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Chapter 16.52 — FIRE CODE

5001.1 Scope. Prevention, control and mitigation of dangerous conditions related to the

Sunnyvale Municipal Code · 2026-09 edition · updated 2026-09-27 · Sunnyvale

storage, dispensing, use and handling of hazardous materials shall be in accordance with this chapter.

This chapter shall apply to all hazardous materials, including those materials regulated elsewhere in this code, except that where specific requirements are provided in other chapters, those specific requirements shall apply in accordance with the applicable chapter. Where a material has multiple hazards, all hazards shall be addressed.

Exceptions:

  1. In retail or wholesale sales occupancies, the quantities of medicines, foodstuff or consumer products and cosmetics containing not more than 50 percent by volume water-miscible liquids and with the remainder of the solutions not being flammable shall not be limited, provided such materials are packaged in individual containers not exceeding 1.3 gallons (5 L).

  2. Quantities of alcoholic beverages in retail or wholesale sales occupancies shall not be limited providing the liquids are packaged in individual containers not exceeding 1.3 gallons (5 L).

  3. Application and release of pesticide and agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications where applied in accordance with the manufacturers' instructions and label directions.

  4. The off-site transportation of hazardous materials where in accordance with Department of Transportation (DOTn) regulations.

  5. Building materials not otherwise regulated by this code.

  6. Refrigeration systems (see Section 608).

  7. Stationary storage battery systems regulated by Section 1207.

  8. The display, storage, sale or use of fireworks and explosives in accordance with Chapter 56.

  9. Corrosives utilized in personal and household products in the manufacturers' original consumer packaging in Group M occupancies.

  10. The storage of distilled spirits and wines in wooden barrels and casks.

  11. The use, storage or both, of wall-mounted dispensers containing alcohol-based hand rubs classified as Class I or II liquids where in accordance with Section 5705.5.

  12. Specific provisions for flammable liquids in motor-fuel dispensing facilities, repair garages, airports and marinas in Chapter 23.

  13. Storage and use of fuel oil in tank and containers connected to oil-burning equipment. Such storage and use shall be in accordance with Section 605. For abandonment of fuel oil tanks, Chapter 57 applies.

  14. Storage and display of aerosol products complying with Chapter 51.

  15. Storage and use of flammable or combustible liquids that do not have a fire point when tested in accordance with ASTM D92, not otherwise regulated by this code.

  1. Flammable or combustible liquids with a flash point greater than 95°F (35°C) in a water-miscible solution or dispersion with a water and inert (noncombustible) solids content of more than 80 percent by weight, which do not sustain combustion, not otherwise regulated by this code.

    1. Commercial cooking oil storage tank systems located within a building and designed and installed in accordance with Section 607 and NFPA 30.

    2. Storage and handling of lithium ion batteries regulated by Section 320.

(b) Hazardous materials business plan.

California Fire Code Section 5001.5.3 is hereby amended to read:

5001.5.3 Hazardous materials business plan. Facilities that are required to submit a
Hazardous Materials Business Plan (HMBP) as required by Health and Safety Code (HSC),
Chapter 6.95, Sections 25500 through 25547.8, and Title 19, Division 5, Chapter 1, and
facilities required to maintain a hazardous materials-related permit in accordance with
Section 105.5 of this code, shall electronically submit a HMBP every year on or by the last
day of the assigned month and no less frequently than that required by the HSC.

Exception: The following facilities shall electronically submit a HMBP at least once every
three years on or by the last day of the assigned month and no less frequently than that
required by the HSC:

1. Cell tower sites.

2. Facilities with no hazardous materials-related permits other than carbon dioxide used
in insulated liquid carbon dioxide beverage dispensing systems.

3. Dental offices with no other hazardous materials-related permits other than a permit
for a fixed medical gas system and/or small quantity waste generator permit.

(c) Health hazards.

California Fire Code Section 5001.2.2.2 is hereby amended to read:

5001.2.2.2 Health hazards. The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose a
physical hazard.

1. Highly toxic and toxic materials.

2. Corrosive materials.

3. Moderately toxic gas.

4. Other health hazard material.

(d) Biosafety level 3 and biosafety level 4 operations.

California Fire Code Section 5001 is hereby amended by adding Section 5001.7 to read:

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