Part 9.25

HAZARDOUS MATERIALS PROVISIONS*

Sections:

• 17.12.970 Adoption of Chapters 51 through 59 of the 2025 California Fire Code.

• 17.12.972 Amendment of Section 5601 of the 2025 California Fire Code.

• 17.12.974 Amendment of Section 5608 of the 2025 California Fire Code.

• 17.12.976 Amendment of Section 5704.2.7.5.8 of the 2025 California Fire Code.

• 17.12.978 Amendment of Section 5704.2.7.5.9 of the 2025 California Fire Code.

• 17.12.980 Amendment of Sections 5707.3.2 of the 2025 California Fire Code.

• 17.12.982 Amendment of Section 5707.3 of the 2025 California Fire Code.

• 17.12.984 Amendment of Sections 5707.4.2 and 5707.4.3 of the 2025 California Fire Code.

Except as otherwise provided for in this Chapter, Chapters 51 through 59 of the 2025 California Fire Code, including the Tables therein, are adopted and incorporated in this Chapter by reference and made a part hereof as if fully set forth herein.

(Ord. 31258.)

*Editor’s note— Ord. 31258, § 12, adopted Nov. 18, 2025, amended Part 9.25 of Ch. 17.12 in its entirety to read as set out herein. Former Part 9.25, §§ 17.12.970 - 17.12.984, pertained to similar subject matter and derived from Ords. 30327, 30836.

T17:84

2026-Supplement 4

BUILDINGS AND CONSTRUCTION

§ 17.12.976

Section 5601.1.3 of the 2025 California Fire Code is amended to read as follows:

5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited. Exceptions: The use of fireworks for firework displays (pyrotechnics) before a proximate audience, and pyrotechnic special effects in motion pictures, television, theatrical, or group entertainment productions, as allowed in Title 19, Div. 1, Chapter 6 Fireworks, reprinted in Section 5608 and Health and Safety Code Division 11.

Section 5601.2 of the 2025 California Fire Code is amended to read as follows:

5601.2.4 Financial Responsibility. Before a permit is issued, as required by section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $1,000,000 or a public liability insurance policy in the same amount, for the purpose of the payment of all damages to persons or property that arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgement results. The fire code official is authorized to specify a greater amount when, in their opinion, conditions at the location of use indicate a greater amount is required. Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6, see section 5608.

5601.2.4.1 Blasting. Before approval to do blasting is issued, the applicant for approval shall file a bond or submit a certificate of insurance in such form, amount, and coverage as determined by the legal department of the jurisdiction to be adequate in each case to indemnify the jurisdiction against any and all damages arising from permitted blasting.

5601.2.4.2 Fireworks Display. The permit holder shall furnish a bond or certificate of insurance in an amount deemed adequate by the fire code official for the payment of all potential damages to a per-

son, or persons, or to property by reason of the permitted display, and arising from any acts of the permit holder, the agent, employees, or subcontractors.

(Ord. 31258.)

Section 5608 is amended to read as follows:

5608.2 Financial Responsibility. In addition to all other requirements, the applicant for a permit to use fireworks, including proximate audience displays and pyrotechnic special effects, shall furnish a bond or certification of insurance in the amount deemed adequate by the fire code official and the City Risk Manager for payment of damages which could be caused either to a person or persons or to property by reason of the permitted activity and arising from acts of the permittee, agents, employees, or subcontractors.

(Ord. 31258.)

Section 5704.2.7.5.8 is amended to read as follows:

5704.2.7.5.8 Overfill prevention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.

An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings.

Exception: Outside above-ground tanks with a capacity of 500 gallons or less. (Ord. 31258.)

T17:85

2026-Supplement 4

SAN JOSÉ CODE

§ 17.12.978

Section 5704.2.7.5.9 is amended to read as follows:

5704.2.7.5.9 Automatic filling of tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official, that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained for a period of five (5) years. (Ord. 31258.)

Section 5707.3.2 of the 2025 California Fire Code is amended to read as follows:

5707.3.2 Training records. Mobile fueling vehicles shall be operated only by designated personnel who are trained on proper fueling procedures and the safety and emergency response plan. Persons responsible for dispensing operations shall be trained in the appropriate mitigating actions in the event of a fire, leak, or spill. Training records of operators shall be maintained by the dispensing company. The training of employees who use and maintain the dispensing system shall be in accordance with CFC Section 406, and provisions for hazard communication in accordance with CFC Section 407 as can be applied to this operation. (Ord. 31258.)

Section 5707.3 of the 2025 California Fire Code is amended to read as follows:

5707.3.4 Property Owner Acceptance of Liability. The Property Owner is responsible for all activities on their property. Therefore, the Property Owner at which mobile fueling is being conducted proposed shall sign in concurrence with the Site, Safety, and

emergency plans indicating acknowledgment of their acceptance of liability for the mobile fueling operations on their property. (Ord. 31258.)

Section 5707.4.2 of the 2025 California Fire Code is amended to read as follows:

5707.4.2 Sources of Ignition. Smoking, open flames, and other sources of ignition shall be prohibited within 25 feet (7620 mm) of fuel dispensing activities. Signs prohibiting smoking or open flames within 25 feet (7620 mm) of the vehicle and the point of fueling shall be prominently posted on the mobile fueling vehicle. The engines of vehicles being fueled shall be shut off during fueling. Areas within 25 feet (7620 mm) surrounding fuel dispensing activities shall be free from vegetation, debris and other combustible material.

Section 5707.4.3 of the 2025 California Fire Code is amended to read as follows:

5707.4.3 Electrical Equipment. Mobile fueling shall not occur within 20 feet (6096 mm) of electrical equipment located within 18 inches (457 mm) of the ground unless such electrical equipment is rated for Class I, Division 2, hazardous locations in accordance with the California Electrical Code. Electrical wiring and equipment shall be suitable for the locations in which they are installed and shall comply with CFC Section 605, NFPA 30A, and the California Electrical Code. (Ord. 31258.)