Ca Solar Rights Act [RE-wrenches]

[Mark Frye]

For California Wrenches and Wrenches in States with laws similar to the 
California Solar Rights Act.

Summary:

The Solar Rights Act (CA Civil Code 714), passed in 1978, bars 
restrictions on the installation of solar systems for homeowners 
associations, but originally did not specifically apply to cities, 
counties, municipalities or other public entities. The Act was amended 
by AB 1407, signed by the Governor on September 3, 2003, to prohibit a 
public entity from receiving state grant funding or loans for solar 
energy programs if it prohibits or places unreasonable restrictions on 
the installation of solar energy systems. It requires public entities to 
certify that they are not placing unreasonable restrictions on the 
procurement of solar energy systems when applying for state-sponsored 
grants and loans.  
 The Act was amended again in September 2004 by AB 2473 in order to 
extend its bar on restrictions to any public entity. Additional key 
changes minimize aesthetic solar restrictions to those that cost less 
than $2,000 and limits building official’s review of solar installations 
only to those items that relate to specific health and safety 
requirements of local, state and federal law.

Questions:

To what degree would it be  possible to sue local inspectors and/or 
local building departments(AHJs) who un-reasonable over-reach the bounds 
of their discretion in making determination as to the acceptableness of 
specific solar installation methods?

If there is liability for such actions under the law, upon whom would 
the liability lie, the individual inspector as a person or on the 
building department by whom they are employed?

As a specific example, there has been ample discussion on this list 
regarding the compliance and acceptability of fused disconnects tapped 
to an existing feeder for the “inter-connection” of a PV system on the 
load side of the main disconnecting means.  Would it be possible to sue 
an AHJ for refusing to sign-off on such an installation assuming all 
other aspects of the work comply with applicable Codes?


- - - -
To send a message: RE-wrenches at topica.com

Archive of previous messages: http://lists.topica.com/lists/RE-wrenches/read

List rules & how to change your email address: www.mrsharkey.com/wrenches/etiquette.php

Check out participant bios: www.mrsharkey.com/wrenches/

Hosted by Home Power magazine

Moderator: michael.welch at homepower.com
--^----------------------------------------------------------------
This email was sent to: michael.welch at homepower.com

EASY UNSUBSCRIBE click here: http://topica.com/u/?bz8Qcs.bz9JC9.bWljaGFl
Or send an email to: RE-wrenches-unsubscribe at topica.com

For Topica's complete suite of email marketing solutions visit:
http://www.topica.com/?p=TEXFOOTER
--^----------------------------------------------------------------