City blocking solar install by home owner - legal?

[treadlite]

This city I live it just added wording in their building code to block me from being able to install my own panels. I helped a couple neighbor do theirs and they didn't like that. My question is, can they legally do this? There is NOTHING else on my house that I am not allowed to do as long as I get the proper inspection.

Here is the new code. Can I take legal action against the city?
19.05.12. Solar Panels.

1. Solar panels installed in residential zones shall meet the following standards:
   1. Roof mounted panels designed for residential use shall be used. No commercial grade panels may be installed on a roof.
   2. Ground-mounted panels shall:

i. be located only in rear yards and interior side yards, and
ii. comply with lot coverage limitations, and
iii. not exceed fifteen feet in height as measured from established grade to the highest point of any panel or panel structure, and
iv. be located behind an opaque fence or wall a minimum of six feet in height.

1. Panels shall be designed to minimize reflection.
2. Panels and panel systems that are designed to be tied into the utility grid shall be installed and connected by a licensed photovoltaic contractor, in compliance with the National Electrical Code.

1. Solar panels installed in non-residential zones shall meet the following standards:
   1. Ground-mounted panels shall:

i. meet all building height, setbacks, and lot coverage limitations, and
ii. not obstruct required landscaping.

1. Panels shall be designed to minimize reflection.
2. Panels and panel systems that are designed to be tied into the utility grid shall be installed and connected by a licensed photovoltaic contractor, in compliance with the National Electrical Code.

[J.P.M.]

Where are you located - what state ?

[treadlite]

Saratoga Springs Utah. They have really tried everything they can blocking me. When people do their own install the city loses money, and they don't like that. Plus the first time I did this 2 years ago they told me I wasn't allowed. I showed them that I could and did it. I don't think they took that lightly and are on a revenge path from me helping my neighbor do his last month.

[J.P.M.]

Saratoga Springs Utah. They have really tried everything they can blocking me. When people do their own install the city loses money, and they don't like that. Plus the first time I did this 2 years ago they told me I wasn't allowed. I showed them that I could and did it. I don't think they took that lightly and are on a revenge path from me helping my neighbor do his last month.

I appreciate what you are saying. Consider, however, how you would feel if someone in your neighborhood did something that you felt was unsightly and that you felt lowered your property values your quality of life from the glare and aesthetics ? Now, consider what the city parents go through every time some distraught residents come to them and bitch.

I'm not saying you're wrong, just think like the other guy, if only to help with strategy. I doubt if revenge has much to do with it, unless you stuck a finger in their collective eye of the powers that be, in which case, sow the wing, reap the whirlwind.

[treadlite]

My city has more solar installs going up than any other surrounding city. Just my neighborhood is 30% on solar. They have no problem with the actual installation of solar, they just don't want me doing it, even if I have everything inspected by a licensed contractor, they tried to shut that down too. This is a personal vendetta against me. I am the ONLY one in the city that has installed their own solar, and they are very verbal against that. They told me several times I am NOT allowed based on "State" regulations, then I asked them to show me that. Then I proceeded to show them that there was nothing in the state guidelines and they had to let me do it. I guarantee, this is personal.

I actually do better installs than licensed companies. Both installs I have done passed the first inspection. I have talked to many other homeowners and almost all of them have failed the first one.

[treadlite]

My question is, do I have a legal right to do install my own solar as long as it is inspected and passes inspection.

[foo1bar]

My question is, do I have a legal right to do install my own solar as long as it is inspected and passes inspection.

That may depend on state law.

In Florida - No. (At least that's what I've seen repeated here often, and I assume is the case - I don't have a state statute to cite)
In California - Yes.
In Utah - I don' t know.
I'd search for Utah laws about "owner-builder" or "owner-contractor"

BTW - while I can do my own install in CA, I am NOT allowed to do an install for my neighbor. I can potentially be a hired hourly labor for him - but if I say "I'll do the job with you for $500" I'm an unlicensed contractor.

It's also possible that the state law allows the local AHJ to make the rule that you say they've made (or proposed to make)
(Personally I have doubts that the rule as written would hold up in court - it disallows a licensed General Contractor and licensed Electrician from doing the install.)

[foo1bar]

When people do their own install the city loses money, and they don't like that.

How do they lose money?
They still have the permit fees.
I guess they don't get the business license fee - but those are going to be fairly small and aren't per-install, but rather per-company. And unless DIY becomes really widespread I think they'll still have the same number of businesses.

[ButchDeal]

Saratoga Springs Utah. They have really tried everything they can blocking me. When people do their own install the city loses money, and they don't like that. Plus the first time I did this 2 years ago they told me I wasn't allowed. I showed them that I could and did it. I don't think they took that lightly and are on a revenge path from me helping my neighbor do his last month.

Did your neighbor install solar and you helped. Or did you install solar for your neighbor as an unlicensed contractor?

[treadlite]

I helped. I did not install as an unlicensed or licensed contractor. He is a friend and I helped. FREE no $ charge.

They loose money because they get a percentage of the overall cost of the install. Since DYI is 1/4 the price, the city loses money.

it disallows a licensed General Contractor and licensed Electrician from doing the install.)

foobar1, you make a good point. This makes it so ONLY a "SOLAR" licensed contractor can do this. I will be talking to my lawyer tomorrow.

[foo1bar]

They loose money because they get a percentage of the overall cost of the install. Since DYI is 1/4 the price, the city loses money.

I'd think it's generally about 1/2 to 1/3 the price. ($1.50/W or $2/W vs. $3 to $4/W)

Interesting that the fee is based on a percentage - here in CA they can't do that. The solar fees have to be based on the real costs for the AHJ.

Still, it seems like it's probably a matter of just a few hundred dollars - nothing that makes a real difference in the city budget.

My guess is you pissed off the inspector and he doesn't want to deal with you again, so pushed for this rule.

I will be talking to my lawyer tomorrow.

I wouldn't spend money on that.
Your install is done, your neighbor's is done. Nothing for you to gain.

He is a friend and I helped. FREE no $ charge.

Hm - so you're admitting that either you were an unlicensed contractor doing it for a flat fee of $0 - or your neighbor was not paying the minimum hourly wage.
(I'm mostly joking )

[SunEagle]

I helped. I did not install as an unlicensed or licensed contractor. He is a friend and I helped. FREE no $ charge.

They loose money because they get a percentage of the overall cost of the install. Since DYI is 1/4 the price, the city loses money.



foobar1, you make a good point. This makes it so ONLY a "SOLAR" licensed contractor can do this. I will be talking to my lawyer tomorrow.

Basically we have the same law in FL. You must not only be a licensed contractor but you have to have a certification in solar installation.

DIY solar is not allowed here by law and that is that.

[treadlite]

Basically we have the same law in FL. You must not only be a licensed contractor but you have to have a certification in solar installation.

DIY solar is not allowed here by law and that is that.

But does that apply if you are the homeowner? Usually for a business yes that is the case, but for pretty much everything at least here in utah, there isn't anything that the homeowner cannot do as long as it meats code and gets passed off by a licensed contractor.

[treadlite]

I'd think it's generally about 1/2 to 1/3 the price. ($1.50/W or $2/W vs. $3 to $4/W)

I can actually do it for $1 a watt on a 6500w system. Most of the companies around here charge around $4/w, and they overbuild systems which is bad for the customer due to a credit system that expires early spring, and not buy-back.

[jflorey2]

Can I take legal action against the city?

No. They are following the law.