Brisbane Municipal Code Ch. 15.82 Small Residential Rooftop Solar Energy Systems

The building official or his/her designee shall have the authority to enforce the provisions of this chapter.

(Ord. No. 596, § 1, 7-16-15)

The purpose of this chapter is to provide a streamlined permitting and inspection process for small residential rooftop solar energy systems in compliance with state law. The provisions of this chapter allow the city of Brisbane to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and to expand the ability of property owners to install solar energy systems while simultaneously protecting the public health and safety.

(Ord. No. 596, § 1, 7-16-15)

A. This chapter applies to the permitting of all small residential rooftop solar energy systems in the city of Brisbane, as those terms are defined in this chapter.

B. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of 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. Routine operation and maintenance shall not require a permit.

(Ord. No. 596, § 1, 7-16-15)

For the purposes of this chapter, the following definitions shall apply:

A. "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.

B. A "small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than ten (10) kilowatts alternating current nameplate rating or thirty (30) kilowatts thermal.

2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes and all health and safety standards as adopted or amended by the city.

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 of the applicable zoning district, as defined in Title 17, Zoning.

C. An "association" means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

D. A "common interest development" means any of the following:

1. A community apartment project.

2. A condominium project.

3. A planned development.

4. A stock cooperative.

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.

F. "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.

G. "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 (10) percent of the cost of the system, but in no case more than one thousand dollars ($1,000.00), or decreasing the efficiency of the solar energy system by an amount exceeding ten (10) percent, as originally specified and proposed.

2. For Photovoltaic Systems. An amount not to exceed one thousand dollars ($1,000.00) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten (10) percent as originally specified and proposed.

(Ord. No. 596, § 1, 7-16-15)

A. All solar energy systems shall meet applicable health and safety standards and requirements adopted by 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. No. 596, § 1, 7-16-15)

A. Approval of Permit.

1. The building official shall issue a building permit upon receipt of an application that meets the requirements established by Section 15.82.080 of this title. The building official's review shall be limited to whether the application meets city, state, and federal health and safety requirements in accordance with the solar permit streamlining policy on file with the community development department.

2. 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.

3. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. To the extent feasible, the condition or mitigation will not significantly increase the cost of the system or decrease its efficiency or specified performance.

4. Approval of an application shall not be subject to the approval of an association.

B. Inspection Required.

1. Only one inspection shall be required and performed by the city. A separate fire inspection may be performed by the North County Fire Authority, as determined necessary by the building official.

2. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter. Subsequent inspections shall conform to the procedures established in Chapter 15.16 of this title.

3. Inspections of small residential rooftop solar energy systems shall be made in conformance with the solar streamlining policy on file with the community development department.

(Ord. No. 596, § 1, 7-16-15)

A. The building official may require an applicant to apply for a use permit under Title 17 of the municipal code if the official finds, based on substantial evidence, that the small residential rooftop solar energy system would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the adverse impact.

B. The decision of the building official may be appealed by the applicant to the planning commission in accordance with the procedures set forth in Title 17, except that the appeal shall be filed within seven (7) calendar days after the date on which the decision is rendered.

(Ord. No. 596, § 1, 7-16-15)

Plans or specifications for the installation of small residential rooftop solar energy systems shall conform to the requirements of the solar permit streamlining policy on file with the community development department.

(Ord. No. 596, § 1, 7-16-15)