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�. • P(,�U I IY <br /> JOHN F. CHEADLE PATRICIA M. FREDERICK <br /> COUNTY COUNSEL Cq'- �P DEPUTY COUNTY COUNSEL <br /> PATRICK H. CURRAN GEORGE H. CUNNINGHAM <br /> DEPUTY COUNTY COUNSEL <br /> CHIEF LITIGATION DEPUTY OFFICE OF THE <br /> REBECCA DAVIS FELIX <br /> MICHAEL MCGREW DEPUTY COUNTY COUNSEL <br /> CHIEF DEPUTY COUNTY COUNSEL FRANK V. BRUNO. JR. <br /> TERRENCE R. DERMODY DEPUTY COUNTY COUNSEL <br /> CHIEF DEPUTY COUNTY OF SAN JOAQUIN DAVID T. HAYDEN <br /> DEPUTY COUNTY COUNSEL <br /> COURTHOUSE. ROOM 711 <br /> GUTIERREZ <br /> 222 EAST WEBER AVENUE GILBERTO DEPUTY COUNTY COUNSEL <br /> STOCKTON, CALIFORNIA 95202 SANDRA MICHAEL AFFONSO <br /> DEPUTY COUNTY COUNSEL <br /> TELEPHONE 944.9551 (AREA CODE 209) <br /> DAVID WOOTEN <br /> January 9 , 1986 DEPUTY COUNTY COUNSEL <br /> BOARD OF HOUSING APPEALS <br /> San Joaquin Local Health District JAN 14 1986 <br /> 1601 E. Hazelton Avenue <br /> Stockton, CA ENVIROME;�TAL HEALTH <br /> FERMIT/SERVICES <br /> RE: Appeal of Ace Tomato Company <br /> Dear Board Members: <br /> We have reviewed the appeal of Ace Tomato Company from the <br /> determination that the building in question is properly <br /> classified as a "H-3" occupancy under the Uniform Building Code. <br /> On its face the appeal is not well taken . "H-3" classifica- <br /> tion is to be applied to "shops , factories , or warehouses where <br /> loose combustible fibers or dust are manufactured, processed, <br /> generated or stored. " Section 901 , Uniform Building Code. The <br /> appeal does not assert that the operation is free from com- <br /> bustible dust , but speaks to the amount of airborne dust created. <br /> Consequently, the appeal does not adequately address any issue <br /> that could properly be brought before the Board. <br /> It must be recognized that the County of San Joaquin has no <br /> authority to condition operations or uses by means of building <br /> permits . If the amount or type of dust created is dependent on <br /> the quantity or quality of product processed, that is a matter <br /> beyond our regulatory jurisdiction. For that reason, the occu- <br /> pancy classifications are of a generic or broad nature and not a <br /> matter of fine interpretation in each case requiring highly <br /> qualified expert analysis . <br /> The appeal has been phrased in terms not contained in the <br /> Uniform Building Code and the attempt is being made to have the <br /> Board focus on issues not properly to be determined by the Board <br /> and not relevant to Code interpretation . <br />