APPLICATION FOR PERMIT

SJ-MC tit. 17, ch. 17.68, pt. 8

in effect

San José Municipal Code § 17.68.600 Permit.

17.68.600 - Permit. Any person, firm, or corporation which stores any hazardous material shall obtain and keep current a hazardous materials storage permit or permits issued pursuant to this chapter. A separate permit may be required for each storage facility at a single location or site. The fire marshal shall determine the number of permits required at a facility based on enforcement and emergency response considerations. Additional approvals shall be obtained for any storage system thereafter connected, installed, constructed, repaired as required by Section 17.68.600 or Section l7.78.270 of Chapter 17.78 of this title, substantially modified, replaced, closed, or removed, or for any change or addition in hazardous materials stored, not in accordance with the prior approval. Notwithstanding the above, permittee shall have thirty days to apply for an additional approval for the storing of a new or different hazardous material with the same hazard class as stated on the existing permit approvals where such storage does not increase the hazard of fire or explosion or the hazard of the production of flammable or poisonous gas. Storage of new or different hazardous materials, not meeting all of these criteria, shall require the prior additional approval. (Ords. 21334, 22555, 23450.)

San José Municipal Code § 17.68.610 Application for permit.

17.68.610 - Application for permit. Application for a new, amended, or renewed permit or an additional approval shall be made to the fire marshal on the form provided by city. In addition to the information required by such form, applicant shall submit the hazardous materials management plan required by Section 17.68.300 and construction plans, if any, in conformity with Section 17.68.150. Applicant shall specify the permit quantity limit requested to be permitted for each storage facility. No application shall be accepted unless and until the required application fee has been paid. (Ords. 21334, 22555.)

San José Municipal Code § 17.68.620 Investigation.

17.68.620 - Investigation. Upon receipt of an application for a new or renewed permit, the fire marshal may make such investigation of the applicant and the proposed facility or activity as such officer deems necessary to carry out the purposes of this chapter. (Ord. 21334.)

San José Municipal Code § 17.68.630 Approval of permit.

17.68.630 - Approval of permit. A permit shall not be approved until the fire marshal is satisfied that the storage approved adequately conforms to the provisions of this chapter. (Ord. 21334.)

San José Municipal Code § 17.68.640 Provisional permit.

17.68.640 - Provisional permit. If the fire marshal finds that the proposal does not completely conform to the provisions of this chapter, the fire marshal may approve a provisional permit, subject to conditions to be imposed by the fire marshal, when provisional permit is feasible and does not appear to be detrimental to the public interest. Such permit shall not be issued unless the applicable minimum requirements of Section 25284 or Section 25284.1 of Chapter 6.7 of Division 20 of the Health and Safety Code have been complied with. The applicant must be informed in writing of the reasons why a full term permit was not issued. (Ords. 21334, 21508.)

San José Municipal Code § 17.68.650 Temporary permit.

17.68.650 - Temporary permit. A temporary permit for storage may be issued where storage exceeds thirty days but does not exceed one hundred eighty days and occurs no more frequently than every six months. The containment standards of Part 3, the hazardous materials management plan of Part 4 and the inspection and records requirements of Part 7 may be modified as appropriate under these circumstances for the storage of hazardous materials on a nonregular temporary basis. (Ords. 21334, 30836.)

San José Municipal Code § 17.68.660 Issuance of permits.

17.68.660 - Issuance of permits. A. Issuance. Upon the approval of a temporary, provisional, or full term permit by the officer and upon the payment of any applicable fee, the officer shall issue and deliver the permit to the applicant. Such permit shall contain the following information: 1. The name and address of the permittee for purposes of notice and service of process; 2. The address of the storage facility or facilities for which the permit is issued; 3. Authorization of the storage system(s) approved under the permit, the permit quantity limit(s) and the approved hazard class or classes for the storage facility or facilities; 4. The date the permit is effective; 5. The date of expiration; 6. When applicable, a designation that the permit is provisional or temporary; 7. Any special conditions of the permit. B. Records. The officer shall keep a record of all permits issued and all conditions attached thereto. (Ords. 21334, 22555.)

San José Municipal Code § 17.68.670 Additional approvals.

17.68.670 - Additional approvals. A. When a request for an additional approval is filed as required by Section 17.68.600, the procedures set forth in this chapter for an application for a permit shall also apply to an application for an additional approval. Each application for an additional approval shall be accompanied by an appropriate amendment to the HMMP. B. If the additional approval request is for closure of a particular storage facility, but not for the closure of all storage facilities, permittee shall apply for approval to close such storage facility not less than thirty days prior to the termination of the storage of hazardous materials at the storage facility. Such closure shall be in accordance with a closure plan which describes procedures for terminating the storage of hazardous materials in each storage facility in a manner that: 1. Minimizes the need for further maintenance; and 2. Controls to the extent that a threat to public health or safety or to the environment from residual hazardous materials in the storage facility is minimized or eliminated; and 3. Demonstrates that hazardous materials that were stored in the storage facility will be removed, disposed of, neutralized, or reused in an appropriate manner. C. If the additional approval request is for closure of all storage facilities, permittee shall apply for approval to close such facilities not less than ninety days prior to the termination of the storage of hazardous materials at the facility. Closure of such facilities shall be in accordance with a closure plan. The closure plan for such facilities shall be submitted with the application and shall describe procedures for terminating the storage of hazardous materials in each storage facility in a manner that: 1. Demonstrates that hazardous materials that were stored in the storage facilities will be removed, disposed of, or neutralized in an appropriate manner; and 2. The facility is not contaminated as a result of the storage of hazardous materials. The closure plan shall contain the names and addresses of the parties responsible for the closure application and closure plan. The responsible parties shall notify the fire marshal of any address change which occurs within one year of the effective date of the closure of the facility. D. Any party may request a courtesy notice of a pending facility closure. Such request shall be in the form of a filed written or electronic request with the fire marshal for notification of closure pursuant to this subsection. Parties who have filed such written or electronic request of any closure shall be notified within ten working days of notification to the fire marshal of such closure. Notification shall be made in writing or electronically. Any such request shall be valid from the date filed with the fire marshal until the next July 1st. A renewal of request for such mailed notice shall be filed in writing on or before July 1st of each year in the manner specified above for such request to remain valid. (Ords. 21334, 21810, 30836.)

San José Municipal Code § 17.68.680 Term.

17.68.680 - Term. A permit may be issued for a term of one year, excepting provisional permits which may be issued for any period of time up to six months and temporary permits which may be issued for no less than thirty days but longer than one hundred eighty days. (Ords. 21334, 22555, 30836.)

San José Municipal Code § 17.68.690 Renewal.

17.68.690 - Renewal. Every application for the renewal of a permit or extension of a provisional permit shall be made at least thirty days prior to the expiration date of such permit. If a timely application for renewal has been submitted, the permit shall remain in effect until the city has made its determination pursuant to Section 17.68.700 and any administrative appeal pursuant to Part 9 has been exhausted. (Ord. 21334.)

San José Municipal Code § 17.68.700 Determination.

17.68.700 - Determination. City shall make a determination with regard to any application for a permit, an additional approval, or a renewal, within ninety days from the date that the application has been completed or compliance with the appropriate provisions of the California Environmental Quality Act (CEQA) has been completed, whichever occurs later. This time limit may be further extended by mutual agreement between city and applicant. (Ord. 21334.)

San José Municipal Code § 17.68.710 Fees.

17.68.710 - Fees. Fees shall be as set forth in the schedule of fees established by resolution of council and shall be sufficient to recover costs of administering this chapter and no application shall be accepted unless and until the fees have paid. A. Delinquent Fees. All permit fees delinquent for thirty days or more shall be subject to an additional charge to be determined by city which shall be added to the amount of the fee collected. B. Refund of Fees. No refund or rebate of a permit fee shall be allowed by reason of the fact that the permit is denied or the permittee discontinues the activity or use of a facility prior to the expiration of the term or that the permit is suspended or revoked prior to the expiration of the term. (Ords. 21334, 30836.)

San José Municipal Code § 17.68.720 Transfer of permit.

17.68.720 - Transfer of permit. The permit may be transferred to new owners of the same business only if the new owners accept responsibility for all obligations under this chapter at the time of the transfer of the business and document such transfer on a form provided by city within thirty days of transfer of ownership of the business. Such transfer shall be subject to the approval of city. (Ord. 21334.)

San José Municipal Code § 17.68.730 Effective date of permit.

17.68.730 - Effective date of permit. No permit shall become effective until the permit has been signed and accepted by the permittee. Where the permittee is a company, firm or corporation, the acceptance must be signed by a person having the legal authority to bind the permittee. (Ord. 21334.)

Source: City of San José, Municipal Code (Municode Library, library.municode.com)URL: https://library.municode.com/ca/san_jose/codes/code_of_ordinances?nodeId=TIT17BUCO_CH17.68HAMASTOR_PT8APPEFetched: 11/1/2026