medical marihuana ontario building code review photo credit (obtained on may 22, 2014)

MEDICAL MARIHUANA

ONTARIO BUILDING CODE REVIEW

Photo Credit (Obtained on May 22, 2014)http://www.fims.uwo.ca/newmedia2005/images/users/16/Medical-Marijuana.jpg

FARM BUILDING

2012 Ontario Building Code O.Reg. 332/12 defines a farm building as:• Farm Building means all or part of a

building, a) That does not contain any area used for

residential occupancy,

b) That is associated with and located on land devoted to the practice of farming, and

c) That is used essentially for the housing of equipment or livestock or the production, storage or processing of agricultural and horticultural produce or feeds.

INDUSTRIAL BUILDING

• Industrial occupancy means the occupancy or use of a building or part of a building for the assembling, fabricating, manufacturing, processing, repairing or storing of goods or materials.

BY-LAW DEFINITIONThe City of Hamilton is proposing to use the following definition for a “Medical Marihuana Growing & Harvesting Facility”:

Means a wholly enclosed building or structure used for growing, harvesting, testing, destroying, packaging and shipping of marihuana for medical purposes as permitted under the MMPR…

FARM vs. INDUSTRIAL BUILDING CODE REVIEW

NFBCC relaxes some Code provisions for farm building of low human occupancy (1 person per 40 m2 floor area during normal use):• Fire safety and egress,• Floor to floor fire separations,• Snow & wind loads, and• Spatial separation of buildings.

FARM OR INDUSTRIAL

• Is this an agricultural crop? OMAFRA Agricorp Canada Revenue Agency

• Should the National Farm Code of Canada apply?

CITY CHARGES

• Building Permit Fees:Farm Building $2.49/m2

Industrial $7.35/m2 to $10.46/m2 depending upon GFA of building

• Development ChargesPortions of the Building may be exempt if

deemed an agricultural crop Industrial rates are about $8.98/sf

CODE REVIEW ISSUES• Impeded Egress Zone (Vault / Other areas)?

As defined by the Building Code, an impeded egress zone means a supervised area in which occupants have free movement but require the release, by security personnel, of security doors at the boundary before being able to leave the area, but does not include a contained use area.

• Door Hardware Electric Strikes Fail-safe “Open” condition

• Equipment/Planting layouts for travel distances (hydroponic trays, etc.)

• Back-up power• Exits

Photo Credit (Obtained on Sept. 25, 2014)http://www.straight.com/files/styles/article_main/public/prairieplants1_131016.jpg

Photo Credit (Obtained on Sept. 25, 2014)Inside a Colorado Marijuana grow facility (credit: CBS)

AGRICULTURAL SITESSITE SPECIFIC CONSIDERATIONS:• Impact on Septic System Design

OBC Part 8 Design ≤ 10,000 L/day MOE > 10,000 L/day Chemicals? Pesticides? Fertilizers? Industrial process waste water? Treatment unit

required?

• Impact on Ground Water Use MOE if >10,000 L/day

• Fire Protection Water Supply Guideline for Part 3 in the Ontario Building Code (OFM-TG-03-1999)

INDUSTRIAL SITES• Potential Mixed-Use Facilities

Security issues with adjacent tenants HVAC and growth of micro-organisms

• Development Engineering Issues Water requirements Sewage discharge requirements/regulations

• Fire Access Routes• Sprinkler/Standpipe Systems (may be

required based on building size & classification)

CITY BY-LAWFORTIFICATION &

PROTECTIVE ELEMENTS• By-law 10-122 “excessive fortification” and

“excessively fortify” means the use, maintenance or construction of devices, barriers, or materials in a manner designed to hinder, obstruct or prohibit access to or from land or which have the effect of hindering, obstruction or prohibiting access to or from land … including: Steel plates, bars, bullet-proof shutters, Application of bullet resistant/proof material or

glass to windows or doors, Armor plated or reinforced doors etc.

“Excessive protective elements” include:• Perimeter warning devices such as laser eyes or other

advanced warning systems,• Electrified fencing or similar perimeter barrier,• Visual surveillance equipment, to listen or view

persons or land beyond the perimeter of the land actually owned, leased or rented.

http://wpmedia.blogs.windsorstar.com/2014/09/19-barbedce1.jpg?w=950&h=379 (Photo obtained Sept. 26/14)

The Directive on Physical Security Requirements for Controlled Substances mandates a level of security that may contravene the City of Hamilton By-Law.

Application for limited exemption from the provisions of the By-Law can be filed with the Building Division.

Application fees currently under review.

FUTURE CONSIDERATIONS

• Rehabilitation of site when use ceases?• Reuse of these buildings?• Record of Site Condition ?

SCENARIO

• 3 Storey Building• 7500 m2 Building Area• 22,500 m2 GFA• Land Zoned Agricultural, but not

used for farming.

Farm or Industrial Building?

What do you think?