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Fire Permit Requirements

Annual Permits:
Section 105.8 of the Milpitas Fire Code reads as follows:
 
105.8 Permit Required. A permit shall be obtained from the bureau of fire prevention prior to engaging in the following activities, operations, practices or functions:
a.1 Aerosol products. To store or handle an aggregate quantity of Level 2 or Level 3 aerosl products in excess of 500 pounds (226.8 kg) net weight.
a.2 Aircraft refueling vehicles. To operate aircraft refueling vehicles.
a.3 Aircraft repair hanger. To use any structure as an aircraft hanger for the purpose of servicing or repairing aircraft.
a.4 Asbestos removal. To conduct asbestos-removal operations regulated by Article 87.
a.5 Automobile wrecking yard. To operate an automobile wrecking yard.
b.1 Bowling pin or alley refinishing. To conduct a bowling pin refinishing or bowling alley resurfacing operation involving the use and application of flammable liquids or materials.
c.1 Candles and open flames in assembly areas. To use open flame or candles in connection with assembly areas, dining areas of restaurants or drinking establishments.
c.2 Carnivals and fairs. To conduct a carnival or fair.
c.3 Cellulose nitrate film. To store, handle, use or display cellulose nitrate film.
c.4 Cellulose nitrate storage. To store or handle more than 25 pounds (11.3 kg) of cellulose nitrate plastic (pyroxylin) for the manufacturing or assembly of articles or parts of articles containing cellulose nitrate plastics (pyroxylin).
c.5 Combustible fiber storage. To store or handle combustible fibers in quantities in excess of 100 cubic feet (2.83 m3).
c.6 Combustible material storage. To store more than 2,500 cubic feet (70.8m3) gross volume of combustible empty packaging cases, boxes, barrels or similar containers, or rubber or cork, or other similar combustible materials.
c.7 Compressed gases. To store, use or handle at normal temperatures and pressures compressed gases in excess of the Milpitas Hazardous Materials Permit Amounts, a permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system.

EXCEPTIONS:

  1. Routine maintenance.
  2. For emergency repair work performed on an emergency basis, application for permit shall be made within two working days of commencement of work.
The permit applicant shall apply for approval to close storage, use or handling facilities at least 30 days prior to the termination of the storage, use or handling of compressed or liquified gases. Such application shall include any change or alteration of the facility closure plan filed pursuant to Section 8001.11. This 30 day period may be waived by the chief if there are special circumstances requiring such waiver.
c.8 Commercial rubbish-handling operation. To operate a commercial rubbish-handling operation.
c.9 Cryogens. Except where federal or state regulations apply and except for fuel systems of the vehicle, to produce, store or handle cryogens in excess of the amounts listed in Table 105-B.
d.1 Dry cleaning plants. To engage in the business of dry cleaning or to change to a more hazardous cleaning solvent. Such permits shall prescribe the class of system to be used.
d.2 Dust-producing operations. To operate a grain elevator, flour starch mill, feed mill, or plant pulverizing aluminum, coal, cocoa, magnesium, spices, sugar or other material producing dusts as defined in Article 2.
e.1 Explosives or blasting agents. For permits for explosives or blasting agents, See Article 77.
f.1 Fire hydrants and water-control valves. For permits to use a fire hydrant or operate a water-control valve intended for fire-suppression purposes.
f.2 Fireworks. For permits for fireworks, see Article 78.
f.3 Flammable or combustible liquids.
  1. To use or operate, repair or modify a pipeline for the transportation of flammable or combustible liquids.
  2. To store, handle or use Class I liquids in excess of 5 gallons (18.9L) in a building or in excess of 10 gallons (37.9L) outside of a building, except that a permit is not required for the following:
  2.1 The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant, unless such storage, in the opinion of the chief, would cause an unsafe condition.
  2.2 The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance , painting or similar purposes for a period of not more than 30 days.
  3. To store, handle or use Class II or III-A liquids in excess of 25 gallons (94.6L) in a building or in excess of 55 gallons (227.1L) outside a building, except for fuel oil used in connection with oil-burning equipment.
  4. To remove Class I or Class II liquids from an underground storage tank used for fueling motor vehicles by any means other than approved, stationary on-site pumps normally used for dispensing purposes.
  5. To install, construct, alter or operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used.
  6. To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of a flammable or combustible liquid tank.
  7. To change the type of contents stored in a flammable or combustible liquid tank to a material other than that for which the tank was designed and constructed.
f.4 Fruit ripening. To operate a fruit-ripening process regulated by Article 46.
f.5 Fumigation or thermal insecticidal fogging. To operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used.
h.1 Hazardous materials. To store, transport on site, dispense, use or handle hazardous materials in excess of the Milpitas Hazardous Materials Permit Amounts or to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility or other area regulated by Article 80 when the hazardous materials in use or storage exceed the Milpitas Hazardous Materials Permit Amounts.
h.2 Hazardous production materials. To store, handle or use hazardous production material in a Group H, Division 6 Occupancy.
h.3 High-piled combustible storage. To use and building or portion thereof as a high-piled storage area exceeding 500 square feet (46.45 m2). Plans shall be submitted with application for such permits in accordance with Article 81.
  l.1 Liquified petroleum gases. See Article 82.
  1. To store, use, handle or dispense LP-gas.
  2. To install or maintain LP-gas containers.
  1.2 Liquified- or gas-fueld vehicles or equipment in assembly buildings. To display, compete or demonstrate liquid- or gas-fueled vehicles or equipment in assembly buildings.
  1.3 Lumber yards. To store lumber in excess of 100,000 board feet (9290.3 m2 surface area of lumber 25.4 mm in thickness).
m.1 Magnesium working. To melt, cast, heat treat or grind more than 10 pounds (4.54 kg) of magnesium per working day.
m.2 Mall, covered. To use a covered mall in the following manner:
 
  1. Placing or constructing temporary kiosks, display booths, concession equipment or the like in the mall.
  2. To use a mall as a place of assembly.
  3. To use open-flame or flame-producing devices.
  4. To display any liquid- or gas-fueled powered equipment.
m.3 Motor vehicle fuel dispensing stations. To dispense flammable or combustible liquids, liquidfied petroleum gases or compressed natural gas at motor vehicle fuel-dispensing stations.
o.1 Open burning. To conduct open burning. Where burning is conducted on public property or the property of someone other than the permit applicant, the permit applicant shall demonstrate that permission has been obtained by the appropriate government agency, the owner, or the owner's authorized agent. When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions.
o.2 Organic coatings. To manufacture more than 1 gallon (3.79L) of organic coatings in a working day.
o.3 Ovens, industrial baking or drying. To operate an industrial baking or drying oven regulated by Article 62.
p.1 Parade floats. To use a parade float for public performance, presentation, spectacle, entertainment or parade.
p.2 Places of assembly. To operate a place of assembly.
p.3 Pyrotechnical special effects material. For permits for pyrotechnical special effects material.
r.1 Radioactive materials. To store or handle at any installation more than 1 microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or more than 1 millicurie (37,000,000 becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required.
r.2 Refrigeration equipment. To install or operate a mechanical refrigeration unit or system regulated by Article 63.
r.3 Repair garages. To use a structure as a place of business for servicing or repairing motor vehicles.
s.1 Spraying or dipping. To conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Article 45.
t.1 Tents, canopies and temporary membrane structures. To erect or operate a tent or air-supported temporary membrane structure having an area in excess of 200 square feet (18.6 m2), or a canopy in excess of 400 square feet (37.2 .2), except for structures used exclusively for camping.
t.2 Tire storage. To use an open area or portion thereof to store tires in excess of 1,000 cubic feet (28.3 m3).
w.1 Welding and cutting operations. To conduct welding or cutting operations in an occupancy.

MILPITAS FIRE DEPARTMENT PERMIT AMOUNTS

HAZARD CLASSIFICATION AMOUNT
  GAS LIQUID SOLID
Carcinogen     10 pounds
Cellulose Nitrate     25 pounds
Cryogens - see table below      
Corrosive 200 cubic feet 55 gallons 500 pounds
Explosives Any amount Any amount Any amount
Flammable 200 cubic feet**
LPG Any Amount
See table below 100 pounds
Highly Toxic Any amount Any amount Any amount
Irritants   55 gallons 500 pounds
Inert 200 cubic feet    
Magnesium     500 pounds***
Moderately Toxic 20 cubic feet*    
Nitrate Film     Any amount
Oxidizing
class 4
class 3
class 2
class1
200 cubic feet Any amount
1 gallon
10 gallons
55 gallons
Any amount
Any amount
Any amount
Any amount
Organic Peroxides Class I-V   Any amount Any amount
Other Health Hazards   55 gallons 500 pounds
Pyrophoric Any amount Any amount Any amount
Radioactive
Requireing NRC permit
Any source
Any amount Any amount
1 Microcurie
Any amount
1 Microcurie
Sensitizer   55 gallons 500 pounds
Toxic Any amount Any amount Any amount
Unstable (reactive Class 1-4 Any amount Any amount Any amount
Water Reactive Class 1-3   Any amount Any amount
*Includes pesticides and fumigants
** Except cryogenic fluids and liquified petroleum gas
*** To melt, cast, heat, treat or grind more than 10 pounds per working day.

Cryogens
Hazard Classification Stored Inside a Building (amount) Stored Outside a Building (amount)
Corrosive Over 1 gallon Over 1 gallon
Flammable Over 1 gallon 55 gallons
Highly Toxic Over 1 gallon Over 1 gallon
Nonflammable 55 gallons 55 gallons
Oxidizer 50 gallons 50 gallons

Flammable & Combustible Liquids
Hazard Classification Stored Inside a Building (amount) Stored Outside a Building (amount)
Class I 5 gallons 10 gallons
Class II or IIIA 25 gallons 55 gallons

Contact

 

Fire Administration Building

777 S. Main St.

Milpitas, CA 95035

(408) 586-2800

 

Fire Station #1 - 25 W. Curtis (408) 586-2820

Fire Station #2 - 1263 Yosemite (408) 586-2840

Fire Station #3 - 45 Midwick (408) 586-2850

Fire Station #4 - 775 Barber Lane (408) 586-2860

Fire Prevention
City Hall, 455 East Calaveras Boulevard
(408) 586-3365

Office of Emergency Services

Phone: (408) 586-2800