Porterville Municipal Code Art. V Residential Rooftop Solar Energy Systems

ASSOCIATION: A nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

COMMON INTEREST DEVELOPMENT: Any of the following:

A. A community apartment project;

B. A condominium project;

C. A planned development;

D. A stock cooperative.

ELECTRONIC SUBMITTAL: The utilization of one or more of the following approved methods:

A. E-mail;

B. Facsimile;

C. The internet.

REASONABLE RESTRICTIONS (On A Solar Energy System): Those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allows for an alternative system or 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: A. For water systems or solar swimming pool heating systems: An amount exceeding ten percent (10%) 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 percent (10%), as originally specified and proposed.

B. 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 percent (10%) as originally specified and proposed.

SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM: All of the following:

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

B. 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 all state and city, health and safety standards.

C. A solar energy system that is installed on a single- or duplex-family dwelling.

D. A solar panel or module array that does not exceed the maximum legal building height as defined by the city.

SOLAR ENERGY SYSTEM: Either of the following:

A. 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.

B. 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: 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. (Ord. 1829, 11-17-2015)

The purpose of this article is to adopt an expedited, streamlined solar permitting process that complies with state law and provides for timely and cost effective installation of small residential rooftop solar energy systems. This article encourages the use of solar energy systems by removing unreasonable barriers and minimizing costs to property owners and the city to install solar energy systems. This article allows the city to achieve these goals while protecting the public health and safety. (Ord. 1829, 11-17-2015)

This article applies to the permitting of all small residential rooftop solar energy systems in the city. Small residential rooftop solar energy systems legally established or permitted prior to the effective date hereof are not subject to the requirements of this article 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. (Ord. 1829, 11-17-2015)

A. All solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the city of Porterville.

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 codes.

C. Solar energy systems for producing electricity shall meet all applicable codes, 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. 1829, 11-17-2015)

A. All documents required by the city to be completed for the submission of an expedited solar energy system application shall be made available on the publicly accessible city of Porterville website.

B. Electronic submittal of the required permit applications and documents by e-mail, the internet, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

An applicant's electronic signature shall be accepted on all forms, applications, and other documents submitted for permit in lieu of a wet signature. Safety and performance standards established by the California electrical code shall provide an electronic "notarized" copy of proof of ownership of said property and the contractor utilized by the applicant shall provide proof of current contractor's license and insurance.

Applicants are required to appear in person at the time of permit issuance. Permits will not be issued electronically and shall be available for issuance each business day during regular hours of operation.

C. The city of Porterville engineering and building division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply in order to be eligible for expedited review. This standard plan and checklist will be updated and reviewed periodically by the engineering and building division and revised if necessary to comply with all applicable requirements.

D. The small residential rooftop solar energy system permit process, standard plan(s), and checklist(s) shall conform to the most current state codes.

E. All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code sections 65850.55, 66015, 66016, and state Health And Safety Code section 17951. (Ord. 1829, 11-17-2015)

A. The city of Porterville engineering and building division shall adopt an administrative, nondiscretionary review process to expedite approval of small residential rooftop solar energy systems within thirty (30) days of the adoption hereof. The engineering and building division shall issue a building permit or other nondiscretionary permit the same day for over the counter application or within one to three (3) business days for electronic application of receipt of a complete application that meets the requirements of the approved administrative process and standard plan. The building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the city of Porterville building appeals board.

B. 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.

C. If a use permit is required, the building official may deny the application for the use permit if the official makes written findings upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the city of Porterville building appeals board.

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.

E. "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 on another similarly situated application in a prior successful application for a permit. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of state law, including, but not limited to, 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.

F. The city shall not condition approval of an application on the approval of an association, meaning a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development, as the term "association" is defined in section 4080 of the Civil Code.

G. 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, or given to, the applicant for resubmission.

H. Only one inspection shall be required and performed by the engineering and building division for small residential rooftop solar energy systems eligible for expedited review. The city of Porterville engineering and building division has the authority/responsibility to perform safety inspections regarding ingress and egress on roof clearances regarding solar panels at rooftops and at leading edges. The engineering and building division will also inspect for proper flashing installation requirements, installation of smoke alarm(s) and carbon monoxide detectors, and that the requirements of SB 407 for the replacement of noncompliant plumbing fixtures are being met.

I. The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two (2) business days of a request being received and shall be assigned a two (2) hour inspection window.

J. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is required and, henceforth, shall be held to the same requirements as all inspections outside of the purview of this article. (Ord. 1829, 11-17-2015)