Exceptions

Exceptions. This Act does not apply if: (1) the luminaires are on a structure or land that is owned, supported, funded, leased, or managed by the State in a county or municipality that, by ordinance or resolution, has adopted provisions that are equal to or more stringent than the provisions of this Act; (2) a federal law or regulation preempts this Act; (3) a State agency determines a safety or security need exists that cannot be addressed by any other method; (4) fire, police, rescue, or repair personnel need light for temporary emergencies or road repair work; (5) it has been determined that a reasonable safety and security interest exists at correctional or hospital facilities that cannot be addressed by another method as long as it complies with existing standards, specifications, or policies; (6) navigational lighting systems and other lighting are necessary to comply with Federal Aviation Administration airside operations or nautical safety; (7) lamps greater than 2,700 Kelvin are used on active sports grounds or show grounds, but only for the duration of a practice, match, or event. Lamps emitting greater than 2,700 Kelvin under this paragraph must be positioned, angled, or shielded to prevent direct glare and light trespass onto neighboring property or properties, and the positioning, angling, or shielding must limit upward light emission to only the amount necessary to light the sporting or grounds activity; (8) flagpoles installed after the effective date of this Act are lit by means of a downward-facing lamp and using a lamp of 2,700 Kelvin or lower; (9) flagpoles installed on or before the effective date of this Act are upward-lit by partially shielded or unshielded luminaires using a lamp of 2,200 Kelvin or lower to minimize the impact of glare, light trespass, and sky glow and are converted to conform to requirements upon retrofitting; (10) the luminaries are existing decorative and ornamental lighting that serve historical purposes, but replacement luminaries for the existing decorative and ornamental lighting must meet the standards of this Act; or (11) the luminaries are temporary seasonal holiday lighting lasting no longer than 45 days surrounding the holiday season.(Source: P.A. 103-1007, eff. 1-1-25.)