Codes & Regulations

Hazardous Materials Ordinance
The City of Gilroy Hazardous Materials Ordinance (HMSO), which predates the CUPA and Fire Code for hazardous materials regulations. The Ordinance provides the local authority to regulate Hazardous Materials and to carry out the CUPA programs. The HMSO contains some additional authorities, and establishes the Hazardous Materials Storage Permit.

Fire Code
The City of Gilroy Fire Code is based on the 1997 Uniform Fire Code, adopted by the State of California as the 1998 California Fire Code and adopted by Gilroy with some amendments. The Gilroy Fire Code modifies the California Fire Code by adding or changing certain requirements. It is important to view both the California Fire Code and the Gilroy amendments. Articles 74, 79 and 80 of the Fire Code regulates hazardous materials by hazard categories. For each hazard category there is a permit quantity threshold (amount at which a permit is required) and a storage threshold (amount at which special construction and controls are required). There are other Fire Code Articles that regulate specific hazardous materials or processes (vehicle fueling, dry cleaning, semiconductor manufacturing, LPG, to name a few). See the Permits web page section for a full listing.

CUPA Program Laws & Regulations
  • The Hazardous Waste Generator Program and Hazardous Waste Generator onsite Treatment activities authorized under the permit-by-rule, conditionally authorized, and conditionally exempt tiers. These are codified in Health and Safety Code Chapter 6.5 and regulations in the California Code of Regulations Division 4.5, Title 22.
  • The aboveground Storage Tank Program Spill Prevention Control and Countermeasures Plan requirements. Heath and Safety Code, Division 20, Chapter 6.67, Section 25270.5.
  • The Underground Storage Tank Program, Health and Safety Code, Division 20, Chapter 6.7, with accompanying regulations in the California Code of Regulations Title 23.
  • The Hazardous Materials Release Response Plans and Inventory (Business Plan ) program, Health and Safety Code, Division 20, Chapter 6.95, Article 1, with supplemental regulations in California Code of Regulations Title 19, Sections 2620-2732.
  • The Risk Management and Prevention Program (CAL-ARP), Health and Safety Code, Division 20, Chapter 6.95, Article 2.
  • The Hazardous Materials Management Plans and Hazardous Materials Inventory Requirements, California Code of Regulations, Title 24, Sections 80113, Part 9
All of these laws and regulations can be accessed from the EPA website.