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Marijuana Facilities – Permitting, Licensing, and Inspections

Marijuana Facilities – Permitting, Licensing, and Inspections


So thank you everyone for coming, my name is Jill Jennings Golich, and I am one of the deputy directors for Denver’s
Community Planning and Development Department. We within CPD have been doing permitting presentations for a couple years now, usually focused on the
commercial sector and the residential sector. You guys hear okay, are the
microphones working? Okay, and even though we’ve been working with you all within
the marijuana industry for a number of years now, we still get a number of
questions over time that come up about what do I need permits for, what do I
need a modification of premise for, how does that impact my zoning permit, what
Denver Fire operational permit do I need? And so we thought we would come together and bring all of the agencies that are most closely involved in the permitting
process together to put together our presentation for you all, and then I
think what will be most valuable is that we will have time at the end for Q&A to
answer your questions. Hopefully we can be just a little bit broader, if you’ve
got a very project specific question come up to us afterwards and we can
exchange information to answer that specific question about a specific project. So, with that, we will do introductions as we go, but you’re going
to hear from all of the agencies you see on the slide here tonight. And again, just
want to say thank you very much for coming out on a Wednesday night. Okay, so hello, my name is Netia Ingram.
I am with Excise and Licenses, and to kick this off I think we want to cover
you know what our Denver’s primary goals in regards to legal marijuana. So as
everybody knows, in 2012, Colorado voters passed Amendment 64, which allowed for a system of commercial recreational marijuana. And Amendment 64 came with an option for local jurisdictions to opt in or opt out,
at which time Denver decided to opt in, and our goals have been to implement the
will of the voters by ensuring that we have careful regulations in place around
how marijuana is grown, processed, and sold, to make sure that we’re upholding health
safety and welfare standards in the city. So, you’re gonna see a lot of this
presentation revolves around those health, safety, and welfare concerns. So in
the world of licensing there are two process tracks that every application
goes through. The first license process track is covered when whatever you’re
doing cannot possibly, or at least hopefully, impact health, safety, or
welfare at your facility. So that’s going to be your renewals, or corporate
structure changes, and your request remand floor plan applications. The
process is pretty simple, you submit an application to Denver Excise and
Licenses, we get state approval for whatever it is you’re doing, whether
that’s adding, well, removing new owners, or changing your trade name, whatever it
is. And then we issue you a license or we complete your amendment, whatever that
might be. The second process track is a little bit more involved, so this is when
whatever you’re doing could potentially impact health, safety, or welfare
standards at the facilities. So, this is going to be your applications for a new
license, a transfer of location, transfer of ownership, or a modification of
premise. So essentially this path starts again with application submittal and
then there’s a Quality Control review. After which, if you’re a storefront,
you’re going to have a hearing potentially, if you’re either a new
license, or you’re moving locations. And then we get to the real meat and potatoes of
the process which is the inspections piece. So, that’s where five or six
different city agencies will come out, and they will visit you at your facility
and make sure those health, safety, and welfare standards are being enforced.
Again, at the end of that, we ask for state approval of whatever it is you’re
applying to do. So, state approval for your mod, state approval for your
transfer, and then at the end you get a license or
we close out your application. So, before we move on, we had a lot of questions
these days about what is the difference between a modification of premise and a
request term and floor plan. So, we have some content here for that. A modification of premise per MED rule is required anytime you do any change to
your facility which is considered material or substantial. And rules MNR
303 grant pretty wide berth for the local jurisdiction to determine what is
material and substantial. So, Denver has opted to interpret that to mean anything
you do that has the possibility of impacting health, safety, or welfare at
your facility is going to be material and substantial and requiring mod. A list
of what that entails is altering your facility layout or square footage – this
means you added a wall, you removed a wall, you added a door, you removed a door,
you change the room use from an office to a grow room, anything that changes the
configuration of your building. Also a point of sale location changes, changing
your electrical fixtures that you’re using for cultivation, changing your
extraction equipment, or any component thereof, so your ventilation hood for
example, changing your enrichment system, or basically doing anything that would
require a building permit, with the exception of adding security cameras,
that does not require modification of premise. Otherwise, if you’re doing
something to your building it is a modification of premise. In Denver, the
other track, the request amend floor plan track, is when whatever you’re doing is
not material and substantial. So that’s adding and removing security cameras,
identifying your license premise, limited access area, or restrictive access area
for the first time, subsequent changes to those areas do require a mod. And then finally, the last one’s a little confusing, this is altering an ongoing
application for a modification of premise, a transfer of location, or a new
license. So, for example, if you submit a modification of premise to change an
office to a cultivation room and then the Fire Department comes out and says
you need a second mode of egress that you didn’t originally have planned for,
well now the floor plan you had originally given the excise and
license no longer works, because you’ve added a new doorway, so you would have to amend your floor plan via this secondary process. A couple of notes before we
leave the slide. One, you only need a new zoning stamp if you are altering the
facility layout, which includes doing any type of exterior work, rooftop units,
landscaping, things like that, or if you are changing interior uses, or walls, or
doorways. If the actual building configuration is changing, if you are not
doing any of those things, and you are say adding and removing cameras, or
changing out your extraction equipment, you still need to give us a floor plan
with a stamp of approval from zoning, but you can give us a second floor plan that
is identical in configuration with your cameras marked, or your license premise
marked on it, or your point of sale, you don’t need to go back to zoning any time
you’re doing something that’s not altering your facility layout. The other
thing I want to touch on, because we get a lot of questions, is when we determine
whether or not a modification of premise is required, we are basing that
decision off of the last floor plan approved by Excise and Licenses. So it
happens frequently that maybe you bought a license and the previous owner
modified a piece of it and you didn’t even know, or maybe you pulled a building
permit after you went to the MVD, but you never came to Excise and Licenses. So in
that case we are going to require a retroactive modification of premise to
allow for all of the inspection agencies to come out and verify that whatever
change you made to that facility is going to meet those health, safety, and
welfare standards. Okay, so when you get to inspections there are six agencies
that do inspections: zoning, fire, building, public health, environmental quality, and
excise and licenses. Typically, those agencies are going to require that you
either have a permit or you have a plan review submission in to us before they
come out inspect, and certainly before you do any work on your facility. Another
FAQ we get is, in what order do you need to do your licensing applications and your building permit applications, and the answer is that’s
really up to you. There are pros and cons on either end of that. For example, if
you’re a storefront and you have needs and desires hearing and you might not want to get building permits until after you’ve passed your needs and desires
hearing, because if it doesn’t turn out the way you want that could be a sunk
cost. On the other hand, as hopefully we all know, your licensing applications, you
get twelve months to complete them, so you might want to get a jump start on
your building permits so that you can get through the whole process in the
allotted amount of time. So which option you choose, it’s completely up to you as
a business. So Exercise and License does not do a plan review, but we do quality
control applications once we receive them. And what that entails is, first we do
a proximity measurement, which you can see our handy dandy software. Type in
your address, we look within a thousand feet and see if there’s anything there.
Once we do that, we also review your documents to make sure A. you submitted
all of them. B. they’re complete, C. they’re legible, and D. they’re legally
executed. So if you turn in a lease and it doesn’t have signatures, or you turn
in a copy of driver’s license and we can’t see who you are, those would be reasons that we would reject a quality control review. But then
once you pass quality control we move you forward to either a hearing or
inspections and with that I’m going to pass it off to Anna to start talking
about zoning inspections. Thanks Netia, I’m Anna Valdez with the
Denver Zoning Department, and I’m gonna be talking about the three
types of review that we do in zoning. Commercial zoning is really what we’re
gonna focus on today, the SDP is a separate process that we’re not going to
deal with, and Jill is going to speak about simultaneous reviews, and she has
her turn. So, really, the first step in no matter what process you decide to go
through, is getting a copy of your existing zoning file. So, that includes
all your existing permits, floor plans, site plans. Then you know what you’re
dealing with, you know what we need to account for on your next permit. Maybe
you did something without a permit, you got a building permit, but you didn’t get
a zoning permit, so this is our opportunity to make sure that everything
is correct. We also have a new process that we’re doing to accommodate the
licensing requirements for the floor plan modifications, and that involves
getting all of your previously approved plans, reconciling them with the zoning
that we have on file, and issuing you a new up-to-date floor plan for Excise
and License. So, when you do decide that you need a new permit, whether that’s for
construction, or use change, we’re going to be, we have new zoning applications, we
just redid all of our applications and they’re very easy to use and they have a
lot of information about all of our use categories, and what our submittal
requirements are currently. This is an example of a good floor plan. This is our
floor plan sample, and you see that all of the rooms are dimensioned and labeled.
That’s one of our top flaws in our submittals, is that we don’t have all of
the rooms labeled and dimensioned, that means hallways, entryways, everything. This is an example of a good site plan, where we call out what our uses are, our square
footage, and our parking. This is another good example of a site plan, you see all
of the parking dimensions, are called out, the zone lot line is called out, and
the HVAC is called out, whether it’s existing or new, and it’s easy to see
where everything is. This is what the inspector is going to be looking for
when he goes out, he’s inspecting against these plans. This is a list of
all of our land use categories and their corresponding licenses, and it’s
important to know what your use is, so you will want to do some research and
read those definitions to see what best applies to you. You also need sign
permits, so that’s gonna be any time you do anything, maybe you put a mural, but
the mural has to do with your use, that means that’s a sign. If you paint it on
your building it’s a sign, if you put it in the window it’s a sign. So, these are
some examples of illegal signs and legal signs. We have very good sign submittal
requirements and explanations online in our sign guide and that’s going to tell
you all the sign definitions, how we measure, and how we calculate your
allowance. Your allowance is calculated based on your street frontage, and it
depends whether or not you have other tenants on site, so it’s really important
for you to give us good up-to-date site plans. That’s, it’s to your benefit to
give us the best information so that we can give you the best allowance, the best
calculation. So typically, what we see is missing dimensions of all types. If
you’re in doubt, put the dimension on there, there’s very few times when I
don’t want to know where something is in relation to the zone lot lines, so err on
the side of caution. Also, use your land use terminology whenever possible. I
don’t have a problem if it says grow instead of husbandry, but when we get
into words like kitchen, that could be construed to mean different things, so
it’s real important that we get the right zoning designation and we use the
right terminology. And your plans and your submittal, your plans and your
application, need to agree with each other, so if you call something kitchen
on your plan, but you call it a laboratory on your application, then we
have a problem because we’re not in agreement. The other thing we have an
issue with, is that people don’t realize that their zoning permits do expire
after 180 days, so keep that in mind you can ask for an extension, but you need to
do it in writing and the code spells out what that that request needs to include.
It’s important that you do that at least 30 days before you anticipate an
expiration, that’s very important. That all can again be found in the code. That
means, if you are going to get a building permit, don’t wait too long to submit for
building. Try to have an idea of how long it’s going to take you to get through
building before you pull the zoning permit. Okay, the other issue we have is
transformers, and everybody knows that those have been sometimes placed in
places that are inappropriate, they don’t meet the zoning code, and so that causes
a lot of problems. So, just be advised that they are required to meet zoning
setbacks and that there are some allowances to be in the setback, but you
have to meet those limitations. We also offer pre-application meetings, right
now we’re scheduling into April, but we do allow you to come in and kind of work
through what your idea is to make sure that you’re on the right track, and to
let you know whether or not there’s something like a showstopper that you
need to be advised of. And we’d like you to submit well in advance of any
meetings that you have with the Med, because our review process is currently
at about six weeks, so you want to be able to get through before you have any
meetings with any other regulatory agencies. And we also have this new
inspection checklist that’s available to you. So, that means you can you’re going
to know what the inspector is looking for when he comes to do your inspection,
and you can also do three one on one for licensing inspections as well as COs, but
you have to request that at the same time. Okay, from there I’m going to
turn it over to Jill. Thank you Anna, again, I’m Jill Jennings
Golich, Deputy Director for Community Planning and Development. So, I’m going to
talk a little bit about when do you need building permits, and what codes apply to
your facility. So, pretty much, if you are changing occupancy. So, let’s say it was
previously an office, and now you’re going to retail sales and are going to
be setting up a marijuana store that would require a new certificate of
occupancy. And even something in the same occupancy category from a building
perspective, let’s say an office and a hair salon, those are both a Group B occupancy, but they’re very different character in
terms of uses, so that would also require a change in occupancy. So, that’s a
process that involves in submitting for building permits, and then going through
inspections. If you’re adding square footage, obviously you’ll need building
permits as well as zoning permits, and then any interior work that you might be
doing, such as new walls, moving doors. If anything related to your mechanical,
plumbing, or electrical systems and equipment, security, hardware and access
control. But one caveat, if you already have a security system in place, and all
you’re doing is adding, let’s say one additional security camera, you don’t
necessarily need a building permit, but you may need a licensed electrician to
pull a quick permit if you need to put in a new circuit to serve that security
camera. And then changes in finishes such as flooring and countertops do not
require building permits. So, our building codes, currently we are on the 2015
series of international codes, with 2016 set of Denver amendments, and you can
find all of our amendments, as well as links to the international codes, on our
website shown here. I also want to note that we follow the state in terms of the
electrical code, so just last July the state changed from the 2014 National
Electric Code to the 2017, and so any new permit requests that come in have to
follow that electrical code, but if you’re doing work under permits
previously issued under the 2014 Electric Code you can continue with
that work. So, gosh, a year or so ago now we worked, after some questions had come up related to occupancy classification for marijuana stores, to put together a
policy, and it’s in our Denver building code policy IBC 302.1 to classify
when marijuana stores have to go through a change of occupancy process. So, when
this all started back in ’09, we had made a decision, because it was just
envisioned to be medical at that time and there was this whole consultation
process that was envisioned to be involved in part of the medical
marijuana world, that we were going to treat medical stores more like a Group B occupancy. So a doctor’s office type thing. What it has
transitioned into, and especially with the advent of recreational marijuana, is
it’s a store, it’s like any other store, if you’re selling jeans or you’re
selling marijuana. And for us, from a building code perspective, that’s a group
M occupancy. So in working with a marijuana industry group, and after
touring a number of stores, we put together some thresholds. So, this doesn’t
apply if you’re just out doing your business, you’ve had your Group B
occupancy for your store. But, if you’re going to make changes, then we’re gonna
ask that you go through this change of occupancy process. So, if you’re
increasing your square footage, we’ll want to see a change in CO, if you’re
altering more than 50% of your total space of that store or center, so, you’re
doing a pretty major renovation, then we want to go through that change of
occupancy process. Or if you are a shared location, so, you’ve got a store, let’s say, and a grow facility, if you’re modifying 50% of your space but most of that’s in
the grow facility, we’ll still want to go through that change of occupancy, because you’re already going through all the work to get drawings prepared and do the
appropriate code analysis, so it’s really not that much additional work to do this
at that time, and again, you can read more details about that in our building code
policy, which is online at DenverGov.org/BuildingCode. So, real quick, in December of 2016 the City Council passed an amendment to
our building code requiring all single occupant. So, that means you’ve got a room with a door, and one toilet, and one sink, or family, or assisted use restrooms to be signed as gender-neutral. So, this went into effect
in December of 16 for new facilities, but if you’re an existing facility and you
have a single occupant stall, that sign needs to be changed by April 30th of
this year. So, you’ve got a month and a half, give or take, to get that done. The code does not specify what type of sign, so
we’ve got some images here, really all that we’re looking for is that it has to
be clear that it’s open for use by all genders. And then again, if you’ve got a
family restroom, which most probably don’t, family restrooms are usually found
in assembly occupancy, so Pepsi Center, Coors Field, but if you do have a family
restroom we want that family restroom sign to remain and then you would add a
second sign indicating that it’s also able to be used by anyone of any gender.
So, I’m going to talk real quickly about sort of our login process. And brand-new
as of, was it this week, I think we’re accepting plans electronically, which is
huge for us. It’s been a long time coming, but it’s so
easy your kid can do it. It may be better if your kid does it, depending on how
good you are with technology. So, you can send your plans to [email protected], so no longer do you have to come to our second floor counter, make an
appointment, or wait in line to login, you can send in your plans by email and we
will log them in for you. So, you’re going to save all your files as a PDF, and then
any documents, and this is kind of the same with paper, that is prepared by a
licensed architect engineer or surveyor, has to have a stamp. So in the paper
world, you’ve got an original signature, an original stamp. And then the same goes
in the electronic world, and we have guidance on our website about how to
create an electronic signature that meets our needs, but each of those
individual disciplines will have to sign and stamp their work electronically.
And then again, if it’s not for you, you can still submit paper to us, and you can
make an appointment for our login service at DenverGov.org/DS, and that’s
also where you’ll find additional instructions. And then, just a quick note,
this isn’t for any walk through process, our walk through a process is still an
in-person review at our counter. So, as Anna mentioned, last year we launched a
simultaneous zoning and building process. So this, the goal of this was to cut down
overall review time, so that you weren’t, you know, waiting for zoning to do their
work and then waiting for buildings to do that work. This allows you to have
things happen concurrently, so zoning is looking at your plans, and buildings
looking at your plans at the same time, and then once everything is approved you
would get your zoning and building permits. To do this, you’re gonna have to
include a zoning submittal when you log in for your building permits, and then
there’s also a simultaneous review request form in our commercial building
permit guide that’s gonna have to be signed by the registered design
professional working on your project, essentially attesting that they have
actually looked at the code, that what they’re doing and what’s proposed on the
plans is in compliance with the zoning code. If you log in and we find out, for
instance, that the use you’re proposing isn’t permitted, we’re gonna stop the
project and building review won’t happen until the zoning issues are resolved, so
you really want to make sure you’re checking the zoning code and that the
use is allowed and then it’s not, for instance, a require some sort of
administrative review on the zoning side, like you a special exception review, that
requires Board of Adjustment, or an informational notice process. And then
this is not an ideal path for zoning permits that can be issued at the
counter, we also did release guidance earlier this year on our website about
what kind of projects zoning will review at the counter and what projects they
recommend logging in, so it’s no longer a surprise, we’re being upfront and telling
you, so you don’t have to spend time coming to the counter if it’s something
that we’re gonna tell you has to get logged in for a review by
zoning. So, this list covers some of the major items that are often missed at the
time of login for building permits. So, this is not an exhaustive list, our commercial building permit guide has checklists depending on project type,
whether your new building, or tenant finish in an existing building, about
what’s needed, but often what is missing, and what you get turned away for, are the
fact that you don’t have structural calculations, or you don’t have a
complete set of mechanical, electrical, or plumbing, your code analysis is missing,
or you’re referencing the wrong set of building codes. Like, for instance,
the 2018 version of codes just came out and your plans say 2018, but we in the
city are working under the 2015 series of codes, so that’s a big issue. And then
your code analysis has to indicate your method of International Energy
Conservation code compliance, that’s that’s going to get you turned away at
the counter if you don’t at least have that minimal piece of information for
energy code documentation. As previously talked about, your plans have to be
signed and stamped when prepared by a registered design professional, and then
you’ve either got to have your zoning permit already, you’ve got to have your
okay from your project coordinator, if you’re doing a new building and you’re
in the site development plan process, or you have to have that request form for a
simultaneous building and zoning review, along with your whole zoning set to
submit, and then have to submit bound plans or PDFs if you submit
electronically. So, a few quick tips, this is true on both the building side and
the zoning side, until you pay your plan review fees, or on the zoning side your
permit fee, we don’t look at your plans. So if you get that invoice make sure you
pay it right away, whether you pay that online or you pay it at our second floor
cashier, then it gets in the queue to be assigned to a reviewer. You would be
surprised at how many things we have sitting around for a month or longer and
then we get a call saying, ‘hey, why has no one looked at my plans’, and we say, ‘you
haven’t paid your fees’, so please make sure you don’t leave the second floor
without paying your plan review fees. And then another helpful tip, especially for
commercial projects, make sure you are submitting for sewer use and drainage
permit at the same time as you submit for building permits, they have their own
review process, it can take time, and the last thing we want is to have building
approved and you’re still waiting on your sewer use and drainage permit, so
please make sure you’re submitting for both of those at the same time. So, we have some folks here on the
building side that are far more able to speak to this, but this is just a quick
highlight of some of the issues that come up in our building reviews. On
electrical, a big one I know in plan review is that your plans aren’t
coordinated across disciplines, so there’s something showing on the
electrical pages and then something totally different on the mechanical
pages, so that coordination is key. Mechanical and plumbing side, a good one,
and we’ll talk about odor control, but if what you’re doing for odor control
causes any sort of changes to your buildings mechanical equipment, then you
may need to submit for plan review and permits to modify your HVAC equipment.
And then our architectural structural folks are usually looking at
accessibility, egress, and then ensuring that there’s fire rated corridors in
non-sprinklered buildings. So, another item that gets people hung up quite a
bit in our process is, what’s the difference between a resubmittal and a
modified drawing. So, if you don’t have your permits yet, and all you’re doing is
responding to one of our reviewers comments, then you’re making a resubmittal, if you already have your permits and you’ve got to make a change in the field
because of some issue or another, you’re going to submit to us a modified
drawing. So, resubmittals come in via our resubmittals counter, or by email
back to that [email protected] email, and then you’re going to make
sure you include a letter outlining how you’re submitting, or responding to
comments received, so that it’s really easy and takes a little time for our
plan reviewer to go check and make sure all the comments have been addressed. For modified drawings, again, that gets a new log number, and is assessed to mod
our fees. And most important that we get with that is a letter outlining what’s
changed from the original permits and why. That it’s when we get just drawings
it’s sometimes very hard to tell what was changed and so that rationale and
description saves a lot of time on our reviewers part, and makes it much easier
for us to issue permits. And then once those are approved, you do get new
permits, so you could have a job with two commercial permits, for instance, if you had to come in and make a modified drawings submittal and so
that does mean you have to call inspections on both of those permits. So,
one thing that came up as we were preparing for this, when I asked a
question about what did people want to hear about, I heard a bit that green
roofs were very interesting and so the first thing, my pun for the evening, no
not that kind of green. So, just a quick reminder, marijuana in the city of Denver
has to be in a fully enclosed structure, so, it’s not an eligible plant type if
you’re trying to do a green roof on your building. So, if you’re looking for
information about green roofs, DenverGov.org/GreenRoofs has all of the
information we have compiled to date, along with the initiative language that
was passed by Denver voters and went into effect January 1st of this year. So
if you have a roof, or if you have a building and it needs a roof
replacement, and your building is over 25,000 square feet, you have to comply
with this ordinance. If you were doing a new building, and it’s over 25,000 square
feet, you have to comply with the ordinance. And then if you are doing an
addition that causes your building, let’s say your building today is twenty thousand square feet, and you’re doing a six thousand square foot
addition, your building is now over twenty five thousand square feet, and so
the roof on your addition would have to comply with this ordinance requirements.
So, on our website we have submittal requirements, as well as the initiative
required green roof declaration form. At the end of that form contains all of the
submittal requirements for the various project types here. So, unfortunately, one
thing that this did is, last July we launched e-permitting for all of,
most of our quick permits, including roofs, but if you’re now subject to this
requirement you can’t get your roofing permit online anymore, unfortunately. So,
if you’re requesting a variance, or if you’re requesting an exemption because
you feel like your building would need a major structural alteration to comply,
you’re gonna have to log in plans and details for that to our permit counter
in order for staff to review. And that green roof declaration form has all of
the details about what you need to submit, and where to. And then just a
quick caveat, this could all change. So, as some of you may know, Denver
Department of Public Health and Environment has established a task force, a stakeholder group that is looking into the initiative and may recommend changes
to City Council. After six months, City Council can make modifications to that
voter passed initiative with a two-thirds majority vote. So, not sure yet, this is
what we have at the present time, but I just wanted to make you sure you were
aware that things may change, but we’ll keep information updated on our
green roofs website. And then one last note, you can schedule building
inspections online now, you don’t have to call our horrible IVR system anymore, so
that is really exciting. And as Anna shared too, same with building, we can do
your license and CEO sign-off at the same time, we just need to know that you
need that done, so you have to request both. With that, I’ll turn it over to
Brian. Good afternoon, my name is Brian Lukus, I’m a Fire Protection Engineer
with Denver Fire Department. I’m gonna give a quick highlight of our permitting
process and inspection process. We have an hour planned for Q&A after this, so please ask specific questions if you need to regarding topics, I’d be happy to address
them. A high level overview of our permitting and inspection process are
shown here, the blue line at the bottom, the blue swim lane is basically the
construction permitting process when you’re obtaining permits for construction, or build-out, or
modification of a facility. You’ve heard a reoccurring theme tonight of get your
permits. That’s what we’re looking for for fire code compliance, we leaned on the Building Department permitting inspection process to make sure a
building is safe. Once you’ve submitted plans to the Building Department, the
Fire Department engineers will review those plans concurrently with
Building Department permitting, so there’s no reason to do separate
submittals, they’re reviewed at the same time. During that process, in addition the
construction, also hazardous processes are reviewed and approved at that time.
So, if you’re doing extractions, if you’re doing alcohol extracts, alcohol post-processing, those information are going to be
questioned to be submitted and it’s a responsibility of your design team, your
engineers or architects, to justify that whatever process you’re doing is in
compliance with the fire code. We’re looking for that to be submitted at that
time. Also, quantities of hazardous materials stored on-site to make sure
you’re not exceeding maximum volatile quantities should all be submitted at
that time. Once they’re approved, you get your construction permits are issued, and
then there’s an inspection process to ensure all of those permits are
completely closed out. The middle swim lane in red is our operational
permit process. Denver Fire will issue operational
permits for different processes to be conducted, such as extractions. We
issue an operational permit for flammable storage, depending on the
amount of hazardous material you have stored. Those are annual permits that are
biannually inspected, that’s how we track and permit those inspections, biannually in Denver. The top swim lane is the Excise and License sign-off.
So, whenever Excise and License requires a fire inspection, whether it be
for new facility, or transfer of ownership, what our inspectors will do
before they come out and sign out, is just make sure that nothing has changed,
you’re still in compliance with how the space was built out, or you’ve already
completed all of these other operational permit and construction permitting
processes. So, quickly, on marijuana infused products, couple issues that we
just to go over, we do have an extraction room guide, what we expect to see, we kind
of summarized all of the requirements in the guideline at DenverGov.org/DFDMarijuanaInfo. The Denver Fire Code has been adopted in 2016, it’s Chapter 39, and
it could be found at DenverGov.org/BuildingCode Chapter 39 is retroactive
for extraction facilities, with a compliance date of October 1st of 2017, or,
sorry, January, if I forget what we’re well past
the that’s why I don’t know, because we’re well past to the compliant state,
so all extraction facilities should be in compliance with the Denver Fire
Code today. There’s many architects, or engineers, or facility owners working
outside of Denver, in a jurisdiction that adopted 2018 International Fire Code,
those requirements are also retroactive for extraction facilities.
Extraction rooms, a couple things that we see during inspections are just space
planning and processes. The Denver Fire Code was written in LPG extraction rooms,
butane, or propane. To protect three operations, the extraction equipment, our
extraction operation itself, off gassing spent plant material when it’s removed
from the extractor and off gassing oil when you’re collecting your oil. Those
are the three primary things we’re trying to protect against. With the
systems in that Denver Fire Code chapter. Space planning is kind of key, we see
laboratory hoods being used where the extraction equipment is kind of stuffed
into it and there’s not much extra space to off gas spent plant material. When you
dump out your plant material, take a sock full of plant material out,
there needs to be space in there to allow that to off gas, or if you have a
garbage can that’s inside of your ventilated enclosure, it needs to be
vented at the bottom to allow that gas to come out. LPGs heavier than air, so
really pay attention to the size of your equipment and you have room in there to
do that, those operations. We’ve also seen operators take their columns or
collection chambers outside with a ventilator enclosure to retrieve their
oil, the oil retrieval process needs to be conducted inside of that
ventilated enclosure. Nothing should leave that ventilated enclosure unless
you first use your portable flammable gas detector to make sure that it’s not
off gassing any more. Then it could be moved out to the rest of your processing.
Change of LPG extractors, if you have an approved operation with an operational
permit issued for your extraction process, that permit will issue, will record a serial number, make, model, of that extraction
equipment. If you want to change that, and there’s an uh, and it’s on the approved
Denver list of approved extractors, it’s basically just a switch of operational
permit. So, if you do a reapplication and that extractors on the approved list, we
can just update and issue you a revised new operational permit for extractions
with that new extraction equipment. You do need to have a certification letter
from the engineer to be submitted along with that application. Flammable liquid
extractions are post-oil processing during plan review, again, I talked about
the hazardous processes being submitted, just because you have a lab hood doesn’t
mean that any operation to be conducted inside of it, so those details need to be
submitted and clarified by volumes, are you heating your flammable liquid, and
that’ll get approved during that extraction, that extraction or processing will get approved during your permitting process. If you’re already an
existing MIP and you want to change your solvent, or change your process, we
want to review that to make sure that your existing facility is still in
compliance with the Fire Code, so that process would occur by, again, a
reapplication of your extraction permit with a document from an engineer and
architect reviewing what that process is and that the systems that are there are
in compliance with the fire code. This is mainly coming up, we see very often
lately that in 2018 an MED approved use of pentane as an extraction solvent, so
if you want to use that solvent or post-oil process using pentane, we want
to review that, pentane is a higher class of flammable liquid than ethanol, so it
might not just be a one-for-one swap. Fire inspections that the Fire
Department performs, operational inspections, or fire safety inspections,
versus construction inspections, usually if a permit is issued, a construction
permit to install a CO2 enrichment system, or a fire suppression system,
there’s construction inspections that occur based on those permits that are
issued. Operational fire safety inspections occur twice a year on marijuana facilities, and they’re triggered on that operational permit that’s been issued.
Acceptance testing for new systems, or new MIPS, we will come out and do an
acceptance test before either finaling a permit or issuing an operational permit.
For CO2 enrichment systems, before the Fire Department will final that
permit and close it out. A test will be conducted on the system to make sure all
the carbon dioxide centers are operating correctly and the visual appliances are
alarming correctly. That operation will be done prior to signing off that permit.
For a new MIP, or an extraction facility, we want to make sure that the
rooms been designed and is functioning as a whole. So, that means we want to check air
flow in the space, interlocks if they’re required between ventilation and
lighting. If there’s LPG or LP gas detection in the space, we want that to
see that operate and tested with calibrated gas to ensure that it’s
alarming at the correct levels. License transfers of ownership, we do
require new updated operational permit, so if there’s a change of that we’ll
also come out and do a quick inspection, make sure, again, you have your
construction permits if needed, or if any construction has changed. And we just ask
that you post those operational permits on site so if there’s any inspections
occurring they’re available to the fire inspectors. So with that, I’m gonna
turn it over to Shaunette. Hi, my name is Shaunette Gillespie, I’m with
Department of Public Health and Environment, Public Health Inspections.
You might know us previously as Department of Environmental Health, we
did have a name change recently. So, our department regulates all marijuana
kitchens and dispensaries that produce or hold consumable edible products. We
regulate these programs under the same regulations as our retail food
regulations. And for our purposes any marijuana product that’s consumed orally
by your customer is considered a food product and falls under our regulation.
So, prior to requesting any license sign off, any new or remodeled marijuana
dispensary and infused kitchen, also what we call MIPS, is required to undergo a
health plan review. Our review is included with the building department,
but it is required to flag our department specifically for a review so
we don’t get missed. And then after an approved plan
review has been completed, that’s when we conduct our inspection on-site for
either a certificate of occupancy, a temporary certificate of occupancy, or
your business license. Okay, and then for a transfer of ownership, if there are no
changes whatsoever to the facility, a plan review is not required at that time
and then we could jump straight to the inspection process, but this means that
all equipment from the previous owner is left on site and there are no major
changes to the operational procedure or the product list. So, a plan review is
required for transfer of ownership if you’re adding any new equipment, or any
new plumbing fixtures, if there are any significant changes to the operating
plan, or the product list. A good example would be the previous owner may be
doing smoking only concentrates, and the new owner now producing edible gummies,
or a new owner may be installing a bottling line for infused beverages,
that’s a significant change that we would want to do a review. And then a
plan review is also required if there are any room designation changes, or floor
plan revision, and a good example of that would be turning your storage room into
your manufacturing room, because we just need to make sure all
the proper fixtures and equipment are in place to produce the safe product. And
then I also wanted to go over these sign offs that also require a health
inspection. So, marijuana labs do require our
inspection for the license, but we don’t conduct regulatory inspections at these
facilities. Marijuana transport facilities do require a plan review if
you’re going to be holding any potentially hazardous edible, and a
potentially hazardous is any product that you have to keep at 41
degrees Fahrenheit or below for a public health risk. And then the transport facilities do require a licensed sign-off, and if you’re holding
potentially hazardous edibles, will get regulatory inspections as well. And then
I’m not going to go into this in detail, but I did want to provide some of the
MIPS specific requirements, specifically with the plumbing fixtures, because
that’s one of the most common questions that we do get, and one of the most
important things is having that directly drain hand sink in your extraction
room, but also in your preparation areas, and in your initial packaging rooms. Okay, so, after you’ve done all your plan review, if that’s required, and you’ve received
approval from all the other departments, like the building department, you can
contact our public health inspections line, or sorry, you could contact the
311 city services to set up an inspection, or you can email our [email protected], and then you could also request a date and time with
the inspector who gives you the call to set up the appointment. And, let’s see, we
also conduct routine regulatory inspections at the facility, usually it
happens about two months, one to two months, after we do your license sign off,
and then approximately every six months thereafter. And regulatory visits are
unannounced, along with any complaint based inspection. Okay, and I’m also just
provided this like for a reference once you’re ready for the year inspection,
this is just the main points to have prepared prior to your final sign-off.
These items would prevent our approval, but also, let’s see, the business license
we sign electronically, and then the temporary or certificate of occupancy, we
sign that manually, but we can’t sign that if these items aren’t available. So,
just wanted to provide that for your reference, and then I’m going to pass it
on to Ben with Environmental Quality. Hi everyone, my name’s Ben Siller, also with
the Department of Public Health and Environment, Environmental Quality Division.
So, the biggest thing that we require, and it started in November of
2016, are odor control plans for all cultivation and marijuana infused
product facilities. And so, what we require on those, is you just have to
submit a plan. Go to DenverGov.org, and just type odor into the search bar,
and you’ll get all the information that you need on how to fill out the plan.
There’s some templates on there that offer really good, you know, examples and
you can just follow it along. It’s been a real mixed bag, and we’ve received over
800 of these plans since then, and some really good and they’re spot-on, and then
others are very weak and we go through this process where they have to submit
revisions to that plan. Some of the things about the plan, if it’s new, or an
existing facility and you’re putting in new equipment and you can’t prove that
you’ve had equipment in since November 2016, you have to get a certification
from a certified industrial hygienist or a professional engineer that’s attesting
that your plan is going to effectively mitigate odors in accordance with
our regulation. And then, if you do any amendments, or you need an approval from us, we need to have a submitted odor control
plan before we even sign off on your amendment. The most effective control
that we’ve experienced is activated carbon. One of the things I wanted to warn you about is there’s a lot of snake oil
salesmen out there that are trying to sell this unproven technology, and if you
enter into that, you run the risk that it may not be effective to odor, you know, do
odor control. Then other inspections that we do, we come out and hopefully do
annual inspections. They’re unannounced, but some of the things that we look at
is your waste management, light bulbs contain mercury, so those have to be
stored properly, and disposed of properly. We also look at your energy use, we’re
collecting that data because within our office we also have a sustainability
group that’s reaching out to the industry to try and encourage energy use
reduction, and then again the odor control, will follow up on that, will
check your plan and make sure that you’re following it, probably like the
activated carbon, the most important thing is to change that out, if you’re
not doing that, then it may result in a citation. And then the marijuana infused
products is the same thing, we require the odor control for that. Sometimes it’s
an enclosed system and there isn’t any emissions to the ambient air, and if
that’s the case you just described that in your plan, but you still have to
submit all the information for the plan. Thank You. All right, so when you’re done
with all of them, you come back to Excise and Licenses, we are always the last
business license inspection, and we check for a number of things, but I’m gonna
highlight a couple. When we come out, we would like to see appropriate limited
access and restricted access signage. We are going to verify appropriate camera
coverage, and appropriate retention in your surveillance system. We’ll make sure
that your facility layout matches your floor plan, we will look to make sure
that your alarm system is functional, properly permitted, and that if you have
security guards they’re also properly licensed, and whatever waste disposal
system you’re using has to be compliant with MED rules, your manifest and
labeling methods must be in compliance with MED
rules and basically everything in your facility has to be in compliance with
MED rules. So, these are the highlights, we have a full checklist on our website,
but the MED rule book is our rule book. We do have something in our code that
says anything on their books is in our books. So, that is business licensing
inspections in a nutshell. Now, once you’re done with all your inspections
that’s not the end, there’s this last piece, and this is missed a lot. So, state
approval is required no matter what you are doing. There is one exception and
that is the requests room and floor plan application, which I believe every
business is going to be submitting this year, you do not need to state approval
for that, but for everything else we have to either get a new license, or a letter,
or a permit from the Marijuana Enforcement Division, saying that they approve whatever it is you’re doing. You do not have to bring that to
us, please don’t bring that to us, please email us your proof of state approval at
[email protected], include your BFN or amendment record ID,
amendment as in amending and existing license, and we will email you back a
license, or we will email you back and tell you that we’ve closed that your mod,
or record structure change, or whatever it is. You do not need, and this is
kind of a new thing, you don’t need a license on a special piece of paper
because we have iPads and we can look up and make sure your license is actually
valid, so you can just email us, we’ll e-mail you back, and then you have
license. So with that, I did want to note for those of you who are wondering about
the cameras, somebody in the industry suggested we tape this, so we did,
and anybody who happened to not be here or wants to go back and watch this again,
you’ll have that opportunity. And with that, we’re gonna open up to questions. So, real quick, we have a microphone over
here to my left, your right, so folks could line up there in an orderly
fashion and we’ll take questions one by one. Amazingly, because we were much
longer yesterday, we actually have an hour left to hear from you all and to
get your questions and feedback, so very excited to talk to you all, and I just
wanted to say again, thank you very much for coming. Hi everyone, my name is Ashley Kilroy, and I am from the Office of Marijuana Policy, and also the director
of Excise and Licenses, and I just first want to say thank you so much, thanks to
Jill for putting this together, I know it was a huge lift for you, thanks to our
presenters. This was great, and I know it’s a ton of information, it is a ton of information, but they’ve got the links to the website, they’ve got all the
information for you to follow up, and we really did this because we got the
questions from you, you all were asking, you know, a lot of people who have been
in alcohol, you know, working in bars and restaurants and liquor stores and other
businesses, have a lot of this experience, they kind of know how to do it, but you
all with a brand new industry just starting really needed to get this high
level overview, so again, thank you, great job. Thank you. Alright, questions? Yeah, how you doing, didn’t expect to be the first question, so we’ll have a couple questions, one of which being change of
occupancy. I have an operation in which I’m not doing
any new construction, and I’m not the building owner, so it seems as though the
building owner will have to, you know, file for that, which is what’s going on
right now. I’m just curious about the inspections, being that we’re not making
any new constructions to the buildings, we’re not doing anything different with
electrical, plumbing, what would be the process of the change of occupancy, and who needs to be on-site from my team, would I need to be on-site, or would, you know, just the
building owner need to be on-site? And my second question is, uh, in terms of the
process Excise and License in the last inspection, if we’re not supposed to be,
you know, using was in marijuana until we’re licensed, how exactly are you guys
checking the process? Especially, I mean, I’m not doing, like doing an
extraction or anything like that, but you know, in terms of that, how would you guys
be checking you know, process? So, I’m going to have Scott Brisco, our building official, come up to talk about your first question. First of all, I also want
to thank everyone for being here, and I know I’m fairly new to this role as a
building official in Denver, it’s about two and a half years now, and I know that
this industry, it was sort of a tough transition, you coming in for inspections.
Some folks, because of this industry, weren’t familiar with building
construction and permitting and all that, so it was sort of rocky start, from what
I hear, before I got here and I think part of this this process that we’re
doing with different industries, restaurant industry, and you, we also did
it when we created our Marijuana Policy change. We’ve reached out to a lot of
folks in the marijuana industry to do that, so we’re trying to be more
interactive in what we’re doing and I want you to know that tonight isn’t
sort of the end of our interaction, so if you have questions, feel free to call our
offices if you want help along the way, that’s what this is this is sort of
opening the door, saying, ‘hey we want to help you through the process, we’re here
to help you’. We want you to know that, this is really important that and we do it
with all different industries in Denver, so if you
need help, we are here to help you through the process. Don’t think we’re
sort of the bad guys, and we’re the hurdle you have to get over, think of us
more as your team to get through the process. So, that’s, I just want to put
that out there, feel free to call me or my office, the folks in our office, at any
time, we’re glad to have meetings with you, if you need, along the way, we really
want to work with you as a team to get through your project. In terms of a
clarification question for you, what is the current use of the facility now? So,
you might not be doing any construction, but what’s the current use now? At the moment its vacant. It’s vacant, okay, what was it before? I believe it was some type of
retail store now, we’re doing it for a marijuana infused product license. Yes, so,
that changed, that is a change of occupancy, a pretty significant
one, so that you will have to have a submittal from an architect, they’ll have to
come in and there’ll be a whole plan review process. You’re gonna have to
start with Excise and License, like we talked about, go through each of the
components, but you will be required to get an architect on board because what
will happen is there might be, although that you, you might not think there’s
construction, because it’s a change in use, egress might have changed, or the
number toilet fixtures, or the alarm system, something from a code it might
trigger, because it might have been a less intensive use before, now it’s more
intensive in terms of code, and that’s something that the architect will put a
code analysis together and have a just a conceptual layout of the plan. You
might not need any construction at the end of the day, but we need to see what’s
there today so that we can evaluate that with the new use. So that’s the starting
point, is get an architect. And I guess the second part of my question was the inspections that lay it out within the building department inspection process, if
there’s nothing specifically new being done, who needs to be there and what part,
what inspections will be, you know, needed I suppose So, through a change, you’re going to get a change in occupancy, basically with that, because you’re a
change of use and that’s going to require, depending on if there’s
construction, because there might be construction, if there’s no construction
you’ll still have to get an inspection from each of the trades to just look at
what’s happening for that and that’ll be a permit will be
submitted for change of occupancy and then you’ll get inspections against that
and you’ll still need your license inspection and your zoning inspection
with that as well. So you need a zoning permit, a building permit, and all the
other processes along the way. Thanks a lot. And I should just note on that front we do actually have a policy on our website, DenverColorado.org/BuildingCode that outlines the certificate of occupancy process and
does have a scenario where there may be no construction needed, but there’s still,
as Scott said, that code analysis that we need to see and then a permit that’s
issued to inspect against and issue that new CO. I’m actually gonna, so Jared
Garcia, our chief inspector for licensing is here and he is going to answer the
second question. Okay, so, I guess the question is how
would we scrutinize their operation if they’re not in operation yet? Correct. So,
we wouldn’t really scrutinize you in operation we would more do that on a
follow-up on a compliance check the following year. Basically the first
inspection on a new facility we’re checking the floor plan, signage, and all
that kind of stuff, alarm systems, how pretty much we’ll talk
about how you’re gonna operate and go off of that because we can’t scrutinize
you if you’re not open yet, so you don’t have product in the building. You know
so, it would be on compliance. Other questions, please don’t be shy. Hi there, I guess I’m just a little confused, and maybe you covered this already, but with for the building department with
the sign and stamped plans, is that sign and stamped by professional engineer from
our side or would that be sign and stamped by Zoning Department? No, by your side so if whatever whoever architect engineer or what-have-you if they’re a
registered design professional submitting plans to us they have to sign
and stamp their work, essentially it’s them taking ownership and liability for what
they’re preparing. Okay, and then my second question is when we do have a
change on the layout and we do submit for a zoning review because they also
get forwarded to the building and fire code review as well, or do we need to
make a separate submission to that? A separate submittal, unless you do a
request for a simultaneous building and zoning review, as long as you’re able to
do that. So, there are a couple instances where you can’t do a simultaneous zoning
and building review, if you’re in a design review district, for instance,
you’re downtown and there’s design guidelines, you have to do zoning review first, or if you’re in a landmark district you’ve got to do that separate because there’s
a whole landmark process involved. Okay, so, yeah, so, you would have to make a separate submittal, unless you do that simultaneous zoning building request
and then, Scott just reminded me, that as part of the new electronic plan review,
one huge benefit of that is we’re gonna submit for your SUDP for you. Apparently
that happens, it’s part of the process, it happens automatically, so if you don’t
have the required SUDP documents, you may be asked to resubmit, but that is
one benefit of the electronic plan review. And we do get those SPDUs from 8th and Tejon, right, that office? So super recent drainage permitting is
actually here at the Webb Building, second floor, any other wastewater permits are
over at the wastewater management building, and I’m drawing a blank right now on which ones, but I think street occupancy, and those other types of permits are over
there at waste water. At 8th and Tejon? Yes Thank you. Good evening, I’m just curious, and I
don’t know who to address this to, I do some business brokerage in the cannabis
space and you know the extraction of hemp has become a very popular item, and
my understanding is that the City and County of Denver does not allow any hemp,
straight forward hemp extraction, and I kind of wanted to understand the logical
or practical reason, when we have all of this cannabis extraction, why they have
decided, what was the reasoning behind not allowing that? So there’s a little bit of a misnomer, it is allowed in a licensed facility. So if you’d like to do
it you, are welcome to come in and get a MIP license and do it out of a MIP
facility. So a cannabis MIP license and then you can extract hemp and CBD? Yes, however, just keep in mind your product would have to also come from a
licensed facility, so if you’d like to do it, you can do it, you have to do it in
the licensed world, you can’t be unlicensed and do it. So all marijuana
product in the City of Denver has to be handled in a licensed marijuana facility. I thought they just did some sort of differentiation I didn’t realize was a
licensing. I don’t think most of the world knows
it’s a license question it’s like Denver doesn’t allow it, so thank you very much
for clarifying that for me. I have two questions, the first one is the last
thing said to send MED approval letters is that for everything we do, so
like, when we do a modification after you guys have approved it and you send that
letter to the MED allowing us to then submit it to the MED, we have to then
submit the letter from them back to you. Yeah. Okay, is that moving forward or like
that’s always been the case. Yeah, so I mean the largest, so after a year if your
application is not complete, which means getting through the whole process, it
closes administratively. The number one reason that applications are closing
administratively is because we don’t have a MED approval on file which
means that you might have to start your mod process all over because it timed
out. So, right now, we’re actually sending our inspectors out every time an
application expires to say, ‘hey, did you forget this step’, but hopefully it just
becomes common practice. Okay, so I should just backtrack and send you all of those? Yeah, please, send us everything you have. Okay, the second thing is, if you’re changing the use of a room, but doesn’t change the layout, it doesn’t add a door, you might
have to put in a camera, but just the use of it, does that require a new stamp from
zoning? Yes. For all changes of use, or just if it’s changed to a use that
involves marijuana? So, if it’s a permitted use, that’s going to require a
mod, so like, if you’re you know permitted uses sales, cultivation, testing, I’m
missing one, sales, cultivation – oh extractions, manufacturing, yes, thank you,
yes, we would require you to submit a mod to us. Which is going to require, so
when zoning comes out they have a floor plan, and if what they’re seeing on that
floor plan isn’t what’s there, that creates a problem for them, because
they’re signing off that they’re seeing something that doesn’t exist. Okay, so,
like say you’re changing, like, a regular storage room that doesn’t have
marijuana product in it to a storage room with it, then do you need a new stamp
from zoning? No, storage to storage no. Yeah, no, it’s still within the licensed premise No, if you’re changing, if you’re changing the like, purpose of that room entirely then that’s a facility layout change, if
you’re not, I need a step, if you’re not changing you know something that is like
material then it’s not, it’s hard to describe, but if you’re ever in
doubt that EXLapplications inbox, you can email them and they can walk you
through it and look at case by case examples. Okay, yeah, I’m just gonna add
that that if it’s a non-conforming use, meaning it’s no longer allowed in the
district where you’re located, then any change whatsoever needs to come back
through zoning. Earning Martinez construction
management, just had a couple questions, in a greenhouse grow, what dictates to
whether you have a fire protection system or you don’t have a fire
protective system. I’ve seen them both in Denver. So, all greenhouses, all
grows are F1 occupancies, F1 occupancies are allowed to go to 12,000 square feet
without a sprinkler system, if you put in a 3-hour fire barrier you’re allowed to
go up to 24,000 square feet, and if you go beyond 24,000 square feet then
you have to sprinkler. Okay There’s also a provision for windowless stories, so if you have a building that’s over 1,500 square feet and that doesn’t have any
openings, then that could also drive a sprinkler system. But typically when
they’re building greenhouses it comes down to that 12,000
square foot and then you could put up a wall and divide it once into 24,000
square feet without a sprinkler system. If you go beyond that then a sprinkler
system is required. Then the second question, that just make sure we have with a consistency, a lot of times in the building’s only from and I’ll
take two copies of step drawings I just saw a screen up there that says three,
that you have to have three copies which is the two, is it changing So, for building departments submittals for paper you need to give us three copies
and the three copies are one goes to the assessor’s office because if you’re
making changes to your space that impacts is potentially what they’re
taxing you at so that’s how they know what’s happening and then there’s one
set that we keep as our record set which we keep for seven years
and then the third set is what we issue out as the contractor set so when
everything’s approved that’s what should be on site for our inspectors to see and
what should be being built. So three copies is what you want from now on, I just did For building permit subittal, yes. And for simultaneous building and zoning review that we actually need four because you’ve got to have a four set to give to zoning And the benefit of electronic is you
only need one. Hi my name is Truman and I just want to say thank you guys for
doing this, I wish I’d had this a few years ago I think it would have saved me
a lot of time and a few headaches so thank you. My only question is for, for
cannabis retail, fire inspections there are two a year right? Are other retail
stores inspected twice a year for fire and if not why not? Commercially every commercial business occupancy is inspected once annually
when voters approved marijuana an amendment passed it was passed under the premise that it was a regulated industry and they were gonna operate safely, so
that two inspection fire inspection and that’s how that that’s why that’s there. Okay I mean, I get that, I just heard from from folks up here that it was just
another store and it’s a small gripe in the grand scheme of things but if it’s
just another store it’s just another store. Well from from a building
standpoint in terms of occupancy, so that’s a little different depending on what field Okay, thanks. And I can add to that,
so one thing to keep in mind about marijuana that really is different is
that a MIP has a much higher likelihood of exploding than a store and a
cultivation has a much highly higher likelihood of catching fire than a store,
so there are some inherent safety risks in this industry that really like can
you think of another industry other than the oil refinery that could explode
like a MIP, no right so I mean, that’s always in the back of our head we don’t
want things to explode very much so. So, I’m not asking about MIPs or grows that makes total sense to me. It’s just retail stores. Yeah its just retail store, it seems a little burdensome. At the beginning of the presentation it
was mentioned that a change of ownership will require inspections because of a
potential threat to public safety and then the Health Department or Public
Health with Shaunette mentioned that they have discretion not to do
inspectors on change of ownership, is their open discretion for all the
agencies or was that written into the code and it is open to interpretation
who interprets that? And we do do inspections for change of ownership, we do the license inspection to verify that there are no changes we just don’t do a
plan review if there’s absolutely no construction, no new equipment, nothing
that would require a building review Fire will inspect, if there’s a license inspection due, Fire will go out and do an inspection. We won’t ignore that request. Piggybacking on the other gentleman’s
question, do liquor stores get inspected twice a year because it’s a regulated
industry? Like I said, every commercial business is inspected annually, marijuana
occupancies are inspected twice a year. But you said because it’s a regulated
industry. No I didn’t. I thought, I thought I heard you say that. That was that was voted in as far as just a safety when I said it was regulated that when
the voters passed it they wanted the industry to be operating safely, and
conformation that it was, and that’s how we’re accomplishing that. It’s just I misunderstood the regulated part then, thank you. Brian can you do CO2
extraction and post-processing in the same room? Yes My other question is in regards to security cameras I had a conversation today with a company who
said that there is a minimum of 30 required on-site now in order to get a
permit? No Okay, cool. So, I think it’s M, Brian, is it M 304, in R 304, that covers security camera. So, basically yeah ,so M 304 and R 304 cover the
security camera requirements and it is basically anything in your limited
access area needs to be on on camera there’s requirements around being able
to recognize, facial recognition in point-of-sale locations and then in
egresses and ingresses around the limited access areas, so if you have if
you’re like, I think The Little Brown House is a 10 by 10 room, they’re not
just lining up 30 cameras in their 10, yeah, that’s yeah. Just to clarify on the
CO2 extraction question, the post-oil processing can occur, normally if using
flammable liquids that has to be done in a hood so that hood could be located in
CO2 extraction room. Hi, good evening, Neil Favor from Decker
and Jones, thanks for hosting this I just have a quick question, are there any existing
or expected moratoriums on cultivation facilities or retail marijuana stores? So, you cannot apply for medical cultivation ever again according to the way the
ordinance is currently written per City Council and then on the term moratorium,
I’m almost wondering Ashley do you want a field? Ok, so, essentially there is not a
moratorium, there is a cap that City Council put into place in May of 2016
that says there shall be no more than this number of locations, and that number
of locations has yet to be determined, essentially once all the applications
that were pending on May 1st of 2016 reach their final resting place which
were very close to doing, then once we fall below by a certain number, there
will be a lottery for new retail stores and new retail cultivation locations.
There will not be any new applications accepted for medical centers or medical
cultivation, so I would say that is going to occur in 2019 the lottery. Ok, thank you. Thanks again, um regarding the use of modular extraction labs like a
spray booth in a MIP do you have any recommendations for showing those
on-site plans or any other recommendations for those? There there are no pre approved extraction labs so a spray booth is different than I think
what you’re referring to is, is a modular extraction lab, there’s companies out
there selling a shipping container converted into an extraction lab where
it’s already wired and everything is there and you can set it down and
operate, if that’s what you’re referring to all of that needs to be inspected and
permitted as though you were building it, so we want to look at the wiring and the
reason for that is because there’s no governmental or listing agency listing
that whole package assembly as an approved unit. So the electrical you need
an electrical permit for the inside wiring of it, the mechanical systems, the ductwork connection to it. If you’re talking about a spray
booth that’s being used as a extraction or a ventilated enclosure the best way to show it if, if you’re the mechanical
engineer of record, is to call it out as hazardous exhaust system, because we do
not call it a spray booth with any longer, even though we the airflow and
everything we’ll accept as an LPG extraction room, it’s no longer a spray
booth, so the mechanical engineer should specify that as a hazardous exhaust
system for LPG extractions, he should show the fan sizing the velocity of air
that’s going across it, and if it’s a pre manufactured and not pre manufactured
but it’s sold by a manufacturer those model numbers should be specified on the
mechanical drawings and the supporting documents submitted as far as the
approval. Thank you, follow-up can you comment to the air velocity do you have
specific? The fire code requires capture and containment velocity at no less than
75 feet per minute, typically laboratory industry standard
and the paint booth, automotive paint booth, industry standard is 100 feet per
minute caption velocity. Thank you very much. Hey I’m John McBroom from Be Good, a
couple quick benign questions. One you mentioned earlier that we can send an
electrical contractor in for a quick permit however every time I’ve dealt
with the building department and I believe on the website it says that all
marijuana permitting must be a full log in, a commercial log in review? Even if we’re just adding a circuit that’s not the case? We’ve been encountered this for before and we had to do a full log in, is commercial,
quick permitting allowed now? Well so that was specifically, I asked a question about just a security camera so what permits because we were debating yesterday if any building permits were needed if someone was adding a security
camera so that’s the question I was trying to clarify, so let me go back and
ask my staff and double-check and we can we can send out an email to all those
that RSVP’d to clarify Second question, the online
zoning inspection scheduling tool thingy through the new system is the Excise and
License status synced into that system yet, as I had for an Excise and License
request inspection, I did not have the ability to use the online tool. No. No worries. We’re working on it. Any other questions? Can you go up to the
microphones, sorry just because they’re recording. Hi, I have a tight site and
it’s a building divided in half and half of its going to be a MIP and the other
half is vacant do I have to provide parking for the
vacant portion and it count for yeah it’s somehow get its previous use or? We would do that calculation based on the previous use and the thing with parking
in the new code is that the new code is so much more permissive than the old one
when it comes to parking that I very rarely have an issue with parking, so
something that we can definitely have a conversation about but there is, there is
parking credits in the code that are very effective in reducing whatever your
new parking requirement is going to be in relation to your old one, and then
there’s other kinds of reductions and and exceptions, but yeah that we would
base that on the previous use so maybe it was a warehouse and now your new use
is going to be either food prep or it’s going to be manufacturing, they both have
the same parking requirement and warehouse has the same parking
requirement, so it’s really not a change from the previous use, and there may
be no change at all to your requirement. If you’re if you’re going to
be doing LPG trans filling, so filling your supply tank in the parking lot, we
don’t require a dedicated spot, so that can that can be done operationally in a
parking stall and not take away a zoning parking spot. You guys like to see like to see it on the site plan. We want it, we want it shown on the site plan where you’re gonna do a meeting NFPA 58
– separation distances but it doesn’t have to be a dedicated spot, so if you
can operationally stop car traffic, and those cars next to it aren’t going to be
a fire hazard, then that could be done in the parking lot, as long as the
separation distances are met. And you just call it out on your site
plan for zoning and I know that that’s something that’s not really something
that’s above the ground that impedes the use of that space, so that’s fine. Cory Cox Vicente Cedarburg I wanted a
circle back with camera coverage required at the point-of-sale and so to
kind of confirm the main point you’re looking for is that the faces of the
consumers and employees would be fully visible from the cameras? Brian do you have this memorized, okay so essentially there’s a section, I’m pretty sure it’s
M&R 304 and we word-for-word are enforcing what’s in the MED code book,
um I don’t have it memorized word-for-word but I know it says facial
recognition everywhere, something along those lines, around a point of sale. Right, so I guess so long as faces are recognized there’s no specific
requirements for where the camera you know needs to be located so long as
faces are Anthony is gonna answer Anthony is one of our business license
inspectors who has the book. 306, thanks. It’s close. Hh well he’s just gonna give it to
me. And I guess I’m not you know I’m familiar with the rule I’m not kind of
disputing that you need to see faces but just that the I guess emphasis is that
you can see the faces and not where the camera that can capture those faces is
is located. Anthony, what he says. Okay, thank you, thank you. Anything else? Going once, going twice, alright awesome. Well thank
you so much again for coming, we really appreciate it. I’ll follow up on that
security camera question and clarify, we’ll send an email out to everybody that
RSVP’d. Cards and copies of the presentation are outside, thanks again.

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