High Time in the Construction Industry: Precautions for Working in - - PowerPoint PPT Presentation

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High Time in the Construction Industry: Precautions for Working in - - PowerPoint PPT Presentation

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In partnership with High Time in the Construction Industry: Precautions for Working in the Legal Marijuana Industry Julie M. Walker Kelly & Walker LLC Denver, CO 56 th Annual Meeting of Invited Attorneys Dan Weed Chicago, Illinois

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High Time in the Construction Industry:

Precautions for Working in the Legal Marijuana Industry

56th Annual Meeting of Invited Attorneys

Chicago, Illinois May 25 – 26, 2017

In partnership with

Julie M. Walker

Kelly & Walker LLC Denver, CO

Dan Weed

Building Code Official Trinidad, CO

Dave Olson

PCD Engineering Services Longmont, CO

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58th Annual Meeting of Invited Attorneys

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State Marijuana Laws in 2018

This map shows current state laws and recently-approved ballot measures legalizing marijuana for medical or recreational purposes as of November 7, 2018.

Citation: https://www.governing.com/gov-data/safety-justice/state-marijuana-laws-map-medical-recreational.html

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Denver has more:

  • A. Starbucks
  • B. McDonald’s
  • C. Dispensaries
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Different Marijuana Operations

  • Grow facilities
  • Processing/Extraction
  • Edible/nonedible production
  • Testing
  • Retail

Design Professional Opportunities – AND RISKS!

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Buildings/Facilities

  • Many grow houses constructed in older “cold dark

shells”

  • Abandoned warehouses and manufacturing buildings.
  • Existing hazardous materials.
  • Inadequate insulation and utilities
  • Inadequate site area for parking, mechanical

equipment, emergency generator and transformers, electrical gear.

  • High cost of building infrastructure upgrades often

tempts Owners to “make due with what we already have.”

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Attic mechanical equipment with inadequate duct and air handler support and very poor access for maintenance and replacement.

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Dormant grow room with chilled water air conditioners around perimeter, insulated chilled water piping.

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Attic Mounted Air Conditioners & Duct Work

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Non-Effective Condensate Drainage System (Typical)

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Grow Room Supplemental Air Circulation

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Grow Facility: Design Issues

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Grow Facility: Grow Strategy

  • Hydroponic
  • Dirt Grow
  • Greenhouse
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Grow Facility: Grow Strategy, Varietals

  • Seed, cloning – wholesale.
  • Number of varietals.
  • Characteristics of varietals:

– Feed at different rates. – Mature at different rates. – Exhibit different traits.

  • Different plants have different growth needs.
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HVAC Design Factors

  • Lighting
  • Air flow
  • Temperature
  • Humidity
  • Oxygen
  • Carbon Dioxide
  • Controls
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Which requires more energy?

  • A. Growing two pounds of

marijuana

  • B. Driving across the country 5

times

29

May 20, 2019

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HVAC Design: Impacts

  • Mold
  • Mildew
  • Plant failure

–(Heat, light, airflow)

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Architects & Engineers

  • Relatively new project type – lack of industry accepted

design standards and codes.

  • HVAC engineers not trained in horticulture - uncertainty

about impacts of the HVAC components (air, light, heat, humidity) on growing process for cannabis.

  • Poorly defined growing criteria during critical design phase.
  • Large quantities of lighting, air conditioning and

dehumidification systems lead to high “budget busting” costs.

  • A/E blamed for production levels that do not achieve over-

inflated Owner expectations.

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Contractors

  • Low bid Contractors often selected, based upon previous

relationship – in or outside of cannabis industry.

  • Inexperience with previous cannabis projects promotes

misunderstanding of costs and expectations of Owners.

  • Typically smaller, less sophisticated Contractors. Larger

Contractor stock may have corporate edicts prohibiting work on cannabis related facilities.

  • Often choose inappropriate equipment for demanding

commercial grow facility, i.e.: residential or light commercial split systems.

  • Not accustomed to rigor of commercial construction project or

inexperience of building officials.

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Owners

  • Typically unsophisticated individuals/companies who

remain highly involved in decision making, but lack previous construction experience or knowledge.

  • Cash projects, typically poorly funded. Owners often

choose the least expensive first cost alternatives.

  • Owners typically do not know, understand or appreciate the

governing codes (or lack thereof) and the impact on projects.

  • Owners make grow strategy decisions for process/HVAC
  • n the fly.
  • Impatience to grow product and reap profits.
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Building Codes: Illegal Grow Issues

Illegal Grows Started in Houses: – High electric bills alerted city staff. – Odor complaints from neighbors. – Basement operations with extension cords, black plastic “dark rooms.” – Dangerous and uncontrolled use

  • f propane started fires.

– Lack of professional equipment/safety.

  • Past users of the product saw

legalization as a way to get rich.

  • Inexperienced in safety aspects.
  • No knowledge of codes,

permits, chemicals or how to run a business.

  • No knowledge of inherent

dangers.

  • Simply a way to make a quick

buck or support their own needs.

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Building Codes: How Things Changed

Products Evolved:

  • Highly sophisticated processes form resins, hash oils,

wax and shatters.

  • Bag of weed leaves from yesteryear is almost gone.
  • Acres and acres of outside grows, greenhouses with

complex computer run ventilation and hydroponic systems.

  • Today’s user has highly potent mixtures and it takes

far less to feel much more.

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Further Changes

State Involvement:

  • Licenses for medical/recreational

use.

  • Security cameras, fences or

separation.

  • Requires local building dept.

approval.

  • Requires police and fire signoff.
  • Large amounts of forms and

reporting. Smarter Growers:

  • CO2 enrichment to speed

growth.

  • VERY Expensive Extraction

facilities.

  • Highly sophisticated process

equipment.

  • Hiring scientists, chemists,

horticulturists!

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Building Code Catchup

Codes Previous to Legalization:

  • No code requirements for a

substance that had been illegal.

  • No desire to change a national

code for something that was only legal in 1-2 states.

  • No realization of the dangers until

fires and deaths occurred from dangerous unskilled operations.

  • Overall lack of training available.

Latest Codes:

  • 2018 Int’l Fire Code – written with a

realization that this is here to stay, causing: – A new section 5307 on CO2. – A new chapter 39 on Processing and extraction. – Special equipment to be listed or else designed by approved firms, engineers. – Technical reports by approved professionals.

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Regulations

LOCAL JURISDICTION EFFECT

Many differences among cities:

  • May have disallowed it

locally.

  • May have own amendments.
  • May still not be aware or be

doing anything.

  • Probably haven’t adopted a

Code that controls it!

STATE

  • Video surveillance &

camera systems.

  • Details on proper waste

disposal.

  • Cash business.

BUILDING DEPARTMENT CONCERNS

  • Flame spread on reflective

surfaces.

  • Too high a dose of CO2 is

deadly.

  • Mixing up carbon dioxide

and carbon monoxide.

  • Rated extraction rooms.
  • Explosion proof wiring.
  • Ventilation to exterior.
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Potential Malpractice Allegations/Defenses

  • Design error caused lack of production/lost profits
  • Defenses:

– Owner directed limitations – Budget constraints – Grow design failed – Incompetence in managing/running facility – NO STANDARD OF CARE