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HomeMy WebLinkAboutOrd 06-15 Residential Rooftop Solar Systems ORDINANCE NO. 6 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************** ADDING CHAPTER 7.96 TO THE DUBLIN MUNICIPAL CODE TO PROVIDE AN EXPEDITED, STREAMLINED PERMITTING PROCEDURE FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS WHEREAS, the City Council recognizes the importance of "green technology"; and, WHEREAS, the City Council wishes to continue promoting green building and alternative energy measures; and WHEREAS, it is the policy of the State of California to promote and encourage the installation and use of solar energy systems by limiting obstacles to their use and by minimizing the permitting costs of such systems; and WHEREAS, California Government Code section 65850.5 requires that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. WHEREAS, the City Council seeks to implement Government Code section 65850.5 by creating an expedited, streamlined permitting process for small residential rooftop solar energy systems. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 7.96, "Streamlined Permitting Process for Small Residential Rooftop Solar Systems," is hereby added to the Dublin Municipal Code to read in its entirety as follows: CHAPTER 7.96 STREAMLINED PERMITTING PROCESS FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS 7.96.010 Purpose The purpose of the chapter is to provide an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, CA Government Code Section 65850.5) in order to achieve timely and cost-effective installations of small residential rooftop solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety. 7.96.020 Definitions For the purpose of this Chapter, the following terms shall have the following definitions: "Electronic submittal" means the utilization of e-mail or such other electronic submittal process as approved by the Building Official. Page 1 of 5 "Reasonable restrictions on a solar energy system" means 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. "Significantly increase the cost of the system or significantly decrease its efficiency of specified performance" means: A. For Water Heater Systems or Solar Swimming Pool Heating Systems: an increase in the cost of the system as, originally proposed, exceeding the lesser of ten percent (10%) or one thousand dollars ($1,000), or a decrease in the efficiency of the solar energy system, as originally proposed, exceeding ten percent (10%). B. For Photovoltaic Systems: an increase in the cost of the system as originally proposed exceeding one thousand dollars ($1,000), or a decrease in the efficiency of the solar energy system, as originally proposed, exceeding ten percent (10%). "Small residential rooftop solar energy system" means a system that satisfies all of the following requirements: A, A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 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 two 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 means 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. 7.96.030 Application A. This chapter applies to the permitting of all small residential rooftop solar energy systems in the City. B. 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 shall not require a permit. Page 2 of 5 7.96.040 Solar Energy System Requirements A. All solar energy systems shall meet-applicable health and safety standards and requirements imposed by the state and the City. 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 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. 7.96.050 Applications and Documents A. All documents required for the submission of an expedited solar energy system application shall be made available on the City website. B. Electronic submittal of the required permit application and documents shall be made available to all small residential rooftop solar energy system permit applicants. C. The City's Building and Safety Division shall maintain 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(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. 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 7.96.060 Applicant Verification Prior to submitting an application, the applicant shall: A. Verify to the applicant's reasonable satisfaction 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 B. 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. Page3of5 7.96.070 Permit Review and Inspection Requirements A. The Building and Safety Division shall give an application for a small residential rooftop solar energy system, meeting the requirements of the checklist, priority review. B. 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. C. When an applicant uses electronic submittal, the electronic signature of the applicant on all forms, applications and other documentation may be used in lieu of a wet signature. D. 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. E. 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. F. 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, G. Only one inspection shall be required and performed by the Building and Safety Division for small residential rooftop solar energy systems eligible for expedited review. Once an applicant informs the Building and Safety Division that such a solar energy system has been installed, the Building and Safety Division shall complete the inspection as soon as practical. H. If a small residential rooftop solar energy system fails the inspection, a reinspection fee shall be charged and a subsequent inspection is authorized. I. The inspection shall be done in a timely manner and shall include consolidated inspections. However, a subsequent inspection, if required, need not conform to the requirements of this subdivision. SECTION 2. Savings Clause. All code provisions, ordinances, and parts of ordinances in conflict with the provisions of this chapter are repealed. The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter shall be construed as restatements and continuations thereof and not as new enactments. With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken, prior to the effective date of this ordinance, under any chapter, ordinance, or part of an ordinance shall be deemed to remain in full force for the purpose of sustaining any proper suit, action, or other proceedings, with respect to any such violations, right, liability or appeals. Page4of5 SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this ordinance, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. SECTION 4. Effective date and posting of Ordinance. This ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. This ordinance shall be published in accordance with the provisions of Government Code Section 36933. PASSED, APPROVED AND ADOTPTED this 18th day of August, 2015, by the following vote: AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and Mayor Haubert NOES: None ABSENT: None ABSTAIN: None A 3 6;"t) .iit-gk ayor ATTEST: City Clerk Ord. No. 6-15,Adopted 8-18-15, !tern 4.5 Page 5 of 5