Santa Ana Municipal Code § 8-2503 Assistants

The provisions of the solar energy code of the City of Santa Ana, hereinafter referred to as "this code," shall apply to all new construction, relocated buildings, and to any alterations, repairs, or reconstruction, except as provided for otherwise in this code.

(Ord. No. NS-1578, § 1, 5-4-81)

Whenever the term "administrative authority" is used in this code, it shall be construed to mean the building official of the city or his authorized representative.

(Ord. No. NS-1578, § 1, 5-4-81; Ord. No. NS-1814, § 2, 11-18-85)

Whenever the term "assistant" is used in this code, it shall be construed to mean the senior plumbing inspector, plumbing inspector, or other inspectors of the permit and inspection services department of the city.

(Ord. No. NS-1578, § 1, 5-4-81; Ord. No. NS-1814, § 3, 11-18-85)

The administrative authority is hereby authorized and directed to enforce the provisions of this code and amendments thereto.

(Ord. No. NS-1578, § 1, 5-4-81)

(a) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the administrative authority or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe as defined in this code, the administrative authority or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the administrative authority by this code, provided that if such building or premises be occupied, he shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the administrative authority or his authorized representative shall have recourse to every remedy provided by law to secure entry.

(b) No owner or occupant or any other person having charge, care, or control of any building or premises shall fail or neglect, after demand is made as herein provided, to properly permit entry therein by the administrative authority or his authorized representative for the purposes of inspection and examination pursuant to this code. Any person violating this subsection shall be guilty of a misdemeanor.

(Ord. No. NS-1578, § 1, 5-4-81)

(a) Any portion of a solar system found by the administrative authority to be insanitary and a hazard, as defined herein, is hereby declared to be a nuisance.

(b) Where a nuisance exists or a solar system is maintained in violation of this code or any notice issued pursuant to this section, the administrative authority shall require the nuisance or violation to be abated and, where necessary, shall seek such abatement in the manner provided by law. Every such order shall be in writing, addressed to the owner, agent, or person responsible for the premises in which such condition exists and shall specify the date or time for compliance with such order.

(c) Refusal, failure, or neglect to comply with any such notice or order shall be considered a violation of this code.

(d) When any solar system is maintained in violation of this code and in violation of any notice issued pursuant to the provisions of this section or where a nuisance exists in any building or on a lot on which a building is situated, the administrative authority shall institute any appropriate action or proceeding in any court of competent jurisdiction to prevent, restrain, correct, or abate the violation of nuisance.

(Ord. No. NS-1578, § 1, 5-4-81)

Any person violating any provision of the solar energy code shall be punished as provided in section 1-8 of the Santa Ana Municipal Code, and in addition, all procedures for the correction of illegal conditions shall apply.

Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided.

The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use which it authorized is lawful.

The issuance or granting of a permit or approval of plans shall not prevent the administrative authority from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error.

Every permit issued by the administrative authority under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be recommenced a new permit shall be first obtained to do so, and the fee therefor shall be one-half (½) the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one (1) year.

(Ord. No. NS-1578, § 1, 5-4-81)

(a) It shall be unlawful for any person to install, remove, alter, repair, or replace any solar system in a building or premises without first obtaining a permit to do such work from the administrative authority.

(b) No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his employ.

EXCEPTION: Replacement of any component part which does not alter its original approval and complies with other applicable requirements of this code shall not require a permit.

(Ord. No. NS-1578, § 1, 5-4-81)

Any person legally entitled to apply for and receive a permit shall make such application on forms provided for that purpose. He shall give a description of the character of the work proposed to be done, and the location, ownership, occupancy and use of the premises in connection therewith.

When required by the administrative authority for the enforcement of any provision of this code, plans, specifications, drawings or such information as deemed necessary shall be filed and approved before the issuance of any permit for the installation of any solar system.

Not less than two (2) sets of collected plans and specifications shall be filed before approval is given by the administrative authority.

When the plans and specifications do not comply with provisions of this code, the necessary changes or revisions shall be made thereto.

If the administrative authority determines that the plans, specifications, drawings, descriptions, or information furnished by the applicant are in compliance with this code, he shall issue the permit applied for upon payment of the required fee as hereinafter fixed.

After approval, one (1) set of plans shall be retained by the administrative authority and the other set shall be returned to the applicant, which set shall be kept at the job site of such building or work at all times during which the work authorized is in progress.

The approval of any plans or specifications shall not be construed to sanction any violation of this code.

No person shall deviate materially from any approved plans or specifications or fail, neglect, or refuse to comply therewith unless permission to do so has been obtained from the administrative authority.

(Ord. No. NS-1578, § 1, 5-4-81)

Every application for a permit to do work regulated by this code shall state in writing, on the application form provided for that purpose, the character of work proposed to be done and the amount and kind in connection therewith, together with such information, pertinent thereto, as may be required.

Such applicant shall pay for each permit, at the time of issuance, such fee as is established by resolution of the city council.

Any person who shall commence any work for which a permit is required by this code without first having obtained a permit therefor shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by this section for such work; provided, however, that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the administrative authority that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of the work. In all such cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged.

Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

(Ord. No. NS-1578, § 1, 5-4-81; Ord. No. NS-1814, § 4, 11-18-85; Ord. No. NS-2082, § 2, 9-17-90)

(a) Definitions. As used herein the following terms shall mean the following:

1. Electronic submittal shall mean the utilization of one or more of the following: e-mail, internet or facsimile.

2. Solar easement shall mean the right of receiving sunlight across real property of another for any solar energy system. Any instrument creating a solar easement shall include, at a minimum, all of the following:

(1) A description of the dimensions of the easement expressed in measurable terms, such as vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector, device, or structural design feature may not be obstructed, or a combination of these descriptions;

(2) The restrictions placed upon vegetation, structures, and other objects that would impair or obstruct the passage of sunlight through the easement; and,

(3) The terms or conditions, if any, under which the easement may be revised or terminated.

3. 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 for water heating.

(2) A structural design feature of a building, including either of the following:

(A) Any design feature 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) Any photovoltaic device or technology that is integrated into a building, including, but not limited to, photovoltaic windows, siding, and roofing shingles or tiles.

(b) Applicability. This chapter applies to the permitting of all solar energy systems. 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 solar energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(c) Eligibility.

1. The Building Department shall adopt a standard plan and checklist of all requirements which solar energy systems shall comply with to be eligible for expedited review.

2. The solar energy system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

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

i. Verify to the City's reasonable satisfaction through the use of standard engineering evaluation techniques that the support structure for the 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.

ii. At the applicant's cost, verify to the applicant's reasonable satisfaction 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.

(d) Review/Issuance Process.

1. An application that satisfies the information requirements in the checklist pursuant to Section (c)(2) above, 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.

2. 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.

3. City building permit approval does not authorize an applicant to connect the solar 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.

4. If the property is located within a historical district, is listed on any historic register or has entered into a Mills Act Agreement, the applicant shall schedule a consultation with the Planning Manager or his/her designee pertaining to the proposed work.

(e) Inspections.

1. For a solar energy system eligible for expedited review, only one inspection shall be required.

2. If a solar energy system fails inspection, a subsequent inspection is authorized; however, the subsequent inspection need not conform to the requirements of this subsection.

(Ord. No. NS-2884, § 3, 9-15-15; Ord. No. NS-2950, § 3, 6-19-18)

Editor's note— Ord. No. NS-2950, § 3, renamed § 8-2511 from "small residential rooftop solar energy system review process" to "solar energy system review process."