Chapter 14.34
SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM
Sections:
14.34.040 Solar energy system requirements.
14.34.050 Application requirements—Permit review—Inspection—Use permit.
14.34.010 Purpose.
The purpose of this chapter is to adopt a solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to implement California Government Code Section 65850.5 which provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. Section 65850.5 of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The chief building official is hereby authorized and directed to develop and adopt such checklist. This chapter encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners while expanding the ability of property owners to install solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety. (Ord. 1231 § 2 (part), 2015)
14.34.020 Applicability.
A. This chapter applies to the permitting of all small residential rooftop solar energy systems in the city.
B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of the ordinance codified in this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small residential rooftop solar energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit. (Ord. 1231 § 2 (part), 2015)
14.34.030 Definitions.
For purposes of this chapter, the following terms shall have the meaning set forth in this section:
A. “Building division” means the building division of the community development department of the city of Folsom.
B. “Chief building official” means the chief building official of the city of Folsom.
C. “Small residential rooftop solar energy system” means all of the following:
1. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.
2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and Section 714(c)(3) of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
3. A solar energy system that is installed on a single or duplex family dwelling.
4. A solar panel or module array that does not exceed the maximum legal building height as regulated by the city.
D. “Solar energy system” has the same meaning set forth in Sections 801.5(a)(1) and (2) of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time, and includes the following:
1. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.
2. Any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.
E. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Ord. 1231 § 2 (part), 2015)
14.34.040 Solar energy system requirements.
A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city.
B. Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.
C. Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (Ord. 1231 § 2 (part), 2015)
14.34.050 Application requirements—Permit review—Inspection—Use permit.
In conjunction with the implementation of an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems, all documents required for the submission of an expedited solar system application shall be available on the city website. A standard checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review shall be made available to the public. The small residential rooftop solar energy system permit process, checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor’s Office of Planning and Research.
A. An application shall be submitted on a standard building division form and shall include the information requirements in the checklist, as determined by the chief building official. Upon receipt of an incomplete application, the building division shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for permit issuance. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission. The city shall not condition approval of an application on the approval of an association, as defined in Civil Code Section 4080.
B. Electronic submittal of the required permit application and documents by email or facsimile is available to all small residential rooftop solar energy system permit applicants. However, the city is not required to accept electronic signature, in lieu of a wet signature, on application forms and other documents until the city obtains digital signature capability on all city forms.
C. Upon confirmation by the building division that the application and supporting documentation, including payment of applicable fees, is complete and meets the requirements of the checklist, the building division shall administratively approve the application and issue all required permits or authorizations. The building division shall issue a building permit or other nondiscretionary permit in a timely manner. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. Such approval does not authorize an applicant to connect the small residential rooftop solar energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
D. For a small residential rooftop solar energy system eligible for expedited review, only one inspection shall be required, which shall be conducted within two business days and may include a consolidated inspection by the building division and the fire department. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.
E. As provided in Government Code Section 65850.5(b), the chief building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission. Review of the application shall be limited to whether the application meets local, state, and federal health and safety requirements.
F. If a use permit is required, the city may deny an application for the use permit if the city makes findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined below, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact.
G. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact,” as provided in Government Code Section 65850.5(j)(1), includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the following conditions:
1. For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.
2. For photovoltaic systems: an amount not to exceed one thousand dollars over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed. (Ord. 1231 § 2 (part), 2015)
14.34.060 Fees.
The city council may establish, by resolution, a fee for the permitting of small residential rooftop solar energy systems consistent with Government Code Sections 65850.55, 66015 and 66016 and Health and Safety Code Section 17951. (Ord. 1231 § 2 (part), 2015)