Rule 26. Building and fire safety.

(1) An applicant’s proposed marihuana facility or a licensee’s marihuana facility may be subject to inspection by a state building code official, state fire official, or code enforcement official to confirm that no health or safety concerns are present.

(2) The department or its authorized agents, state building code official, or his or her authorized designee may conduct pre-licensure and post-licensure inspections to ensure that applicants and licensees comply with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531.

(3) An applicant or licensee shall not operate a marihuana facility unless a permanent certificate of occupancy has been issued by the appropriate enforcing agency. Prior to a certificate of occupancy being issued work must be completed in accordance with the Stille-DeRossett-Hale single state construction code act, 1972 PA 230, MCL 125.1501 to 125.1531. All of the following apply:

(a) An applicant or licensee shall obtain a building permit for any building utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules. The issuance, enforcement, and inspection of building permits under this act may remain with the governmental entity having jurisdiction under 1972 PA 230, MCL 125.1501 to 125.1531.

(b) An applicant or licensee shall obtain a building permit for a change of occupancy for an existing building to be utilized as a proposed marihuana facility or marihuana facility as provided in the act and these rules.

(4) An applicant or licensee shall not operate a marihuana facility unless the proposed marihuana facility or marihuana facility has passed prelicensure fire safety inspection by the Bureau of Fire Services (BFS). The department or its authorized agents, or state fire marshal or his or her authorized designee, may conduct pre-licensure and post-licensure inspections of a marihuana facility. An applicant or licensee shall comply with the following:

(a) A BFS inspection may be conducted at any reasonable time to ensure fire safety compliance as provided in this rule and subrule (5) of this rule. A BFS inspection may be annual or biannual and result in the required installation of fire suppression devices or other means necessary for adequate fire safety pursuant to state standards.

(b) BFS may require marihuana facilities to obtain operational permits, including but not limited to, carbon dioxide systems used in beverage dispensing applications, amended for cultivation use and extraction, compressed gases, combustible fibers, flammable and combustible liquids, fumigation and insecticidal fogging, hazardous materials, high piled storage (high rack system cultivation), and liquefied petroleum (LP) gas.

(c) For specific installation or systems, BFS may require facilities to obtain construction permits, including but not limited to, building construction, electrical, mechanical, compressed gases, flammable and combustible liquids, hazardous materials, LP gas, automatic fire extinguishing/suppression systems, fire alarm and detections systems, and related equipment found during fire safety inspections.

(5) The department or its authorized agents, or state fire marshal or his or her authorized designee, may conduct a BFS fire safety inspection of marihuana facility, at any reasonable time to ensure compliance with the national fire protection association (NFPA) standard 1, 2018 edition, entitled “fire code,” which is adopted by reference as part of these rules. A licensee shall comply with the NFPA 1, 2018 fire code as adopted and the following additional requirements:

(a) Ductwork must be installed with accordance with the manufacturer and NFPA 90A.

(b) Suppression systems outlined in NFPA 12, NFPA 13, NFPA 17, NFPA 2001 may be required to meet the suppression needs within a marihuana facility.

(c) Processors, growers, and safety compliance facilities shall implement appropriate exhaust ventilation systems to mitigate noxious gasses or other fumes used or created as part of any production process or operations. Exhaust ventilation equipment must be appropriate for the hazard involved and must comply with local fire code and Michigan mechanical codes.

(6) In addition to meeting all the requirements in subrules (1) to (4) of this rule, growers and processors shall also comply with the following:

(a) The department or its authorized agents, or state fire marshal or his or her authorized designee, may enter and inspect a grower and processor marihuana facility at any reasonable time.

(b) In addition to any inspections required under the act and these rules, fire safety inspections are required if any of the following occur:

(i) Modifications to the grow areas, rooms and storage, extraction equipment and process rooms, or marihuana-infused product processing equipment within a marihuana facility.

(ii) Changes in occupancy.

(iii) Material changes to a new or existing grower or processor facility including changes made pre-licensure and post-licensure.

(iv) Changes in extraction methods and processing or grow areas and building structures may trigger a new inspection.

(c) For extractions using compressed gases of varying materials including, but not limited to, butane, propane, and carbon dioxide that are used in multiple processes in cultivation or extraction the following must be met:

(i) Flammable gases of varying materials may be used in multiple processes in cultivation or extraction and must meet the requirements in NFPA 90 A, NFPA 58, Appendix B of NFPA 58, NFPA 70 and the applicable parts of the international fuel gas code.

(ii) Processes that extract oil from marihuana plants and marihuana products using flammable gas or flammable liquid must have leak and/or gas detection measures. All equipment used in the detection of flammable and/or toxic gases must be approved by the BFS and may require construction and mechanical permits.

(iii) Marihuana facilities that have exhaust systems are regulated by NFPA 45, NFPA 91 and the applicable parts of the Michigan mechanical code.


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