Milpitas, CA Fire Regulations: Fireworks (2026)

Chapter 300 of the Milpitas Municipal Code adopts the 2025 California Fire Code and locally amends Section 5601.1.3 to flatly prohibit fireworks activity within the City of Milpitas. The amendment specifically names "Safe and Sane" fireworks, the category the California State Fire Marshal classifies as legal for retail sale and personal use in many jurisdictions statewide, and bans them along with every other class of fireworks: possession, manufacture, storage, sale, handling, and use are all off-limits. The sole carve-out in the local amendment is for fireworks used in a permitted fireworks display under Fire Code Section 5608, which covers licensed public exhibitions such as a professionally operated show, not personal or retail use.

Because the prohibition sits inside the adopted Fire Code rather than a stand-alone chapter, it is administered by the Milpitas Fire Department's fire code official alongside the rest of Chapter 300's hazardous-materials and life-safety provisions, and the fire code official and designated fire department members carry peace-officer authority under Penal Code Section 830.37 to issue citations for fire-related code violations under Penal Code Section 836.5. The ban reaches the full life cycle of fireworks activity in the city rather than just discharge, meaning bringing consumer fireworks purchased outside Milpitas into the city for personal use, or storing them for later use, is covered by the same prohibition as selling or manufacturing them.