Heads up: There are no amended sections in this chapter.

Chapter 38 ReservedCannabis Growing, Processing or Extraction Facilities

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(for purposes of this chapter, cannabis shall be defined as the plant or any product derived from the plant, of the family cannabaceae; also known as marijuana or hemp).

38.1* Application

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A38.1 Chapter 38 specifically applies to the occupancy of cannabis growing, processing, and extraction. As is the case with other chapters of the code, some requirements for building construction and building systems fall under the jurisdiction of the building code. The authority to regulate cannabis growing falls under the Cannabis Control Commission or the Department of Agricultural Resources, as applicable. The fire department has jurisdiction and enforcement ability where the requirements of this chapter pertain to the operation of the facility (after the certificate of occupancy is issued), maintenance of the facility, potential creation of hazardous environments (such as through the use of carbon dioxide or fumigation chemicals), and processing using hazardous materials.

38.1.1*

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This section has been amended at the state or city level.

Chapter 38 shall apply to the growing and processing of cannabis within new and existing buildings.

A38.1 Processing of other agricultural products not addressed by this chapter should comply with other applicable sections of this Code.

38.1.2

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The use, storage, transfilling, and handling of hazardous materials shall comply with this chapter, and other applicable provisions of this Code.

38.1.3

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Chapter 38 shall not apply to the retail sale of cannabis where growing and processing does not occur.

38.1.4

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Where a material, its use, or associated process poses multiple hazards, all hazards shall be addressed in accordance with applicable requirements of this Code.

38.1.5*

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This section has been amended at the state or city level.

The occupancy of buildings or portions of buildings where the growing or processing of cannabis occurs shall be in accordance with Chapter 6 and the applicable Building Code.

A38.1.5  Occupancy classification should take into consideration the hazards associated with the process occurring in the facility and the quantities of high-hazard contents.

38.2 Permits

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Permits, where required, shall comply with Section 1.12.

38.3 Fire Protection Systems

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Fire protection systems shall be provided in accordance with Chapter 13.

38.4* Means of Egress

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This section has been amended at the state or city level.

Means of egress shall be in accordance with Chapter 14.

A38.4 Due to security of growing and processing operation, access control, electromagnetic locks, and other locking arrangement are used. Chapter 14 addresses the installation of specialized locking devices.

38.5 Growing or Production of Cannabis

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38.5.1 Ventilation for Light Fixtures

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Light fixture ductwork shall be installed in accordance with the manufacturer and NFPA 90A and the mechanical code.

38.5.2 Odor Control

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The use of ozone generators used for odor control shall comply with Chapter 54.

38.5.3 Interior Finish, Contents, and Furnishings

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38.5.3.1

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Interior finish, including the use of any plastic, mylar, or other thin film sheeting to enclose rooms or cover any walls or ceilings shall be in accordance with the Building Code.

38.5.3.2

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Hanging of plastic from ceiling or from suspended overhead structures to create wall dividers shall not be permitted.

38.5.4 Fumigation

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38.5.4.1* General

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Any cannabis growing facility that is fumigated shall comply with 38.5.4.

A38.5.4.1 Fumigation for cannabis growing, processing, or extraction facility includes the production or use of sulfur dioxide.

38.5.4.2* Sources of Ignition

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This section has been amended at the state or city level.

Sources of ignition shall be shut off during the fumigation activity and remain shut off until the required ventilation is completed.

A38.5.4.2  Fire, open flames, and similar sources of ignition should be eliminated from the space under fumigation or insecticidal fogging. Electricity in any part of the building, structure, or space where operation of switches or electrical devices, equipment, or systems could serve as a source of ignition should be shut off. In addition, electronic devices, including portable equipment and cellular phones, should be shut off and telephone lines should be disconnected from telephones.

38.5.4.3 Notification

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38.5.4.3.1

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The AHJ and fire department shall be notified in writing not less than 48 hours before the building, structure, or space is to be closed in connection with the utilization of any toxic or flammable fumigant.

38.5.4.3.2

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Notification, as required by 38.5.4.3.1, shall include the following:
  1. The location of the enclosed space to be fumigated or fogged;
  2. The occupancy;
  3. The fumigants or insecticides to be utilized;
  4. The person or persons responsible for the operation; and
  5. The date and time at which the operation will begin.

38.5.4.3.3

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Written notice of any fumigation or insecticidal fogging operation shall be given to all affected occupants of the building, structure, or space in which such operations are to be conducted with sufficient advance notice to allow the occupants to evacuate the building, structure, or space.

38.5.4.3.4

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Written notice, as required by 38.5.4.3.3, shall inform the occupants as to the purposes, anticipated duration, and hazards associated with the fumigation or insecticidal fogging operation.

38.5.4.4 Signage

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38.5.4.4.1

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Approved warning signs indicating the danger, type of chemical involved, and necessary precautions shall be posted on all doors and entrances to the premises, including interior rooms and areas.

38.5.4.4.2

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Signage shall be located at the exterior main entry and at the entries to those areas being fumigated indicating the duration of the fumigation.

38.5.4.5 Watch Personnel

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38.5.4.5.1

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During the period fumigation is in progress, a watchperson shall remain on duty at the entrance or entrances to the enclosed fumigated space until after the fumigation is completed and the building, structure, or space is properly ventilated and safe for occupancy.

38.5.4.5.2

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Sufficient watch persons shall be provided to prevent any person from entering the enclosed space under fumigation unobserved.

38.5.4.6 Occupancy During Fumigation

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Occupants of the building, structure, or space to be fumigated, except the personnel conducting the fumigation, shall be evacuated from such building, structure, or space prior to commencing fumigation operations.

38.5.4.7 Sealing of Building Structure, or Space

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Paper, and other similar materials, used to wrap or cover a building, structure, or space in excess of that required for the sealing of cracks, casements, and similar openings shall meet the flame propagation performance criteria of Test Method 1 or Test Method 2 of NFPA 701.

38.5.4.8 Maintenance of Openings

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All openings to the building, structure, or space to be fumigated or fogged shall be kept securely closed during such operation.

38.5.4.9 Venting and Cleanup

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At the end of the exposure period the following procedures shall be followed:
  1. Fumigators shall safely and properly ventilate the premises and contents.
  2. Fumigant containers, residues, debris, and other materials used for such fumigation shall be properly disposed.
  3. Obstructions shall be cleared from gas-fired appliance vents.

38.5.5 Pesticide Application

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38.5.5.1

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A warning sign shall be provided to indicate that pesticides have been applied.

38.5.5.2

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A record of pesticide application shall be provided and shall include the following:
  1. The pesticide product or chemical used;
  2. The date and time the pesticide was applied; and
  3. When the room or area is safe to reoccupy.

38.6* Processing or Extraction

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A38.6 Flammable or combustible liquids, flammable gases, liquefied petroleum gases, or nonflammable gases used in extraction processing of oils and fats are hereinafter referred to as "solvents".

The extraction process includes extracting the oils and fats by use of a solvent, desolventizing the raw material and producing the miscella, distilling the solvent from the miscella, and recovering the solvent.

38.6.1 General

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38.6.1.1 Extraction Room

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38.6.1.1.1

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Extraction rooms in a cannabis extraction facility shall be constructed in accordance with the building code and this Code.

38.6.1.1.2*

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For other than CO2 and nonhazardous extraction process, the cannabis extraction equipment and process shall be located in a room of noncombustible construction dedicated to the extraction process and the room shall not be used for any other purpose.

A38.6.1.1.2 The dedicated room should not be used for any other purpose, including storage. Materials that might interfere with the operation of exhaust systems should be prohibited, such as acoustical ceiling tiles.

38.6.1.1.3

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Cannabis extraction shall not be located in any building containing assembly, educational, day care, health care, ambulatory health care, residential board and care, residential, or detention and correctional facilities.

38.6.1.1.4* Means of Egress

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For extraction rooms using hazardous materials, each room shall be provided with at least one exit access door complying with the following:
  1. The door shall swing in the direction of egress travel.
  2. The door shall be provided with a self-closing or automatic closing device.
  3. The door shall be equipped with panic or fire exit hardware.
A38.6.1.1.4 Examples of rooms using hazardous materials for extraction are those using flammable and combustible liquids and CO2.

38.6.1.2 Staffing

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38.6.1.2.1*

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For other than approved, unattended processes, the extraction process shall be continuously staffed.

A38.6.1.2.1 Nonhazardous processes might not warrant constant attendance by trained personnel.

38.6.1.2.2*

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Staff monitoring the extraction process shall be trained in the following:
  1. A38.6.1.2.2 Staff monitoring the extraction process do not need to meet the training requirements of 38.6.1.3.
  2. (1) The extraction process;
  3. (2)* The transfer of solvents, where applicable.
  4. A38.6.1.2.2(2) The transfer of solvent includes LPG liquid transfilling.
  5. (3) All emergency procedures

38.6.1.2.3

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All staff training records shall be maintained on-site and made available to the AHJ upon request.

38.6.1.3 Operator Training

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38.6.1.3.1

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In addition to the provisions of 38.6.1.2, the operator of the cannabis extraction equipment shall also receive training in safe operation of the equipment.

38.6.1.3.2*

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Documentation of training required by 38.6.1.3.1 shall be maintained on-site and made available to the AHJ upon request.

A38.6.1.3.2 Examples of these programs include, but are not limited to, the following:
  1. Training programs developed by extraction equipment manufacturers
  2. Compressed Gas Association CGA P-1, Safe Handling of Compressed Cases in Containers, for operators of CO2 equipment
  3. Programs by governmental organizations

38.6.1.4 Signage

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38.6.1.4.1

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All applicable safety data sheets (SDS) shall be posted in the extraction room.

38.6.1.4.2

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The NFPA 704 hazard rating diamond sign and no smoking signs shall be posted on the exterior of the extraction room door.

38.6.1.4.3

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Applicable hazard warning signage shall be posted throughout the facility as applicable for emergency equipment.

38.6.1.5 Systems, Equipment, and Processes

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38.6.1.5.1 General

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38.6.1.5.1.1

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Systems, equipment, and processes shall be in accordance with 38.6.1.5.1 through 38.6.1.5.6.3.

38.6.1.5.1.2

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Systems, equipment, and processes shall include, but are not limited to, vessels, chambers, containers, cylinders, tanks, piping, tubing, valves, fittings, and pumps.

38.6.1.5.1.3

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In addition to the requirements in 38.6.1.5, systems, equipment, and processes shall also comply with 60.5.1.6, other applicable provisions of this Code, the building code, and NFPA 90A.

38.6.1.5.1.4

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Systems or equipment used for the extraction of cannabis oils and products from plant material shall be performed using equipment that has been listed or approved.

38.6.1.5.2 Equipment

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38.6.1.5.2.1*

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Where an explosion condition exists, heating equipment such as vacuum ovens, heating mantels, heat guns, or other equipment shall not be used to heat flammable or combustible liquids or oils containing liquefied petroleum gasses.

A38.6.1.5.2.1 An "explosion condition" is considered a condition in which the potential for an explosion or deflagration could occur. If a failure of the containment method for flammable liquids or gases could result in vapors being released in the quantities that may reach the LFL or LEL, an explosion condition could exist. For example, if a flammable liquid or gas is used for a process within a piece of equipment, it is likely that an explosion condition would exist if the equipment was improperly closed, or if there is a pressure relief valve. It is the intention of this section to eliminate known sources of ignition from the vicinity of equipment which use flammable liquids or gases.

38.6.1.5.2.2

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Refrigerators, freezers, and other cooling equipment used to store or cool flammable liquids shall be listed for the storage of flammable/combustible liquids or be listed for Class I, Division 1 locations, as described in Article 501 of NFPA 70.

38.6.1.5.2.3*

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LPG tanks shall comply with 69.2.1.

A38.6.1.5.2.3 The provisions for container (i.e., tank) construction are applicable to the working tank or the supply tank that is connected to the extraction equipment.

38.6.1.5.3 Approval for Systems and Equipment With No Listing

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38.6.1.5.3.1

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Where the system used for extraction of cannabis oils and products from plant material is not listed, the system shall have a designer of record.

38.6.1.5.3.2

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The designer of record shall be a registered design professional.

38.6.1.5.4* Documentation for Equipment With No Listing

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For systems and equipment not listed for the specific use, a technical report in accordance with Section 1.15 documenting the design or peer review of the equipment shall be prepared and submitted to the AHJ for review and approval.

A38.6.1.5.4 The technical report documenting the design or peer review should be submitted for review and approval to the AHJ prior to the equipment being located or installed at the facility.
Where a technical report is required to be submitted for review and approval by the AHJ, the following should occur:
  1. Prior to the submittal of the technical report, the engineer should submit to the AHJ any educational background and professional experience specific to the review and approval of the system, equipment, and processes with like hazards of those associated with the cannabis extraction system
  2. Once the proof of qualifications are found acceptable by the AHJ, the engineer of record should produce the technical report and the report should be signed and sealed in accordance with respective state requirements.
All of, but not limited to, the following items should be included in the technical report:
  1. Manufacturer information;
  2. Engineer of record information;
  3. Date of review and report revision history;  and
  4. Signature page, which should include the following:
    1. Author of the report;
    2. Date of the report;
    3. Seal, date, and signature of the engineer of record performing the design or peer review; and
    4. Date and signature of the engineer performing the engineering check of the report (which cannot be performed by the authoring engineer though it can be the same firm as the authoring engineer).
  5. Model number of the item evaluated. If the equipment is provided with a serial number, the serial number should be included for verification at the time of the site inspection.
  6. Methodology of the design or peer review process used to determine minimum safety requirements. Methodology should consider the basis of design, and should include a code analysis and code path to demonstrate the reason as to why specific code or standards are applicable or not.
  7. Equipment description. A list of all components and subassemblies of the system or equipment, indicating the materials, solvent compatibility, maximum temperature, and pressure limits
  8. A general flow schematic or general process flow diagram (PFD) of the process. All primary components of the process equipment should be identified and match the aforementioned list. Operating temperatures, pressures, and solvent state of matter should be identified in each primary step or component. A piping and instrumentation diagram (PID or PI&D) might be provided but is not required.
  9. Analysis of the vessel(s) if pressurized beyond standard atmospheric pressure. Analysis should include purchased and fabricated components.
  10. Structural analysis for the frame system supporting the equipment.
  11. Process safety analysis of the extraction equipment, from the introduction of raw product to the end of the extraction process
  12. Comprehensive process hazard analysis considering failure modes and points of failure throughout the process. The portion of the review should include review of emergency procedure information provided by the manufacturer of the equipment or process and not that of the facility, building, or room.
  13. Review of the assembly instructions, and operational and maintenance manuals provided by the manufacturer.
  14. Findings and observations of the analysis.
  15. List of references used in the analysis
If the technical report or manufacturer's literature indicate specific requirements for the location, room, space, or building where the extraction process is to occur, the engineer of record, as approved, should review the construction documents of such location, room, space, or building and provide a report of their findings and observations to the AHJ.
The findings and observations should include the following:
  1. Process safety analysis of the entire process from raw material to finished product.
  2. Comprehensive process hazard analysis considering failure modes and points throughout the process and a review of emergency procedures as related to the equipment or process and the facility.

38.6.1.5.5 Change of Extraction Medium

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38.6.1.5.5.1

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Where the medium of extraction or solvent is changed from the material indicated in the technical report or as required by the manufacturer, the technical report shall be revised at the cost of the facility owner and submitted for review and approval by the AHJ prior to the use of the equipment with the new medium or solvent.

38.6.1.5.5.2

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If the original designer of record is not available, then the new designer of record shall comply with 38.6.1.5.3.1.

38.6.1.5.6 Equipment Field Verification

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38.6.1.5.6.1

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Prior to operation of the extraction equipment, the designer of record for the equipment shall inspect the site of the extraction process once equipment has been installed for compliance with the technical report and the building analysis.

38.6.1.5.6.2

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The designer of record performing the field verification shall provide a report of findings and observations of the site inspection to the AHJ for review and approval prior to the approval of the extraction process.

38.6.1.5.6.3

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The field inspection report authored by designer of record shall include the serial number of the equipment used in the process and shall confirm the equipment installed is the same model and type of equipment identified in the technical report.

38.6.2 Liquefied Petroleum Gas (LPG) Extraction

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38.6.2.1 General

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Cannabis extraction facilities using liquefied petroleum gas solvents shall comply with 38.6.1 and 38.6.2.

38.6.2.2 Exhaust

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38.6.2.2.1

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An approved exhaust system shall be provided for LPG extractions.

38.6.2.2.2

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The exhaust systems shall be installed and maintained accordance with NFPA 91 or the Mechanical Code.

38.6.2.2.3

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All LPG extraction operations, including processes for off-gassing spent plant material and oil retrieval, shall be conducted within a chemical fume hood or enclosure in compliance with NFPA 91 or the Mechanical code.

38.6.2.3 Electrical

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38.6.2.3.1

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All conductive equipment and conductive objects within the exhaust room shall be bonded and grounded with a resistance of less than 1.0 × 106 ohms in accordance with NFPA 70.

38.6.2.3.2

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The area within a hood or enclosure used for LPG extractions shall be classified as a Class I, Division 1 hazardous location in accordance with NFPA 70.

38.6.2.3.3

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Areas adjacent to Class I, Division 1 locations shall be classified in accordance with NFPA 70.

38.6.2.3.4

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All electrical components within the extraction room shall be interlocked with the hazardous exhaust system such that room lighting and other extraction room electrical equipment will only operate when the exhaust system is in operation.

38.6.2.3.5

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An automatic emergency power system shall be provided for the following items, when installed:
  1. Extraction room lighting;
  2. Extraction room ventilation system; and
  3. Solvent gas detection system.

38.6.2.4 Extraction Room Gas Detection System

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38.6.2.4.1

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38.6.2.4.2*

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The gas detection system shall alert the extraction operator in an approved manner at a gas detection threshold no greater than 25% of the gas LEL/LFL.

A38.6.2.4.2 The purpose of altering the extraction operator is to provide notification that the operator is in a flammable environment because the LP gas used is not odorized. This could be in a form of visual warning, local alarm, or other approved means. However, it is not intended for evacuation or to dispatch the fire department.

38.6.2.4.3

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Gas detection systems shall be provided with constant non-interlocked power.

38.6.2.5 Protection

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An automatic suppression system shall be provided within hoods or enclosures, including ductwork, in accordance with the following:
  1. An automatic water sprinkler system  that meets all applicable requirements of NFPA13;
  2. A carbon dioxide extinguishing system that meets all applicable requirements of NFPA 12;
  3. dry chemical extinguishing system that meets all applicable requirements of NFPA 17; and
  4. A gaseous agent extinguishing system that meets all applicable requirements of NFPA 2001.

38.6.2.6 Storage

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LPG containers not in use shall not be stored within extraction rooms.

38.6.2.7 Facility Piping Systems

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LPG liquid piping systems shall be in compliance with NFPA 58.

38.6.3 Flammable and Combustible Liquid Extraction

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38.6.3.1 General

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Cannabis extraction facilities using flammable and combustible liquid solvents shall comply with 38.6.1 and 38.6.3.

38.6.3.2 Exhaust

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38.6.3.2.1*

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Extraction and post oil processing operations, including dispensing of flammable liquids between containers, shall be performed in one of the following locations:

  1. A chemical fume hood in accordance with Chapter 7 of NFPA 45; or
  2. An approved exhaust system installed in accordance with NFPA 91 or the Mechanical Code.
A38.6.3.2.1 The intent of this section is to require an exhaust system utilization to capture velocities across the work area. Standard laboratory capture velocity is between 80 and 100 ft./min (24 and 30 m/min).
Most flammable liquid extractions and post oil processing are bench-top process that can be conducted in a chemical fume hood. Larger operations might need larger hoods or special full-room exhaust systems in compliance with NFPA 91 or the Mechanical Code. The exception is intended for small unheated processes where plant material might be soaked in flammable liquid and directly transferred to a food product.

38.6.3.2.2

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Unheated processes at atmospheric pressure using less than 16 oz (473 ml) of flammable liquids shall not be required to comply with 38.6.3.2.1.

38.6.3.2.3

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Classified electrical systems shall be in accordance with NFPA 70.

38.6.3.2.4

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All electrical components within the chemical fume hood or exhausted enclosure shall be interlocked such that the exhaust system shall be in operation for lighting and components to be used.

38.6.3.3 Storage and Handling

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The storage, use, and handling of flammable liquids shall be in compliance with this chapter and Chapter 66.

38.6.3.4

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Heating of flammable or combustible liquids over an open flame shall be prohibited.

38.6.4 Carbon Dioxide Extraction

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38.6.4.1 General

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Cannabis extraction facilities using carbon dioxide solvents shall comply with 38.6.1 and 38.6.4.

38.6.4.2 Storage and Handling

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All CO2 compressed gas cylinders shall be secured to a fixed object to prevent falling.

38.6.4.3 CO2 Gas Detection

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38.6.4.3.1

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This section has been amended at the state or city level.
An approved, listed CO2 detector shall be installed in the CO2 extraction room.

38.6.4.3.2

AMENDMENT
This section has been amended at the state or city level.
Auto calibrating and self-zeroing devices or detectors shall be prohibited.

38.6.4.3.3

AMENDMENT
This section has been amended at the state or city level.
The detector shall be set to alarm at 5000 ppm of CO2.

38.6.4.4* CO2 Discharges

AMENDMENT
This section has been amended at the state or city level.
The extraction equipment pressure relief devices and blow-off valves shall be piped to the exterior of the building.

A38.6.4.4 Exhaust piping can be of the flexible type as long as the piping or hose is capable of handling the force of the exhaust. Relief devices include spring-loaded pressure relief valves or rupture disks.

38.7* Transfilling

AMENDMENT
This section has been amended at the state or city level.
Filling LPG extraction equipment supply containers shall be in compliance with 69.3.5, 69.4.2, and NFPA 58.

A38.7 The intent of this section is for filling the working container (i.e., tank) connected to the extraction equipment.
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