Mariposa County Municipal Code § 15.13 Buildings And Construction

The purpose of the ordinance 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. The ordinance encourages the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the county, and expanding the ability of property owners to install solar energy systems. The ordinance allows the county to achieve these goals while protecting the public health and safety.

HISTORY

Adopted by Ord. 1111 Sec. I on 8/11/2015 15.13.030 Applicability

1. This ordinance applies to the permitting of all small residential rooftop solar energy systems in the county.

2. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this ordinance are not subject to the requirements of this ordinance 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 likekind replacements shall not require a permit.

HISTORY

Adopted by Ord. 1111 Sec. I on 8/11/2015 15.13.040 Solar Energy System Requirements

1. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the county, local fire department or district.

2. 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.

3. 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.

HISTORY

Adopted by Ord. 1111 Sec. I on 8/11/2015

1. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible county website.

2. Electronic submittal of the required permit application and documents by email or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

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

4. The county’s building department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review.

5. 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.

6. All fees prescribed for the permitting of small residential rooftop solar energy system must comply with Government Code section 65850.55, Government Code section 66015, Government Code section 66016, and State Health and Safety Code section 17951.

HISTORY

Adopted by Ord. 1111 Sec. I on 8/11/2015 15.13.060 Permit Review And Inspection Requirements

1. The county building department shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within 30 days of the adoption on this ordinance. The building department shall issue a building permit or other nondiscretionary permit within 3 business days of receipt of a complete application and meets the requirements of the approved checklist and standard plan.

2. Review of the application shall be limited to the building official’s review of whether the application meets local, state, and federal health and safety requirements.

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.

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 county on another similarly situated application in a prior successful application for a permit. The county 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. A city, county, or city and county shall not condition approval of an application on the approval of an association, as defined in section 4080 of the Civil Code.

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 department for small residential rooftop solar energy systems eligible for expedited review.

8. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within five (5) business days of a request and provide an approximate two(2) hour inspection window.

9. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this ordinance.

HISTORY

Adopted by Ord. 1111 Sec. I on 8/11/2015