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HomeMy WebLinkAbout697ORDINANCE NO. 697 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING TITLE 15 OF IRWINDALE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE 2014 LOS ANGELES COUNTY'S AMENDED BUILDING CODE TO INCLUDE EXPEDITED PERMITTING FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS, IN COMPLIANCE WITH THE REQUIREMENTS OF CALIFORNIA ASSEMBLY BILL 2188, ENACTED INTO LAW IN SEPTEMBER 2014 AND ADOPTING LOCAL AMENDMENTS THERETO REPEALING ALL OTHER ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH, PURSUANT TO GOVERNMENT CODE SECTION 50022.2 ET SEQ Recitals a. The State's Health and Safety Code requires cities and counties to adopt the most recent editions of the State Building Standards related to building construction, which the City last adopted in January 2014 by Ordinance 674; and b. The City Council seeks to implement California Assembly Bill 2188 (Chapter 521, Statutes 2014) through the creation of an expedited, streamlined permitting process for small residential rooftop solar energy systems; and c. The City Council wishes to advance the use of solar energy by all of its citizens, businesses, and industries; and d. The City Council seeks to meet the climate action goals set by the City of Irwindale, County of Los Angeles and the State of California; and e. Solar energy creates local jobs and economic opportunity; and f. The City Council recognizes that rooftop solar energy provides reliable energy and pricing for its residents and businesses; and g. It is in the interest of the health, welfare, and safety of the people of the City of lrvvindale to provide an expedited permitting process to assure the effective deployment of solar technology. h. On September 1, 2015, the Los Angeles County Board of Supervisors approved the amending of its Building Code of the Los Angeles County Code — by adding Chapter 68, Expedited Permitting for Small Residential Rooftop Solar Energy 01005.0005/268515.1 Ordinance No. 697 Page 1 Systems, in compliance with the requirements of California Assembly Bill 2188, enacted into law in September 2014, to provide an expedited, streamlined permitting process for small residential rooftop solar energy systems. Chapter 68 adds administrative provisions that are not in the current California Building Code. i. Similar to past practice and since counties and cities are required to develop an ordinance to streamline small residential rooftop solar energy system permitting and inspections, the City will adopt the amended County Building Code, by reference, to bring the City into compliance with the California Health and Safety Code. j. The proposed adoption of this ordinance is exempt under the provision of the California Environmental Quality Act pursuant to State Guidelines; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds that the County of Los Angeles, in adopting its Ordinance No. 15-3832, has made all appropriate findings related to local climatic, geological, or topographical conditions, as specified under the provisions of the California Health & Safety Code. The City Council hereby incorporates the findings summarized in the Los Angeles County Ordinance No. 15-3832. SECTION 2. Chapter 15.05 is hereby added to read as follows: CHAPTER 15.05 EXPEDITED PERMITTING FOR SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEMS SECTIONS: 15.05.10 15.05.20 15.05.30 Ordinance No. 697 Page 2 SCOPE COPIES FILED TERMS DEFINED 15.05.40 15.05.50 15.05.60 15.05.70 15.05.80 FEES APPLICATION FOR PERMITS PERMITS INSPECTIONS SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REQUIREMENTS SECTION 15.05A0 SCOPE The provisions of this Chapter are intended to help the State of California reach its economic, energy and environmental goals by providing a standardized and streamlined permitting process to encourage the use of small residential rooftop solar energy systems. This Chapter shall apply to the permitting process for small residential rooftop solar energy systems that meet the requirements of Section 15.05.80, which are installed on a one- or two-family dwelling and involve either a photovoltaic system that is no larger than 10 kilowatts alternating current, or a solar thermal system for residential service water heating and solar pool heating that is no larger than 30 kilowatts thermal. SECTION 15.05.20 COPIES FILED Three copies of the Los Angeles County Building Code, referred to in Section 15.04.010 of this chapter, including all amendments, have been deposited in the office of the city clerk and shall be at all times maintained by said clerk for use and examination by the public. SECTION 15.05.30 TERMS DEFINED 01005.0005/268515.1 Ordinance No. 697 Page 3 For the purpose of this Chapter, words and terms used in this Chapter shall have the meanings set forth in this Section. Where terms are not defined in this Section and are defined elsewhere in this Code, the Plumbing Code or the Electrical Code, such terms shall have the meanings ascribed to them in such codes. Where terms are not defined through the methods authorized by this Section, such terms shall have their ordinary accepted meanings such as the context implies. "Board of appeals" means the board of appeals established by the Los Angeles County Building Code. "Board of supervisors" means the city council. "Building department" means the building and safety division of the department of public works, acting for the city. "Building code," "uniform building" or "Los Angeles County Building Code" means Chapter 15.04 of this code; "Building official" means the director of public works or his or her designee. "City" means the City of Irwindale. "County," "county of Los Angeles" or "unincorporated territory of the county of Los Angeles" means the city. "County engineer" means the director of public works of the county of Los Angeles. "Electrical code" means Chapter 15.08 of this code. "Fire code" means Chapter 15.12 of this code. "Fire zone" means the fire zone or zones adopted by an ordinance creating and establishing fire zones. "General fund" means the city treasury. "Green building standards code" means Chapter 15.10 of this code. "Health code" or "Los Angeles County Health Code" means Chapter 8.04 of this code. Ordinance No. 697 Page 4 "Health officer" means the health officer of the city. "Kilowatt Thermal" means the unit of measurement to approximate the amount of energy produced by a solar thermal collector. Each square meter of collector space equals 0.7 kilowatts thermal. "Mechanical code" means Chapter 15.20 of this code. "Plumbing code" means Chapter 15.16 of this code. "Restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance" means either of the following: 1. For water heater systems or solar swimming pool heating systems: an amount exceeding 10% of the cost of the system, but in no case more than $1,000.00, or decreasing the efficiency of the solar energy system by an amount exceeding 10%, as originally specified and proposed. 2. For photovoltaic systems: an amount not to exceed $1,000.00 over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10% as originally specified and proposed. "Small Residential Rooftop Solar Energy System" means a rooftop solar energy system that meets the requirements of Section 15.05.80, which is installed on a one- or two-family dwelling and which does not exceed 10 kilowatts alternating current nameplate rating, or a solar thermal system for residential service water heating and solar pool heating that is no larger than 30 kilowatts thermal. "Solar Energy System" means either of the following: 01005.0005/268515.1 Ordinance No. 697 Page 5 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 electricity generation, space heating or cooling, or for water heating. 2 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. SECTION 15.05.040 FEES Permit fees for the installation of small residential rooftop solar energy systems shall be charged according to the applicable fees prescribed in Los Angeles County Building Code Section 107, Section 82-8 of the Los Angeles County Electrical Code, and Sections 103.10 and 103.11 of the Los Angeles County Plumbing Code, as applicable. The combined permit fee for small residential rooftop photovoltaic systems shall not exceed five hundred dollars ($500) plus fifteen dollars ($15) per kilowatt for each kilowatt above 15kW unless modified by or in accordance with Government Code section 66015 or other applicable law. When an incomplete application is submitted, a written correction notice detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance will be issued. SECTION 15.05.50 APPLICATION FOR PERMITS The application for a permit shall meet the requirements of Los Angeles County Building Code Section 106.4 and may be submitted in person or electronically through the online submittal system maintained by the Building Official. Prior to submitting the Ordinance No. 697 Page 6 application for an expedited permit, the applicant shall verify that the installation meets all criteria in Section 15.05.80 to qualify for expedited permit issuance. Upon receipt of a complete small residential rooftop solar energy system application, plan check review will be completed within one to three business days. SECTION 15.05.60 PERMITS Upon approval of a permit application by the Building Official, a building, electrical or plumbing permit, as applicable, will be issued for the work described in the application. A combined solar energy permit may be issued for photovoltaic systems, which will include all building and electrical work, however a separate plumbing permit, if needed, will be required. The combined solar energy permit is subject to the requirements of the Building and Electrical codes. SECTION 15.05.70 INSPECTIONS A. General. All construction or work for small residential rooftop solar energy systems for which a permit is required shall be subject to inspection by the Building Official and such construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official as specified in Los Angeles County Building Code Section 108. B. Required Inspections. A combination inspection shall be conducted to inspect the structural, electrical, and plumbing components of the installation of small residential rooftop solar energy systems. One inspection shall be required for the system. Evidence satisfactory to the 01005.0005/268515.1 Ordinance No. 697 Page 7 Building Official as identified in Los Angeles County Building Code Manual 6807, Article 1, must be provided at the inspection to verify that the installation and labeling of components meet all applicable requirements of the Building Code, the Plumbing Code, and the Electrical Code. The Building Official may require exposure of the following components if sufficient evidence regarding installation and labeling is not provided: 1. Fastening of roof mounting system to structural framing members. 2. Grounding and bonding of panels. 3. Nameplates of modules and inverters. If the small residential rooftop solar energy system fails inspection, subsequent inspections are authorized until the work is approved by the Building Official. SECTION 15.05.80 SMALL RESIDENTIAL ROOFTOP SOLAR ENERGY SYSTEM REQUIREMENTS A. General. The design of small residential rooftop solar energy systems shall comply with this Section to qualify for expedited permit issuance. B. Height Limit The solar panel or module array shall not exceed the maximum legal building height as defined in the City of Irwindale Planning and Zoning Code, Los Angeles County Building Code, and Los Angeles County Residential Code, or other applicable legal authority, based on the most restrictive provision. C. Solar Permitting Guidebook. Ordinance No. 697 Page 8 The submitted plans must comply with Los Angeles County Building Code Manual 6807, Article 1, including its checklist and standard plans as developed in substantial conformance with the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research and as adopted by the Building Official. D. Minimum Photovoltaic System Standards. The photovoltaic system shall be identified and listed for the application as referenced in the Electrical Code. E. Minimum Solar Thermal System Standards. The solar thermal systems shall be certified by Solar Rating and Certification Corporation or other approved listing agencies as specified in the Plumbing Code. F. Compliance With Laws. The solar energy system shall also comply with all other applicable Los Angeles County Codes and California health and safety laws. SECTION 3. Full Force and Effect. Except as expressly amended herein, all other subsections of Chapter 15 of the Irwindale Municipal Code shall be unchanged and in full force and effect. SECTION 4: Effective Date. The City Clerk shall certify to the passage and adoption of this ordinance by the City Council of the City of Irwindale and shall, within 15 days after its final passage, cause the same to be published once in a newspaper of general circulation in the City of Irwindale, and this Ordinance shall take effect 30 days after its passage. SECTION 5: Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Irwindale hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. 01005.0005/268515.1 Ordinance No. 697 Page 9 PASSED, APPROVED AND ADOPTED on the 14.daji Of October 2015. ATTEST: aura M. Nieto, CMC eputy City Clerk Ordinance No. 697 Page 10 iceAct 0724c/r-) 'Lira M. Nieto, CMC eputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF IRWINDALE I, Laura M. Nieto, Deputy City Clerk of the City of Irwindale, California, do hereby certify that the foregoing Ordinance No. 697 was introduced at a regular meeting of the City Council of the City of Irwindale held on September 23, 2015, and adopted at a regular meeting of the City Council of the City of Irwindale held on October 14, 2015, and was carried by the following-roll call vote: Ambriz, Miranda, Ortiz, Mayor Breceda None Garcia None 6)1i, )11,)/74-e_k tieura M. Nieto, CMC puty City Clerk AYES: Councilmembers: NOES: Councilniembers: ABSENT: Council members: ABSTAIN: Council members: AFFIDAVIT OF POSTING I, Laura M. Nieto, Deputy City Clerk, certify that I caused a copy of Ordinance No. 697, adopted by the City Council of the City of Irwindale at its regular meeting held October 14, 2015, to be posted at the City Hal, Library, and Post Office on October 15, 2015. Dated: 01005.0005/268515.1 Ordinance No. No. 697 Page 11