Chapter 2.5 — SOLAR ENERGY SYSTEMS

The purpose of these regulations is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. (Added by Ord. 15-1344, adopted 8-25-15)

These regulations shall apply to all small residential rooftop solar energy systems in the City of Downey. However, 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. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Added by Ord. 15-1344, adopted 8-25-15)

For the purposes of this chapter, certain terms used are herewith defined and shall be construed as defined in this section, unless otherwise expressly stated or the context clearly indicates a different intention. Words and phrases used in this chapter that are not specifically defined shall be construed according to the context and approved usage of the language, and as ultimately determined by the Building Official.

Words used in the present tense shall include the future and the future tense shall include the present; words in the singular number shall include the plural number and words in the plural number shall include the singular number. Words indicating one gender include the other gender. The words "shall" and "will" are always mandatory. The words "may" and "can" are permissive.

"Electronic submittal" shall mean the utilization of one or more of the following to submittal an application for a small residential rooftop solar energy system:

• (1) Email;

• (2) Internet;

• (3) Facsimile.

"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 10% of the cost of the system, but in no case more than $1,000, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed.

• (2) For photovoltaic systems: an amount not to exceed $1,000 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed.

"Small residential rooftop solar energy system" shall mean a solar energy system that complies with all of the following:

• (1) The solar energy system is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal; and

• (2) Conforms to all applicable fire, structural, electrical, plumbing, health, and other building codes as adopted by the City of Downey; and

• (3)

  • Is installed on a single-or duplex-family dwelling; and

• (4) No solar panels or module arrays exceed the maximum allowable building height as defined in Article IX of the City of Downey Municipal Code.

"Solar energy system" shall mean 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.

"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. (Added by Ord. 15-1344, adopted 8-25-15)

• (a) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State of California, County of Los Angeles, and City of Downey.

• (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.

• (d) The Building Official shall prepare a standard plan and submittal requirement checklist for small residential rooftop solar energy systems. Additionally, the Building Official shall prepare a submittal requirement checklist for all non-small residential rooftop solar energy systems. The standard plan and checklists shall be available to the public at the Building and Safety counter during normal business hours and on the City's website.

• (e) Applications for small residential rooftop solar energy system permit may be done through electronic submittal.

• (f) Electronic signature shall be deemed acceptable on all forms, applications, and other documents in lieu of a wet signature.

(Added by Ord. 15-1344, adopted 8-25-15)

• (a) For small residential rooftop solar energy systems, the Building and Safety Division shall create an expedited review process. The expedited review shall include over-the-counter plan check for all applications submitted in person during normal counter plan check hours. For small residential rooftop solar energy systems submitted outside of normal plan check hours or submitted electronically, plan check shall be completed within three business days.

• (b) Review of the application shall be limited to the Building Official's review of whether the application meets local, State, and Federal regulations. Except, in the case where a new structure is being proposed to support solar energy system, in which case the Building Official shall have the plans reviewed by all other applicable departments for compliance with the Municipal Code.

• (c) Upon completion of the plan check, the Building Official shall either issue a building permit or provide a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

• (d) Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. "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 of Downey on another similarly situated application in a prior successful application for a permit. The City of Downey 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.

• (e) Only one inspection shall be required and performed by the Building and Safety Division for small residential rooftop solar energy systems that are eligible for expedited review. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to these regulations.

• (Added by Ord. 15-1344, adopted 8-25-15)