[RE-wrenches] Permitting problem

[Christopher Warfel]

I have been down this road.  I have designed many structures in a 
hurricane prone area at the request of the local building official, 
using my PE stamp as required.  A new building official who travels to 
the town once a week decided I could not do that work anymore. No relief 
from kicking it up, just more threats actually.  So, I hire a structural 
engineer now, and have used that to show that when the renewable energy 
program engineer failed me for not using a certified system, that the 
structural compliance letter was sufficient. Eventually they agreed.

Chris

On 6/25/2025 6:59 PM, William Miller via RE-wrenches wrote:
>
> Friends:
>
> I am having a problem pulling a permit in our county jurisdiction. The 
> project is a ground mount array with a low tilt angle resulting in an 
> overall rack height less than 6’.  The county checklist for solar 
> permits says: "Engineering is required for arrays exceeding six feet 
> above adjacent grade."  I wanted to make sure this was the current 
> criteria so I emailed a senior building official before I submitted my 
> plans and received a reply stating the same criteria.
>
> I have done jobs in the county in the past with the same low height 
> and not been required to provide engineering.  The system we use is 
> pretty robust.  You can see a description here 
> <https://millersolar.com/MillerSolar/practices/DrivenPipe/DrivenPipe.html>.  
> The rail is SnapNRack 200 series.
>
> However for this project I am being denied a permit with this reason:  
> By not using one of SnapNRack’s suggested support structures I am 
> “altering” the “racking kit.”  I am told if I provide a structural 
> analysis a permit will be approved.
>
> The SnapNRack web site says this on the subject:  “The system is fully 
> compatible with various foundation types, including
>
> ground screws, grade beams, and standard pier concrete foundations."  
> We all know that the word “including” does not preclude other 
> possibilities.  I even got one of the SnapNRack engineers to write an 
> email saying alternative support structures are allowed.
>
> I have worked up the entire chain of command in San Luis Obispo County 
> including the department director and the office of County Counsel 
> with no change in status.  I filed an appeal but the county refused to 
> hear the appeal.
>
> I called my county supervisor to intervene but the building department 
> is giving them the same reason.  The logic is flawed but no one will 
> believe me in spite of the documentation I have provided.
>
> Last time we had one of these taller than 6 feet the we had it 
> engineered at a cost of $5,000.  My contract covers me for the extra 
> expense so the cost would be to the client.  I don’t believe it is 
> right for the customer to have to pay this extra expense.  They are 
> decent people who deserve better.
>
> I put together a web page to describe the entire interaction. It is 
> here 
> <https://millersolar.com/MillerSolar/case_studies/41_County_of_SLO/County_of_SLO.html>.
>
> I think this is wrong and my principals are not allowing me to give 
> in.  This is a pattern with this building department. The last time 
> this happened I fought for months and finally won.  I embarrassed them 
> and I think the department is trying to punish me.
>
> I am looking for an attorney but so far all of them are too busy to 
> take my case.
>
> Have anyone of you experienced anything like this? Anyone have any advice?
>
> Thanks in advance.
>
> William Miller
>
> Miller Solar
>
> 17395 Oak Road, Atascadero, CA 93422
>
> 805-438-5600
>
> www.millersolar.com <http://www.millersolar.com/>
>
> CA Lic. 773985
>
>
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-- 
Christopher Warfel, PE
ENTECH Engineering, Inc.
PO Box 871, Block Island, RI 02807
(401) 447-5773
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