Appeal 35020

319.2.4 Separation

The code requires food carts to be separated by a minimum of 5’ or as approved by the fire code official. There must be sufficient space to allow for timely egress from the cart in the event of fire or natural disaster.

We request a variance from the 5’ minimum separation requirement between food carts to allow for our current 4’6” minimum separation.

The food carts are currently all spaced 4’6” or more apart. Each cart has plumbed natural gas, and we strictly prohibit supplemental propane or other fuel use. In addition, the carts are staggered in a diagonal fashion (see attached diagram), so the majority of each cart is far more than 5’ from adjacent carts. All carts have unencumbered egress in the case of an emergency because the gaps are kept clear of obstruction, and each gap serves only one cart as all carts exit to the east of each respective cart.

We require a variance because we have received a health department notice of violation (see attached) for our food cart spacing. Hinterland opened in January of 2022, prior to this code going into effect. The violation notes that several of our carts are between 2.5 inches and 6 inches short of the 5’ separation requirement. Our understanding is the fire code on separation of food carts serves two purposes – (1) preventing injury, fire damage, and spreading fire hazard between food carts and (2) ensuring adequate egress for cart occupants in the case of a fire or other natural disaster. All our carts use plumbed natural gas and are prohibited from using supplemental alternative fuels such as propane, significantly limiting the danger of fire or explosion. Due to the staggered orientation of our carts, the majority of each cart is far more than 5’ separated from adjacent carts. Further, the 4’6” minimum spacing we currently have provides for easy egress for all occupants, particularly since only one cart’s occupants use each gap. For those reasons, we believe our current set up provides equivalent life safety and fire protection to what the code requires. Thank you for your consideration.