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� (�.D" JOHN F. CHEADLE PATRICIA M. FREDERICK COUNTY COUNSEL DEPUTY COUNTY COUNSEL PATRICK H. CURRAN GEORGE H. CUNNINGHAM CHIEF LITIGATION DEPUTY DEPUTY COUNTY COUNSELOFFICE OF THE REBECCA DAVIT FELIX MICHAEL MCGREW DEruir COUNTY COUNSEL CHIEF DEPUTY COUNTY COUNSEL FRANK V. BRUNO. JR. 1 TERRENCE R. DERMODY DEPUTY COUNTY COUNSEL CHIEF DEPUTY COUNTY OF SAN JOAQUIN DAVID T. HAYDEN COURTHOUSE. ROOM 711 DEPUTY COUNTY COUNSEL RE 222 EAST WEBER AVENUE 6ILBERTO GUTIE RC CO2 LINTY COUNSEL STOCKTON. CALIFORNIA 95202 SANDRA MICHAEL AFPONSO TELEPHONE 9449661 (AREA CODE 209) DEPUTY COUNTY COUNSEL DAVID WOOTEN January 9 , 1986 DEPUTY COUNTY COUNSEL BOARD OF HOUSING APPEALS San Joaquin Local Health District R 1601 E. Hazelton Avenue Stockton, CA RE: Appeal of Ace Tomato Company Dear Board Members: We have reviewed the appeal of Ace Tomato Company from the determination that the building in question is properly classified as a "H-3" occupancy under the Uniform Building Code. On its face the appeal is not well taken. "H-311 classifica- tion is to be applied to "shops , factories , or warehouses where loose combustible fibers or dust are manufactured, processed, generated or stored. " Section 901 , Uniform Building Code. The appeal does not assert that the operation is free from com- bustible dust , but speaks to the amount of airborne dust created. Consequently, the appeal does not adequately address any issue that could properly be brought before the Board. It must be recognized that the County of San Joaquin has no authority to condition operations or uses by means of building permits . If the amount or type of dust created is dependent on the quantity or quality of product processed, that is a matter beyond our regulatory jurisdiction. For that reason , the occu- pancy classifications are of a generic or broad nature and not a matter of fine interpretation in each case requiring highly qualified expert analysis . The appeal has been phrased in terms not contained in the Uniform Building Code and the attempt is being made to have the Board focus on issues not properly to be determined by the Board and not relevant to Code interpretation.