§ 15.12

It is unlawful for any person, partnership, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, convert, demolish, equip, occupy or maintain any building or structure or cause or permit the same to be done without first obtaining a building permit as provided in this chapter. Notwithstanding the foregoing, no building permit fees shall be required for any construction, alteration, repair, or demolition of city-owned buildings.

(Code 1965, § 6-05.01.)

The building permit application shall be in writing or in digital format on a form provided by the city. Each permit application shall:

A.

Identify and describe the work to be covered by the permit for which application is made;

B.

Describe the land on which the proposed work is to be done by legal description, street address or such other description as will readily identify and locate the proposed building or parcel;

C.

Indicate the use or occupancy for which the proposed work is intended;

D.

Be accompanied by plans, diagrams, computations and specifications and such other data as required by section 15.12.040 of this chapter;

E.

State the accurate valuation of any new building or structure or any addition, remodeling or alteration to an existing building;

F.

Be signed by the applicant or his authorized agent. The city may require evidence of authority before accepting an application from an authorized agent;

G.

Give any other data or information as may be required by the city manager or his designee, at his discretion.

H.

Provide expressed authority in writing from a landlord (if applicable) to a tenant or leasing agent for permits to be obtained by a tenant or leasing agent to perform work on their property.

(Code 1965, § 6-05.02.)

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Each application for a building permit shall be accompanied by a permit fee to be prescribed from time to time by resolution of the city council. Failure to accompany the application with the permit fee shall render the application null and void for all purposes. The purpose of this fee is to help defray the cost of reviewing the application and the cost of enforcing this chapter.

(Code 1965, § 6-05.03.)

A fee will be charged for additional inspections of an item or items once it has been inspected and failed an inspection more than two times. The permit holder must pay for additional inspections at an hourly rate to be determined by City's adopted fee schedule.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

A.

Plans, engineering calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. Plans and specifications shall be drawn to scale on paper or cloth and shall be of

sufficient clarity to show the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all other applicable laws.

B.

The plans, computations and specifications should be prepared and designed by a duly licensed engineer or architect, except that the city manager or his designee may waive this requirement if he deems it unnecessary. The city manager or his designee may also waive the submission of any plans if the nature of the work applied for is such that reviewing of plans is unnecessary to obtain compliance with this chapter. A waiver shall be written, signed and entered in the files of the building department.

C.

Plans for buildings more than two stories in height of other than Groups R, Division 3 and U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained where a penetration will be made for electrical, mechanical, plumbing or communication conduits, pipes or similar systems.

(Code 1965, § 6-05.04.)

(Ord. No. 1555, § 5, 12-10-19)

Applicants will provide a Letter of Authorization when acting as an agent, contractor or tenant on behalf of the property owner. This document shall be signed and notarized and submitted to the City staff at the time of application.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

A.

The application, plans and specifications filed by the building permit applicant shall be reviewed by the Building Official or his designee when accompanied by the fee specified in section 15.12.030. The Building Official or his designee shall review the application, plans and specifications to verify compliance with this chapter and other applicable laws, provided that the permittee shall be totally liable for the construction being performed and shall assume total responsibility for compliance with this chapter and other applicable laws.

B.

When the Building Official or his designee determines that the application, plans and specifications meet the requirements of this chapter and other applicable laws, and when the fee specified in section 15.12.030 has been paid, he shall issue the building permit. The city manager's or his designee's determination shall be conclusive except as provided in Chapter 15.44 of this title.

(Code 1965, § 6-05.05.)

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

A.

The Building Official or his designee may, after written notice to the permittee, suspend or revoke any permit issued under this chapter whenever it appears that the application contained false, inaccurate or misleading information or when it appears that issuance of the permit was in violation of this chapter or any other ordinance or law in force in the city, including state law.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Editor's note— Ord. No. 1613, § 5 (Exh. A), adopted November 12, 2025, renumbered the former § 15.12.070 as § 15.12.060.

A.

The Building Official or his designee charged with enforcement of this chapter shall not render himself personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of his duties.

B.

This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the city or any agency thereof be held as assuming any such liability by reason of inspections or any certificates of inspection issued under this chapter.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Editor's note— Ord. No. 1613, § 5 (Exh. A), adopted November 12, 2025, renumbered the former § 15.12.080 as § 15.12.070.

Within fourteen days of the completion of any erection, construction, enlargement, alteration, repair, movement, conversion, demolition or equipping of any building or structure, the person having the required permit or who should have obtained the required permit shall remove from the premises and properly dispose of all debris, earth, rock, concrete, foundation, building materials or any other combustible or waste materials so that the premises shall be left in a well-graded and orderly condition.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Editor's note— Ord. No. 1613, § 5 (Exh. A), adopted November 12, 2025, renumbered the former § 15.12.090 as § 15.12.080.

In addition to the remedies provided in the Building Code, any condition caused or permitted to exist in violation of any provisions of this title or the codes adopted by reference therein, which present an immediate threat to public health or safety, shall be deemed a public nuisance, and may be summarily abated by the City.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Within fourteen days of the completion of any erection, construction, enlargement, alteration, repair, movement, conversion, demolition or equipping of any building or structure, the person having the required permit or who should have obtained the required permit shall remove from the premises and properly dispose of all debris, earth, rock, concrete, foundation, building materials or any other combustible or waste materials so that the premises shall be left in a well-graded and orderly condition.

(Code 1965, § 6-13.01.)

The purpose of the section is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, amending California Civil Code section 714 and California Government Code section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This section encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city and expanding the ability of property owners to install solar energy systems. This section allows the city to achieve these goals while protecting public health and safety.

A.

Definitions as used in this section.

"Solar energy system" means either of 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.

"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 all state and city health and safety standards.

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 defined by the city.

"Electronic submittal" means the utilization of electronic e-mail, facsimile, or submittal via the internet.

"Specific, adverse impact" means a significant, quantifiable, direct, 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.

"Reasonable Restrictions on a Solar Energy System" are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.

"Restrictions That Do Not Significantly Increase the Cost of the System or Decrease its Efficiency or Specified Performance" means:

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.

B.

Applicability. This chapter applies to the permitting of all small residential rooftop solar energy systems in the city.

C.

Effective Date, Maintenance. 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 rooftop energy system in such a way as to require new permitting.

D.

Historic Resources. A use permit and/or design review may be required for properties on the city's list of historic resources as deemed necessary by the community development director, prior to the installation of a solar system on a building classified as historic.

E.

Solar Energy System Requirements.

1.

All solar energy systems shall meet applicable state and city health and safety standards and requirements, including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, and California Fire Code, which are incorporated by reference into the Banning Municipal Code by sections 15.08.010 and 8.16.010. Solar energy systems for heating water in singlefamily 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.

2.

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.

F.

Applications and Documents.

1.

All documents required for the submission of an expedited solar energy system application shall be made available on the city's website. Electronic submittal of the required permit application and documents by e- mail, facsimile, or via the internet shall be made available to all small residential rooftop solar energy system permit applicants. An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

2.

The city's building and safety division shall adopt a standard plan(s) and checklist(s) of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

3.

The small residential rooftop solar system permit process, standard plan(s), and 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.

G.

Permit Review and Inspection Requirements.

1.

The director of the Banning Community Development Department shall implement an administrative, nondiscretionary review process for the building division to expedite approval of small residential rooftop solar energy systems. The building and safety division shall issue a building permit, the issuance of which is nondiscretionary, within one to three business days for electronic applications upon receipt of a complete application that meets the requirements of the approved checklist(s) and standard plan(s). The chief building official may require an applicant to apply for a conditional 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 pursuant to the appeal procedures in chapter 17.68 of the Banning Municipal Code.

2.

Review of the application shall be limited to the chief building official and his or her designee's review of whether the application meets local, state, and federal health and safety requirements, including the California Building Code, California Residential Code, California Electrical Code, California Mechanical Code, and California Fire Code, which are incorporated by reference into the Banning Municipal Code by sections 15.08.010 and 8.16.010.

3.

Conditions may be imposed on an application if the building official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. A condition may only be imposed on an application in order to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

4.

A feasible method to satisfactorily mitigate or avoid the specific, adverse impact 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 conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance.

5.

The city may deny an application if it makes written 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, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission in accordance with the procedures set forth in the Banning Municipal Code Chapter 17.68. For purposes of this section, "specific, adverse impact"

means a significant, quantifiable direct, and unavoidable impact, based on objective, identified, and written public health and safety standards, policies, or conditions as they existed on the date the application was deemed complete.

6.

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.

7.

Only one inspection shall be required and performed by the building and safety division for small residential rooftop solar energy systems eligible for expedited review under this section. A separate fire inspection may be performed if an agreement with Riverside County Fire does not exist to perform safety inspections on behalf of Riverside County Fire.

8.

The inspection shall be done in a timely manner and should include consolidated inspections.

9.

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized that need not conform to the requirements of Government Code 65850.5.

10.

The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

(Ord. No. 1490, § 2, 9-8-15)

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

15.12.110 - Electric Vehicle Charging Station Systems.

15.12.110.1. - Applicability and purpose.

This article applies to the permitting of all Electric Vehicle Charging Station systems in the City of Banning. The purpose of this article is to create an expedited, streamlined electric vehicle charging station permitting process that complies with AB 1236 (Chapter 598, Statutes 2015), to achieve timely and cost-effective installations of electric vehicle charging station systems. This article encourages the use of electric vehicle charging station systems by removing unreasonable barriers, minimizing costs to property and business owners, and expanding the ability of property and business owners to install electric vehicle charging station systems. This article allows the city to achieve these goals while protecting the public health and safety.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

15.12.110.2. - Definitions.

The definitions set forth below shall be applicable to the provisions in this article.

Building official: the city's designated authority charged with the administration and enforcement of this article.

Electronic submittal: the utilization of one or more of the following:

(1)

Email

(2)

The Internet

(3)

Facsimile.

Electric vehicle charging station system: means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and California Building Code 11B-228.3 for accessibility, as it reads on the effective date of this section and after, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

15.12.110.3. - Electric vehicle charging station system requirements.

A.

An electric vehicle charging station system, as defined in this article, shall be processed in accordance with the terms of this article.

B.

An electric vehicle charging station system shall meet applicable health and safety standards and requirements imposed by the State and the City, and local fire department or district.

C.

The building official shall adopt an administrative, nondiscretionary expedited review process for electric vehicle charging station systems, which shall include standard checklist(s). The checklist(s) shall set forth all requirements with which electric vehicle charging station systems must comply with to be eligible for expedited review.

D.

The electric vehicle charging station system permit process and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklists and standards contained in the most current version of the Plug-In Electric Vehicle Infrastructure Permitting Checklist of the Zero-Emission

Vehicles in California: Community Readiness Guidebook published by the Governor's Office of Planning and Research.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Prior to submitting an application, the applicant shall verify the electric vehicle charging station meets all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

15.12.110.5 - Electronic processing.

A.

All documents required for the submission of an expedited electric vehicle charging station system application shall be made available on a publicly accessible city website.

B.

Electronic submittal of the required permit application and documents by electronic means shall be made available to all electric vehicle charging station system permit applicants. The City's website shall specify the permitted method of electronic document submission.

C.

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

A.

An application that city staff determines satisfies the information requirements contained in the city's checklist(s) for expedited electric vehicle charging station system processing, including complete supporting documents, shall be deemed complete.

B.

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.

C.

After city staff deems an application complete, city staff shall review the application to determine whether the application meets applicable local and state codes and regulations.

D.

City staff shall issue a building permit or other nondiscretionary permit within a reasonable period of time after receipt of a complete application that meets the requirements of the approved checklist(s), standard plans and this article.

E.

The city shall not condition approval of an application on the approval of an association, as defined in Section 4080 of the Civil Code.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Legal construction documents are the sole property of the designer and applicant who created those documents respectively. They cannot be sold or transferred without authorized and notarized consent of the creators of those documents. The City of Banning cannot transfer or provide copies of documents unless notarized authorization is provided. In such a case in which the City will allow reproduction only a registered reprographics company shall remove and return proprietary documents to a City facility.

(Ord. No. 1613, § 5 (Exh. A), 11-12-25)

Chapter 15.16 - PERMIT APPEALS[[3]]

Footnotes:

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Prior ordinance history: Ord. No. 842.