(a) Odor Suppression. All food establishments in buildings and food processing plants approved after February 24, 2020 that are located within 250 feet of properties zoned and guided residential or in a mixed use district with residential uses must install an odor suppression system if the food establishment or food processing plant:
(1) Requires a Type I grease exhaust hood, or
(2) Requires a Type II non-dish machine exhaust hood, or
(3) Otherwise vents food odors.
(b) Measurement. The 250 feet is measured from the nearest wall of a restaurant space to the nearest wall of a residential dwelling.
(c) Certification. The odor suppression system must be certified by a qualified and licensed professional engineer to successfully mitigate odors for surrounding residential uses, and installed and maintained according to the manufacturer's recommendations.
(d) Existing Food Establishments. Existing food establishments and food processing plants must comply with the requirements listed above in subsection (a) if applicable to them upon:
(1) Issuance of a new food establishment license after a period of vacancy of over one year from the last date of valid food establishment license; or
(2) Installation of a Type I exhaust hood, Type II non-dish machine exhaust hood or other food ventilation system in an establishment that previously had no such ventilation system.