(1) After consultation with the Building Codes Structures Board or with the Construction Industry Energy Board, the Director of the Department of Consumer and Business Services, as provided in this chapter, shall establish maximum lighting standards for public buildings constructed on or after July 1, 1978. Such standards may distinguish between type of design, the uses to which buildings are put, location, age or any other applicable classification.

(2) Such standards shall allow for:

(a) Differences in lighting levels within public buildings for special areas and uses, including but not limited to hospital, drafting room, and advertising display, and for other areas and activities requiring special illumination.

(b) The interaction between lighting and heating systems.

(c) Occupational safety and health standards.

(3) The director may by rule or order exempt from the maximum lighting standards, new public buildings or portions thereof that:

(a) Are of insufficient size to warrant maximum lighting standard regulations;

(b) Should be allowed a specific period of time before compliance with maximum lighting standards is required;

(c) Are difficult or impractical to regulate based upon location;

(d) Are not open to the public during normal business hours;

(e) Are impractical to regulate, based upon unique design; or

(f) Would not be benefited by regulation, based upon the insignificant amount of energy possible to conserve.

(4) Any person subject to ORS § 455.560 to 455.580 may apply to the director for an exemption under this section. [Formerly 456.747; 2009 c.567 § 7]