Chapter 7D4 — SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REVIEW PROCESS

Sec. 7D4-1. - Title and authority.

This chapter is and may be cited as the "The Small Residential Rooftop Solar Energy System Review Process." The chapter is enacted pursuant to Government Code section 65850.5 as amended by AB 2188.

(Ord. No. 6127, § II, 8-11-2015)

Sec. 7D4-2. - Purpose.

The purpose of this chapter is to create an expedited, streamlined solar permitting process that complies with the Solar Rights Act to achieve timely and cost- effective installations of small residential rooftop solar energy systems. The intent of this chapter is to encourage the use of solar systems by creating a streamlined, expedited permitting process. This chapter allows the county to achieve these goals while protecting the public health and safety.

(Ord. No. 6127, § II, 8-11-2015)

Sec. 7D4-3. - Applicability.

This chapter applies to the permitting of small residential rooftop solar energy systems in the unincorporated territory of the county of Sonoma.

Small residential rooftop 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 small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like, in-kind replacements shall not require a permit.

(Ord. No. 6127, § II, 8-11-2015)

Sec. 7D4-4. - Definitions.

The following words and phrases as used in this chapter are defined as follows:

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

Email;

The Internet; or

Facsimile.

"Small residential rooftop solar energy system" means all of the following:

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

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 (iii) 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.

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

A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.

"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.

"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.

(Ord. No. 6127, § II, 8-11-2015)

Sec. 7D4-5. - Solar energy system requirements.

A.

All small residential rooftop solar energy systems shall meet applicable health and safety standards and requirements imposed by the state and the county and local fire districts.

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.

Small residential rooftop 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 Electronic Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(Ord. No. 6127, § II, 8-11-2015)

Sec. 7D4-6. - Application standards.

A.

Electronic submittal of the required permit application and supporting documents shall be made available for all small residential rooftop solar energy system permit applications.

B.

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

C.

The county 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.

D.

The small residential rooftop solar system permit process, standard plan(s), and checklist 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.

E.

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

(Ord. No. 6127, § II, 8-11-2015)

Sec. 7D4-7. - Permit review and inspection requirements.

A.

No later than September 30, 2015, the Chief Building Official of Sonoma County or his/her designee shall develop an expedited permitting process, and shall adopt a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review. The process and checklist shall substantially conform to the California Solar Permitting Guidebook.

B.

The checklist shall be published on the county's internet website. The applicant may submit the permit application and associated documentation to the permit and resource management department 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.

C.

Prior to submitting an application, the applicant shall:

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

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.

D.

An application that satisfies the information 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.

E.

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.

The building official may withhold issuance if there is a violation on record for the structure under review.

The county shall not withhold issuance based on the approval of an association, as defined in Section 4080 of the Civil Code.

Permits issues pursuant to this chapter shall not require clearance as to zoning considerations per Chapters 26 or 26C of this code unless specific adverse impacts are identified by the building official. Such decision, if made may be appealed pursuant to Sections 26-92-040 or 26C-331 of the Sonoma County Code.

F.

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. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized.

(Ord. No. 6127, § II, 8-11-2015)