8.1. SR 09-17-2012 Elk REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 8.1
AGENDA SECTION MEETING DATE PREPARED BY
General Business September 17, 2012 T.John Cunningham,Fire Chief
ITEM DESCRIPTION REVIEWED By
Request for Fire Code Variance for Mark and Penny Leadens, Bob Ru recht,Building Official
927 Highway 10 REVIEWED BY
Cal Portner, City Administrator
ACTION REQUESTED
Approve the following fire code variance for Mark Leadens and Penny Leadens ("Leadens") for the
property located at 927 Highway 10, Elk River,MN, 55330:
• The property shall comply with Chapter 21 of the 2012 version of the International Fire Code
(IFC),a copy of which is attached hereto, for the purpose of operating a dry cleaning business.
BACKGROUND/DISCUSSION
Earlier this month, staff received a request for a fire code variance from Mackall, Crounse &Moore,
PLC, of behalf of the Leadens, for the property located at 927 Highway 10, Elk River,MN, 55330. A
copy of the variance request is attached.
Currently, both the city and state enforce the 2006 version of the IFC. Under the current rules of the
IFC, the Leadens would be required to install a sprinkler system at the above referenced property.
Changes to the IFC in the 2012 version would exempt the Leadens from having to install a sprinkler
system,based on the information provided in the August 30, 2012,letter. Since the state and the city,
have not yet adopted the 2012 version of the IFC,the requirements of the 2006 version remain
enforceable and the only exemption to the rules are through a variance.
While staff strongly encourages and recommends fire suppression systems in commercial occupancies,we
understand the financial and practical concerns that often accompany such requirements. In this specific
instance,the applicant has,in staff s opinion,provided an acceptable justification for the approval of a
variance, based on the changes and requirements set forth in the 2012 version of the IFC.
Per § 299F.001, subsection 5, of the Minnesota Statutes, the City Council authorized to grant a variance
to the Fire Code (emphasis added):
Upon application,the state fire marshal may grant variances from the minimum
requirements specified in the code if there is substantial compliance with the provisions of
the code, the safety of the public and occupants of such building will not be jeopardized, and
undue hardship will result to the applicant unless such variance is granted. No appeal to the
state fire marshal for a variance from orders issued by a local fire official from the
State Fire Code shall be accepted until the applicant has first made application to the
local governing body and the local unit has acted on the application. The state fire
FawIRED 0
N:APublic Bodies\City Council\Council RCA\Agenda Packet\09-17-2012\Variance Requestdocx U R E
marshal shall consider any decisions or recommendations of the local governing
body.Any person aggrieved by a decision made by the fire marshal under this subdivision
may proceed before the fire marshal as with a contested case in accordance with the
Administrative Procedure Act.
Staff has consulted with the state fire marshal's office on this matter and they are in support of this
request.
The Leadens will still be responsible for adhering to any other applicable fire codes as required in the
current (2006) version of the IFC.
ATTACHMENTS
• Application of Mark and Penny Leadens for Fire Code Variance (August 30, 2012)
• Chapter 21, International Fire Code
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Council RCA\Agenda Packet\09-17-2012\Variance Request.docx
Law Offices Matthew A.Anderson
1400 AT&T Tower Attorney at Law
901 Marquette Avenue (612)305-1401
Minneapolis,MN 55402-2859 maa @mcmlaw.com
Telephone:(612)305-1400 N"I
Facsimile:(612)305-1414 fly-'
www.memlaw.com
August 30, 2012
� c � f 12.
John Cunningham
Elk River Fire Chief
415 Jackson Avenue
Elk River, Minnesota 55330
Re: Application of Mark and Penny Leadens for Fire Code Variance
Our File No. 092825-00009
Dear Mr. Cunningham:
I represent Mark Leadens and Penny Leadens (together, the "Leadens"), who have
contracted to purchase certain real property in the City of Elk River (the "City") located at 927
Highway 10, Elk River, MN 55330. The Property was once occupied by a Hardees fast-food
restaurant and is now vacant. The Leadens propose to operate a dry-cleaning business at the
Property and have applied to the City for a conditional use permit for that purpose.
The Leadens respectfully apply for a fire code variance to permit them to operate their
dry-cleaning business at the Property without a sprinkler system. The Leadens specifically
request a variance from Section 1208.02 of the 2006 International Fire Code ("IFC"), as adopted
as the State Fire Code by Minn. Stat. § 299F.011, et seq., and by the City pursuant to Elk River
City Code § 22-71, et seq. Section 1208 requires the Leadens to install a sprinkler system at the
Property prior to operating the Property as a dry cleaning facility. For the reasons stated below,
installation of a sprinkler system is unnecessary to the fulfilling the objectives of the fire coder
but will be prohibitively expensive to the Leadens.
I. FACTUAL BACKGROUND.
The dry cleaning system used by the Leadens is an "Ipura" dry cleaning system using a
hydrocarbon solvent with a trade name of Eco Solve. Hydrocarbon solvents have a much lesser
environmental impact that the perchloroethylne solvents traditionally used in dry cleaning
systems. However, because hydrocarbon solvents are a "Class III" solvent, they trigger the IFC
§ 1208.02 requirement for a sprinkler system.
As noted below, the dry cleaning system used by the Leadens is approved for use under the 2012 version of the
ITC without a sprinkler system; is perfectly safe without a sprinkler system; and generates far less environmental
contamination than the dry cleaning systems contemplated by the 2006 version of the IFC. A number of
jurisdictions in the United States (e.g. Philadelphia) have already amended their ordinances to allow the Leadens'
dry cleaning system without installation of sprinklers. The Leadens anticipate that most other jurisdictions will
eventually do likewise with the exception granted to dry cleaning systems of this type in the most current version of
the IFC.
2 For additional information regarding the Leadens' dry cleaning system, see the manufacturer's website at
http://www.columbiailsa.com/ipura.html.
Mr. John Cunningham
August 30, 2012
Page 2
The dry cleaning system to be used by the Leadens employs advanced machine
technology that allows for safe use without the protection of a fire sprinkler system. In fact, the
most recent version of the IFC (the 2012 version) approves the use of the dry cleaning system to
be used by the Leadens without a sprinkler system. The fire code promulgated by the NFPA
does as well. However, as Minnesota continues to enforce the 2006 version of the IFC, the
provisions that allow for use of the Leadens' dry cleaning system are not yet applicable in the
City.
As set forth below, the Leadens satisfy all the prerequisites for the granting of a fire code
variance set forth in the governing statute. The dry cleaning system to be used by the Leadens
employs machine technology that was not contemplated at the time of the development of the
2006 IFC; is safe for use without a sprinkler system; and is permitted for use without a sprinkler
system by the 2012 IFC. Granting the requested variance will allow the Leadens to employ
superior, environmentally-friendly dry-cleaning technology with no risk to the public or to the
occupants of the Property. Refusing the requested variance will impose hardships on the
Leadens that will make their purchase of the Property impractical. For these reasons, and the
additional reasons listed below, the Leadens respectfully request that you endorse the granting of
a variance from IFC § 1208.02.
I1. STANDARD FOR GRANTING VARIANCE FROM STATE FIRE CODE.
Chapter 299F of the Minnesota Statutes provides for variances from the State Fire Code,
providing in relevant part as follows:
Upon application, the state fire marshal may grant variances from the
minimum requirements specified in the code if there is substantial
compliance with the provisions of the code, the safety of the public and
occupants of such building will not be jeopardized, and undue hardship
will result to the applicant unless such variance is granted. No appeal to
the state fire marshal for a variance from orders issued by a local fire
official from the State Fire Code shall be accepted until the applicant has
first made application to the local governing body and the local unit has
acted on the application. The state fire marshal shall consider any
decisions or recommendations of the local governing body. Any person
aggrieved by a decision made by the fire marshal under this subdivision
may proceed before the fire marshal as with a contested case in
accordance with the Administrative Procedure Act.
Minn. Stat. § 299F.011, subd. 5 (2012). For the reasons set forth below, all of the requirements
necessary for a fire code variance are present here and it is therefore appropriate that the
requested variance be granted.
J 7tJNT (D[. E,,.,
Mr. John Cunningham
August 30, 2012
Page 3
I11. A VARIANCE IS APPROPRIATE IN THESE CIRCUMSTANCES.
The Leaden' dry cleaning system employs safe technology that was not contemplated by
the 2006 version of the IFC and complies with the most recent edition of the IFC for use without
a sprinkler system. Installation of a sprinkler system at the Property would be prohibitively
expensive and would therefore cause undue hardship to the Leadens. For these reasons and the
additional reasons stated below, the Leadens respectfully ask that you endorse the Leadens
variance application.
a. There is Substantial Compliance with the Provisions of the Code.
The first requirement for the granting of a variance is that there be substantial compliance
with the provisions of the code. Minn. Stat. § 299F.011, subd. 5 (2012). Here, the City's fire
inspectors have concluded that the Property fully complies with the State Fire Code with the
exception of its non-conformity with IFC Section 1208.02 if the Property is converted to use as a
dry cleaning facility. Accordingly, the Leadens fulfill the requirement that the Property
substantially comply with the fire code.
b. The Safety of the Public and the Buildin14 Occupants Will Not Be
Jeopardized.
The second requirement for the granting of a variance is that the safety of the public and
occupants of such building will not be jeopardized. Minn. Stat. § 29917.011, subd. 5 (2012).
Here, IFC Section 1208.02 requires a sprinkler system for "dry cleaning plants containing Type
lI, Type I11-A or Type 111-13 dry cleaning systems." IFC § 1208.02 (2006).3 However, the most
recent edition of the IFC includes an exception from the sprinkler system requirement for the
Leadens' dry cleaning system. The 2012 version of the IFC states in relevant part as follows:
2108.2 Automatic sprinkler system.
An automatic sprinkler system shall be installed in accordance with Section
903.3.1.1 throughout dry cleaning plants containing Type II, Type III-A or Type
III-B dry cleaning systems.
Exceptions:
1. An automatic sprinkler system shall not be required in Type III-A dry
cleaning plants where the aggregate quantity of Class III-A solvent in dry
cleaning machines and storage does not exceed 330 gallons (1250 L) and
dry cleaning machines are equipped with a feature that will accomplish
any one of the following:
3 Sections 1203.01 and 1203.02 classify dry cleaning systems in accordance with the flash points of the solvents
used in each class of dry cleaning system. IFC §§ 1203.01 and 1203.02(2006).
J .L 1L1LL11 t1_LX iXlRE,,,,
Mr. John Cunningham
August 30, 2012
Page 4
1.1. Prevent oxygen concentrations from reaching 8 percent or more by
volume.
1.2. Keep the temperature of the solvent at least 30°F (16.7°C) below the
flash point.
1.3. Maintain the solvent vapor concentration at a level lower than 25
percent of the lower explosive limit(LEL).
1.4. Utilize equipment approved for use in Class I, Division 2 hazardous
locations in accordance with NFPA 70.
1.5. Utilize an integrated dry-chemical, clean agent or water-mist
automatic fire-extinguishing system designed in accordance with Chapter
9.
2. An automatic sprinkler system shall not be required in Type III-13 dry
cleaning plants where the aggregate quantity of Class III-13 solvent in dry
cleaning machines and storage does not exceed 3,300 gallons (12 490 L).
IFC § 2108.2 (2012). (bold text and italics in original) The Leadens' dry cleaning system is
certified for compliance with the exception to Section 2108.2 of the 2012 Fire Code identified
above. As noted above, the most recent fire code promulgated by the NFPA would also permit
use of the Leadens' dry cleaning system without a sprinkler system.
Through the adoption and promulgation of the most recent edition of the fire code, the
IFC recognizes that neither the safety of the public nor the occupants of the Property will be
jeopardized by the use of the Leadens' dry cleaning system without a sprinkler system. Other
jurisdictions, most notably the City of Philadelphia, have amended their fire codes to allow the
use of the Leadens' dry cleaning system without a sprinkler system. Accordingly, the Leadens
fulfill the requirement that the requested variance not jeopardize the safety of the public or the
occupants of the Property.
c. An Undue Hardship will Result to the Leadens without the Requested
Variance.
The third requirement for the granting of a variance is that an undue hardship will result
to the applicant unless the variance is granted. Minn. Stat. § 299F.011, subd. 5 (2012). Chapter
299F does not define "undue hardship." However, in the context of zoning variances, the
Minnesota Legislature recently amended Minn. Stat. § 462.357, subd. 6 to define "undue
hardship" as "practical difficulties" created when the applicant proposes to use the subject
J CILLVt V U Vl REFT,('
Mr. John Cunningham
August 30, 2012
Page 5
property "in a reasonable manner prohibited by the ... ordinance." Minn. Stat. § 462.357, subd.
6.
The Leadens certainly satisfy that definition here. The Leadens are proposing to use the
Property in a reasonable manner allowed by the 2012 version of the IFC but prohibited by the
outdated version of the IFC currently enforced by the State. Installation of a sprinkler system at
the Property would require (in addition to the cost of installing the sprinkler system itself) that
the Leadens extend a six-inch water line from the Highway 10 water main and make
modifications to the design and structure of the building itself. The cost of doing so will be
prohibitively expensive for the Leadens and will likely result in the failure of the Leadens'
purchase of the Property. Accordingly, the Leadens fulfill the "undue hardship" requirement
necessary for the granting of a variance.
IV. CONCLUSION.
The Leadens will use dry cleaning machine technology that is widely recognized as safe
for use without a sprinkler system, but is not allowed by the out-dated edition of the IFC still
used by the State. For this reason and the additional reasons stated above, the Leadens satisfy
the requirements for the granting of a variance from the State Fire Code. The Leadens therefore
respectfully request that you endorse their application for a variance from IFC Section 1208.02.
The Leadens will gladly accept that the requested variance be conditioned on the Leadens' use of
the dry cleaning system described above that is compliant with the 2012 IFC.
For your convenient reference, I enclose copies of Chapter 12 of the 2006 version of the
IFC, as well as Chapter 21 of the 2012 version of the IFC. I also enclose a letter from Mary
Scalco of the Drycleaning & Laundry Institute International that describes the dry cleaning
system technology explains how the more-recently promulgated fire codes allow this technology
to be used without a sprinkler system. I adopt this letter by reference in its entirety as part of the
Leadens' variance application.
Please feel free to contact me at (612) 305-1401 or Pat Steinhoff at (612) 305-1471 if you
wish to discuss the foregoing. Thank you for your consideration of the Leadens' request.
Very truly yours,
MACKALL, CROUNSE & MOORE, PLC
Matthew A. Anderson
Enclosures
cc: Mark Leadens
A M
L_--tugndry August 28, 2012
Mr. Matthew Anderson
Macicall, Crounse &Moore
1400 AT&T Tower
901 Marquette Ave.
Minneapolis, MN 55402
Mr. Anderson,
It was a pleasure speaking with you last week. IVlany in the drycleaning industry are switching
from using perch I oroethylene (pert) to a Class III solvent, especially since now both NFPA and
IFC approve the use in certain equipment without having to sprinkler the building. All of the
currently available drycleaning solvents other than perc are Class 3 solvents and must be used in
machines that are tested and listed for use with Class 3 solvents because they are ignitable.
The drycleaning industry has long been involved in the development of the NFPA fire codes and
the NFPA committee has worked diligently to make sure the requirements of the NFPA 32 fire
code maintain safety as well as recognize the advancements in drycleaning machine technology.
The most recent revision of the NFPA 32 code, which has been adopted by the International Fire
Code 2012, allows for Class 3 drycleaning machines to be installed in buildings without
sprinkler systems if the machine technology meets certain parameters.
The reason the industry is moving to a solvent choice other than perc is not that perc is not an
excellent drycleaning solvent but there are significant regulatory and media concerns with the
use of the solvent and those concerns do not exist to the same extent with the various alternative
solvents.
There are studies that suggest that exposure to perc in drycleaning can be linked to elevated
cancer risks. Of course there are other studies that refute that existence but because of the
possibility EPA has extensive regulations in effect for the use of perc in drycleaning. And some
states and municipalities most notably California have tightened those regulations. California
has banned the use of perc in drycleaning effective in 2020 and currently no new perc
drycleaning machines can be installed and there is a phase-out plan in place.
In addition to the health concerns,perc is a listed Superfund chemical and any ground or water
contamination is subject to extensive and strict cleanup guidelines.
Your client is moving to install an Ipura machine and use Eco Solve which is a trade name of a
hydrocarbon solvent. Hydrocarbon solvents are effective drycleaning solvents and do not have
........ ....... .................. .
....................................
'
the same regulatory and environmental restrictions as pecc, Hydrocarbon aohxeoCs are regulated
uou\/OC but the newer hydrocarbon solvents like Bco Solve have less aromatic composition
n-taking them less reactive. Also the health risks associated with perc do not exist with
hydrocarbon solvents, And any contamination that occursƒr000 the use of hydrocarbon iamuch
easier and less costly torccnndio<e because nf its chemical composition.
The city of Philadelphia has recently addressed this same issue, did.the research and.came to tl-ie
conclusion that tl-ie provisions in the NFPA 32 fire code adequately address the issue of fire
safety without the need for the building to have sprinklers.
Ploouu lot nuo know iIlcan be of any further uusixia000.
Sincerely,
�
lrig & Laundry Institute
Aug 2412 02:10p 763-241-1266 p.1
October 26,2006
Mr.Cliff Anderson
Elk River Fire Marshall
415 Jackson Ave.
Elk River,MN 55330
Re: 190 Freeport Street
Elk River, MN
Dear Mr_Anderson:
Per our conversation,attached and enclosed is the information we discussed regarding 190 Freeport
Street,Elk River,proposed drycleaning business.
I was asked by the permit applicant to submit technical data in support of safety requirements of
Class III drycleaning systems for your review. We are also aware that the attached documentation
will need to be reviewed by other code officials within your jurisdiction,and therefore we trust you
can submit its content to the appropriate departments.
The drycleaning equipment known as a Colurnbia/ILSA Hydrocarbon System,model
TL HCS IPURA is a machine which utilizes a solvent classified as IIIA together with a feature to
limit vapor concentration as its safety control system. A Material Safety Data Sheet(MSDS)for
two brands of the Class III solvent is enclosed(Exxon/Mobile DF2000 and Chevron Philips
EcoSolv). These two solvents are the most widely used within the drycleaning industry and
designed for our equipment.
For convenience of the interested parties, the following sections of this submittal will reference
International Fire Code 2000(IFC),and National Fire Protection Association Standard.for
Drycleaning Plants 2004(NFPA32)and then a side note to Uniform Fire Code.
IFC.1201.1—Scope requires compliance with Chapter 12 and NFPA 32.
IFC 1202—Definitions, solvent or liquid classification
Class IIIA solvents, liquids having a flash point at or above 14 0°F and below 20OPF
Aug 2412 02:10p 763-241-1266 p.2
Page 2
NFPA 3.3.15.3 Class JIM solvent,liquids having a flashpoint at or above 140°F and below 200T
IFC 1203.2— Classification of drycleaning plants and systems. Type ILIA—as systems using Class
111A solvents.
NFPA 3.3.18 Systems—Identified in 3.3.18.3 Type IIIA-Systems employing Class 1114 solvent and
eomplying with Chapter 4, 5, 6, and 8.
1FC 1207—Drycleaning systems
1247.1 General-Drycleaning systems including units....... shall be installed
and maintained in accordance with NPFA 32. The construction of building in which such
systems are located shall comply with this section and IBC.
1FC 1208—Fire protection
1208.1 General- .......... shall be in accordance with Chapter 9
1248.2 Automatic Sprinkler System-an automatic sprinkler shall be in
accordance with Section 903.3.1.1 throughout drycleaning plant containing Type
II,IIIA,or IIIB drycleaning systems.
The most obvious difference between the two code standards of IFC and NFPA is that requirements
set forth are either Prescriptive(IFC) or Performance(NFPA). In both standards the intent of safety
is recognized.
The Columbia TL HCS IPURA system is a closed circuit, dry to dry machine and self contained_
This means dry garments are placed into the machine for cleaning and the operator can only start
the cycle once the loading door is closed and pneumatically locked. The washing and drying of the
work loads can then be executed in an automatic cycle or manual cycle to its completion. When the
cycle is finished,the operator will be able to unlock the door and remove dry garments.
There is no combustible liquid or vapor present in the ambient of the work(control) area around the
machine at anytime. This system is quite different from systems known as"Transfer",where as
washing is done in one machine, and the operator must remove wet garments to place there in
another unit for drying the garments. In this case combustible vapor and liquid is present in the
ambient work(control) area of the equipment.
NFPA recognizes the difference of operating equipment within its' scope, and allows for certain
building requirements to be relaxed based on the level of hazards that exist in each application;the
code standards in IFC uses the higher potential of hazards such as transfer systems and lower flash
point liquids and couples them to the least potential of hazards such as closed circuit system with
higher flash points and safety controls. Therefore, the following sections of NFPA,32 address the
intent of safety in response to the specific equipment configuration and its' control area.
8.1.2.1 —Separation—Type I11A drycleaning plants located in building with other occupancies shall
be separated from other occupants by a fire barrier haying a 2 hours minimum fire resistant rating.
Aug 24 12 02:11 p 763-241-1266 p.3
.Page 3
Then in:
8.1.2.4—The fire barrier shall be permitted to be a 1 hour with_hours fire protection opening and
closing where the question of Class IIIA solvent in the machine and storage to not exceed 330
gallons and provide any one of the safety controls.
(3)Features that limit solvent vapors to less than 23 percent ofLEL.
8.1.2.6—Automatic sprinklers shall not be required in drycleaning plants where the quantity of
liquid does not extend 330 gallons and any one of the safety conditions.
(3)Features that limit solvent vapors to less than 25 percent of LEL.
81.3.3—Electrical equipment and wiring shall be in accordance with National Electrical Code
(NEC)for ordinary locations where the equipment contains instrumentation and controls by any one
of the following:
(3)Features that limit solvent vapors to less than 25 percent of LEL.
8.1.16—Automatic extinguishing system and self closing hatches shall not be required if the
equipment contains instrumentation,equipment or controls that independently provide one of the
following:
(3).Features that limit solvent vapors to less than 25 percent of LEL.
As previously stated here within,the difference between code standards of IFC and NFPA can be
found in the prescriptive base and performance base methods as to how hazards are addressed.
The committee of NPFA 32 spent a considerable amount of time over the past 10 years,updating
its' standard to meet the current level of technology within today's drycleaning industry. Today's
drycleaning industry is faced with strict rules and regulations regarding air emissions and ground
containment of its Class IV solvent,known as perehloroethylene. More then 50%of the industry
has already moved from using the non-combustible Class IV solvent to the environmentally friendly
Class IIIA.
Manufacturers also have made enormous strides in eliminating emissions and spillage of any
solvent,regardless of the solvent they are designed to use.
In the Class III solvent,manufacturers have incorporated known and sound technologies of safety
controls to prevent combustion of these solvents. And since the equipment does not emit vapor or
liquids,the need to store solvent inside a building is no longer required.
Once a TL HCS 1PURA machine is placed into use, and filled with its liquid, a shop operator will
typically not have to add solvent to it for up to a year. Normally solvent is added to an operating
system once or twice a year,at no more than 1 to 2 gallons. Naturally this depends on how busy the
individual shop is. Solvent within the machine is protected and does not emit to the atmosphere_
Solvent delivery is provided by the solvent manufacturer in metal containers with a capacity of 5
gallons.
Aug 2412 02:11 p 763-241-1266 p.4
Page 4
Both IFC and NFPA Code Standards were formulated by the experience and existence of the state
of the industry and the technology of the equipment utilizing the solvents.
The 100 year experience within the industry shows us that a drycleaning machine has in its process
tanks(use)65 and 1000 gallons of liquid depending on the machines dry weight capacity.
Additionally,the machine incorporates filters, spinning cycles,heating cycles by high pressure
steam,and distillation units. Naturally,with this type of apparatus utilizing a Class IIIA liquid in
its process,a keen focus on safety is paramount.
The Columbia/ILSA company does indeed build machines as just mentioned; however,the TL HCS
IPURA systems;development allows for the elimination of large volume process tanks,high
pressure steam requirement, distillation requirement and high RPM spinning requirement.
The TL HCS IPURA system holds less solvent than a typical standard automobile's fuel tank. This
trivial amount can act as a method to;further reduced the level of control in the area. Never the
less,IPURA still conforms with the current standards in IFC and NFPA.
It should be noted that prior to the formation of IFC 2000,the 1997 Uniform Fire Code,Acticle 36,
drycleaning allowed for exempted amounts set forth in Article 79 for quantities below 334 gallons
in unsprinided control areas.
We are uncertain as to why the exempted amount was later removed when UFC was meld in to IFC,
nor has the IFC Committee substantiated its position in this particular change.
In a recent Federal EPA final ruling affecting the drycleaning industry—U.S.Environmental
Protection Agency,40 CFR Part 63 EPA-HQ-OAR-2005-0155,published date 7/14106, the
department recognized the fire hazard association with Hydrocarbon solvent and cyclic siloxanes,
and the technology of the equipment. (See attached EPA Page 91).
With this submittal package we ask for a review of the equipment,and the application for permit to
construct,with the requirement of automatic sprinklers to be set aside based on this information
enclosed.
If you have any questions or require more information please let us know directly.
We respect the AJH's final decision and we thank you for the opportunity to present this
documentation package.
Respectfully,
ILSA MACHINES CORP.
Stephen Langiulli
President
And NFPA 32 Committeeperson
Patrick B. Steinhoff
From: Matthew A. Anderson
Sent: Friday, August 24, 2012 12:19 PM
To: Patrick B. Steinhoff
Cc: Mark Leadens; mark leadens
Subject: StarTribune article, picked up from Washington Post
StarTiribune
Science project is taken to the cleaners
• Article by: LENA H. SUN
• Washington Post
• September 3, 2011 -6:29 PM
WASHINGTON - Like many memorable science fair projects, it began with a simple idea: Find out what chemicals remain in dry-
cleaned clothing.
But the problem facing Alexa Dantzler, 15,was that she didn't have access to the proper equipment.
So, the sophomore at Bishop O'Connell High School in Arlington, Va., went online. She e-mailed three or four chemistry
professors across the country asking for help. Only Paul Roepe, then chairman of Georgetown University's chemistry
department, seemed intrigued. He took on the research "for fun."
But what started out as something so simple prompted a chain reaction in the university lab: an e-mail exchange, an invitation to
collaborate and, last week, a paper published online in a peer-reviewed environmental journal. The paper gives new details
about the amount of a toxic chemical that lingers in wool, cotton and polyester clothing after it is dry-cleaned.
"At the end of the day, nobody, I mean nobody, has previously done this simple thing--gone out there to several different dry
cleaners and tested different types of cloth"to see how much of the chemical persists, said Roepe, who supervised the study.
Dantzler, with help from her mother, sewed squares of wool, cotton, polyester and silk into the lining of seven identical men's
jackets, then took them to be cleaned from one to six times at seven Northern Virginia cleaners, which had no prior knowledge
of the experiment.
She kept the patches in plastic bags in the freezer and went to Georgetown once or twice a week to do the chemical analysis
with two grad students.
The research team found that perch loroethylene, a dry cleaning solvent that has been linked to cancer and neurological
damage, stayed in the fabrics and that levels increased with repeat cleaning, particularly in wool. The study was published
online Tuesday in Environmental Toxicology and Chemistry.
Between 65 percent and 70 percent of the country's estimated 25,000 dry cleaning facilities use the solvent, known as PCE or
perc, industry representatives said.
Government regulations and voluntary industry guidelines exist for atmospheric concentrations in the workplace, and there has
been a long-running fight between environmentalists and the federal government over how quickly the chemical should be
phased out for dry cleaners.
1
CHAPTER 21
DRY CLEANING
SECTION 2101 5. Type IV—systems using Class IV solvents in which
T, GENERAL dry cleaning is not conducted by the public.
2101.1 Scope.Dry cleaning plants and their operations shall 6. Type V—systems using Class IV solvents in which dry
cornply with the requirements of this chapter. cleaning is conducted by the public.
2101.2 Permit required. Permits shall be required as set Spotting and pretreating operations conducted in accor-
forth in Section 105.6. dance with Section 2106 shall not change the type of the dry
cleaning plant.
2103.2.1 Multiple solvents. Dry cleaning plants using
SECTION 2102 more than one class of solvent for dry cleaning shall be
DEFINITIONS classified based on the numerically lowest solvent class.
2102.1 Definitions.The following terms are defined in Chap- 2103.3 Design. The occupancy classification, design and
ter 2: construction of dry cleaning plants shall comply with the
DRY CLEANING. applicable requirements of the International Building Code.
DRY CLEANING PLANT.
DRY CLEANING ROOM. SECTION 2104
DRY CLEANING SYSTEM. GENERAL REQUIREMENTS
2104.1 Prohibited use. Type I dry cleaning plants shall be
SOLVENT OR LIQUID CLASSIFICATIONS. prohibited. Limited quantities of Class I solvents stored and
Class I solvents. used in accordance with this section shall not be prohibited in
Class H solvents. dry cleaning plants.
Class IRA solvents. 2104.2 Building services. Building services and systems
shall be designed, installed and maintained in accordance
Class IIIB solvents. with this section and Chapter 6.
Class IV solvents. 2104.2.1 Ventilation. Ventilation shall be provided in
accordance with Section 502 of the International Mechan-
ical Code and DOL 29 CFR Part 1910.1000,where appli-
SECTION 2103 cable.
CLASSIFICATIONS 2104.2.2 Heating.In Type II dry cleaning plants,heating
2103.1 Solvent classification.Dry cleaning solvents shall be shall be by indirect means using steam,hot water or hot oil
classified according to their flash points as follows: only.
1. Class I solvents are liquids having a flash point below 2104.2.3 Electrical wiring and equipment. Electrical
100°F(38°C). wiring and equipment in dry cleaning rooms or other loca-
2. Class II solvents are liquids having a flash point at or tions subject to flammable vapors shall be installed in
above 100°F(38°C)and below 140°F(60°C). accordance with NFPA 70.
2104.2.4 Bonding and grounding. Storage tanks, treat-
3. Class IIIA solvents are liquids having a flash point at or ment tanks, filters, pumps, piping, ducts, dry cleaning
above 140°F(60°C)and below 200°F(93°C). units, stills, tumblers, drying cabinets and other such
4. Class IIIB solvents are liquids having a flash point at or equipment, where not inherently electrically conductive,
above 200°F(93°C). shall be bonded together and grounded. Isolated equip-
s• Class IV solvents are liquids classified as nonflamma- ment shall be grounded.
ble.
2103.2 Classification of dry cleaning plants and systems. SECTION 2105
Dry cleaning plants and systems shall be classified based on OPERATING REQUIREMENTS
the solvents used as follows: 2105.1 General.The operation of dry cleaning systems shall
I• Type I—systems using Class I solvents. comply with the requirements of Sections 2105.1.1 through
2• Type II—systems using Class II solvents. 2105.3.
3• Type III-A—systems using Class IIIA solvents. 2105.1.1 Written instructions. Written instructions cov-
ering the proper installation and safe operation and use of
4• Type III-B—systems using Class RIB solvents. equipment and solvent shall be given to the buyer.
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DRY CLEANING
2105.1.1.1 Type II, III-A, III-B and IV systems. In be installed in dry cleaning rooms and in drying rooms,
Type II, III-A, III-B and IV dry cleaning systems, The ventilation system shall operate automatically when
machines shall be operated in accordance with the the dry cleaning equipment is in operation and shall have
operating instructions furnished by the machinery man- manual controls at an approved location.
ufacturer.Employees shall be instructed as to the haz- 2105.3 Type IV and V systems.Type W and V dry cleanin
,yards involved in their departments and in the work they systems shall be provided with an automatically activated
°perform. exhaust ventilation system to maintain a minimum of 100 feet
2105.1.1.2 Type V systems.Operating instructions for per minute (0.51 m/s) air velocity through the loading door
customer use of Type V dry cleaning systems shall be when the door is opened. Such systems for dry cleaning
conspicuously posted in a location near the dry clean- equipment shall comply with the International Mechanical
ing unit. A telephone number shall be provided for Code.
emergency assistance. Exception: Dry cleaning units are not required to be pro-
2105.1.2 Equipment identification. The manufacturer vided with exhaust ventilation where an exhaust hood is
shall provide nameplates on dry cleaning machines indi- installed immediately outside of and above the loading
cating the class of solvent for which each machine is door which operates at an airflow rate as follows:
designed. Q=100 x A,D (Equation 21-1)
2105.1.3 Open systems prohibited. Dry cleaning by
immersion and agitation in open vessels shall be prohib-
ited. Q = flow rate exhausted through the hood,cubic feet per
2105.1.4 Prohibited use of solvent.The use of solvents minute(m'/s).
with a flash point below that for which a machine is ALD= area of the loading door,square feet(M).
designed or listed shall be prohibited.
2105.1.5 Equipment maintenance and housekeeping. SECTION 2106
Proper maintenance and operating practices shall be SPOTTING AND PRETREATING
observed in order to prevent the leakage of solvent or the
accumulation of lint.The handling of waste material gen- 2106.1 General. Spotting and pretreating operations and
erated by dry cleaning operations and the maintenance of equipment shall comply with the provisions of Sections
facilities shall comply with the provisions of this section. 2106.2 through 2106.5.
2105.1.5.1 Floors. Class I and H liquids shall not be 2106.2 Class I solvents. The maximum quantity of Class I
used for cleaning floors. solvents permitted at any work station shall be 1 gallon(4 Q.
2105.1.5.2 Filters. Filter residue and other residues Spotting or prespotting shall be permitted to be conducted
containing solvent shall r r handled and disposed of in with Class I solvents where they are stored in and dispensed
covered metal containers. from approved safety cans or in sealed DOT-approved metal
shipping containers of not more than 1-gallon(4 L)capacity.
2105.1.5.3 Lint.Lint and refuse shall be removed from 2106.2.1 Spotting and prespotting. Spotting and pre-
traps daily,deposited in approved waste cans,removed spotting shall be permitted to be conducted with Class I
from the premises,and disposed of safely.At all other solvents where dispensed from plastic containers of not
times,traps shall be held securely in place. more than 1 pint(0.5 L)capacity.
2105.1.5.4 Customer areas. In Type V dry cleaning 2106.3 Class II and III solvents. Scouring, brushing, and
systems,customer areas shall be kept clean. spotting and pretreating shall be permitted to be conducted
2105.2 Type II systems.Special operating requirements for with Class II or III solvents. The maximum quantity of Class
Type II dry cleaning systems shall comply with the provi- II or III solvents permitted at any work station shall be 1 gal-
sions of Sections 2105.2.1 through 2105.2.3. lon(4 L). In other than Group H-2 occupancy,the aggregate
2105.2.1 Inspection of materials. Materials to be dry quantities of solvents shall not exceed the maximum allow-
cleaned shall be searched thoroughly and foreign materi- able quantity per control area for use-open system.
als, including matches and metallic substances, shall be 2106.3.1 Spotting tables. Scouring, brushing or spotting
removed. tables on which articles are soaked in solvent shall have a
2105.2.2 Material transfer. In removing materials from liquid-tight top with a curb on all sides not less than 1 inch
the washer, provisions shall be made for minimizing the (25 mm) high. The top of the table shall be pitched to
dripping of solvent on the floor.Where materials are trans- ensure thorough draining to a 1 nected to an approved container.
1'12-inch(38 mm)drain con-
ferred from a washer to a drain tub, a nonferrous metal
drip apron shall be placed so that the apron rests on the 2106.3.2 Special handling.When approved, articles that
drain tub and the cylinder of the washer. cannot be washed in the usual washing machines are
2105.2.3 Ventilation. A mechanical ventilation system allowed to be cleaned in scrubbing tubs. Scrubbing tubs
which is designed to exhaust 1 cubic foot of air per minute shall comply with the following:
for each square foot of floor area[0.0058 m3/(s•m2)]shall 1. Only Class H or III liquids shall be used.
a
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DRY CLEANING
2, The total amount of solvent used in such open con- ments of Chapter 57 and be located underground or outside,
tainers shall not exceed 3 gallons(11 L). above ground.
3. Scrubbing tubs shall be secured to the floor. Exception:As provided in NFPA 32 for inside storage or
4. Scrubbing tubs shall be provided with permanent 1'/z treatment tanks.
inch (38 mm) drains. Such drain shall be provided
with a.,trap and shall be connected to an approved
container. SECTION 2108
FIRE PROTECTION
2106.3.3 Ventilation.Scrubbing tubs, scouring,brushing
or spotting operations shall be located such that solvent 2108.1 General.Where required by this section,fire protec-
vapors are captured and exhausted by the ventilating sys- tion systems, devices and equipment shall be installed,
inspected,tested and maintained in accordance with Chapter 9.
tem.
2106.3.4 Bonding and grounding.Metal scouring,brush- 2108.2 Automatic sprinkler system.An automatic sprinkler
ing and spotting tables and scrubbing tubs shall be perma- system shall be installed in accordance with Section 903.3.1.1
nently and effectively bonded and grounded. throughout dry cleaning plants containing Type II,Type I11-A
2106.4 Type IV systems. Flammable and combustible liq-
or Type 111-B dry cleaning systems.
uids used for spotting operations shall be stored in approved Exceptions:
safety cans or in sealed DOTn-approved shipping containers 1. An automatic sprinkler system shall not be required
' of not more than I gallon (4 L) in capacity. Aggregate in Type III-A dry cleaning plants where the aggre-
amounts shall not exceed 10 gallons(38 L). gate quantity of Class III-A solvent in dry cleaning
2106.5 Type V systems. Spotting operations using flamma- machines and storage does not exceed 330 gallons
ble or combustible liquids are prohibited in Type V dry clean- (1250 L) and dry cleaning machines are equipped
ing systems. with a feature that will accomplish any one of the
following:
SECTION 2107 1.1.Prevent oxygen concentrations from reach-
ing 8 percent or more by volume.
DRY CLEANING SYSTEMS
2107.1 General equipment requirements. Dry cleaning 1.2.Keep the temperature of the solvent at least 30°F(16.7°C)below the flash point.
systems, including dry cleaning units, washing machines,
stills, drying cabinets, tumblers and their appurtenances, 1.3.Maintain the solvent vapor concentration at a
including pumps, piping, valves, filters and solvent coolers, level lower than 25 percent of the lower
shall be installed and maintained in accordance with NFPA explosive limit(LEL).
32.The construction of buildings in which such systems are 1.4.Utilize equipment approved for use in Class
located shall comply with the requirements of this section and I, Division 2 hazardous locations in accor-
the International Building Code. dance with NFPA 70.
2107.2 Type H systems. Type II dry cleaning and solvent 1.5.Utilize an integrated dry-chemical, clean
tank storage rooms shall not be located below grade or above agent or water-mist automatic fire-extin-
the lowest floor level of the building and shall comply with guishing system designed in accordance with
Sections 2107.2.1 through 2107.2.3. Chapter 9.
Exception: Solvent storage tanks installed underground, 2. An automatic sprinkler system shall not be required
in vaults or in special enclosures in accordance with Chap- in Type 111-13 dry cleaning plants where the aggre-
ter 57. gate quantity of Class III-B solvent in dry cleaning
2107.2.1 Fire-fighting access.Type 11 dry cleaning plants machines and storage does not exceed 3,300 gallons
shall be located so that access is provided and maintained (12 490 L).
from one side for fire-fighting and fire control purposes in 2108.3 Automatic fire-extinguishing systems. Type II dry
accordance with Section 503. cleaning units, washer-extractors, and drying tumblers in
2107.2.2 Number of means of egress.Type H dry clean- Type 11 dry cleaning plants shall be provided with an
ing rooms shall have not less than two means of egress approved automatic fire-extinguishing system installed and
doors located at opposite ends of the room,at least one of maintained in accordance with Chapter 9.
which shall lead directly to the outside. Exception:Where approved, a manual steam jet not less
2107.23 Spill control and secondary containment. than 3/4 inch(19 mm)with a continuously available steam
Curbs,drains or other provisions for spill control and sec- supply at a pressure not less than 15 pounds per square
ondary containment shall be provided in accordance with inch gauge (psig) (103 kPa) is allowed to be substituted
Section 5004.2 to collect solvent leakage and fire protec- for the automatic fire-extinguishing system.
lion water and direct it to a safe location. 2108.4 Portable fire extinguishers. Portable fire extin-
2107.3 Solvent storage tanks. Solvent storage tanks for guishers shall be selected,installed and maintained in accor-
Class II, IIIA and IIIB liquids shall conform to the require- dance with this section and Section 906.A minimum of two,
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DRY CLEANING
2-A:1O-B:C portable fire extinguishers shall be provided
near the doors inside dry cleaning rooms containing Type 11,
Type III-A and Type III-B dry cleaning systems.
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