# Commercial Cooking in Residential Home



## Glennman CBO (Dec 29, 2010)

2009 IMC, IBC.

A woman came in the other day to apply for a business license for cooking food in her home for a catering business.

No employees, no on site customers, only cooking the food and taking it to the customers.

Possible grease laden vapors, smoke etc.

I informed her she will need a type I hood.

Plans examiner comes in the next day and tells me no type I required since it is a residence.

Issue is still unresolved. She hasn't returned with her paper work yet, but would like another take on it (or two), and no, I am not the BO.

Thanks all.


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## fatboy (Dec 29, 2010)

Commercial is, well,  commercial. What you are describing is most definetely not residential. Grease laden vapors, smoke? Type I hood. See 507.1, 507.2, and the associated definitions. JMHO


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## fatboy (Dec 29, 2010)

Commercial is, well,  commercial. What you are describing is most definetely not residential. Grease laden vapors, smoke? Type I hood. See 507.1, 507.2, and the associated definitions. JMHO


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## north star (Dec 29, 2010)

*@ @ @ @*

Me thinks that an approved type & size of grease interceptor will also

be required in her ' Commercial enterprise '.   See Section 1003.3

in the `06 IPC.

*+ + + +*


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## cda (Dec 29, 2010)

does the ahj have anything in writing as far as what codes a business in a residence has to meet???


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## righter101 (Dec 29, 2010)

Commerical Kitchen

The IMC Commentary has some very good explanations and language of what constitutes a commerical cooking operation.  If you read it, the home occupation or home based buisness or cottage enterprise will be treated as a commerical kitchen.

I have had several of these come through lately.  The type of hood to be used can be determined by the intended use.  If it canning only or in another case I had here, low temp chocolate only, then a type II would be fine.  The commentary gives some good guidelines both ways.

The code language supports your decision to require a TYPE I hood but does allow some leeway, depending on the nature of the work.


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## mark handler (Dec 29, 2010)

Health Department


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## BSSTG (Dec 29, 2010)

I'm surprised the plan examiner said that. That house is no longer an R3 to me. 1st off, can't have commercial cooking equipment in a house. So we are changing from an R3 to whatever and all bets are off. Type I hood for sure is required. All of that said, what about requirements from the health department regarding sinks, dishwashers, etc.? Sounds like a slippery path. I'm glad I haven't had to deal with that one.

I guess I need to get that IMC commentary that Mr. Righter is speaking of. I need to read that. Sounds as if that might help me with one of my battles I'm in the middle of. The way I'm reading the IMC there is not much leeway over where a type I hood is required which I think is misguided depending on intended use.

Byron


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## permitguy (Dec 29, 2010)

I see where the plans examiner is coming from.  I dealt with a handful of these in my last jurisdiction.  We never required installation of anything the health department didn't require, which was all plumbing related (3 compartment sink, hand sink, mop sink).

IMO, you have to justify leaving the IRC before you can justify application of the IMC, IPC, etc.  I assume it is still her residence, and not being used solely as a place of business?  There is no limit on the amount of cooking which may take place in an IRC structure, with no hood at all, regardless of the menu.  The OP didn't say new cooking equipment is being installed, let alone commercial cooking equipment.  Those I dealt with always operated in a typical residential kitchen (4-6 burner range and single or double oven).

Food for thought:  you have to be REAL careful if you decide to start selectively applying certain parts of certain codes to a structure without going full-tilt.  If you change this from an IRC structure to an IBC structure, you're looking at a lot more than a kitchen hood and a grease trap.


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## rshuey (Dec 29, 2010)

If it's in her home, check the IRC only and specific sections from the IMC it may call into play. At best, the appliances must be installed as per manufactured requirements which may or may not require a hood. BO's cant just jump from book to book all the time. That's how we get a bad rap! lol


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## Alias (Dec 29, 2010)

Planning & Zoning - home occupation permit - required or not?

Environmental Health Department - commercial kitchen regs - type I or type II, what are we really cooking?  A catering business would involve a lot of different types of food prep.

Last stop, building department for any needed permits.

A sad tale for those who don't check first -

We have a farmers market here and several vendors were selling homemade pies, cakes, jams & jellies, etc.  They were busted by the Environmental Health Department and informed that they could not sell these products without having a certified kitchen and passing the food handling class.

Sue, on the frontier


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## Jobsaver (Dec 30, 2010)

No commercial stove allowed. Commercial hood not required.

2009 IMC 917.2 Prohibited location. Cooking appliances designed, tested, listed and labeled for use in commercial occupancies shall not be installed within dwelling units or within any area where domestic cooking operations occur.

2009 IMC 917.3 Domestic appliances. Cooking appliances installed within dwelling units and within areas where domestic cooking operations occur shall be listed and labeled as household-type appliances for domestic use.

This would be allowed in my ahj as a home occupation (zoning) provided that there are: No outside display, no retail traffic, no employees other than a member of the immediate family residing on the premises, and: No mechanical equipment used except of a type that is similar in character to that normally used for purely domestic or household purposes . . .

I think these are good laws in that they facilitate low overhead for a start-up or small business, but would become a serious limitation for a higher volume business requiring outside employees, extensive deliveries, parking for company vehicles, etc. (things that affect neighbors).


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## globe trekker (Dec 30, 2010)

...and how would you monitor the potentially increasing volume of products being produced

in the residence? How will you know when it stops being a residential operation and

becomes a commercial one? When a larger stove is installed, or more preparation areas,

more cooler storage areas, etc.? Just asking...

"Good intentions" residential cooking fires are just as destructive as "good intentions"

commercial cooking fires.

.


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## fatboy (Dec 30, 2010)

This is another of those topics that we will never reach consensus on. In our health department's opinion, once you start selling a food product, it is a commercial kitchen, and require it comply with commercial requirements, regardless of where it occurs.


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## jj1289 (Dec 30, 2010)

We also have had this a few times.  If someone comes in and they want to convert their basement or garage into a kitchen for baking pies/cakes or catering usually treated as a mixed occupancy and require the proper fire separation between the "kitchen" and residence and the

IBC and IMC kick in.  A large majority of these appliances are only listed for commercial use and not permitted in a residential application.

Very few have come in requesting to operate a business out of their home using the existing kitchen with residential appliances.  In these situations it has been viewed as no change of use due to the volume of product being produced and no commercial appliances are being used.

It has to be looked at on a case by case basis in my opinion.

Our area has a lot of properties with septic systems and that usually drives people away beacause they do not want to spend $10k-$20k modifing the septic system.


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## mtlogcabin (Dec 30, 2010)

Nothing was mentioned of changing the residential cooking appliances to commercial appliances. The menu and frequency of operation should be a factor. Does she cater events everyday or just weekends. How large are the events 6-12-24-48 people or more. I would meet with her and get some answers and be firm and tell her at a certain level she will have to upgrade her kitchen to meet the requirements of a commercial cooking operation. In the mean time I would reccomend she purchase and install http://www.stovetopfirestop.com/ or similar product to install above her cooking appliances.

If you are under the 2009 codes you can require the full blown commercial kitchen ventilation system within an IRC building

2009 IRC

R101.2 Scope.

Exception: Live/work units complying with the requirements of Section 419 of the International Building Code shall be permitted to be built as one- and two-family dwellings or townhouses. Fire suppression required by Section 419.5 of the International Building Code when constructed under the International Residential Code for One- and Two-family Dwellings shall conform to Section 903.3.1.3 of the International Building Code .

419.8 Ventilation.

The applicable requirements of the International Mechanical Code shall apply to each area within the live/work unit for the function within that space.


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## permitguy (Dec 30, 2010)

I suppose someone could propose a code change that puts a limit on the amount of cooking that can take place in an IRC structure.  Good luck with that one!


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## fatboy (Dec 30, 2010)

But as globe trekker mentioned, there is no way to monitor the volume once it is allowed. JMHO


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## texas transplant (Dec 30, 2010)

Guess we are lucky here, the health department and the zoning both require home based commercial kitchens to be in a seperate building from the home (may be on same lot) and the health department requires commercial equipment for a commercial kitchen so we get to treat these as a commercial kitchens with hoods, grease traps and all the fun stuff under the IBC etc., IRC doesn't get opened.


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## mtlogcabin (Dec 30, 2010)

fatboy said:
			
		

> But as globe trekker mentioned, there is no way to monitor the volume once it is allowed. JMHO


Around here the health department is onsite a couple of times a year and this operation would definitely get on the list for annual fire inspections so I think an AHJ could monitor the level of activity. Then again we are asmall community which sometimes makes it easier to know what is going on.


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## Jobsaver (Dec 30, 2010)

globe trekker said:
			
		

> ...and how would you monitor the potentially increasing volume of products being producedin the residence? How will you know when it stops being a residential operation and
> 
> becomes a commercial one? When a larger stove is installed, or more preparation areas,
> 
> ...


Cooking regularly for large numbers is taxing in a residential kitchen. It is like stick framing a home without pnuematic fastening. A prosperous cooking business will scream of its own accord to find a proper space for expansion. The second part of your question hinges or whether the occupant is law-abiding or law-breaking. For the purpose of this thread, I am assuming law-abiding. Should the law-abiding occupant apply for a commercial stove, a commercial cooler, etc, they would then be confronted with the limitations of their zoning or occupancy.

I simply support the allowances within the building code, and within the zoning law, that allows for commercial enterprise within the restrictions. I support the notion that operating a business at home is still legal, though rightly restricted. I support freedom and property owner rights in general.

If a person in this country can ride a motorcycle, then they should be able to cook in thier own kitchen, even commercially, with restrictions. The requirement, and distinction, not to engage outside employees in a home-based business is an important one.


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## permitguy (Dec 30, 2010)

I don't discount the concerns over volume, but the reality is that a typical residential kitchen will be a limiting factor in virtually all cases.  If they want to install additional equipment, they are going to need permits to extend power/gas and the situation can be further evaluated at that time.  In my experience, these are generally start-up operations which move to a commercial facility if they are successful.

If there is a concern about them plugging residential ovens into every receptacle in the house, make your approval contingent (in writing) on all cooking taking place in the kitchen, and require additional review if they wish to add additional appliances in the future.  Health departments generally limit the area they can cook in anyway.

Edit:  in other words, what Jobsaver said . . .


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## globe trekker (Dec 30, 2010)

In the OP, it was stated that this would be a catering type business. To me, catering means volume!

Volume would mean using more resources ( i.e. - electricity, possibly gas on the stoves/ovens, refrigeration,

storage, food prep areas, food wastes & food wastes disposal, ...both down the drains and in the trash

cans, etc. ).

Jobsaver stated:



> "Cooking regularly for large numbers is taxing in a residential kitchen. It is like stick framing a home without pnuematic fastening. A prosperous cooking business will scream of its own accord to find a proper space for expansion. The second part of your question hinges or whether the occupant is law-abiding or law-breaking. For the purpose of this thread, I am assuming law-abiding. Should the law-abiding occupant apply for a commercial stove, a commercial cooler, etc, they would then be confronted with the limitations of their zoning or occupancy."


My experience, unfortunately, is that I have seen that the business owner will do what is convenientto them and not necessarily what any Zoning requirements might be for this area.

I have seen preferential treatment to some and selective enforcement as well, simply because of who

someone knows or who to call and lobby to. I'm thinking that these parts of being a code official is

inherent to the job. Ya'lls experience will be different!

Because of my experience with these type operations, I would tend to go to the "more restrictive"

application and apply more commercial requirements.

On an aside point, should a small business be exempted from requirements that effect the community

simply because of their size & small volume output? If grease is produced and is sent down the drains in

to the AHJ sewer system, ...or unsanitary waste disposal practices - - that attract rodents/pests/

smell/appearance/other or other commercial food operations issues, ...do these type of businesses get a

"pass" on the type of requirements applied to the larger volume operations?

I realize that it happens all the time, but are we being consistent in the application of the Zoning &

applicable other codes?

Your thoughts!  

.


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## Jobsaver (Dec 30, 2010)

Glennman CBO said:
			
		

> 2009 IMC, IBC.A woman came in the other day to apply for a business license for cooking food in her home for a catering business.


Globe: What I see in the OP is a law abiding citizen. She came in to apply to determine applicable laws.

You raise a lot of valid concerns. Some are building official concerns, some zoning official concerns, some property maintenance code enforcement concerns, others are sewer department concerns. Nonetheless, many of the same concerns can be raised over the weekly potluck at the church.


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## Alias (Dec 30, 2010)

fatboy said:
			
		

> But as globe trekker mentioned, there is no way to monitor the volume once it is allowed. JMHO


Fatboy, I agree with you and globe trekker.

This is why I give the applicant the information on how to get a home occupation permit.

Sue, in chilly CA


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## barlovian (Dec 30, 2010)

It might fall under the IBC/IRC definition of live/work unit.


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## Glennman CBO (Dec 30, 2010)

Wow! I almost forgot I posted this.

I'll have to read through these on monday.

Thanks...and happy new year!


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## Glennman CBO (Jan 3, 2011)

I have to go with Jobsaver's approach.

We have yet to hear from the health department on it. Their approval will be required.

Also, whatever plumbing she will need to do in order to install the separate sinks, etc.

No commercial range will be allowed, per the residential status of the property, hence, no type I hood.

If she outgrows the place, it will be up to her to seek new commercial accomodations.

If it becomes a code enforcement issue, that will be dealt with at the time. The business license can be revoked.

Thanks for a good debate.


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## peach (Jan 4, 2011)

If it's commercial use.. sounds like it is.. particularly if they are doing any frying..  sandwiches and fruit plates are one thing... heavy duty cooking.. well.. it's a business..


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