Hazardous Materials Permits

Plan Submittal Process

If your project involves hazardous materials and/or hazardous waste, approval from the Bureau of Fire Prevention, and permit issuance is required prior to beginning work. Construction, demolition or removal plans may be submitted to the Bureau of Fire Prevention via the following methods, directly to the Bureau of Fire at or via email:
455 East Calaveras Boulevard
Milpitas, CA 95035.

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 and 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

After-hour Inspections and Plan Reviews

"After-hour" inspections shall mean a task, requested by the client, to be performed before 7 am and after 5 pm. Monday through Friday. After hours inspections and reviews may be requested and are dependent on staff availability. 

After hour and plan reviews and/or inspections are charged per the fees specified in the Fire Department's fee schedule.

Annual Hazardous Materials Permits

A Fire Code Permit required by Article 1 of the Milpitas Fire Code shall be charged a standard fee set forth in the Fire Department's fee schedule. This fee covers permit processing time, and facility inspections as set forth in the Fire Department's fee schedule. The Fire Code Permit shall be renewed annually. 

Fees are payable upon presentation of the invoice. Fees shall not be refunded upon failure of an applicant to receive a permit. There shall be no reduction in fees where there is a requirement for more than one permit, except as provided by the Fee Resolution Number 7352 as amended by the Milpitas Municipal Code Title IV Chapter 3, as adopted by the Milpitas City Council. Failure to pay for any fee imposed within the time period specified shall cause the amount of the invoice to be subject to a late fee (double the standard permit fee).