Butte County Municipal Code Art. VII Small Residential Rooftop Solar Energy Systems

The following findings are hereby made:

a. Subdivision (a) of Section 65850.5 of the California Government Code provides that it is the policy of the state to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems; and

b. Subdivision (g)(1) of Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section 65850.5, that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems.

(Ord. No. 4099, § 1, 9-15-15)

The following words and phrases, whenever used in this article, shall be construed as hereafter set out, unless it shall be apparent from the context that they have a different meaning:

a. "Electronic submittal" means the utilization of one (1) or more of the following:

1. Email,

2. The Internet,

3. Facsimile.

b. "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 as adopted or amended by the county and paragraph (3) of subdivision (c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time, and to all state and County health and safety standards, and to 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.

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 authority having jurisdiction.

c. "Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

(Ord. No. 4099, § 1, 9-15-15)

A building permit is required to install a small residential rooftop solar energy system. An application for a building permit to install a small residential rooftop solar energy system shall be processed in accordance with Section 65850.5 of the Government Code.

(Ord. No. 4099, § 1, 9-15-15)

a. The county is adopting the ordinance from which this article is derived in order to create an expedited, streamlined permitting process for small residential rooftop solar energy systems.

b. To facilitate an expedited permitting process, the building official is hereby authorized and directed to develop and adopt a checklist and specification of structural criteria stating all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

c. The checklist and structural criteria shall be published on the County's internet website. The applicant may submit the permit application and associated documentation to the county's building division by personal, mailed, or electronic submittal together with any required permit processing and inspection fees. 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.

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

1. Verify 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 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.

e. For a small residential rooftop solar energy system eligible for expedited review, only one (1) inspection shall be required, which shall be done in a timely manner by the building official. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

f. An application that satisfies the requirements in the checklist, as determined by the building official, shall be deemed complete. Upon receipt of an incomplete application, the building official shall issue a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

g. Upon confirmation by the building official of the application and supporting documentation being complete and meeting the requirements of the checklist, the building official shall administratively approve the application and issue all required permits or authorizations. Such approval does not authorize an applicant to connect the small residential rooftop 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.

(Ord. No. 4099, § 1, 9-15-15)