fire codes for ethanol storage

[absaroka]

Has anyone run into the problem of ethanol storage on site? My local fire/building inspectors are being really strict as to how much they will allow (basically none). How have many of you storing/aging spirits worked around this? I've talked with a few distillers already, but most of the parameters seems to stem from the local authorities. Can anyone provide specific codes, regulations, or other special permits that showed how much storage was possible?

According to them, I can distill but I just can't store it on site.... has to be a stand alone building with a bunch of other stipulations attached to it. Kind of makes that big hunk of copper in the form of a still a paperweight at the moment....

[Andrew]

You may get some traction from Table 307.1(1) of the 2006 International Building Code. 360 gallons of ethanol per "control area" (ie, room) before you earn any hazardous designation, provided you have sprinklers and proper containers. Not enough to be a barrel house but perhaps enough to kick-start a conversation with your local guys.

If they use the national fire code guidelines (NFPA Fire Code?) I think they're more liberal than the IBC, though it's been a year since I looked.

[grehorst]

Has anyone run into the problem of ethanol storage on site? My local fire/building inspectors are being really strict as to how much they will allow (basically none). How have many of you storing/aging spirits worked around this? I've talked with a few distillers already, but most of the parameters seems to stem from the local authorities. Can anyone provide specific codes, regulations, or other special permits that showed how much storage was possible?

According to them, I can distill but I just can't store it on site.... has to be a stand alone building with a bunch of other stipulations attached to it. Kind of makes that big hunk of copper in the form of a still a paperweight at the moment....

We are in the process of relocating and had to deal with this issue. Our answer was to get "hazardous occupancy" in our space. This can be easy or difficult depending on your set of circumstances, it also typically adds to your costs significantly because of needed upgrades. If you share a wall with another tenant, the seperation must be fire rated. If there are other buildings close to yours there can be some problems with windows, etc... We had to install a sprinkler system, a vapour exhaust and makeup air system, replace some windows with fireglass, and other things that I can't recall. But first thing I'd do is ask your local inspectors if the space you're using could be rated hazardous (H3 in our municipality) occupancy. It might be a good idea to find a PE or Architect who can help you.

Good luck!

[grehorst]

You may get some traction from Table 307.1(1) of the 2006 International Building Code. 360 gallons of ethanol per "control area" (ie, room) before you earn any hazardous designation, provided you have sprinklers and proper containers. Not enough to be a barrel house but perhaps enough to kick-start a conversation with your local guys.

If they use the national fire code guidelines (NFPA Fire Code?) I think they're more liberal than the IBC, though it's been a year since I looked.

We considered control areas but found they were way too limiting- I couldn't see building a room for every 6 barrels we have laying around.

[absaroka]

Thanks, guys. Yes, my local authorities are using 2006 IBC code... rated for 240 gallons of ethanol (anything over 17%) for an H3 rated area with sprinklers. They also quoted from the 2003 NFPA 30, but seemed less interested in that. That just ain't gonna cut it.

Next step... BARREL HOUSE! Although I wanted to avoid that step for a bit, I guess I'll need to start looking for an acceptable facility. I suppose a chat with my TTB agent will be in order for extending my bonded premesis......

How about other distillers... I KNOW YOU'RE OUT THERE and are storing far more than 240 gallons on site. How did you do it???? Or, should we just let sleeping dogs lie with that issue?

[Denver Distiller]

Spirits are exempted if they are stored in barrels and "casks" below, I think, 70%, according to the IBC. I'll find the citation tomorrow. Perhaps I'm thinking of the wrong code.

[absaroka]

Spirits are exempted if they are stored in barrels and "casks" below, I think, 70%, according to the IBC. I'll find the citation tomorrow. Perhaps I'm thinking of the wrong code.

That would be a very handy leverage point..... thanks for the help!

[Denver Distiller]

.....we just moved from MI to CO, so we're still in boxes. I'm still searching for the BOCA-related file that has the citation in it. Hopefully tomorrow.

[absaroka]

.....we just moved from MI to CO, so we're still in boxes. I'm still searching for the BOCA-related file that has the citation in it. Hopefully tomorrow.

I appreciate you checking for me (us). If it is, indeed, the silver bullet I've been looking for then I owe you copious amounts of beer at the very least.

[Denver Distiller]

I appreciate you checking for me (us). If it is, indeed, the silver bullet I've been looking for then I owe you copious amounts of beer at the very least.

Ok, we found that the box in question is in storage, but we have to go there tomorrow, so.......I'll get back to you then.

[absaroka]

Ok, we found that the box in question is in storage, but we have to go there tomorrow, so.......I'll get back to you then.

Any luck so far?

[Denver Distiller]

My apologies for taking so long to find the stupid file.

From the International Fire Code, Chapter 27 Hazardous Materials.

Section 2701- Exceptions:

9. The storage of distilled spirits and wines in wooden barrels and casks.

So there you go...the passage which exempts spirits from being classified as a Hazardous Material. Hope that helps. You can get a copy of the IFC at your local library.

[absaroka]

My apologies for taking so long to find the stupid file.

From the International Fire Code, Chapter 27 Hazardous Materials.

Section 2701- Exceptions:

9. The storage of distilled spirits and wines in wooden barrels and casks.

So there you go...the passage with exempts spirits from being classified as a Hazardous Material. Hope that helps. You can get a copy of the IFC at your local library.

OUTSTANDING!! Thank you very much! We'll see if that is all it takes. The local fire/buiding departments don't have the slightest clue what to do with me. This will help.

[Odyssey Spirits]

So that takes care of Barrel storage. What about the surplus neutral spirits one might produce for later use and spirits in production, are they considered hazardous or is there any exemption for them as well?

[Denver Distiller]

All of this relates to the ratings of your walls. Basically, the storage of a relatively limited amount of hazardous materials can bump your "use" code up to "Hazardous Storage", and will add a hour of fire rating to your walls. Fire suppression systems are generally worth an hour, which cancels that extra hour out, allowing you to use two hour fire walls, rather than three.

But there's a bit of a loophole: you can store whatever the heck you want outside your building. If it never enters your building, all bets are off.

Now if the place you have your above proof is for processing, then you're ok. In other words, you distill your spirit, put it in a bottling tank, and bottle it, it's ok. Yeah, fuzzy area there.

Or.....you can simply dilute your storage tanks down to below proof, and you're all set.

Of course, your Fire Chief needs to sign off on all this stuff, and everything is open to interpretation.

Hope this helps. I'm not a lawyer, so take this stuff with a grain of salt.

[absaroka]

Another code I found during my investigation:

NFPA 400 (new version of NFPA 30): Hazardous Materials Code

1.1.2: Exemptions

1.1.2.6: Beverages, where packaged in individual containers not exceeding 1.3 gal (5 L) capacity; and distilled spirits and wines in wooden barrels or casks.

EDIT: I have not physically seen this code... I don't have anything near me to look it up and I don't feel like spending the money to see if it's there. This was second-hand information and was (somewhat) confirmed by a search on the NFPA site.

OSHA

29 CFR 1910.106

1910.106(d)

"Container and portable tank storage" -

1910.106(d)(1)

"Scope" -

1910.106(d)(1)(i)

"General." This paragraph shall apply only to the storage of flammable or combustible liquids in drums or other containers (including flammable aerosols) not exceeding 60 gallons individual capacity and those portable tanks not exceeding 660 gallons individual capacity.

1910.106(d)(1)(ii)

"Exceptions." This paragraph shall not apply to the following:

1910.106(d)(1)(ii)(a)

Storage of containers in bulk plants, service stations, refineries, chemical plants, and distilleries;

......

NOTE: Container exemptions: [a] Medicines, beverages, foodstuffs,

cosmetics, and other common consumer items, when packaged according

to commonly accepted practices, shall be exempt from the requirements

of 1910.106(d)(2)(i) and (ii).

[Denver Distiller]

I should have clarified this point. As an example, my absinthe is exempt using the above rule because I go from the still, to a barrel, back into a processing tank, back to a barrel, and then into a bottle...and the lowest abv is 65%. IMHO, this exemption has the fingerprints of the big whiskey lobby all over it. And I thank them for it.

So, according to the code, I never "Store" my distilled spirits. It's either in processing, barrels, or bottles.

[absaroka]

So, according to the code, I never "Store" my distilled spirits. It's either in processing, barrels, or bottles.

BRILLIANT!

[absaroka]

I'll add something here that has been helpful to me along with the exception codes that were listed above (there are more exceptions in the IFC if anyone is interested). Guy, I noticed in another post that you got a H3 Hazardous Occupancy permit which made your local fire officials happy. In my opinion you have painted yourself in a corner by admitting your products are hazardous. By steering your local building/fire guys in the direction that you are manufacturing a FOOD GRADE PRODUCT, there is no hazard.... if this were a hazardous material you would not be able to sell it to the public for consumption (I think the only alcoholic beverage that has an MSDS label on it is everclear). That is exactly the scope of the exceptions in the IFC Chapter 27 and Chapter 34 codes: to allow beer, wine, and spirits to remain on-site without being bound by hazardous/combustible/flammable code definitions.

So, my suggestion to anyone that reads this thread is to look these codes up and let your local officials know that you are making a consumable food grade product that is not dangerous. Do not give in to MSDS sheets for your spirits (required for non-consumable hazardous materials), H3 occupancy (manufacturing fireworks and explosives fall into this occupancy category), or any other forms of subjective bargaining to insinuate what we do is dangerous. Trust me, if you have another distillery in the state, or even a neighboring state, that is bound by all of the hazardous regulations you will fall victim to it too. If we all set the precedent that what we are doing is safe and can back that up with ICC codes, everyone will be better off in the long run. This all, of course, is subject to local approval but what I have written here will give you plenty of meat to argue the point.

I have more on this issue, but this pretty much covers the appropriate code exceptions for distilling applications.

[grehorst]

Guy, I noticed in another post that you got a H3 Hazardous Occupancy permit which made your local fire officials happy. In my opinion you have painted yourself in a corner by admitting your products are hazardous. By steering your local building/fire guys in the direction that you are manufacturing a FOOD GRADE PRODUCT, there is no hazard.... if this were a hazardous material you would not be able to sell it to the public for consumption

Tried to play the word games, unfortunately our local guys are smart enough to know that whether we're using it to produce a beverage or to burn in our cars it's still 190 proof ethanol and it's still flammable (thus a hazard). Believe me, I didn't want to go through the expense and delay they put me through, but there were no other alternatives. So... I could "paint myself in a corner" or I could not be in business, those were my only two options. Some localities are more flexible on this stuff but mine was not. Glad to hear it worked out for you.

[absaroka]

Tried to play the word games, unfortunately our local guys are smart enough to know that whether we're using it to produce a beverage or to burn in our cars it's still 190 proof ethanol and it's still flammable (thus a hazard). Believe me, I didn't want to go through the expense and delay they put me through, but there were no other alternatives. So... I could "paint myself in a corner" or I could not be in business, those were my only two options. Some localities are more flexible on this stuff but mine was not. Glad to hear it worked out for you.

I'm sure you did you due diligence to get around it, Guy. That was the only example I found on here that I could relate my argument to. And I also put the disclaimer that the local officials have to agree with what the code says. If everyone doesn't get that "warm fuzzy" feeling then you're at their mercy..... I totally understand where you've been with that. It's only money, right?!?

[grehorst]

I'm sure you did you due diligence to get around it, Guy. That was the only example I found on here that I could relate my argument to. And I also put the disclaimer that the local officials have to agree with what the code says. If everyone doesn't get that "warm fuzzy" feeling then you're at their mercy..... I totally understand where you've been with that. It's only money, right?!?

Money, blood, sweat and tears.

[JohnMillerDistiller]

H2 occupancy code compliance would seem from the fire and building codes to be what the Fire Marshalls are seeking. A knowledgeable environmental consultant or architect who can get his way with the local building department is needed. Perhaps this forum can help us find such a person.

[ryankf]

Just curious absaroka, what did you end up getting as far as volume limitations for spirit storage not in barrels? Our local fire code checker is limiting us to 120 gal. per control room. It's not really a reasonable amount of spirit to work with in processing even with multiple control rooms.