Me. Stat. tit. 5 § 1769

Current through 131st (2023-2024) Legislature Chapter 684
Section 1769 - Outdoor lighting
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Direct light" means light emitted directly from a lamp off a reflector or through a refractor of a luminaire. [1991, c. 481, §1(NEW).]
B. "Fixture" means the assembly that holds the lamp and may include an assembly housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror and a refractor or lens. [1991, c. 481, §1(NEW).]
C. "Footcandle" means an illuminance equal to one lumen per square foot. [1991, c. 481, §1(NEW).]
D. "Full cutoff luminaire" means a luminaire that allows no direct light emissions above a horizontal plane through the luminaire's lowest light-emitting part. [1991, c. 481, §1(NEW).]
E. "Glare" means direct light emitting from a luminaire that causes reduced vision or momentary blindness. [1991, c. 481, §1(NEW).]
F. "Illuminance" means the level of light measured at a surface. [1991, c. 481, §1(NEW).]
G. "Lamp" means the component of a luminaire that produces the light. [1991, c. 481, §1(NEW).]
H. "Light trespass" means light emitted by a luminaire that shines beyond the boundaries of the property on which the luminaire is located. [1991, c. 481, §1(NEW).]
I. "Lumen" means a unit of measurement of luminous flux. [1991, c. 481, §1(NEW).]
J. "Luminaire" means the complete lighting system, including the lamp and the fixture. [1991, c. 481, §1(NEW).]
K. "Permanent outdoor luminaire" means any luminaire or system of luminaires that is outdoors and that is intended to be used for 7 days or longer. [1991, c. 481, §1(NEW).]
L. "State funds" means any bond revenues or any money appropriated or allocated by the Legislature. [1991, c. 481, §1(NEW).]

[1991, c. 481, §1(NEW).]

2.Permanent outdoor luminaires. A person may not use any state funds to install or replace any permanent outdoor luminaire unless:
A. The luminaire is a full cutoff luminaire when the rated output of the luminaire is greater than 1,800 lumens; [1991, c. 481, §1(NEW).]
B. The luminaire's maximum illuminance does not exceed the minimum illuminance recommended for that purpose by the Illuminating Engineering Society of America or the federal Department of Transportation; and [1991, c. 481, §1(NEW).]
C. The Director of the Bureau of General Services ensures that consideration is given to minimizing glare and light trespass. [2011, c. 691, Pt. B, §18(AMD).]

[2011, c. 691, Pt. B, §18(AMD).]

3.Exceptions. Exceptions from the provisions of this section are permitted only when:
A. Federal laws, rules and regulations take precedence over these provisions; or [1991, c. 481, §1(NEW).]
B. The Director of the Bureau of General Services determines that there is a compelling safety interest that can not be addressed by any other method. [2011, c. 691, Pt. B, §19(AMD).]

[2011, c. 691, Pt. B, §19(AMD).]

5 M.R.S. § 1769

Amended by 2012, c. 691,§ B-19, eff. 5/22/2012.
Amended by 2012, c. 691,§ B-18, eff. 5/22/2012.
RR 1991, c. 1, § 6 (RNU) . 1991, c. 481, § 1 (NEW) .