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domestic kichen exhaust duct in multifamily

First and foremost, this is a membrane penetration by a duct of a one hour fire-resistance-rated floor/ceiling assembly (this is not a vent; see IMC Chapter 2 for vent definition). This penetration is covered by IMC Section 607 Duct and Transfer Openings. 607.6 refers to duct and transfer openings in horizontal assemblies. This is not a through penetration, so 607.6.1 is not applicable. 607.6.2 refers to membrane penetrations. This is what we have. This section provides two choices; 1- shaft, 2- ceiling radiation damper. So, the real question is, can I install a ceiling radiation damper in the duct that exhausts my residential hood? :) BTW, the suggestion for installing the duct within the wall cavity and penetrating the top plate is an exception to 607.6.1, which I have already established that this is not a through penetration. Does this proposed alternative meet the spirit and functional intent of the code? Perhaps, if all of the items contained in the exception were met :)
 
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