1. MEDICAL MARIHUANA ONTARIO BUILDING CODE REVIEW Photo Credit (Obtained on May 22, 2014) http://www.fims.uwo.ca/newmedia2005/images/users/16/Medical-Marijuana.jpg

2. FARM BUILDING 2012 Ontario Building Code O.Reg. 332/12 defines a farm building as: Farm Building means all or part of a building, a)That does not contain any area used for residential occupancy, b)That is associated with and located on land devoted to the practice of farming, and c)That is used essentially for the housing of equipment or livestock or the production, storage or processing of agricultural and horticultural produce or feeds.

3. INDUSTRIAL BUILDING Industrial occupancy means the occupancy or use of a building or part of a building for the assembling, fabricating, manufacturing, processing, repairing or storing of goods or materials.

4. BY-LAW DEFINITION The City of Hamilton is proposing to use the following definition for a “Medical Marihuana Growing & Harvesting Facility”: Means a wholly enclosed building or structure used for growing, harvesting, testing, destroying, packaging and shipping of marihuana for medical purposes as permitted under the MMPR…

5. FARM vs. INDUSTRIAL BUILDING CODE REVIEW NFBCC relaxes some Code provisions for farm building of low human occupancy (1 person per 40 m 2 floor area during normal use): Fire safety and egress, Floor to floor fire separations, Snow & wind loads, and Spatial separation of buildings.

6. FARM OR INDUSTRIAL Is this an agricultural crop?  OMAFRA  Agricorp  Canada Revenue Agency Should the National Farm Code of Canada apply?

7. CITY CHARGES Building Permit Fees:  Farm Building $2.49/m 2  Industrial $7.35/m 2 to $10.46/m 2 depending upon GFA of building Development Charges  Portions of the Building may be exempt if deemed an agricultural crop  Industrial rates are about $8.98/sf

8. CODE REVIEW ISSUES Impeded Egress Zone (Vault / Other areas)? As defined by the Building Code, an impeded egress zone means a supervised area in which occupants have free movement but require the release, by security personnel, of security doors at the boundary before being able to leave the area, but does not include a contained use area. Door Hardware  Electric Strikes  Fail-safe “Open” condition Equipment/Planting layouts for travel distances (hydroponic trays, etc.) Back-up power Exits

9. Photo Credit (Obtained on Sept. 25, 2014) http://www.straight.com/files/styles/article_main/public/prairieplants1_131016.jpg Photo Credit (Obtained on Sept. 25, 2014) Inside a Colorado Marijuana grow facility (credit: CBS)

10. AGRICULTURAL SITES SITE SPECIFIC CONSIDERATIONS: Impact on Septic System Design  OBC Part 8 Design ≤ 10,000 L/day  MOE > 10,000 L/day  Chemicals? Pesticides? Fertilizers?  Industrial process waste water? Treatment unit required? Impact on Ground Water Use  MOE if >10,000 L/day Fire Protection Water Supply Guideline for Part 3 in the Ontario Building Code (OFM-TG-03-1999)

11. INDUSTRIAL SITES Potential Mixed-Use Facilities  Security issues with adjacent tenants  HVAC and growth of micro-organisms Development Engineering Issues  Water requirements  Sewage discharge requirements/regulations Fire Access Routes Sprinkler/Standpipe Systems (may be required based on building size & classification)

12. CITY BY-LAW FORTIFICATION & PROTECTIVE ELEMENTS By-law 10-122 “excessive fortification” and “excessively fortify” means the use, maintenance or construction of devices, barriers, or materials in a manner designed to hinder, obstruct or prohibit access to or from land or which have the effect of hindering, obstruction or prohibiting access to or from land … including:  Steel plates, bars, bullet-proof shutters,  Application of bullet resistant/proof material or glass to windows or doors,  Armor plated or reinforced doors etc.

13. “Excessive protective elements” include: Perimeter warning devices such as laser eyes or other advanced warning systems, Electrified fencing or similar perimeter barrier, Visual surveillance equipment, to listen or view persons or land beyond the perimeter of the land actually owned, leased or rented. http://wpmedia.blogs.windsorstar.com/2014/09/19-barbedce1.jpg?w=950&h=379http://wpmedia.blogs.windsorstar.com/2014/09/19-barbedce1.jpg?w=950&h=379 (Photo obtained Sept. 26/14)

14. The Directive on Physical Security Requirements for Controlled Substances mandates a level of security that may contravene the City of Hamilton By- Law. Application for limited exemption from the provisions of the By-Law can be filed with the Building Division. Application fees currently under review.

15. FUTURE CONSIDERATIONS Rehabilitation of site when use ceases? Reuse of these buildings? Record of Site Condition ?

16. SCENARIO 3 Storey Building 7500 m 2 Building Area 22,500 m 2 GFA Land Zoned Agricultural, but not used for farming. Farm or Industrial Building? What do you think?