New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 312

Executive Department

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9 NYCRR 312.1 - Purpose

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021
Related Register notice
GNS-07-16-00013-A · Adopted rule
Related notice published
Oct 5, 2016
Related notice effective date
Oct 5, 2016

The purpose of this Part is to implement the provisions of section 143 of the Public Buildings Law by setting forth the relevant industry standards with which State agencies must comply when installing new or replacement permanent outdoor lighting fixtures.

9 NYCRR 312.2 - Definitions

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NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021
Related Register notice
GNS-07-16-00013-A · Adopted rule
Related notice published
Oct 5, 2016
Related notice effective date
Oct 5, 2016
(a)Direct light means light emitted by a fixture from the lamp, from a reflector, or through a refractor.
(b)Facade lighting means permanent outdoor fixtures that are specifically intended to illuminate the exterior surfaces of buildings or structures.
(c)Fully shielded fixture means a fixture that allows no direct light from the fixture above a horizontal plane through the fixture’s lowest light-emitting part, in its mounted position.
(d)Fixture lumens means total lumens emitted by a fixture.
(e)Glare means light emitted by a fixture that causes discomfort or reduced visibility.
(f)Illuminance means the luminous power incident per unit area of a surface.
(g)Lamp means a light bulb or other component of a fixture that changes electricity into visible light.
(h)Light trespass means light that falls beyond the property it is intended to illuminate.
(i)Lumen means a standard unit of measurement of the quantity of light emitted from a lamp.
(j)Fixture means a complete lighting unit, including a lamp together with the parts designed to distribute the light, to position and protect the lamp and to connect the lamp to the power supply.
(k)Ornamental roadway lighting means a roadway lighting fixture that serves a decorative function in addition to a roadway lighting function, having an historical period appearance or decorative appearance.
(l)Parking-lot lighting means permanent outdoor fixtures specifically intended to illuminate uncovered vehicle parking areas.
(m)Permanent outdoor fixture means a fixture for use in an exterior environment installed with mounting not intended for relocation.
(n)Roadway lighting means permanent outdoor fixtures specifically intended to illuminate public roadways.
(o)Sky glow means a condition caused by light directed upwards or sideways reducing one’s ability to view the night sky.
(p)State agency means any State department, office, board, commission, agency, or a public authority or public benefit corporation at least one of whose members is appointed by the governor.

9 NYCRR 312.3 - Restrictions and exemptions

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021
Related Register notice
GNS-07-16-00013-A · Adopted rule
Related notice published
Oct 5, 2016
Related notice effective date
Oct 5, 2016
(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 of this Part;
(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 (a)(1), (2), and (3) of this section is more than 15 percent greater than the cost of acquiring and operating comparable non-compliant fixtures over the life of the lighting system and if a written determination with findings has been made that no compliant fixture exists that would meet the cost limitation.

9 NYCRR 312.4 - Industry standards

Source version current through Mar 15, 2023

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Mar 15, 2023
Related Register notice
GNS-07-16-00013-A · Adopted rule
Related notice published
Oct 5, 2016
Related notice effective date
Oct 5, 2016

When installing new or replacement permanent outdoor lighting fixtures, State agencies shall comply with the following industry standards contained within the following publications:

(a)Roadway lighting: Any of the industry standards listed in paragraph (1), (2), or (3) of this subdivision may be used provided the standard contains a guideline for the relevant type of roadway lighting application.
(1)American Association of State Highway and Transportation Officials (AASHTO) – Roadway Lighting Design Guide 6th ed. (October 2005).
(2)Approved American National Standards Institute (ANSI)/Illuminating Engineering Society (IES) – RP-8-14 Roadway Lighting.
(3)IES – DG-19-08 Design Guide for Roundabout Lighting.
(b)Parking-lot lighting: IES – RP-20-14 Lighting for Parking Facilities.
(c)Building facade lighting: IES – The Lighting Handbook, 10th Edition.
(d)Building-mounted fixtures not specifically intended for roadway lighting, parking-lot lighting or building facade lighting: The Lighting Handbook, 10th Edition.

Whenever a State agency uses any of the IES standards identified in this section, such agency shall also refer to The Lighting Handbook, 10th Edition in order to properly interpret such IES standards.

9 NYCRR 312.5 - Incorporation of certain industry standards by reference

Source version current through Sep 15, 2021

A matched Register action is not later than the compiled-text reference date.

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Dates and status
NYCRR title agency
Executive Department
Section status
Section source receipt
Source version current through
Sep 15, 2021
Related Register notice
GNS-07-16-00013-A · Adopted rule
Related notice published
Oct 5, 2016
Related notice effective date
Oct 5, 2016
(a)The following standard of the American Association of State Highway and Transportation Officials (AASHTO) is hereby incorporated by reference, with the same force and effect as if fully set forth at length herein: Roadway Lighting Design Guide 6th ed. (October 2005). This publication is available for public inspection and copying at the New York State Office of General Services, Design & Construction Unit, Corning Tower, Empire State Plaza, Albany, NY 12242. The standard is published by AASHTO and is also available for purchase from AASHTO, 444 North Capitol Street N.W., Suite 249 Washington, DC 20001, (202) 624-5800, or http://www.transportation.org.
(b)The following standards of the Illuminating Engineering Society (IES) are hereby incorporated by reference, with the same force and effect as if fully set forth at length herein: RP-8-14 Roadway Lighting; DG-19-08 Design Guide for Roundabout Lighting; RP-20-14 Lighting for Parking Facilities; and The Lighting Handbook, 10th Edition. These publications are available for public inspection and copying at the New York State Office of General Services, Design & Construction Unit, Corning Tower, Empire State Plaza, Albany, NY 12242. The standards are published by IES and are also available for purchase from IES, 120 Wall Street, Floor 17, New York, New York 10005-4001, (212) 248-5000, or http://www.ies.org/.

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