Milpitas, CA Fire Regulations: Fireworks (2026)

Milpitas is a no-fireworks city. The Milpitas Fire Code (Title V, Chapter 300) adopts and amends the California Fire Code, and Section 5601.1.3 of the adopted Fire Code states that the possession, manufacture, storage, sale, handling, and use of fireworks are prohibited. This prohibition expressly extends to fireworks classified as 'Safe and Sane' by the California State Fire Marshal, so the bottle rockets, fountains, and sparkler-type items that are legal in some California cities are NOT legal in Milpitas. The Milpitas Police Department publicly confirms that all consumer fireworks are illegal within city limits. The narrow exceptions in the Fire Code are for professional/public fireworks displays operated by a licensed pyrotechnician under a permit (California Fire Code Section 5608), and for pyrotechnics used in film, television, or theatrical productions, plus limited authorized uses allowed under state law. These exceptions require advance permitting and a state license; they are not available to ordinary residents. California's underlying State Fireworks Law (Health and Safety Code Section 12500 and following) separately classifies most consumer fireworks as 'dangerous fireworks' that cannot be possessed without a state license. Because Milpitas bans even Safe and Sane items, residents cannot legally buy, store, or set off any consumer fireworks anywhere in the city.