Building and Fire Code Compliance
§17.95.070.E requires that an applicant provide “evidence of a site inspection conducted by an enforcement official resulting in a finding that the premises and parcel satisfactorily comply with the provisions of this chapter” and §17.95.090.H requires that the commercial cannabis “premises be in full compliance with . . . building, safety, sanitation, labor, and technical codes and requirements relevant to obtaining necessary building, plumbing, electrical, mechanical, grading, or other permits.”
No cultivation permits will be issued by the County until the applicant has established that all structures used in their cultivation plan are suitable for their proposed use and that all required permits have been signed off. Additionally, violations of building codes or other regulations designed to protect the health and safety of occupants of buildings, workers, or customers may be grounds for revocation of a commercial cannabis cultivation permit if a cultivator fails to correct violations after being notified that such violations exist.
Applicability of these codes is not only a pre-requisite to the issuance of a local permit and an operating restriction that will always apply to keeping your permit, but strict compliance with the California Building Code and Fire Code are also pre-requisites to the issuance of a state license from the California Department of Food and Agriculture (“CDFA”) and can be the basis for revocation of a state license as well:
Business and Professions Code § 26066. Cultivation Conducted in Accordance with State and Local Laws.
Indoor and outdoor cannabis cultivation by persons and entities licensed under this division shall be conducted in accordance with state and local laws related to land conversion, current building and fire standards, grading, electricity usage, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. State agencies, including, but not limited to, the State Board of Forestry and Fire Protection, the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and traditional state law enforcement agencies shall address environmental impacts of cannabis cultivation and shall coordinate when appropriate with cities and counties and their law enforcement agencies in enforcement efforts.
Business and Professions Code § 26056. Application of Building Standards and Regulations Relating to Hazardous Materials.
The requirements of Sections 13143.91, 131452, and 131463 of the Health and Safety Code shall apply to all licensees.
1 H&S § 13143.9 requires compliance with building standards and other fire and life safety regulations for handling hazardous materials and annual inventory requirements.
2 H&S § 13145 Local requirements and enforcement “relating to fire and panic safety adopted by the State Fire Marshal and published in the California Building Standards Code.”
3 H&S § 13146 The requirements of the Fire and Life Safety Requirements of the Building code falls upon the County and or the Fire Chief of the Fire Protection District.