N.Y. Comp. Codes R. & Regs. tit. 9 § 312.3

Current through Register Vol. 46, No. 50, December 11, 2024

Section 312.3 - Restrictions and Exemptions

(a) No State agency operating in the State shall install or cause to be installed any new or replacement permanent outdoor fixture unless the following conditions are met:

(1) In the case of roadway lighting or parking-lot lighting, whether mounted to poles, buildings or other structures, the fixture is fully shielded.

(2) In the case of building-mounted fixtures not specifically intended for roadway lighting, parking-lot lighting, or facade lighting, the fixture is fully shielded when its initial fixture lumens is greater than 3,000 lumens.

(3) In the case of facade lighting, the fixture is shielded to reduce glare, sky glow, and light trespass to the greatest extent possible.

(4) In the case of ornamental roadway lighting fixtures, the fixture allows no more than 700 lumens from the fixture above a horizontal plane through the fixture's lowest light emitting part.

(5) For illumination by new permanent outdoor fixtures for applications described in paragraph (1), (2), (3) or (4) of this subdivision, only illuminance levels that are no greater than those required for the intended purpose may be used, in accordance with the industry standards set forth in Section 312.4.

(6) In the case of roadway lighting unassociated with intersections of two or more streets or highways, the Department of Transportation has determined that the purpose of the lighting installation or replacement cannot be achieved by installation of reflectorized roadway markers, lines, warnings or informational signs, or other passive means.

(b) This Part shall not apply:

(1) if a federal law, rule or regulation preempts State law;

(2) if the outdoor lighting fixture is used temporarily by emergency personnel requiring additional illumination for emergency procedures or temporarily used by repair personnel for road repair;

(3) to navigational lighting systems and other lighting necessary for aviation and nautical safety;

(4) to lighting for athletic playing areas; provided, however, that all such lighting shall be selected and installed to shield the lamp or lamps from direct view and to minimize upward lighting and glare to the greatest extent possible;

(5) if the State agency determines a safety or security need exists that cannot be addressed by any other method;

(6) to the replacement of a previously installed permanent outdoor fixture that is destroyed, damaged or inoperative, has experienced electrical failure due to failed components, or requires standard maintenance;

(7) to lighting intended for tunnels and roadway underpasses; or

(8) if the combined cost of acquiring and operating a fixture complying with paragraphs (1), (2), and (3) of subdivision (a) of this section is more than 15% greater than the cost of acquiring and operating comparable non-compliant fixtures over the life of the lighting system and if a writ- ten determination with findings has been made that no compliant fixture exists that would meet the cost limitation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 312.3

Adopted New York State Register October 5, 2016/Volume XXXVIII, Issue 40, eff. 10/5/2016