HomeMy WebLinkAbout4099 1 Ordinance No. 4099
2 AN ORDINANCE ADDING ARTICLE VII , ENTITLED "SMALL RESIDENTIAL
ROOFTOP SOLAR ENERGY SYSTEMS, " TO CHAPTER 26, ENTITLED
3 "BUILDINGS, " OF THE BUTTE COUNTY CODE
4 The Board of Supervisors of the County of Butte ordains as
5 follows :
6 Section 1 . Article VII of Chapter 26 of the Butte County
7 Code is hereby added to read as follows:
8 ARTICLE VII SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS
9 26-100 Findings .
10 The following findings are hereby made:
11 a. Subdivision (a) of Section 65850 . 5 of the California
12 Government Code provides that it is the policy of the State
13 to promote and encourage the installation and use of solar
14 energy systems by limiting obstacles to their use and by
15 minimizing the permitting costs of such systems; and
16 b. Subdivision (g) (1) of Section 65850 . 5 of the California
17 Government Code provides that, on or before September 30,
18 2015, every city, county, or city and county shall adopt an
19 ordinance, consistent with the goals and intent of
20 subdivision (a) of Section 65850 . 5, that creates an
21 expedited, streamlined permitting process for small
22 residential rooftop solar energy systems .
23 26-101 Definitions .
24 The following words and phrases, whenever used in this article,
25 shall be construed as hereafter set out, unless it shall be
26 apparent from the context that they have a different meaning:
27 a. "Electronic submittal" means the utilization of one or
28 more of the following:
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1 1 . Email,
2 2 . The Internet,
3 3 . Facsimile.
4 b. "Small residential rooftop solar energy system"
5 means ail of the following:
6 1 . A solar energy system that is no larger than 10
7 kilowatts alternating current nameplate rating or 30
8 kilowatts thermal .
9 2 . A solar energy system that conforms to all
10 applicable state fire, structural, electrical, and
11 other building codes as adopted or amended by the
12 County and paragraph (3) of subdivision (c) of
13 Section 714 of the Civil Code, as such section or
14 subdivision may be amended, renumbered, or redesignated
15 from time to time, and to all state and County health
16 and safety standards, and to all applicable safety and
17 performance standards established by the California
18 Electrical Code, the Institute of Electrical and
19 Electronics Engineers, and accredited testing
20 laboratories such as Underwriters Laboratories and,
21 where applicable, rules of the Public Utilities
22 Commission regarding safety and reliability.
23 3 . A solar energy system that is installed on a
24 single or duplex family dwelling.
25 4 . A solar panel or module array that does not
26 exceed the maximum legal building height as define•
27 by the authority having jurisdiction.
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1 c. "Solar energy system" has the same meaning set forth in
2 paragraphs (1) and (2) of subdivision (a) of Section 801 . 5
3 of the Civil Code, as such section or subdivision may be
4 amended, renumbered, or redesignated from time to time.
5 26-102 Building Permit Required.
6 A building permit is required to install a small residential
7 rooftop solar energy system. An application for a building
8 permit to install a small residential rooftop solar energy
9 system shall be processed in accordance with Section 65850 . 5 of
10 the Government Code .
11 26-103 Review of Applications.
12 a. Butte County is adopting this ordinance in order to
13 create an expedited, streamlined permitting process for small
14 residential rooftop solar energy systems .
15 b. To facilitate an expedited permitting process, the
16 building official is hereby authorized and directed to develop
17 and adopt a checklist and specification of structural criteria
18 stating all requirements with which small residential rooftop
19 solar energy systems shall comply to be eligible for expedited
20 review.
21 c. The checklist and structural criteria shall be
22 published on the County' s internet website. The applicant may
23 submit the permit application and associated documentation to the
24 County' s building division by personal, mailed, or electronic
25 submittal together with any required permit processing and
26 inspection fees . In the case of electronic submittal, the
27 electronic signature of the applicant on all forms, applications
28 and other documentation may be used in lieu of a wet signature.
1 d. Prior to submitting an application, the applicant
2 shall :
3 1 . Verify through the use of standard engineering
4 evaluation techniques that the support structure for
5 the small residential rooftop solar energy system is
6 stable and adequate to transfer all wind, seismic, and
7 dead and live loads associated with the system to the
8 building foundation; and
9 2 . At the applicant' s cost, verify using standard
10 electrical inspection techniques that the existing
11 electrical system including existing line, load, groun.
12 and bonding wiring as well as main panel and subpanel
13 sizes are adequately sized, based on the existing
14 electrical system' s current use, to carry all new
15 photovoltaic electrical loads .
16 e . For a small residential rooftop solar energy system
17 eligible for expedited review, only one inspection shall be
18 required, which shall be done in a timely manner by the building
19 official. If a small residential rooftop solar energy system
20 fails inspection, a subsequent inspection is authorized; however,
21 the subsequent inspection need not conform to the requirements of
22 this subsection.
23 f. An application that satisfies the requirements in the
24 checklist, as determined by the building official, shall be
25 deemed complete . Upon receipt of an incomplete application, the
26 building official shall issue a written correction notice
27 detailing all deficiencies in the application and any additional
28
A
1 information required to be eligible for expedited permit
2 issuance.
3 g. Upon confirmation by the building official of the
4 application and supporting documentation being complete and
5 meeting the requirements of the checklist, the building official
6 shall administratively approve the application and issue all
7 required permits or authorizations . Such approval does not
8 authorize an applicant to connect the small residential rooftop
9 energy system to the local utility provider' s electricity grid.
10 The applicant is responsible for obtaining such approval or
11 permission from the local utility provider.
12 Section 2 . Severability.
13 If any provision or clause of this article or the application
14 thereof to any person or circumstances is held to be
15 unconstitutional or to otherwise be invalid by any court of
16 competent jurisdiction, such invalidity shall not affect other
17 provisions or clauses or applications thereof which can be
18 implemented without the invalid provision or clause, or
19 application, and to this end the provisions and clauses of this
20 article are declared to be severable .
21 Section 3. Effective Date and Publication. This ordinance
22 shall take effect thirty (30) days after the date of its
23 passage. The Clerk of the Board of Supervisors is authorized
24 and directed to publish this ordinance before the expiration of
25 fifteen (15) days after its passage. This Ordinance shall be
26 published once, with the names of the members of the Board of
27 Supervisors voting for and against it, in the Chico Enterprise-
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I I
1 I Record, a newspaper of general circulation published in the
2 County of Butte, State of California.
3 PASSED AND ADOPTED by the Board of Supervisors of the County of
4 Butte, State of California, on the 15th day of September, 2015,
5 by the following vote :
6 AYES : Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES : None
7 ABSENT: None
NOT VOTING: None
8
DOUGTEEtER, Chair of the
9 d Butte County Board of
10 Supervisors
11 ATTEST :
12 PAUL HAHN, Chief Administrative Officer
and Clerk of„ the? Board
13
14 BY: 1 '
Dy-puty
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