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Santa Clara County retroactively Changing ESS Rules

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That statement was in response to BGbreeders statement about generous interpretations and graft with the way SJ chooses to inspect. San Jose Building Inspectors, who are a totally different breed than the Santa Clara County Fire Inspectors.

I personally prefer SJ method because we know and follow the code ahead of time and have the time and manpower to discuss grey areas with inspectors. I can have an ESS and PV permit in 1 hour, with completed CAD plans.

The County of Santa Clara method means the plan check process takes a lot longer, and you still have the same uncertainty in the final inspection, that a rogue inspector makes your life difficult. A permit will take 3 weeks typically to go through the various departments.
A permit taking only 3 weeks? I wish. I’ve been waiting since 6/1 for my permit for 2 PWs to be added to our current permitted solar array. There’s something really really wrong with Santa Clara County’s building dept. - they’ve completely canceled all counter permits and service is crawled to a stop. Permit is stuck in structural review and hasn’t made it through fire review yet. I don’t know if anyone else is having issues or not, but this is new.
 
A permit taking only 3 weeks? I wish. I’ve been waiting since 6/1 for my permit for 2 PWs to be added to our current permitted solar array. There’s something really really wrong with Santa Clara County’s building dept. - they’ve completely canceled all counter permits and service is crawled to a stop. Permit is stuck in structural review and hasn’t made it through fire review yet. I don’t know if anyone else is having issues or not, but this is new.
I'm sorry that you are having issues. It isn't new. We went through long delays in 2020 and 2021. What is the upper limit on an over the counter permit anyway? $10k?

Over a beer I could share more stories. They may not be up to Palo Alto's infamous inspector, but SCC did add 8-15% to the total cost with required engineering filings that basically laid out that "no, your allegations have no basis in fact".

On the bright side, while I have seen better in other locations, I have seen much worse as well.

All the best,

BG
 
A permit taking only 3 weeks? I wish. I’ve been waiting since 6/1 for my permit for 2 PWs to be added to our current permitted solar array. There’s something really really wrong with Santa Clara County’s building dept. - they’ve completely canceled all counter permits and service is crawled to a stop. Permit is stuck in structural review and hasn’t made it through fire review yet. I don’t know if anyone else is having issues or not, but this is new.
There were some covid challenges in the office recently so many permits were moving slower than usual over the last few weeks.

Since they are such a huge AHJ, they have always been slower, with every possibility things get dropped between departments.

Still, there is something more going on if your 2 Powerwalls are still in structural review from a permit submitted more than 2 months ago.

Are you building some freestanding structure to mount them on? Are they well away from property line, easement and other setbacks? If they are installed on a wall, is the structure a home or detached structure?
 
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There were some covid challenges in the office recently so many permits were moving slower than usual over the last few weeks.

Since they are such a huge AHJ, they have always been slower, with every possibility things get dropped between departments.

Still, there is something more going on if your 2 Powerwalls are still in structural review from a permit submitted more than 2 months ago.

Are you building some freestanding structure to mount them on? Are they well away from property line, easement and other setbacks? If they are installed on a wall, is the structure a home or detached structure?
Nope, they are going on a sheer wall 5/8” Sheetrock as per code and are laid out as per code. They kicked out the permit for resubmittal after 12 weeks. Wanted 2 notes on the 1st page removed and some minor text change on the 2nd page made. Vendor updated the paperwork as instructed and re-submitted and there they are weeks later just sitting there again. They are in a attached garage in a home - with a sprinkler system - and it all conforms to their building code diagrams. No setback issues, no fire issues, no easement issues (there’s a fire hose hookup less than 20 ft away - clear line of sight). No indication that there’s anything wrong with the paperwork.
 
I'm sorry that you are having issues. It isn't new. We went through long delays in 2020 and 2021. What is the upper limit on an over the counter permit anyway? $10k?

Over a beer I could share more stories. They may not be up to Palo Alto's infamous inspector, but SCC did add 8-15% to the total cost with required engineering filings that basically laid out that "no, your allegations have no basis in fact".

On the bright side, while I have seen better in other locations, I have seen much worse as well.

All the best,

BG
The county has eliminated their counter permit program. I did have to pull a permit to replace our main electrical panel (100amp side of a 200amp service melted, so we still had 100amps). So what should’ve been a counter permit, same day took 3 days to obtain. My husband is an electrician, so I‘m pretty well versed with permits. They can be a pain, I get it - but I’ve never encountered Santa Clara County being this slow on the small stuff. Although you’re not allowed to build anything unless it’s obvious you can sue them into oblivion for fun. Then you can have your non-conforming mega mansion permit in 2 days.
 
The county has eliminated their counter permit program. I did have to pull a permit to replace our main electrical panel (100amp side of a 200amp service melted, so we still had 100amps). So what should’ve been a counter permit, same day took 3 days to obtain. My husband is an electrician, so I‘m pretty well versed with permits. They can be a pain, I get it - but I’ve never encountered Santa Clara County being this slow on the small stuff. Although you’re not allowed to build anything unless it’s obvious you can sue them into oblivion for fun. Then you can have your non-conforming mega mansion permit in 2 days.
Sorry for your frustration. I would email Rick Gomes and try to get a bit of elevation and resolution.
 
Who is Rick Gomes?
Ah - he’s a building inspector. I haven’t had any luck with emailing the permit dept. they are rude. After 3 months, I had to email the county supervisors office and miraculously, the permit came out of review the same day, only it was kicked back for very petty text changes (that the vendor changed and resubmitted) it’s been sitting there for a month, already reviewed, should be stamped now and permitted…… but no.
 
Ah - he’s a building inspector. I haven’t had any luck with emailing the permit dept. they are rude. After 3 months, I had to email the county supervisors office and miraculously, the permit came out of review the same day, only it was kicked back for very petty text changes (that the vendor changed and resubmitted) it’s been sitting there for a month, already reviewed, should be stamped now and permitted…… but no.
Well he is very involved with their permit process. I usually try talking to the direct boss to give the workers the chance to make it right.

It could be that something in your communication or style has made less than friends, and so this is the result. It could just be you are unlucky.

It sucks but my advice stands, email a manager over there and nicely ask for your permit.
 
Well he is very involved with their permit process. I usually try talking to the direct boss to give the workers the chance to make it right.

It could be that something in your communication or style has made less than friends, and so this is the result. It could just be you are unlucky.

It sucks but my advice stands, email a manager over there and nicely ask for your permit.
No, I’ve been really nice. I‘ve dealt with enough permit departments to know better. There’s no way they can think 4 month SLA for these permits is reasonable….
 
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No, I’ve been really nice. I‘ve dealt with enough permit departments to know better. There’s no way they can think 4 month SLA for these permits is reasonable….
Hey, they just kicked the permit out again for resubmittal. I will find out tomorrow what for, but it’s clear they’re playing games with it now. So it’s not a matter of playing nice. They might not know how to operate their computer. I’ll have to escalate to the county supervisors office.
 
Just found out the neighbor had to get an attorney to get their permit through (not for PWs) - they really hate issuing permits - for any reason.
I am sorry your experience is poor. My experience is that they are slow but thorough to the point of overkill at times.

I have never had the experience you are reporting, having worked with them for several years. Best of luck in the resolution you are chosing.
 
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I am sorry your experience is poor. My experience is that they are slow but thorough to the point of overkill at times.

I have never had the experience you are reporting, having worked with them for several years. Best of luck in the resolution you are chosing.
I’m in agreement with you. I’ve pulled several permits myself with them. I find them to be the same as your experience, except with this permit. However, I have always found them to be cryptic and less helpful than the other building departments I have experience with.
 
I’m in agreement with you. I’ve pulled several permits myself with them. I find them to be the same as your experience, except with this permit. However, I have always found them to be cryptic and less helpful than the other building departments I have experience with.


You may have luck getting through to these folks at the the California Office of Planning and Research (OPR). They're supposed to be the state-wide committee coordinating with local AHJ’s for the implementation of SB 100 (100% clean energy act 2018).


They have published a California Solar Permitting Guidebook and are working on an Energy Storage Guidebook.

Also in scope is AB 546 (2017) which requires all jurisdictions in California to make all documents and forms associated with the permitting of advanced energy storage available on a public website by January 31, 2019.

I contacted the OPR when both PG&E and Contra Costa County's were making things prohibitively difficult for my solar and ESS. The OPR helped me open a dialogue with CoCoCo's permitting department to figure stuff out (mostly around bollards and disconnects; hence my baller azz avatar). And I was able to get someone at PG&E's interconnection team / Rule 21 to respond to me as well. Although the OPR said they could not assist in the matter where a PG&E T-Man took it upon himself to screw me and my family since they felt that was more of a civil matter and PG&E had jurisdiction to screw whoever they want since they're PG&E.

So while I don't think the OPR is able to help you directly, they may be able to point you to a SME that can lend an empathetic ear to move forward.

In a more weird approach, you can contact your local AG office and assert that your local permitting department is in violation of SB 100 and AB 546. Since the permitting office is not cooperating with you for a solar and ESS install and you are a taxpaying citizen attempting to do your part under SB 100. It also sounds like your local permitting office has failed to comply with AB 546 since you and your licensed installer don't actually know how to comply with their permitting process for an ESS. While I cannot imagine an AG actually filing suit, they may be able to help you to figure out who to interact with so you (and the permitting department) properly execute their requirements under SB 100.
 
You may have luck getting through to these folks at the the California Office of Planning and Research (OPR). They're supposed to be the state-wide committee coordinating with local AHJ’s for the implementation of SB 100 (100% clean energy act 2018).


They have published a California Solar Permitting Guidebook and are working on an Energy Storage Guidebook.

Also in scope is AB 546 (2017) which requires all jurisdictions in California to make all documents and forms associated with the permitting of advanced energy storage available on a public website by January 31, 2019.

I contacted the OPR when both PG&E and Contra Costa County's were making things prohibitively difficult for my solar and ESS. The OPR helped me open a dialogue with CoCoCo's permitting department to figure stuff out (mostly around bollards and disconnects; hence my baller azz avatar). And I was able to get someone at PG&E's interconnection team / Rule 21 to respond to me as well. Although the OPR said they could not assist in the matter where a PG&E T-Man took it upon himself to screw me and my family since they felt that was more of a civil matter and PG&E had jurisdiction to screw whoever they want since they're PG&E.

So while I don't think the OPR is able to help you directly, they may be able to point you to a SME that can lend an empathetic ear to move forward.

In a more weird approach, you can contact your local AG office and assert that your local permitting department is in violation of SB 100 and AB 546. Since the permitting office is not cooperating with you for a solar and ESS install and you are a taxpaying citizen attempting to do your part under SB 100. It also sounds like your local permitting office has failed to comply with AB 546 since you and your licensed installer don't actually know how to comply with their permitting process for an ESS. While I cannot imagine an AG actually filing suit, they may be able to help you to figure out who to interact with so you (and the permitting department) properly execute their requirements under SB 100.
The vendor knows how to comply - they just installed backup batteries at my parent’s house. They’re a very large vendor with thousands of installs all over the state. The problem is that our permit department is corrupt.
 
The vendor knows how to comply - they just installed backup batteries at my parent’s house. They’re a very large vendor with thousands of installs all over the state. The problem is that our permit department is corrupt.

Yeah, my point is your vendor somehow doesn't know how to comply with your specific AHJ even though they successfully complied with other AHJs across the state. This suggests a failing of how your local AHJ is handling things, but also means you and your installer need some help to move forward.

IMO, I don't think the permitting departments are corrupt... it feels to me that it's more of an ego-issue where they lean on the concept of "safety" without providing homeowners a reasonable way to achieve that safety. PG&E is the corrupt one; since they financially gain when they suppress residential PV+ESS in favor of the same investment being handled directly by PG&E.
 
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Yeah, my point is your vendor somehow doesn't know how to comply with your specific AHJ even though they successfully complied with other AHJs across the state. This suggests a failing of how your local AHJ is handling things, but also means you and your installer need some help to move forward.

IMO, I don't think the permitting departments are corrupt... it feels to me that it's more of an ego-issue where they lean on the concept of "safety" without providing homeowners a reasonable way to achieve that safety. PG&E is the corrupt one; since they financially gain when they suppress residential PV+ESS in favor of the same investment being handled directly by PG&E.
Oh don’t get me started on PG&E. I was out of power 20 days last year. I now have a shiny new fire-resistant pole, insulated lines and a new transformer. I also had to replace my main panel - they melted it finally. In 2018, they had to pay me nearly $8k in stuff they fried due to a surge they sent on T-giving.…..

Our permitting department is a mess. There was a great deal of corruption in the form of bribery going on - there is now a new head of the department, so I doubt that is still going on - but it is most certainly corrupt. For us regular folks, it just means they render our lots unbuildable and make permitting as painful, expensive and frustrating of a process as possible in hopes that we don’t try and pull any more permits. It works - the volume of permits is a 10th of what it should be.
 
Oh don’t get me started on PG&E. I was out of power 20 days last year. I now have a shiny new fire-resistant pole, insulated lines and a new transformer. I also had to replace my main panel - they melted it finally. In 2018, they had to pay me nearly $8k in stuff they fried due to a surge they sent on T-giving.…..

Our permitting department is a mess. There was a great deal of corruption in the form of bribery going on - there is now a new head of the department, so I doubt that is still going on - but it is most certainly corrupt. For us regular folks, it just means they render our lots unbuildable and make permitting as painful, expensive and frustrating of a process as possible in hopes that we don’t try and pull any more permits. It works - the volume of permits is a 10th of what it should be.


Lol, when they open the new NEM 3.0 decision up for public comment, make sure to drop your $0.02 (or $20,000.00) in there to tell the CPUC how PG&E can't be trusted to have people's best interests in mind, and how you believe local AHJs are making residential solar and ESS extra challenging which adds a lot of costs/time to execute installs. So the CPUC shouldn't blindly assume PG&E and local AHJs are able/willing to enable future residential solar+ESS.

It is kind of annoying that there is no state-run or even a CPUC-run remediation office for SB 100. It would be immensely helpful to have a body independent of the IOUs and local AHJs to help resolve issues (without involving lawyers).