Ohio Administrative Code
Title 1301:7 - Division of State Fire Marshal
Chapter 1301:7-7 - Ohio Fire Code
Section 1301:7-7-39 - Plant processing and extraction facilities

(1) 3901.1 Scope. Plant processing or extraction facilities shall comply with this rule and the building code as listed in rule 1301:7-7-80 of the Administrative Code. The extraction process includes the act of extraction of the oils and fats by use of a solvent, desolventizing of the raw material, production of the miscella, distillation of the solvent from the miscella and solvent recovery. The use, storage, transfilling and handling of hazardous materials in these facilities shall comply with this rule, other applicable provisions of this code and the building code as listed in rule 1301:7-7-80 of the Administrative Code.

(2) 3901.2 Existing buildings or facilities. Existing buildings or facilities used for the processing of plants or where the medium of extraction or solvent is changed shall comply with this rule.

(3) 3901.3 Permits. Permits shall be required as set forth in rule 1301:7-7-01 of the Administrative Code.

(4) 3901.4. All plant processing or extraction facilities subject to both this rule and Chapter 3796. of the Revised Code shall be inspected by the state fire marshal to determine facility and operational compliance with this code. Such inspections shall initially occur in coordination with the medical marijuana processor license application process described in division 3796:3 of the Administrative Code and recur at least annually thereafter. Fire code officials may conduct other inspections of facilities subject to this rule in accordance with section 3737.14 of the Revised Code and this code.

(1) 3902.1 Definitions. The following terms are defined in rule 1301:7-7-02 of the Administrative Code.

"Carbon dioxide enrichment system."

"Desolventizing."

"Gas detection system."

"Miscella."

(1) 3903.1 Construction. Processing shall be located in a building complying with the building code as listed in rule 1301:7-7-80 of the Administrative Code.

(2) 3903.2 Prohibited occupancies. Extraction processes utilizing flammable gases or flammable cryogenic fluids shall not be located in any building containing a Group A, E, I or R occupancy.

(3) 3903.3 Location. The extraction equipment and extraction processes utilizing hydrocarbon solvents shall be located in a room or area dedicated to extraction.

(4) 3903.4 Post-process purification and winterization. Post-processing and winterization involving the heating or pressurizing of the miscella to other than normal pressure or temperature shall be approved and performed in an appliance listed for such use. Domestic or commercial cooking appliances shall not be used.

(5) 3903.5 Use of flammable and combustible liquids. The use of flammable and combustible liquids for liquid extraction processes where the liquid is boiled, distilled or evaporated shall be located within a hazardous exhaust fume hood, rated for exhausting flammable vapors. Electrical equipment used within the hazardous exhaust fume hood shall be rated for use in flammable atmospheres. Heating of flammable or combustible liquids over an open flame is prohibited.

Exception: The use of a heating element not rated for flammable atmospheres, where documentation from the manufacturer or approved testing laboratory indicates the element is rated for heating of flammable liquids.

(6) 3903.6 Liquefied petroleum gas. Liquefied petroleum gases shall not be released to the atmosphere except where released in accordance with NFPA 58 Section 7.3 as listed in rule 1301:7-7-80 of the Administrative Code.

(1) 3904.1 General requirements. Systems and equipment used with the processing and extraction oils and products from plants shall comply with paragraphs (D)(2)( 3904.2) to (D)(4)( 3904.4) of this rule and paragraph (C)(2)( 5003.2) of rule 1301:7-7-50 of the Administrative Code, and other applicable provisions of this code, the building code and the mechanical code as listed in rule 1301:7-7-80 of the Administrative Code.

(2) 3904.2 Systems and equipment. Systems or equipment used for the extraction of oils from plant material shall be listed or approved for the specific use. If the system used for extraction of oils and products from plant material is not listed, then the system shall be reviewed by a registered design professional. The registered design professional shall review and consider any information provided by the system's designer or manufacturer. For systems and equipment not listed for the specific use, a technical report in accordance with paragraph (D)(3)( 3904.3) of this rule shall be prepared and submitted to the state fire marshal for review and approval. The firm or individual preparing the technical report shall be approved by the state fire marshal prior to performing the analysis.

(3) 3904.3 Technical report. A technical report, reviewed and approved by the state fire marshal, as required by paragraph (D)(2)( 3904.2 ) of this rule, is required prior to the equipment being located or installed at the facility. The report shall be prepared by a registered design professional or other professional approved by the state fire marshal.

(4) 3904.4 Site inspection. Prior to operation of the extraction equipment, where required by the state fire marshal, the engineer of record or approved professional, as approved in paragraph (D)(2)( 3904.2) of this rule shall inspect the site of the extraction process once equipment has been installed for compliance with the technical report and the building analysis. The engineer of record or approved professional shall provide a report of findings and observations of the site inspection to the state fire marshal prior to the approval of the extraction process. The field inspection report authorized by the engineer of record shall include the serial number of the equipment used in the process and shall confirm the equipment installed is the same model and type of equipment identified in the technical report.

(1) 3905.1 Gas detection. For extraction processes utilizing flammable gases as solvents, a continuous gas detection system shall be provided. The gas detection threshold shall be not greater than 25 percent of the lower explosive limits/ lower flammable limit (LEL/LFL) limit of the materials.

(2) 3905.2 Emergency shutoff. Extraction processes utilizing gaseous hydrocarbon based solvents shall be provided with emergency shutoff systems in accordance with paragraph (C)(1)(c)( 58031.3) of rule 1301:7-7-58 of the Administrative Code.