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Fremont, CA Fire Regulations: Propane Storage (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Governing section
FMC § 8.35.080(d)
Residential LPG cap
20 gallons per container
Exempt uses
Space heating, ovens, furnaces only
Above the cap
Hazardous materials permit required
Enforcing officer
City manager or designee
Related code
Uniform Fire Code applies concurrently

Summary

Fremont's hazardous materials management chapter exempts residential propane from its permit system only up to 20 gallons per container. Municipal Code Section 8.35.080(d) excludes liquefied petroleum gas used solely for on-site residential space heating, ovens or furnaces in place of natural gas, as long as the total LPG quantity does not exceed that 20-gallon-per-container cap. Larger tanks or other uses trigger the chapter's full permit requirements.

This chapter does not apply to the following materials: ... (d) Liquefied petroleum gas. When used solely for on-site residential space heating, ovens or furnaces in lieu of natural gas or nonresidential uses where the total quantity of LPG does not exceed 20 gallons per container.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).

Full Breakdown

The 20-gallon-per-container cap sits inside Section 8.35.080's list of materials excluded from the hazardous materials management chapter altogether. Section 8.35.030(a) requires anyone who handles a material regulated under Section 8.35.070, which sweeps in compressed gases such as propane, to obtain and keep current a hazardous materials management permit from the city, so a homeowner storing LPG below the 20-gallon threshold for space heating, an oven or a furnace in place of natural gas never enters that permit system. The same 20-gallon cap also excuses nonresidential LPG use of that quantity or less. Anyone storing propane above 20 gallons per container, or using it for a purpose other than space heating, ovens or furnaces, loses the exclusion and must obtain the permit and comply with the containment, monitoring and handling standards in Article III of the chapter, including product-tight primary containment and, where required, secondary containment with leak monitoring.

Section 8.35.010 frames the chapter's purpose as protecting health, life, the environment, resources and property, with the city acting as its own local administering agency alongside the state's underground storage tank law and hazardous materials law, and it directs that the chapter be read together with the Uniform Fire, Plumbing, Mechanical, Electrical and Building Codes the city has adopted, with the more stringent requirement controlling if they conflict. Section 8.35.020 separately bars anyone, including a public agency, from managing hazardous materials in a way that causes or risks an unauthorized discharge or an unreasonable risk to the community, regardless of the 20-gallon exclusion. The city manager, or another officer the city manager designates under Section 8.35.060, administers and enforces the chapter.

Violations & Fines

Storing or using LPG for residential space heating beyond the 20-gallon-per-container exclusion without the Section 8.35.030 hazardous materials management permit exposes the property to enforcement under Chapter 8.35 by the city manager's designee, including permit denial or revocation and the citywide administrative citation penalties of up to $100, $200 and $500 for first, second and third violations of the same section within a year.

Frequently Asked Questions

How much propane can I store at my Fremont home without a permit?
Up to 20 gallons per container. Section 8.35.080(d) excludes liquefied petroleum gas from the city's hazardous materials management chapter entirely when it is used solely for on-site residential space heating, ovens or furnaces in place of natural gas and the total LPG quantity does not exceed 20 gallons per container.
What if I want a larger propane tank for my house?
Once you exceed 20 gallons per container, the exclusion in Section 8.35.080(d) no longer applies, and Section 8.35.030(a) requires a hazardous materials management permit from the city, along with compliance with the containment and monitoring standards in Article III of Chapter 8.35.
Does the propane exclusion cover a home barbecue or portable heater tank too?
The exclusion's text is limited to LPG 'used solely for on-site residential space heating, ovens or furnaces in lieu of natural gas,' so it is written around whole-house heating equipment rather than portable appliances. Any use outside that description, or a total quantity above 20 gallons, falls back under the chapter's general permit requirement in Section 8.35.030.

Sources & Official References

Other rules in Fremont

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