Fire Prevention – Hazardous Materials Construction Permitting

Plan Submittal Process:

If your project involves hazardous materials and/or hazardous waste, approval from the Fire Department, and permit issuance is required prior to beginning work. Construction, demolition or removal plans may be submitted to the Hazardous Materials and Environmental Services Unit via the following methods:

1). Submission Directly to the Fire Department for a Fire Department Permit:

Construction, demolition or removal projects that do not require Building Department review and/or approval should be submitted directly to the Fire Department at 455 East Calaveras Boulevard, Milpitas, CA 95035.

To submit plans directly to the Fire Department, complete the Milpitas Fire Department Project Transmittal Sheet, available at the above address, showing receipt of payment by the Milpitas Finance Department, for the appropriate amount specified on the project transmittal sheet and submit it along with two complete sets of plans.

2). Submission to the Building Department for a Joint Building and Fire Department Permit:

Construction, demolition or removal projects requiring Building Department review and/or approval should be submitted to the Building Department located at City Hall at 455 East Calaveras Boulevard, Milpitas, CA 95035.

Plans submitted to the Building Department must be accompanied by the following completed documents:

  • Building Permit Application,
  • Bay Area Air Quality Management District & Hazardous Material/Waste Disclosure form,
  • Sewer Needs Inquiry form, and
  • Milpitas Fire Department Transmittal Sheet for Building Permits Requiring Fire Department Review.

Plan Submittal Guidelines:

Please review our list of Forms and Guidelines to determine whether any of these forms may be used to assist in the preparation of your plans. Following the guidelines and providing the necessary information at the time of plan submission will assist in the processing and review of your plans in a timely manner and may increase the probability of receiving an approval at the first submission.

In order to process your application as efficiently as possible, the information listed below, at a minimum, must accompany your submittal. Failure to include this information with your application may extend the plan review time and the time required to obtain a permit or approval.

Application Submittal Checklist:

  • Hazardous Materials Inventory Statement for the room or locations associated with the project, and the Fire Code classification for the chemicals. Note: simply providing Materials Safety Data Sheets (MSDS) is not sufficient. It is the responsibility of the applicant to classify all chemicals, including mixtures, used in the project. You may use the County-wide uniform document (UN-035) to provide this information.
  • Drawings at a legible scale, to show the location, within the building, all process equipment handling hazardous materials, and details on the location of equipment, ducting, piping, etc.
  • Process flow diagram with a description of each process.Specifications on equipment for handling, storing and/or processing hazardous materials, to include:
    • Size, material of construction, secondary containment information, if applicable, chemical resistant/compatible charts for:
    • tank(s)
    • supply and waste piping systems
    • product conveying ducting systems
    • Information on safety control systems: high level sensors, temperature control shutoffs, excess flow control, reduced flow control, etc., if present.
    • If a treatment system is involved (scrubbers, neutralization systems, waste treatment systems), provide performance data from the manufacturer or other approved professional engineer to confirm the system meets or exceeds regulatory requirements.
    • Information to document how piping, tanks, atmospheres, etc., are to be monitored, including type and frequency of monitoring (continuous, daily visual), location of monitoring probes, and equipment specifications, if applicable.
    • Labeling for tanks, cabinets, piping, storage areas, etc.
    • Chemical resistant information for coatings, if used.
    • If equipment, processes, ducting or piping is to be connected to an existing system, provide the fit up details, to include the above items, as applicable.
  • Size and volume of primary and secondary containment structures (tanks and piping). Include calculations & sprinkler fire flow, if applicable.
  • Treatment systems for each process (scrubbers, burn boxes, neutralization systems, etc.)If the installation requires a permit or approval from the Bay Area Air Quality Management District, or Regional Water Quality Control submit copies of the permit or permit application with your plans.Design submittal shall be stamped by a professional engineer, and when required by the Fire Department, the professional engineer of record shall submit a letter stating the process or equipment has been inspected by the engineer and found to be installed in accordance with the approved plans and specifications.