Lighting: New Obligations

A 2018 decree regulates lighting to limit light pollution, imposing switch-off times and prohibitions for certain types of lighting.

Marie Faucon
Consultante HSE
Publication : 
08.07.2019
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

To combat light pollution caused by certain lighting installations,lighting, a decree dated December 27, 2018 [1] sets technical requirements regarding the design and operation of lighting. It reiterates the provisions set out in the decree of January 25, 2013 [2] concerning illumination and extinction and supplements them.

Note: Illuminated signs are not covered; they must comply with the provisions of Article R. 581-59 of the Environmental Code.

Lighting installations commissioned after the 1st January 2020 must comply with all the requirements of the decree.

We will present the provisions applicable to lighting installations commissioned before the 1st January 2020.

Note: The prefect may issue stricter requirements for nature reserves and their protection zones, as well as for regional nature parks, marine nature parks, and classified territories of municipalities that have adhered to the national park charter.

1. Lighting and Extinction Rules:

The installations concerned are

  • oflighting non-residential building lighting = non-residential building lighting, covering both the illumination of buildings and interior lighting emitted outwards from these same buildings, excluding toll booths;
  • outdoor lighting related to an economic activity and located in an enclosed, uncovered or semi-covered space = outdoor lighting intended to promote the safety of movement, people and property, and the comfort of users in public or private spaces, particularly roadways, excluding vehicle lighting and signaling devices, tunnel lighting, lighting installations established to ensure aeronautical safety, railway safety, maritime safety, and river safety;
  • lighting for uncovered or semi-covered car parks annexed to a place or activity zone;
  • outdoor construction site lighting;
  • lighting for the illumination of heritage, built environment, and parks and gardens (private and public gardens accessible to the public or belonging to businesses, social landlords, or co-ownerships);
  • lighting for outdoor or retractable sports facilities.

NON-RESIDENTIAL BUILDING LIGHTING

Lighting conditions: (*) at sunset at the earliest,

Relighting conditions: For interior lighting of premises for professional use: at 7 AM at the earliest or 1 hour before the start of activity if it begins earlier. (*) For commercial or exhibition shop windows: at 7 AM at the earliest or 1 hour before the start of activity if it begins earlier,

Extinction conditions: (*) At 1 AM at the latest. (*) For interior lighting of premises for professional use: at the latest 1 hour after the end of occupation of these premises. (*) For commercial or exhibition shop windows: at 1 AM at the latest or 1 hour after the cessation of activity if it is later,

Applicability: Since December 29, 2018.

OUTDOOR LIGHTING related to an economic activity and located in an enclosed, uncovered or semi-covered space

Lighting conditions: no conditions,

Relighting conditions: at 7 AM at the earliest or 1 hour before the start of activity if it begins earlier,

Shutdown conditions: No later than 1 hour after the cessation of activity,

Applicability: If a separate power supply network is not required, applicable from January 1, 2021.

LIGHTING FOR UNCOVERED OR SEMI-COVERED PARKING LOTS attached to a business premises or activity zone

Turn-on conditions: No earlier than sunset,

Relighting conditions: No earlier than 7 AM or 1 hour before the start of activity if it begins earlier,

Shutdown conditions: 2 hours after the cessation of activity,

Applicability: If a separate power supply network is not required, applicable from January 1, 2021.

LIGHTING FOR OUTDOOR CONSTRUCTION SITES

Turn-on conditions: No earlier than sunset,

Relighting conditions: No conditions,

Shutdown conditions: No later than 1 hour after the cessation of activity,

Applicability: If a separate power supply network is not required, applicable from January 1, 2021.

ILLUMINATION OF HERITAGE SITES, BUILT ENVIRONMENT, AND PARKS AND GARDENS

Turn-on conditions: No earlier than sunset,

Relighting conditions: No conditions,

Shutdown conditions: No later than 1 AM. For parks and gardens, no later than 1 hour after their closing,

Applicability: If a separate power supply network is not required, applicable from January 1, 2021.

These requirements can be adapted when lighting is coupled with presence detection devices and natural light control systems.

(*) These requirements are taken from the order of January 25, 2013, and have therefore been applicable since the 1st July 2013.

Note: adaptations and exemptions may be granted by mayors and prefects in certain cases.

2. Proportion of light emitted above the horizontal (= skyward lighting):

As of January 1st 2020, for outdoor lighting and parking lot lighting that allows for adjustment:

– on site, the lighting installation must comply with the mounting conditions recommended by the manufacturer and must ensure a proportion of light emitted above the horizontal strictly less than 4% as of January 1st 2020.

– when acquiring a luminaire, it must be ensured that the nominal value of the proportion of light emitted by this luminaire above the horizontal is strictly less than 1%.

3. Replacement of lighting installations where the proportion of light emitted by the luminaire above the horizontal in installation conditions exceeds 50%:

These installations must be replaced by luminaires compliant with the order no later than January 1, 2025.

4. Prohibition of light cannons, with fixed or mobile beams, whose luminous flux exceeds 100,000 lm, and laser beam installations in certain areas:

As of December 29, 2018, light cannon installations, with fixed or mobile beams, whose luminous flux exceeds 100,000 lumens, and laser beam installations are prohibited in natural areas and within the perimeter of astronomical observation sites (listed in a second order dated December 27, 2018 [3]), with the exception of equipment necessary for the activities of these observatories.

The prefect may temporarily or permanently prohibit light cannon installations with a luminous flux exceeding 100,000 lumens and laser beam installations in certain areas, to account for the particular sensitivities of wildlife species to the effects of light.

5. Prohibition for lighting: direct illumination of watercourses, public waterways, bodies of water, lakes, ponds, and the public maritime domain (with exceptions):

As of January 1st , 2020, lighting installations must not directly illuminate watercourses, public waterways (DPF), bodies of water, lakes, ponds, or the public maritime domain (DPM) (both land and sea areas):

  • except in cases of labor code requirements concerning port handling professions,
  • and except for safety reasons in traffic and parking areas bordering bodies of water, for a specific event, or under a temporary occupation permit for the DPM or DPF.

Port handling or industrial, commercial, and fishing operational facilities are not concerned, including the body of water immediately adjacent to the facilities, within the DPM and DPF.

6. Lighting: Application to ICPE sites:

Article L. 583-4 of the Environmental Code specifies that provisions regarding the prevention of light pollution do not apply to classified installations ICPE.

For a classified ICPE site, this implies that the provisions of this decree concerning interior lighting or facade lighting do not apply to buildings housing ICPEs or related facilities (for example, a building with a surface treatment workshop classified 2565), but they are applicable to purely administrative buildings (such as offices) with no connection to the ICPE. However, cross-cutting requirements applicable, for instance, to roads or parking lots, may be considered applicable.

A circular dated June 5, 2013 [4] related to the previous decree supports this interpretation. In the absence of a specific circular for the decree of December 27, 2018, it is reasonable to assume that this reasoning remains valid.

In conclusion, we advise you to review your relevant lighting installations (buildings other than classified facilities for environmental protection, car parks, roads, etc.) to plan for their compliance by the various deadlines. You can rely on your installation manuals and the advice of your electricity and lighting provider, especially for the technical aspect concerning the proportion of light emitted above the horizontal.

Note: Non-compliance with these technical requirements may be punishable by a fine of up to €750.

[1] Decree of December 27, 2018, relating to the prevention, reduction, and limitation of light pollution [Official Journal of the French Republic of December 28, 2018]

[2] Decree of January 25, 2013, relating to the nocturnal lighting of non-residential buildings to limit light pollution and energy consumption [Official Journal of the French Republic of January 21, 2013]

[3] Decree of December 27, 2018, setting the list and scope of exceptional astronomical observation sites in application of Article R. 583-4 of the Environmental Code [Official Journal of the French Republic of December 28, 2018]

[4] Circular of June 5, 2013, relating to the nocturnal lighting of non-residential buildings to limit light pollution and energy consumption