HOUSE BILL No. 1839
DIGEST OF INTRODUCED BILL
Synopsis: Outdoor lighting pollution control. Regulates outdoor
lighting. Establishes a division of outdoor light pollution control.
Makes a violation of the outdoor lighting pollution control law a Class
Effective: July 1, 2003.
January 23, 2003, read first time and referred to Committee on Commerce and Economic
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
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will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2002 Regular or Special Session of the General Assembly.
HOUSE BILL No. 1839
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 22-15-2-3; (03)IN1839.1.1. -->
, AS AMENDED BY P.L.119-2002,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 3. (a) The state building commissioner shall
organize the office into the following divisions:
(1) A division of code enforcement to carry out section 7 of this
chapter and IC 22-15-4 and to encourage the development of
building law enforcement programs in other state agencies and in
every political subdivision.
(2) A division of plan review to carry out
(3) A division of elevator safety, the duties of which include
inspections of regulated lifting devices as required under
and regulated amusement devices under
(4) A division of boiler and pressure vessel safety to carry out
(5) A division of outdoor light pollution control to carry out
(b) Inspections of regulated boilers shall be conducted by inspectors
(c) The state building commissioner may assign duties that are not
described in subsection (a) to any division within the office.
(d) The state building commissioner shall appoint the personnel in
the office under
(e) The state building commissioner shall appoint a chief deputy
state building commissioner. The appointee must be approved by the
executive director of the department. The chief deputy may exercise
any of the state building commissioner's responsibilities in the
SOURCE: IC 22-15-2-4; (03)IN1839.1.2. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. (a) The state
building commissioner shall appoint a director to each of the divisions
established by section 3 of this chapter. These directors serve at the
pleasure of the state building commissioner.
(b) The director of the division of code enforcement must be:
(1) a registered architect or professional engineer, qualified in the
design and construction of Class 1 structures; or
(2) qualified by experience in the administration of building laws.
(c) The director of the division of plan review must be a registered
architect or professional engineer, qualified in the design and
construction of Class 1 structures.
(d) The director of the division of elevator safety must have at least
ten (10) years experience in the design, construction, repair, or
inspection of regulated lifting devices.
(e) The director of the division of boiler and pressure vessel safety
(1) be a professional engineer registered under IC 25-31 or pass
a written and oral examination given by the office to determine
the director's technical and administrative competence;
(2) have administrative experience; and
(3) pass the examination required under
licensure as a boiler and pressure vessel inspector.
(f) The director of the division of outdoor light pollution control
(1) a professional engineer; or
(2) qualified by experience in electrical installation and
SOURCE: IC 22-15-2-7; (03)IN1839.1.3. -->
, AS AMENDED BY P.L.119-2002,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2003]: Sec. 7. (a) The office shall carry out a program to
enforce all laws described by one (1) or more of the following:
(1) Building laws and related variances and other orders that
apply to Class 1 structures.
(2) Building laws and related variances and other orders that
apply to industrialized building systems.
(3) Building laws and related variances and other orders that
apply to mobile structures.
(4) Building laws, equipment laws, and related variances and
other orders that apply to regulated lifting devices.
(5) Equipment laws and related variances and other orders.
(6) Building law and related variances and other orders that
apply to regulating outdoor lighting.
(b) The office shall coordinate its enforcement program with the
enforcement program conducted by the office of the state fire marshal
under IC 22-14. The state building commissioner may authorize the
office of the state fire marshal to carry out an enforcement function for
SOURCE: IC 22-15-8; (03)IN1839.1.4. -->
IS ADDED TO THE INDIANA CODE AS
CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 8. Outdoor Lighting Pollution Control
Sec. 1. This chapter does not apply to the following outdoor
(1) Temporary lighting required for construction projects and
related to road construction and repair, installation of sewer
and water facilities, and other public infrastructure.
(2) Temporary emergency lighting used by the police, fire
departments, or other emergency services.
(3) Hazard warning luminaires required by federal law and
regulatory agencies, if the luminaires are red and as close as
possible to the minimum required lumen output for the task
under federal law.
(4) Seasonal and decorative lighting displays that use multiple
low wattage bulbs.
Sec. 2. The following definitions apply throughout this chapter:
(1) "Building official" means the state building commissioner
or a designee of the state building commissioner who works in
the office of the state building commissioner.
(2) "Flood or spotlight" means a light fixture or lamp that
incorporates a reflector or refractor to concentrate the light
output into a directed beam in a particular direction.
(3) "Lamp" means the component of a luminaire that
produces actual light.
(4) "Luminaire" means a complete lighting system, which
includes a lamp or lamps and a fixture.
(5) "Outdoor lighting" means nighttime illumination of an
outside area or object by any human-made device located
outdoors that produces light by any means.
(6) "Outdoor lighting fixture" means outdoor electrically
powered illuminating devices, outdoor lighting or reflective
surfaces, lamps, and similar devices that are permanently
installed or portable and used for illumination, decoration, or
advertisement. These devices include search, spot, and
floodlights at or on the following:
(A) Buildings and structures.
(B) Recreational areas.
(C) Parking lot lighting.
(D) Landscape lighting.
(E) Billboards and other signs.
(F) Street lighting.
(G) Product display area lighting.
(H) Building overhangs and open canopies.
(7) "Person" means an individual, a tenant, a lessee, an
owner, or any commercial entity, including a firm, business,
partnership, joint venture, or corporation.
(8) "Temporary outdoor lighting" means the specific
illumination of an outside area of objects by any human-made
device located outdoors that produces light by any means for
a period of less than thirty (30) days, with at least one
hundred eighty (180) days passing before it is used again.
Sec. 3. All public and private outdoor lighting installed in
Indiana must conform with the requirements of this chapter.
Sec. 4. A new outdoor lighting fixture may not project more
than three percent (3%) of its light rays above the horizon from the
lamp, the lamp's lens structure, or any associated reflector.
Sec. 5. Where practicable, lighting must include timers,
dimmers, and sensors to reduce overall energy consumption.
Sec. 6. Electrical service to outdoor lighting fixtures must be
underground unless the fixtures are mounted directly on utility
Sec. 7. (a) An outdoor lighting fixture used to illuminate outdoor
advertising signs, including street signs and directive signs, must
be mounted on top of the sign structure.
(b) An outdoor lighting fixture used to illuminate any outdoor
advertising sign, street sign, or directive sign may not cause light
to spill beyond the boundaries of the sign.
Sec. 8. A person may not direct any light onto an adjacent
property either directly or indirectly without express permission
of the adjacent property owner.
Sec. 9. (a) An applicant for any permit required by a state or
local law, in connection with proposed work involving outdoor
lighting fixtures in subdivisions, shall submit evidence that the
proposed work will comply with this chapter.
(b) The application must contain evidence required by state or
local laws for the applicable permit and the following:
(1) A plan of the location on the premises and the type of
illuminating devices, fixtures, lamp supports, reflectors, and
(2) A description of the illuminating devices, fixtures, lamps,
supports, reflectors, and other devices.
(3) Photometry data showing the angle of cutoff or light
(c) The plan examiner shall determine if a person is in
compliance with this chapter.
(d) If the plan examiner is unable to determine if a person is in
compliance with this chapter, the applicant must submit certified
reports of tests performed and certified by a recognized testing
(e) If a housing subdivision proposes to install street or other
common or public area outdoor lighting, the final plan must
contain a statement certifying that the plan will conform to this
(f) If a housing subdivision changes an outdoor lighting fixture
or other outdoor lighting after the permit has been issued, a change
request and evidence of compliance with this chapter must be
submitted to the building official for approval.
Sec. 10. (a) A person may not install, sell, offer to sell, lease, or
purchase a mercury vapor fixture, lamp, or other device for
outdoor lighting use.
(b) Mercury vapor lamps or fixtures used for outdoor lighting
must be removed before July 1, 2006.
Sec. 11. A person may not install, sell, offer to sell, lease, or
purchase a low pressure sodium, high pressure sodium, metal
halide, fluorescent, quartz, or incandescent outdoor lighting
fixture, lamp, or other device.
Sec. 12. A person may not use a laser source light or a similar
high intensity light projected not greater than twenty (20) degrees
below the horizontal for outdoor advertising or entertainment.
Sec. 13. (a) A person may not use searchlights for advertising
(b) A person may not use electrical illumination of outdoor
advertising offsite signs between 11 p.m. and 7 a.m.
Sec. 14. (a) Except as provided in subsection (c), outdoor
lighting may not be used for public or private outdoor recreational
facilities, including football fields, soccer fields, baseball fields,
softball fields, tennis courts, auto race tracks, horse race tracks, ski
slopes, or show areas unless the following conditions are met:
(1) Lighting for parking lots and other areas surrounding the
recreational facility comply with this chapter.
(2) The fixtures used for event lighting are fully shielded or
designed with sharp cutoff capability to prohibit upward
light, spill light, light trespass, and glare.
(3) The event is scheduled to complete all activity before or as
near to 10 p.m. as practical.
(b) A person may not illuminate a playing field, court, slope, or
track after 11 p.m. except to conclude a scheduled event that was
in progress before 11 p.m. and if circumstances prevented the
event from concluding before 11 p.m.
(c) A recreational facility located along roads and streets
designated as scenic routes may be lighted using only approved
Sec. 15. (a) Outdoor lighting may not be used for lighting
outdoor display lots, including automobile sales or rentals,
recreational vehicle sales, or building material sales unless the
following conditions are met:
(1) Lighting of parking lots and other areas surrounding the
display lot comply with this chapter.
(2) Fixtures used for display lighting are fully shielded or
designed with sharp cutoff capability to prohibit upward
light, spill light, light trespass, or glare.
(3) Display lot lighting is turned off within thirty (30) minutes
after closing the business.
(b) A person may not fully illuminate a lot after 11 p.m.
(c) Security lighting may be used after 11 p.m.
Sec. 16. (a) A person may submit a written request on a form
prepared by the division of outdoor light pollution control to the
building official for a temporary exemption request.
(b) A temporary exemption request must contain the following
(1) Specific exemption or exemptions requested.
(2) Type and use of the outdoor light fixture involved.
(3) Duration of time requested.
(4) Type of lamp and calculated lumens.
(5) Total wattage of lamp or lamps.
(6) Proposed location on premises of the light fixture.
(7) Previous temporary exemptions and addresses of
(8) Physical size of the light fixture and type of shielding.
(9) Other data and information as may be required by the
Sec. 17. (a) The building official shall approve or deny an
exception or request additional information not more than five (5)
business days from the date of submission of the request for
(b) If approved, the exemption is valid for not more than thirty
(30) days from the date of issuance.
(c) The approval is renewable at the discretion of the building
official. Each renewed exemption is valid for not more than thirty
Sec. 18. (a) If the building official denies the request for
temporary exemption, the person requesting the exemption may
appeal the decision under IC 22-12-7.
(b) A person substantially aggrieved by a decision of the
building official made in administration of this article may appeal
the decision under IC 22-12-7.
Sec. 19. A person who violates this chapter:
(1) commits a Class B infraction; and
(2) is subject to orders issued under and sanctions imposed
under IC 22-12-7.
SOURCE: ; (03)IN1839.1.5. -->
SECTION 5. [EFFECTIVE JULY 1, 2003] (a) An existing outdoor
structure must conform with the requirements set forth in
IC 22-15-8, as added by this act, before July 1, 2008.
(b) This SECTION expires July 2, 2008.