Special Occupancies and Operations
Combustible Fibers
Within most cultivation operations combustible fibers will rarely be a consideration but should also not be forgotten. The Hemp industry may have a processing operation that combustible fibers may need to be mitigated.
Fumigation and Insecticidal Fogging
In marijuana facilities, fumigation and insecticidal fogging may be used to kill insects, rodents, other vermin, plant parasites, weed seeds, and fungi that adversely affect growth. Some fumigants are flammable under certain circumstances, and all fumigants are poisonous or toxic. Definitions of fumigation and insecticidal fogging should be looked at closely to determine if these processes are being utilized. To protect the public and firefighters, there are several requirements that must be followed when performing these operations:
1. Permits may be required by the AHJ.
2. Fire departments may require notification, at least 48 hours in advance, of performing these operations, including specific information about the location within the building, the products being used, and contact information for those conducting the operation. In these instances, the products being used must be approved by the fire department.
3. Written notice must be given to building occupants with enough notice to allow evacuation and must include information about the duration of the operation and all hazards associated with the operation. Only those directly conducting the operation are allowed to remain in the building.
4. Sources of ignition must be secured before these operations commence and must remain secure until after the space has been ventilated. Sources of ignition include electricity, portable electronic devices (such as cell phones), telephone lines, and any other sources of spark or flame. Certain types of electrical appliances deemed safe for hazardous atmospheres may be allowed when approved by the fire department.
5. Materials used to seal the affected structure or space must comply with flame propagation performance standards and must be approved by the fire department prior to installation.
6. Every access point to the affected structure or space must have both a warning sign and watch personnel to protect against unauthorized entry. The style and content of the warning signs and the duration of their posting must be approved by the fire department.
7. Personnel engaged in these operations must have proper respiratory protection available.
8. At the end of the operation, the affected structure or space must be safely and properly ventilated, and all fumigation or fogging product containers, residues, debris, and other materials must be properly disposed of.
Note: Sulfur burners used to burn sulfur pills is a form of fumigation and must be treated as such. This method is typically utilized to treat powdery mildew on the plants.
Rack Storage
Rack storage systems present unique challenges for firefighting operations. They allow a larger volume of combustible material than would be present if only the floor was being used, and they place that combustible material in a vertical orientation that increases the potential for fire spread. For these reasons, rack storage systems are very heavily regulated by fire and building codes. There are provisions for structural stability of the racks, aisle widths, exterior access doors for firefighters, special types of fire protection systems, and building features to control the spread and ventilation of smoke.
Permits are required prior to the installation of any rack storage system. A qualified design professional will be required to analyze your space and submit documentation for rack storage to the local building department and fire department.
Hazardous Materials
Marijuana manufacturing processes utilize various hazardous materials subject to the activity. The AHJ should require a detailed chemical inventory in accordance with the fire code to determine the hazards and classifications of the materials used within any cultivation, infused product manufacturing, and concentrate extraction occupancy facility.
Marijuana cultivation or grow operations include similar materials to that of other indoor botanical or greenhouse operations. They may employ the use of pesticides, insecticidal fumigation or fogging techniques, in addition to nutrients and fertilizers. The materials can range from benign to toxic.
Carbon dioxide (CO2), an asphyxiant gas, is also commonly used in marijuana grow operations. Growing in a greenhouse or indoors, the CO2 levels can be reduced as the plants use CO2 during photosynthesis. Enriching the air with CO2 supports plant growth and development. Carbon dioxide may be stored in mini- bulk cryogenic liquid cylinders that are vacuum jacketed, in steel or aluminum cylinders as liquefied compressed gas or be produced by carbon dioxide generators. Supply gases for CO2 generators are natural gas and/or propane.
Dry Ice (Solid Carbon Dioxide), quantities of dry ice arent restricted by codes such as NFPA 400 Hazardous Materials Code or NFPA 55 (which does cover liquid carbon dioxide in a tank or other container), but there are potential issues such as asphyxiation, burns, and explosions.
Infused product manufacturing and concentrate extraction processes, also known as hash oil extraction, may utilize flammable and combustible liquids, flammable gases (LP Gas), and asphyxiant gases. Water- based marijuana, food-based marijuana, and solvent-based marijuana are typical marijuana concentrates.
Each concentrate requires different processes, as well as the use of different materials to extract the product from the plant. Processing may employ the use of closed-loop solvent extraction, pressurized equipment, steam distillation, heat, ice, water or other methods that do not require solvents.
Processing types include, but or not limited to:
1. Water-based marijuana concentrates extract cannabinoids through the use of water, ice or a solid form of carbon dioxide, better known as dry ice. Materials in this category are typically non- hazardous.
2. Food-based marijuana concentrates extract cannabinoids through the use of food products such as propylene glycol, glycerin, butter, olive oil or other typical cooking fats. Materials in this category may be hazard classified as physical hazards or combustible liquids.
3. Solvent-based marijuana concentrates extract cannabinoids through the use of pressurized closed loop systems and non-closed loop systems. Materials in this category may be classified as physical hazards using flammable liquids (hexane, isopropanol, ethanol, grain alcohol); flammable liquefied gas - LP Gases butane, n-butane, propane; and health hazards, such as, high pressure carbon dioxide gas systems. Note that most of these are not closed systems as they have to be opened at some time to get product and waste out, thereby releasing volatile gases.
Compressed Gases
Compressed gases of varying materials may be used in multiple processes in cultivation or extraction and are governed by Chapter 50 and Chapter 53 of the IFC. Listed below are highlighted sections and only refer to common requirements surrounding compressed gases in marijuana facilities. This list is not all- inclusive. Examples of these gases include, but are not limited to, butane, propane, and carbon dioxide.
A code analysis regarding compliance with these chapters in the related processing phases shall be provided by a third-party Oklahoma Licensed Professional Engineer. The code analysis should cite all applicable building and fire codes/standards and identify compliance and/or non-compliance. Operational processes involving compressed gases that should be documented in the analysis should include annual LPG use & storage amounts; annual CO2 enrichment system process and storage amounts including natural gas generators and for any system containing more than 100 lbs. of CO2; annual compressed gas use & storage (required for 6,000 cu/ft. or more of an inert 1 lb. of CO2 = 8.74 cu/ft.).=
Flammable Gases
Flammable gases of varying materials may be used in multiple processes in cultivation or extraction and are governed by Chapter 50, Chapter 58 and Chapter 61 of the IFC. Other referenced standards and/or documents from the IFC include, NFPA 58, Chapter 6 of NFPA 58, Appendix B of NFPA 58, NFPA 70 and the International Fuel Gas Code. Sections listed below are highlighted sections of each, only refer to common code issues surrounding flammable gases in Marijuana Facilities, and are not inclusive of all requirements. Some examples of these gases include, but are not limited to butane and propane.
A code analysis regarding compliance with these chapters in the related processing phases shall be provided by a third party Oklahoma Licensed Professional Engineer. The code analysis should cite all applicable building codes and fire codes/standards, as well as identify compliance and/or non-compliance. Operational processes involving flammable gases that should be documented in the analysis should include annual flammable gas usage and storage amounts.
Pesticides and Fertilizers
Cultivation and extraction operations generally contain hazardous materials regulated by fire code, such as fertilizers, pesticides, and flammable gases and liquids. In some cases, retail facilities sell flammable liquids or gases for do-it-yourself extraction. There are several factors that need to be considered to remain compliant with the storage and use of these materials:
1. All hazardous materials must be classified in accordance with the categories and definitions provided in fire code. This can be a complicated process and may require professional assistance.
2. Once hazardous materials have been classified, there is a maximum allowable quantity that can be stored in a facility. It is possible, and even likely, that different products share a classification and must be counted together towards the maximum allowable quantity. There are options to increase the maximum allowable quantity in a facility, such as use of special hazmat cabinets, building rooms with fire-resistive construction to create control areas, and installation of fire sprinkler systems.
3. Facilities where hazardous materials are stored in certain quantities must have special signage installed outside to make firefighters aware of what is located in the building.
Gas Detection and Alarms
Detection of gas or vapor release is typically not required unless the MAQ of hazardous materials are exceeded. However, Chapter 50 of the IFC states, if the release of hazardous material can cause immediate harm to a person or property a means to mitigate the release shall be provided. This could include the need of a gas detection system.
When using a flammable gas or flammable liquid, processes that are extracting oil from the marijuana plant will typically have some type of leak or gas detection.
Carbon Dioxide is a very common gas used within the marijuana cultivation operation and can also be used to remove the oil from the plant as discussed within the Hazardous Material section. CO2 enrichment areas must conform to IFC 5307.4. Permits may be required by the AHJ.
When a gas detection system is required, the meter is required to be listed and labeled in accordance with UL 2075. Mechanical interlocks that shut down the flow of gas to the unit when gas is detected are required in any facility that is not constantly attended. If personnel are constantly attending the process in which gas is being used and can physically shut off the gas supply, the interlock is not required. In either case, atmospheric monitoring must give an audible alarm indicating the presence of gas in the air has reached its permissible exposure limit (PEL). Shutdown procedures must be followed by the manufactures recommendations and the room must be vacated until all alarms read normal. All equipment used in the detection of flammable and/or toxic gases must be approved by the AHJ and may require construction and mechanical permits. Emergency plans for administrative controls and shutdown should be reviewed and approved by the AHJ.
Liquefied Petroleum Gases (LPG), Indoor and Outdoor
Sites that have LPG such as propane and or butane are regulated under Chapter 61 of the IFC, NFPA 58, and Chapter 6 of NFPA 58. LPG gases are heavier than air and seek low lying areas. LPG has an extremely high expansive ratio, meaning amounts of LPG can lead to dangerously explosive levels quickly. A permit may be required by the local AHJ, but will always be required by the Oklahoma LP Gas Administration.
LPG Requirements:
* Allowed locations if LPG containers within a building are found in NFPA 58 and subject to the approval of the fire code official.
* Compliance for portable containers is determined by NFPA 58 and IFC Sections 6103.2.1.1 through 6103.2.1.7.
* Use of LPG in basements, pits or similar locations is prohibited in areas where heavier than- air- gas can collect.
* Within F occupancies, where manifolded, the water capacity of containers can reach 735 pounds per manifold.
* Because of the physical properties of LPG, special consideration should be given as to the location of LPG. The locations allowed are regulated by NFPA 58 as well as the approval of the fire code official.
* LPG needs to be used with approved equipment for LPG.
* LPG can only be released to atmosphere with accordance to NFPA 58 Section 7.3.
* No Smoking signs, as required by the fire code official, need to be present, as well as combustible material must to be maintained a distance of 10 feet from containers. If containers, regulators and piping are subject to vehicle traffic then protection is required in accordance with NFPA 58.
* Locations for extinguishers need to be in compliance with IFC Section 906 and placed according to NFPA 58.
* LPG containers cannot be stored near a means of egress.
* No more than 200 lbs. of the 2.5 lb. containers may be stored within buildings accessible to the public.
* The use of any un-odorized LP Gas requires a permit from the Oklahoma LP Gas Administration.
* Any extraction process that utilizes solvents (flammable gases and or liquids) and compressed gases (CO2) will always be required to be in an AHJ approved C1D1 room and or building. Post-extraction processing will almost always be required to be in an AHJ approved C1D2 environment.
Highly Toxic and Toxic Materials
*Reserved*
Flammable and Combustible Liquids
Flammable and combustible liquids are used for solvent based extraction of marijuana concentrated products. Hazards involved are the release of the solvent and low level ignition sources. Often these liquids are under pressure and a release could easily result in an explosion.
Classified locations are for areas where flammable liquids are stored, handled, dispensed and or mixed. The locations are held to the requirements of IFC Table 5703.1.1.
Piping systems for flammable and combustible liquids need to be in accordance with IFC Sections 5703.6.1 through 5703.6.11 and the design of such systems need to be in accordance with NFPA 30 Chapter 27.
Hazardous Ventilation
Flammable/combustible liquids and compressed gases used in extraction or processing in Marijuana Facilities are required to be vented in accordance with IFC Chapters 50 and 53 and portions of the International Mechanical Code. This ventilation may include systems for gas rooms, exhausted enclosures, gas cabinets, indoor storage areas and storage buildings. Listed below are highlighted sections of the IFC that refer only to common code issues surrounding ventilation of flammable/combustible liquid vapors and compressed gases in Marijuana Facilities and are not inclusive of all requirements.
A code analysis regarding compliance with these chapters in the related processing phases may need to be provided by a third party Oklahoma Licensed Professional Engineer. The code analysis should cite all applicable building codes and fire codes/standards and identify compliance and/or non-compliance.
Referenced Standards and Codes
Current Editions of the following:
* NFPA 10- Standard for the Installation of Fire Extinguishers
* NFPA 13- Standard for the Installation of Sprinkler Systems
* NFPA 30- Flammable and Combustible Liquids Code
* NFPA 55- Compressed Gases and Cryogenic Fluids Code
* NFPA 58- Liquefied Petroleum Gas Code
* NFPA 70- National Electrical Code
* NFPA 72 - National Fire Alarm and Signaling Code
* NFPA 497- Recommended Practice for the Classification of Flammable Liquids, Gases, or Vapors and of Hazardous (Classified) Locations for Electrical Installations in Chemical Process Areas
* IFC 5307 CO2 Enrichment
* IFC Chapter 39 Cannabis Processing and Extraction
Considerations for Other Regulatory Departments
Building Construction
Cultivation, grow, processing, and or extraction facilities should comply with the AHJ adopted fire and building codes for Use and Occupancy for a Factory (F-1), moderate hazard occupancy, primarily due to unconventional electrical systems, fumigation, carbon dioxide enrichment, maze like rooms, and the usual close proximity to other occupancies.
Dispensaries should meet AHJ adopted fire code and building code for the use and occupancy for Mercantile (M) occupancy.
Many times other marijuana industry centered facilities will be based on a use and occupancy classification of a Mercantile Occupancy, M International Building Code (IBC 309.1) or possibly a B if there is patient care and similar.
Use of a building and or structure or portion thereof, for the display and sale of merchandise and involves stocks of good, wares or merchandise incidental to such purposes and accessible to the public.
When a building department determines a structure or portion thereof to be a classified occupancy, the designer of record may be required to demonstrate declassification through ventilation designs or other methods.
In rare instances the building (greenhouse) may have a classification of a Utility Occupancy only when the greenhouse utilizes the natural abilities of the earth (sunlight/wind only) and has no electrical and or mechanical within.
Electrical
Grow facilities have a very high electrical demand due to the grow lights, air conditioning units, and other equipment. The electrical system must be sized and installed in accordance with the National Electric Code (NEC). Fire Codes prohibit the use of extension cords or power strips as permanent wiring to equipment, lighting, fans, etc. If the facility was created as a remodel to an existing building, it may be necessary for the electric utility company to upgrade the conductors and/or transformer serving the building. However, when dealing with a hazardous process some AHJs and designers have chosen to classify the location according to NFPA 70 Article 500.
Mechanical
Oklahoma state laws require that the marijuana infused product operations be located in a designated room and most AHJs require a hazardous exhaust system installed to capture any potential release of flammable gas.
Many AHJs require a system be installed to ensure that the odor from such locations cannot be detected at the exterior of the facility. Confirm with International Mechanical Code (IMC) for confirmation of air changes required. An engineered system may be required when carbon dioxide or other gases are utilized.
Technical Assistance
The fire code official is authorized to require the owner or agent to provide, without charge to the jurisdiction, a technical opinion or report.
In marijuana cases, a qualified professional can provide engineering certification to a piece of equipment for compliance with fire code, standards or best practices. The professional can also provide an Occupancy Evaluation Report that evaluates the occupancy and identifies facility compliance with the fire and building codes specific to the marijuana operation.
Zoning
Marijuana facilities, in many jurisdictions, have historically been required to adopt the same commercial zoning restrictions as other businesses. Such businesses that sell these types are often prohibited from locating in residential or mixed-use neighborhoods. Each jurisdiction might have specific requirements and should be evaluated prior to purchase, lease or occupancy.
Licensing
Most jurisdictions adopt licensing code and regulations that are supplementary to the state marijuana code and rules, and therefore deal mainly with the licensing and disciplinary procedures and processes. The regulation piece may also have an inspection process involved.
Law Enforcement
Most law enforcement agencies maintain a licensing database, and marijuana/medical marijuana licensees and businesses are subject to inspections (scheduled or compliance audits) in accordance with state law. In Oklahoma the main law enforcement regulatory agencies are the Oklahoma Bureau of Narcotics and Dangerous Drugs and the Oklahoma Medical Marijuana Authority.
Office of the Oklahoma State Fire Marshal
The mission of the State Fire Marshal is to promote safety and awareness and reduce the loss of lives and property to the citizens and businesses of Oklahoma through public education, fire investigations, life safety inspections, building plan reviews, code assistance/enforcement and statistical data collection.
The Oklahoma State Fire Marshal oversees the entire State of Oklahoma unless the County or City has provided the State Fire Marshal an approved document, entirely filled out with no alterations, (AHJ letter) to the Oklahoma State Fire Marshals Office.
The Oklahoma State Fire Marshal has the statutory obligation to ensure all jurisdictions accepting the responsibility of being the AHJ adhere to the minimum state-adopted building codes and standards and the ADA. See 74 O.S. 317, 324.4, and 324.11. The Office of the State Fire Marshal retains the authority to review and or audit any projects permitted by a municipality, town, and or county.
Any owner or owners authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structures, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical, or plumbing systems, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the Oklahoma State Fire Marshals Office and obtain the required permit.
Additionally, the Oklahoma State Fire Marshal requires permits to include but not limited to:
* Building (New or Existing), Fire Alarm, Fire Sprinkler, Hood Suppression, Alternative Suppression, Carbon Dioxide, Access Control, Smoke Control, Carbon Monoxide, and Storm Shelters.
Oklahoma LP Gas Administration
The mission of the Oklahoma LP Gas Administration is to protect the health and welfare of the citizens of the State of Oklahoma and to promulgate rules relating to safety compliance in storage, distribution, dispensing, transporting and utilization of Liquefied Petroleum Gas (LPG) in this state and in the manufacture, fabrication, assembly, sale, installation or use in this state of LPG systems, containers, apparatus or appliances.
Additionally, it is:
* To adopt national safety codes of the National Fire Protection Association (NFPA 58 and 54) and Oklahoma rules.
* To enforce compliance through administrative penalties.
* To investigate propane related accidents, fires and explosions.
Oklahoma Medical Marijuana Authority
OMMA is part of the Oklahoma State Department of Health. The OMMA was established to oversee the medical marijuana program for the State of Oklahoma. OMMA is responsible for processing commercial and patient license applications, providing customer service to licensees and applicants, facilitating the rulemaking process based on state statutes, enforcing rules, investigating possible violations of medical marijuana laws and more.
The OMMA is not responsible for building, fire code, and or life safety compliance, as this responsibility will always fall to the State Fire Marshal and or the local AHJ. Per OMMA Rules, Section 310: 681-6-2 Construction of premises, all commercial licensees shall meet the standards of any applicable state and local electrical, fire, plumbing, waste and building specification codes including but not limited to the codes adopted by the Oklahoma Uniform Building Code Commission.
Referenced Standards
Current Editions of the Following Standards:
* NFPA 1: Chapter 38- Marijuana Grow & Extraction Facilities
* NFPA 10: Fire Extinguishers
* NFPA 13: Standard for the Installation of Sprinkler Systems
* NFPA 30: Flammable and Combustible Liquids Code
* NFPA 55: Compressed Gases and Cryogenic Fluids Code
* NFPA 58: Liquefied Petroleum Gas Code
* NFPA 70: National Electrical Code
* NFPA 72 - National Fire Alarm and Signaling Code
* NFPA 497: Recommended Practice for the Classification of Flammable Liquids, Gases, or Vapors and of Hazardous (Classified) Locations for Electrical Installations in Chemical Process Areas
Referenced International Codes
* International Building Code
* International Fire Code
* International Existing Building Code
* International Mechanical Code
* International Fuel Gas Code
* International Plumbing Code
Oklahoma Codes
All state minimum codes as currently adopted by the Oklahoma Uniform Building Code Commission.
Annex A - Building, Plumbing, Mechanical, Electrical, and Fire
Obtain all required permits. Not unlike any other new business venture, permits will be required for installations, replacement, movement, additions, modifications, removal of building improvements, remodeling of tenant spaces, electrical, mechanical, plumbing, and new signs at a minimum. Here are some examples, not all inclusive of what may be needed:
* Building: Moving or adding walls, installing counters and display cases that are attached to the floor or ceiling, storage racks, and attached safes.
* Plumbing: New or altered indoor plumbing. Changing or adding outdoor drainage or wastewater lines.
* Electrical: Data cabling for cash register point of sale systems, computers and security/camera systems, new or changed electrical wiring, receptacles, switches, and fixtures.
* Mechanical: New, upgraded or moved ventilation, heating, air conditioning systems; odor mitigation, gas appliance, gas hot water tank installation or removal.
* Sign: New primary business sign or replacing face of existing sign, temporary sign permits, (i.e., for grand opening, new business announcement, balloons, banners, etc.).
* Fire: Sprinklers (new and maintenance), gasses, oxygen tanks, propane storage and installations, etc.
Fire Code Section
Build a good relationship with the building code official and or fire marshal. Be proactive and contact the building code official and or fire marshal in the authority having jurisdiction as early as possible. They will tell the business what permits, if any, are needed for the operation. Most cities have fire inspection divisions that WILL be checking a business space for fire and life safety issues. It is to the advantage of the business owner to have the fire department on-site as early in the process as possible.
DO NOT assume the fire marshal automatically contacts a business.
Do NOT rely on a checklist from another jurisdiction. Each area may have additional or different requirements.
DO NOT assume a general building permit is all that is needed.
All unincorporated areas of the State of Oklahoma fall under the jurisdiction of the State Fire Marshal unless otherwise noted.
By Oklahoma State Law, each local AHJ can modify and or enact stricter codes as adopted by the Oklahoma Uniform Building Code Commission, however no municipality or subdivision shall enact or enforce any ordinances, rules for construction of or major alterations to buildings with standards less stringent than the building code, as last adopted by the Oklahoma Uniform Building Code Commission.
>Code considerations that may need an inspection and/or permit include:
* Occupancy rating of building: Does it need reviewing/change?
* Walls: Are they fire-rated? They shall not be covered by any combustible material
* Exits and entries: Are they correct according to type of occupancy/size of building.
* Ventilation: Is it appropriate for the processes at your facility that are in use?
* Fire Extinguishers: Are they present and properly mounted, in required numbers?
* Equipment should be listed by a nationally recognized testing laboratory (e.g., UL-listed) extracting systems, drying ovens, exhaust fans, grow lights, CO2 enhancers, vacuum pumps, gas detectors/alarms, and associated equipment.
* Hazardous materials on site including:
* Compressed gases stored properly, used in closed systems only, within permit limit amounts.
* Flammable liquids and gases stored in approved containers, within permit limit amounts.
* Storage and use of other hazardous materials.
* Maximum allowable quantities of hazardous materials.
Oklahoma Building Design & Engineering Requirements
Architectural Requirements: See Building Types and Exempt Building Types in Oklahoma to determine whether an Oklahoma Licensed Architect is required.
Engineering Requirements: New construction or renovation of a commercial building which requires a foundation, and structural, mechanical, electrical and plumbing engineering systems are required to be designed by a qualified Oklahoma Licensed Professional Engineer. If the building is considered a Significant Structure as defined by OAC 245:15-1-3, then a Professional Structural Engineer (P.E., S.E.) is required to be the Engineer of Record for the project. Further, professional engineering licensing laws require that all professional engineers practice within their designated area(s) of competence as listed in the board records, 59 O.S. 475.18(A) (14) and OAC 245:15-9-4.
Oklahoma Board of Engineers
MEMORANDUM
FROM: Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors
BOARD ADOPTION DATE: 2/17/22 (First Revision Date: 6/9/22)
SUBJECT: When is an Oklahoma Licensed Professional Engineer required to be involved in the design, construction and/or renovation of a cannabis facility (facility).
[Ref. Checklist of Code Requirements for Cannabis Facilities - #1 Type of Facility]
OMMA: OAC 310:681-6-2 Construction of Premises, All commercial licensees shall meet the standards of any applicable state and local electrical, fire, plumbing, waste and building specification codes including but not limited to the codes adopted by the Oklahoma Uniform Building Code Commission as set forth in OAC 748: 20. [Source: Added at 35 Ok Reg 659, eff 8-25-18 (emergency); Added at 35 Ok Reg 709, eff 8-
25-18 (emergency); Added at 36 Ok Reg 1759, eff 9-13-19; Amended at 37 Ok Reg 1461, eff 9-11-20]
POSITION STATEMENT
Because of the special circumstances regarding cannabis facilities involving hazardous material and life safety issues affecting workers and the public, it shall be the position of the Oklahoma State Board of Licensure for Professional Engineers and Surveyors as follows:
New Construction
Regarding a facility classified as Group B, F-1, H-2, H-3 or U: the mechanical, electrical, and plumbing systems, as well as the structural engineering, are required to be designed by an Oklahoma Licensed Professional Engineer Oklahoma P.E. with designated competence in each specific discipline of engineering involved. The risk category per IBC 1604.5 shall be considered II, III or IV.
Renovations
Regarding a renovated structure classified as Group B, F-1, H-2, H-3 or U: the existing mechanical, electrical and plumbing systems, as well as the structural engineering, are required to be evaluated by an Oklahoma P.E. with designated competence in each specific discipline of engineering involved, to determine if the existing facility requires any revisions to the engineered systems or layout of the facility to be in compliance all applicable codes. Any alterations to the existing engineered systems shall be designed by an Oklahoma P.E. with designated competence in that discipline of engineering. The risk category per IBC 1604.5 shall be considered II, III or IV.
New Construction and Renovated Facilities
Letters of Code Compliance required by Authorities Having Jurisdiction (AHJs) may be prepared and submitted by an architect, owner, contractor etc. if the required engineering design services of an Oklahoma P.E. with competence in the specific discipline(s) of engineering involved were performed. An architect, owner, or contractor shall not independently certify that the mechanical, electrical and/or structural engineering elements of a project meets code. An architect, owner, or contractor may certify to a Letter of Code Compliance if no engineering design services were required for the project.
However, an architect, owner, or contractor shall not design mechanical, electrical, or structural systems in lieu of obtaining the services of an Oklahoma P.E.. This is a direct violation of O.S. Title 59, 475.1 et seq.
CHECKLIST OF CODE REQUIREMENTS FOR CANNABIS FACILITIES
1. Type of Facility
1. Grow facility with processing/packaging
2. Grow facility without processing/packaging
3. Extraction facility
4. Bakery
5. Edible manufacturing
6. Retail sales
7. Testing laboratory
8. Grow supply store
2. Occupancy Classification
1. Group B
1. Testing laboratory
2. Group F-1
1. Grow facility with processing/packaging
2. Greenhouses for commercial cannabis production which contain mechanical/electrical/structural systems
3. Extraction facility where hazardous materials DO NOT exceed the maximum allowable quantities
1. Control areas may be utilized
1. Bakery/edible manufacturing
3. Group H-3 (in some instances H-2)
1. Extraction facility where flammable liquids exceed the maximum allowable quantities
4. Group M
1. Retail sales
2. Grow supply stores
5. Group U
1. Grow facility without processing/packaging
2. Greenhouses for commercial cannabis production which do not contain mechanical/electrical/structural systems
Includes selected excerpts from the Applying the Codes to Cannabis Facilities. Copyright 2019. Washington, D.C.: International Code Council. Reproduced with permission. All rights reserved. www.ICCSAFE.org
Building Design Requirements (Oklahoma Board of Architects)
Building Types and Exempt Building Types in Oklahoma
Per 59 OS 46.21b, the following building types require an Architect or are exempt from needing an Architect to design and seal all architectural plans, based upon the building's Code Use Group:
(All codes used in Oklahoma are adopted from the Oklahoma Uniform Building Code Commission)
Examples of Most Common Buildings for Cannabis Facilities
1. Common M Buildings: Medical marijuana center, store, or dispensary, department stores, drug stores, markets, retail or wholesale stores, sales rooms
2. Common F Buildings: Marijuana grow facilities, marijuana oil extraction operations, marijuana- infused product kitchens/bakeries, factories manufacturing low-hazard items
3. Common H Buildings: Buildings in which high hazard products are manufactured
4. Common U Buildings: Grow facilities without processing/packaging; Greenhouses for commercial cannabis production which do not contain mechanical/electrical/structural systems.
1. Greenhouse - A structure or thermally isolated area of a building that maintains a specialized sunlit environment used for and essential to the cultivation, protection or maintenance of plants.
Note: To qualify as a U Occupancy with the OSFM, the greenhouse must be free of any commercial growing equipment (grow lights, mechanical ventilation systems, etc.). The structure must be a true greenhouse which utilizes that natural abilities of the earth (i.e. natural sunlight/natural ventilation).
If you have any questions about which types of buildings require an Architect that are not answered by the 59 Oklahoma State Architectural and Registered Commercial Interior Designers Act Section 46.21b, please call the OBA office at (405) 949-2383
Agency Resources
Office of the Oklahoma State Fire Marshal 2401 NW 23rd, Suite 4
Oklahoma City, Oklahoma 73107
405-522-5005 Fax: 405-522-5028 TDD/TTY: 1-800-722-0353
Oklahoma Liquefied Petroleum Gas Administration 3815 N. Santa Fe, Suite 117
Oklahoma City, Oklahoma 73118 Office: 405-521-2458 Fax: 405-521-6037
Oklahoma State Board of Licensure for Professional Engineers and Land Surveyors 220 NE 28th Street, Suite 120
Oklahoma City, OK 73105
Office: (405) 521-2874 Fax: (405) 523-2135
Oklahoma Board of Architects 220 N.E. 28th Street Suite 150
Oklahoma City, OK 73105 Office: (405) 949-2383
Oklahoma Department of Labor (Boiler/Pressure Vessels Program) 3017 N Stiles, Suite 100
Oklahoma City, OK 73105 Office: (405) 521-6100
odolboilers@labor.ok.gov