§ 143 — Lighting restrictions

§ 143. Lighting restrictions. 1. Definitions. As used in this section:\n a. "Direct light" means light emitted by a fixture from the lamp, from\na reflector, or through a refractor.\n b. "Facade lighting" means permanent outdoor fixtures that are\nspecifically intended to illuminate the exterior surfaces of buildings\nor structures.\n c. "Fully shielded fixture" means a fixture that allows no direct\nlight from the fixture above a horizontal plane through the fixture's\nlowest light-emitting part, in its mounted position.\n d. "Fixture lumens" means total lumens emitted by a fixture.\n e. "Glare" means light emitted by a fixture that causes discomfort or\nreduced visibility.\n f. "Illuminance" means the luminous power incident per unit area of a\nsurface.\n g. "Lamp" means a light bulb or other component of a fixture that\nchanges electricity into visible light.\n h. "Light trespass" means light that falls beyond the property it is\nintended to illuminate.\n i. "Lumen" means a standard unit of measurement of the quantity of\nlight emitted from a lamp.\n j. "Fixture" means a complete lighting unit, including a lamp together\nwith the parts designed to distribute the light, to position and protect\nthe lamp and to connect the lamp to the power supply.\n k. "Ornamental roadway lighting" means a roadway lighting fixture that\nserves a decorative function in addition to a roadway lighting function,\nhaving an historical period appearance or decorative appearance.\n l. "Parking-lot lighting" means permanent outdoor fixtures\nspecifically intended to illuminate uncovered vehicle parking areas.\n m. "Permanent outdoor fixture" means a fixture for use in an exterior\nenvironment installed with mounting not intended for relocation.\n n. "Roadway lighting" means permanent outdoor fixtures specifically\nintended to illuminate public roadways.\n o. "Sky glow" means a condition caused by light directed upwards or\nsideways reducing one's ability to view the night sky.\n p. "State agency" means any state department, office, board,\ncommission, agency, or a public authority or public benefit corporation\nat least one of whose members is appointed by the governor.\n 2. No state agency operating in the state shall install or cause to be\ninstalled any new or replacement permanent outdoor fixture unless the\nfollowing conditions are met:\n a. In the case of roadway lighting or parking-lot lighting; whether\nmounted to poles, buildings or other structures, the fixture is fully\nshielded.\n b. In the case of building-mounted fixtures not specifically intended\nfor roadway lighting, parking-lot lighting, or facade lighting, the\nfixture is fully shielded when its initial fixture lumens is greater\nthan three thousand lumens.\n c. In the case of facade lighting, the fixture is shielded to reduce\nglare, sky glow, and light trespass to the greatest extent possible.\n d. In the case of ornamental roadway lighting fixtures, the fixture\nallows no more than seven hundred lumens from the fixture above a\nhorizontal plane through the fixture's lowest light emitting part.\n e. For illumination by new permanent outdoor fixtures for applications\ndescribed in paragraph a, b, c or d of this subdivision, only\nilluminance levels that are no greater than those required for the\nintended purpose may be used, as established by the commissioner of the\noffice of general services in consultation with the department of\ntransportation and the New York State Energy Research and Development\nAuthority, and given due consideration to lighting industry standards\nand practices.\n f. In the case of roadway lighting unassociated with intersections of\ntwo or more streets or highways, the department of transportation has\ndetermined that the purpose of the lighting installation or replacement\ncannot be achieved by installation of reflectorized roadway markers,\nlines, warnings or informational signs, or other passive means.\n 3. This section shall not apply:\n a. if a federal law, rule or regulation preempts state law;\n b. if the outdoor lighting fixture is used temporarily by emergency\npersonnel requiring additional illumination for emergency procedures or\ntemporarily used by repair personnel for road repair;\n c. to navigational lighting systems and other lighting necessary for\naviation and nautical safety;\n d. to lighting for athletic playing areas; provided, however, that all\nsuch lighting shall be selected and installed to shield the lamp or\nlamps from direct view and to minimize upward lighting and glare to the\ngreatest extent possible;\n e. if the state agency determines a safety or security need exists\nthat cannot be addressed by any other method;\n f. to the replacement of a previously installed permanent outdoor\nfixture that is destroyed, damaged or inoperative, has experienced\nelectrical failure due to failed components, or requires standard\nmaintenance;\n g. to lighting intended for tunnels and roadway underpasses; or\n h. if the combined cost of acquiring and operating a fixture complying\nwith paragraphs a, b and c of this subdivision is more than fifteen\npercent greater than the cost of acquiring and operating comparable\nnon-compliant fixtures over the life of the lighting system and if a\nwritten determination with findings has been made that no compliant\nfixture exists that would meet the cost limitation.\n 4. The office of general services, in consultation with the department\nof transportation and the New York state energy research and development\nauthority, and given due consideration to lighting industry standards\nand practices, shall establish rules and regulations to implement the\nprovisions of this section.\n