Solar Industry Contractors and Energy Manufacturers Association (SICem eh)

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On Laws


Legal Words





RM 17-07-007


Rule 21






LinkIdCode TypeLaw NumberLaw SentenceRatingNotes
21Civil Code - CIV713.(a)(3)The owner's or agent's name.0-
22Civil Code - CIV713.(a)(4)The owner's or agent's address and telephone number.0-
23Civil Code - CIV713.(b)Nothing in this section limits any authority which a person or local governmental entity may have to limit or regulate the display or placement of a sign on a private or public right-of-way.0-
24Civil Code - CIV714.(a)Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, and any provision of a governing document, as defined in Section 4150 or 6552, that effectively prohibits or restricts the installation or use of a solar energy system is void and unenforceable.0-
25Civil Code - CIV714.(b)This section does not apply to provisions that impose reasonable restrictions on solar energy systems.0-
26Civil Code - CIV714.(b)However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto.0-
27Civil Code - CIV714.(b)Accordingly, reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for an alternative system of comparable cost, efficiency, and energy conservation benefits.0-
28Civil Code - CIV714.(c)(1)A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities, consistent with Section 65850.5 of the Government Code.0-
29Civil Code - CIV714.(c)(2)Solar energy systems used for heating water in single family residences and solar collectors used for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined in the Plumbing and Mechanical Codes.0-
30Civil Code - CIV714.(c)(3)A solar energy system for producing electricity shall also meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.0-
31Civil Code - CIV714.(d)For the purposes of this section:0-
32Civil Code - CIV714.(d)(1)(a)For solar domestic water heating systems or solar swimming pool heating systems that comply with state and federal law, "significantly" means an amount exceeding 10 percent of the cost of the system, but in no case more than one thousand dollars ($1,000), or decreasing the efficiency of the solar energy system by an amount exceeding 10 percent, as originally specified and proposed.0-
33Civil Code - CIV714.(d)(1)(b)For photovoltaic systems that comply with state and federal law, "significantly" means an amount not to exceed one thousand dollars ($1,000) over the system cost as originally specified and proposed, or a decrease in system efficiency of an amount exceeding 10 percent as originally specified and proposed.0-
34Civil Code - CIV714.(d)(2)"Solar energy system" has the same meaning as defined in paragraphs (1) and (2) of subdivision (a) of Section 801.5.0-
35Civil Code - CIV714.(d)(2)(e)(1)Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed.0-
36Civil Code - CIV714.(d)(2)(e)(2)For an approving entity that is an association, as defined in Section 4080 or 6528, and that is not a public entity, both of the following shall apply:0-
37Civil Code - CIV714.(d)(2)(e)(2)(A)The approval or denial of an application shall be in writing.0-
38Civil Code - CIV714.(d)(2)(e)(2)(B)If an application is not denied in writing within 45 days from the date of receipt of the application, the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information.0-
39Civil Code - CIV714.(d)(2)(f)Any entity, other than a public entity, that willfully violates this section shall be liable to the applicant or other party for actual damages occasioned thereby, and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($1,000).0-
40Civil Code - CIV714.(d)(2)(g)In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney's fees.0-
41Civil Code - CIV714.(d)(2)(h)(1)A public entity that fails to comply with this section may not receive funds from a state-sponsored grant or loan program for solar energy.0-
42Civil Code - CIV714.(d)(2)(h)(1)A public entity shall certify its compliance with the requirements of this section when applying for funds from a state-sponsored grant or loan program.0-
43Civil Code - CIV714.(d)(2)(h)(2)A local public entity may not exempt residents in its jurisdiction from the requirements of this section.0-
44Civil Code - CIV714.1.(a)Notwithstanding Section 714, an association may impose reasonable provisions that:0-
45Civil Code - CIV714.1.(a)(1)Restrict the installation of solar energy systems in common areas to those systems approved by the association.0-
46Civil Code - CIV714.1.(a)(2)Require the owner of a separate interest to obtain the approval of the association for the installation of a solar energy system in a separate interest owned by another.0-
47Civil Code - CIV714.1.(a)(3)Provide for the maintenance, repair, or replacement of roofs or other building components.0-
48Civil Code - CIV714.1.(a)(4)Require installers of solar energy systems to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of the solar energy system.0-
49Civil Code - CIV714.1.(a)(4)(b)An association shall not:0-
50Civil Code - CIV714.1.(a)(4)(b)(1)Establish a general policy prohibiting the installation or use of a rooftop solar energy system for household purposes on the roof of the building in which the owner resides, or a garage or carport adjacent to the building that has been assigned to the owner for exclusive use.0-
1Civil Code - CIV707 The time when the enjoyment of property is to begin or end may be determined by computation, or be made to depend on events.0-
2Civil Code - CIV707In the latter case, the enjoyment is said to be upon condition.0-
3Civil Code - CIV708 Conditions are precedent or subsequent.0-
4Civil Code - CIV708The former fix the beginning, the latter the ending, of the right.0-
5Civil Code - CIV709 If a condition precedent requires the performance of an act wrong of itself, the instrument containing it is so far void, and the right cannot exist.0-
6Civil Code - CIV709If it requires the performance of an act not wrong of itself, but otherwise unlawful, the instrument takes effect and the condition is void.0-
7Civil Code - CIV710 Section Seven Hundred and Ten.0-
8Civil Code - CIV710Conditions imposing restraints upon marriage, except upon the marriage of a minor, are void; but this does not affect limitations where the intent was not to forbid marriage, but only to give the use until marriage.0-
9Civil Code - CIV711Conditions restraining alienation, when repugnant to the interest created, are void.0-
10Civil Code - CIV711.5.(a)Notwithstanding the provisions of Sections 711 and 1916.5, a state or local public entity directly or indirectly providing housing purchase or rehabilitation loans shall have the authority to deny assumptions, or require the denial of assumptions, by a subsequent ineligible purchaser or transferee of the prior borrower of the obligation of any such loan made for the purpose of rehabilitating or providing affordable housing.0-
11Civil Code - CIV711.5.(a)If such a subsequent purchaser or transferee does not meet such an entity's eligibility requirements, that entity may accelerate or may require the acceleration of the principal balance of the loan to be all due and payable upon the sale or transfer of the property.0-
12Civil Code - CIV711.5.(b)As a condition of authorizing assumption of a loan pursuant to this section, the entity may recast the repayment schedule for the remainder of the term of the loan by increasing the interest to the current market rate at the time of assumption, or to such lower rate of interest as is the maximum allowed by an entity that provided any insurance or other assistance which results in an assumption being permitted.0-
13Civil Code - CIV711.5.(b)Any additional increment of interest produced by increasing the rate of interest upon a loan pursuant to this subdivision shall be transmitted or forwarded to the entity for deposit in the specified fund from which the loan was made, or, if no such fund exists, or the public entity has directed otherwise, then to the general fund of such entity.0-
14Civil Code - CIV711.5.(c)The state or local public entity providing assistance as specified in this section may implement appropriate measures to assure compliance with this section.0-
15Civil Code - CIV712.(a)Every provision contained in or otherwise affecting a grant of a fee interest in, or purchase money security instrument upon, real property in this state heretofore or hereafter made, which purports to prohibit or restrict the right of the property owner or his or her agent to display or have displayed on the real property, or on real property owned by others with their consent, or both, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and do not adversely affect public safety, including traffic safety, and which advertise the property for sale, lease, or exchange, or advertise directions to the property, by the property owner or his or her agent is void as an unreasonable restraint upon the power of alienation.0-
16Civil Code - CIV712.(b)This section shall operate retrospectively, as well as prospectively, to the full extent that it may constitutionally operate retrospectively.0-
17Civil Code - CIV712.(c)A sign that conforms to the ordinance adopted in conformity with Section 713 shall be deemed to be of reasonable dimension and design pursuant to this section.0-
18Civil Code - CIV713.(a)Notwithstanding any provision of any ordinance, an owner of real property or his or her agent may display or have displayed on the owner's real property, and on real property owned by others with their consent, signs which are reasonably located, in plain view of the public, are of reasonable dimensions and design, and do not adversely affect public safety, including traffic safety, as determined by the city, county, or city and county, advertising the following:0-
19Civil Code - CIV713.(a)(1)That the property is for sale, lease, or exchange by the owner or his or her agent.0-
20Civil Code - CIV713.(a)(2)Directions to the property.0-
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