ORDINANCE NO THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS:

Transcription

1 AN ORDINANCE OF THE CITY OF MANTECA ADDING CHAPTER TO THE MUNICIPAL CODE RELATING TO EXPEDITED PERMITTING PROCEDURES FOR SMALL RESIDENTIAL ROOFTOP SOLAR SYSTEMS. THE CITY COUNCIL OF THE CITY OF MANTECA DOES ORDAIN AS FOLLOWS: WHEREAS, Subsection (a) of Section of the California Government Code provides that it is the policy of the State 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, the City Council recognizes that rooftop solar energy provides reliable energy for its residents and businesses, and WHEREAS, the City Council of the City of Manteca wishes to advance the use of solar energy by all of its citizens, businesses, and industries, and WHEREAS, solar energy creates local jobs and economic opportunity, and WHEREAS, Subdivision (g)(1) of Section of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance, consistent with the goals and intent of subdivision (a) of Section , that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. Section I.: Manteca Municipal Code Title 15, Buildings and Construction, Chapter 15.60, Small Residential Rooftop Solar Energy Systems, is hereby added to read as follows Definitions. 1. Building Department. Whenever the term building department or building safety division is used in this code it means the city of Manteca building safety division. 2. Building Official. The individual invested with the responsibility for overseeing and enforcing applicable life safety codes, and building codes, laws, and statutes. The building official is charged with the

2 Page 2 administration of the building department, interpretation of code requirements, and direction of the code adoption process. The building official, under the direction of the community development director is the individual who plans, coordinates and directs the operations and activities of the building department; implements city activities assuring compliance with building standards including plan check, inspection, and corrections to hazards; oversees and participates in inspections; oversees the review and approval of building plans and specifications; implements goals, policies, and procedures for the division. The building official is responsible for the administration, interpretation, and enforcement of California Code of Regulations, Title 24, and other applicable codes in accordance with Health and Safety Code 18949, 17920, and California Code of Regulations, Title 24, Part 2, Section 202. Whenever the term building official or building inspector is used in the code, it means the chief building official in charge of the building safety division. 3. City. Whenever the term municipality or city is used, it means the city of Manteca. 4. Electronic Submittal. Electronic submittal means the utilization of one or more of the following: a. , b. facsimile, c. the internet. 5. Small Residential Rooftop Solar Energy System. Small residential rooftop solar energy system means all of the following: 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 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. 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 authority having jurisdiction. 6. Solar energy system has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section of the

3 Page 3 Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time Purpose. The purpose of this Chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and cost-effective installations of small residential rooftop solar energy systems. The City through this Chapter encourages the use of solar systems by removing barriers and expanding the ability of property owners to install solar energy systems Applicability. This Chapter applies to the permitting of all small residential rooftop solar energy systems in the City Solar Energy System Requirements. 1. All solar energy systems shall meet applicable health and safety standards, regulations, codes, and requirements imposed by the State and the City. 2. 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. 3. 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 Duties of the Building Department and Building Official 1. All documents required for the submission of an expedited solar energy system application shall be made available on the publicly accessible City website. 2. Electronic submittal of the required permit application and documents by or facsimile shall be made available to all small residential rooftop solar energy system permit applicants. 3. The electronic signature of an applicant, engineer, architect, or contractor shall be accepted on all forms, applications, and other documents in lieu of a wet signature. 4. Section of the California Government Code provides that in developing an expedited permitting process, the city, county, or city and county shall adopt a checklist of all requirements with

4 Page 4 which small rooftop solar energy systems shall comply to be eligible for expedited review. The building official 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. The checklist shall be published on the city s internet website Application, Permit, and Inspection Requirements 1. Prior to submitting an application, the applicant shall: a. Verify 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, 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. 2. For a project complying with the checklist for a small residential rooftop solar energy system the applicant may submit the permit application and associated documentation to the City s building division by personal, mailed, or electronic submittal together with the required permit processing and inspection fees. 3. 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. 4. 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 and/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 after requesting and obtaining a final inspection and receiving final approval on the inspection record. 5. For a small residential rooftop solar energy system eligible for expedited review, only one 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

5 Page 5 authorized; however the subsequent inspection need not conform to the requirements of this subsection. Also, subsequent inspections, after the first, shall be charged a reasonable inspection fee as determined by the Building Official in accordance with the currently adopted fee schedule. Section II. SEVERABILITY: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision of application, and to this end the provisions of this Ordinance are severable. Section III. EFFECTIVE DATE: This Ordinance shall take effect and be in force on September 30, 2015 or 30 (thirty) days from the date of adoption, whichever is later. Section IV: PUBLICATION: Within fifteen (15) days after adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published once in the Manteca Bulletin, a newspaper of general circulation, along with a notice setting forth the date of adoption at the title of this Ordinance. DATED: ROLL CALL: NOES: ABSTAIN: ABSENT: ATTEST: STEPHEN F. DEBRUM MAYOR JOANN TILTON, MMC CITY CLERK

6 Page 6 CERTIFICATE I, JOANN TILTON, City Clerk of the City of Manteca, do hereby certify that Ordinance No was INTRODUCED at the regular meeting of the Manteca City Council held the 7th day of July 2015, and was thereafter PASSED, ADOPTED AND ORDERED TO PRINT at the regular meeting of the Manteca City Council held the day of, JOANN TILTON, MMC CITY CLERK