Brea Municipal Code Ch. 14.04 Small Residential Rooftop Solar Energy Systems

A. In amending the Solar Rights Act, Cal. Gov’t Code § 65850.5, the State Legislature has found that:

1. In recent years, the state has both encouraged the development of innovative distributed generation technology and prioritized the widespread adoption of solar power as a renewable energy resource through programs such as the California Solar Initiative.

2. Rooftop solar energy is a leading renewable energy technology that will help this state reach its energy and environmental goals.

3. To reach the state's Million Solar Roofs goal, hundreds of thousands of additional rooftop solar energy systems will need to be deployed in the coming years.

4. Various studies, including one by the Lawrence Berkeley National Laboratory, show that, despite the 1978 California Solar Rights Act, declaring that the “implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal affair ... but is instead a matter of statewide concern,” the permitting process governing the installation of rooftop solar energy systems varies widely across jurisdictions and, contrary to the intent of the law, is both an “obstacle” to the state's clean energy and greenhouse reduction goals and a “burdensome cost” to homeowners, businesses, schools, and public agencies.

5. The United States Department of Energy, through its Sun Shot Initiative, has distributed millions of dollars in grants to local and state governments, including California jurisdictions, and nonprofit organizations to reduce the costs of distributed solar through streamlined and standardized permitting.

6. A modernized and standardized permitting process for installations of small-scale solar distributed generation technology on residential rooftops will increase the deployment of solar distributed generation, help to expand access to lower income households, provide solar customers greater installation ease, improve the state's ability to reach its clean energy goals, and generate much needed jobs in the state, all while maintaining safety standards.

B. Based on the foregoing, the City Council hereby finds as follows:

1. Residential rooftop solar and energy efficiency systems are a valuable renewable energy source enhancing the state's clean energy and greenhouse reduction goals.

2. The city, as the local building permit regulator, in enacting this chapter is implementing a streamlined solar energy permitting process within its jurisdiction.

3. Consistent with these findings, the purpose of this chapter is to codify and implement the city's streamline permitting process in compliance with Cal. Gov’t Code § 65850.5.

(Ord. 1178, 9-15-2015)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Electronic submittal."

The utilization of one or more of the following:

Email;

Internet; or

Fax.

"Small residential rooftop solar energy system."

All of the following:

A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; and

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 Cal. Civil Code § 714(c)(3); and

A solar energy system that is installed on a single or duplex family dwelling; and

A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

"Solar energy system."

Has the same meaning set forth in Cal. Civil Code § 801.5(a)(1) and (2), as such section or subdivision may be amended, renumbered, or redesignated from time to time.

(Ord. 1178, 9-15-2015)

A. Prior to installing small residential rooftop solar energy system, a residential solar installation application shall be submitted to the city's Building Division for review and approval. The application shall contain all information and supporting documentation required by the provisions of the most recent California Solar Permitting Guidebook checklist, or a similar checklist deemed equal by the Building Official for small rooftop solar energy systems (“checklist”).

B. The applicant may submit the permit application and supporting documentation to the city's Building Division by personal, mailed, or electronic submittal, together with any required permit processing and inspection fee as may be established by resolution of the City Council. In the case of electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature.

C. Prior to submitting an application, the applicant shall:

1. Verify to the applicant's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the small residential rooftop solar energy system is stable and adequate to transfer all wind, seismic, and dead and live loads associated with the system to the building foundation; and

2. At the applicant's cost, verify to the applicant's reasonable satisfaction using standard electrical inspection techniques that the existing electrical system including existing line, load, ground and bonding wiring as well as main panel and subpanel sizes are adequately sized, based on the existing electrical system's current use, to carry all new photovoltaic electrical loads.

3. Verify all applicable standards are consistent with the provisions contained in the California Solar Permitting Guidebook as adopted by the Governor's Office of Planning and Research.

D. At time of submittal the city shall review the application and shall:

1. Confirm the application, and supporting documents are complete and meet the requirements of the checklist, and that the system is consistent with this chapter. Upon confirmation, the city shall approve the application and issue all required permits or authorizations.

2. Upon receipt of an incomplete application, the city shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

E. For a small residential rooftop solar energy system meeting the requirements of this chapter, only one inspection shall be required, which shall be done in a timely manner and may include a consolidated inspection by the Building Official and Fire Chief. If a small residential rooftop solar energy system fails inspection, a subsequent inspection at the applicant's expense may be conducted.

(Ord. 1178, 9-15-2015)

A. A small residential rooftop solar energy system shall meet all applicable health and safety standards and requirements imposed by state and local permitting authorities.

B. Solar energy systems for heating water in single family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the California Plumbing and Mechanical Codes.

C. A small residential rooftop solar energy system 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. 1178, 9-15-2015)