OFC 2205
Dust collection. Dust collection systems shall be designed and installed in accordance with Section 540 of the International Mechanical Code. Electric ventilation fan motors shall be interlocked in accordance with Section 503.1 of the IMC

• The grain milling process is identified under the Technical and Operational Information within this report.

2014 Oregon Structural Specialty Code
OSSC 307.1.1 Hazardous Materials
…The use of a building or structure, or 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 maximum allowable quantities (MAQ) limits for control areas set forth in Tables 307.1 (1) and 307.1 (2).

OSSC Table 307.1 (1) MAQ per control area of Combustible Dust per Footnote q:
Where manufactured, generated or used in such a manner that the concentration and conditions
create a fire or explosion hazard based upon information prepared in accordance with Section 414.1.3

• The allowable quantities of combustible material (MAQ) are established within this report.

OSSC 307.1.1 Hazardous Materials
Hazardous materials in any quantity shall conform to the requirements of this code including section 414, and the Fire Code.

OSSC 307.4 High Hazard Group H-2
Buildings and structures containing materials that pose a deflagration hazard or a hazard from accelerated burning shall be classified as Group H-2. Such material shall include but not be limited to the following:
…Combustible dusts where manufactured generated or used in such a manner that the concentration and conditions create a fire or explosion hazard based on information prepared in accordance with Section 414.1.3

• This report is compiled to show that the proposed use does not fit within this description

OSSC 414.1.3 Hazardous Materials – Information Required
A report shall be submitted to the building official identifying the maximum expected quantities of hazardous materials to be stored, used in a closed system and used in an open system, and subdivided to separately address hazardous material classification categories based on Tables 307.1 (1) and 307.1 (2)

• This report was compiled in an effort to meet this requirement

Code Modification or Alternate Requested
Proposed Design

Back Pedal Brewing is proposing to install a Roller Mill and Automated auger system to process and feed grain directly from an enclosed Mill Room of approximately 59 square feet in size. See attached Floor Plan showing Grain Storage Area, Mill Room, Grist Mill, and Auger layout feeding directly from the Mill to the Mash Tun Kettle.

Reason for alternative

The described mitigation and operational processes allows for the brewery and associated
functionality to fall outside of the code definition of a high hazard H-2 occupancy. The nature of the materials and processes performed limit any dust producing to a quantity well below the levels of a hazardous environment. Grist milling produces particle sizes in the 889-1651 micron range and is not a direct producer of significant quantities of combustible dust. Any dust particle incidentally generated by the milling operation are confined within the very small compartment of the dust proof mill and are immediately transported via a closed system screw conveyor to a kettle of water at the beginning of the brewing process. The proposed milling does not manufacture, process, generate or store combustible dust as it is defined by the code, therefore it does not warrant a H-2 occupancy classification.

Appeal Decision

Exemption from High Hazard occupancy classification in grist milling system: Granted as proposed per hazardous materials report, minimum Class 2 Div 1 rating in Grinding Room, other provided appeal information and notes below.

Note: Approval is granted for this process and tenant only, provided there are no additional ignition sources in the grinding area not noted in the hazardous materials report subject to Fire Marshal verification.
At any time the Fire Marshal's Office finds that the manual housekeeping efforts have become ineffective in maintaining low level of accumulated dust, a mechanical dust collection system may be required.

Any changes in processes, equipment, or materials shall be approved by the Building Official in consultation with the Fire Marshal's Office prior to implementation.

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.