[BoulderCouncilHotline] Outdoor Lighting Standards in Mobile Home Parks

[Gehr, David]

Dear Council Members,

At the June 4 council meeting, questions were asked about whether the outdoor lighting requirements (often called the "dark sky ordinance") in § 9-9-16, B.R.C. 1981<https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT9LAUSCO_CH9DEST_9-9-16LIOU>, can be enforced in the city's mobile home parks.  As explained below, the dark sky ordinance does apply to mobile home parks.  This means that the city ordinance requires certain measures be taken to reduce light pollution at the property line of the park.  However, the light pollution standards of the dark sky ordinance cannot be enforced against individual units within a mobile home park unless there are actual property lines between mobile home lots.  The design standards for light fixtures and lighting maximums for fixtures can be applied within a mobile home park.

Boulder Revised Code Requirements for Outdoor Lighting

The Boulder Revised Code outdoor lighting requirements apply to mobile home parks.  There are no exemptions for mobile homes or land that has mobile home park zoning.  These land uses and zoning classifications are subject to the residential zoning district standards of the lighting requirements.  Lighting is generally located either on poles or is attached to buildings.  Lighting that is not attached to mobile homes is not tied to any federal manufactured home requirements and is subject to local regulation.  It appears that lighting attached to mobile homes is also subject to local regulations and is not pre-empted by federal laws related to manufactured housing.

There are two sets of requirements in the outdoor lighting ordinance which includes design standards for light fixtures and light levels at the property lines.


  *   The outdoor light fixtures must meet the design standards in § 9-9-16(d) and (e), B.R.C. 1981<https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT9LAUSCO_CH9DEST_9-9-16LIOU>.  For residential properties, those standards include light shielding requirements, the maximum amount of light that can be permitted from a shielded or unshielded light source, size and type of light sources, and maximum illumination standards for entries, to name a few.


  *   There are also light pollution requirements related to lighting levels at property lines in § 9-9-16(d)(1), B.R.C. 1981<https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT9LAUSCO_CH9DEST_9-9-16LIOU>.  The maximum light level at any point on a property line cannot exceed 0.1 foot-candles in a residential zone.  These standards would apply to the outer boundaries of the mobile home park, or the boundaries of public rights of way.  These standards do not apply to light levels between mobile homes in the same park unless there are actual property lines.  The same result would be in the case of an apartment complex or any single property that might have multiple buildings located on it.  The purpose of these standards is to reduce light pollution, glare, and light trespass at the property line.


There is also an exemption in the dark sky ordinance for lighting within public rights-of-way, historic lighting and ornamental lighting.  A complete list of exceptions and exemptions can be found in § 9-9-16(i) and (j), B.R.C. 1981<https://library.municode.com/co/boulder/codes/municipal_code?nodeId=TIT9LAUSCO_CH9DEST_9-9-16LIOU>.

More information on the roll out of the outdoor lighting standards can be found on the city's website<https://bouldercolorado.gov/plan-develop/outdoor-lighting-ordinance>.

The National Manufactured Housing Construction and Safety Standards Act of 1974

The federal government has pre-empted the city's ability to regulate some aspects related to manufactured housing.  The types of regulations pre-empted are construction and safety regulations.  The National Manufactured Housing Construction and Safety Standards Act of 1974 (the Act) and HUD regulations are clear that the Act pre-empts local "construction and safety" standards for manufactured homes.  These terms are defined more precisely in the Act: "construction and safety standards" are defined as reasonable standards for the construction, design and performance of manufactured homes which meet the needs of the public, "including the need for quality, durability and safety."  "Construction" means activities related to the "assembly and manufacture" of the home.  "Safety" means the home's performance such that the public "is protected against any unreasonable risk of the occurrence of accidents due to the design or construction" of the home.

Local regulations that do not overlap with the Act's consumer protection and public safety goals-for example, aesthetic requirements-are outside of the scope of the Act, and, therefore, are not pre-empted.  Courts have allowed cities to enforce various aesthetic ordinances on mobile homes, including restrictions on mobile home age, roof slope, pitch and material, exterior siding materials, and zoning as it relates to "placement of a [mobile] home without regard to the federally-required construction and safety standards for the home itself."

The outdoor lighting standards in § 9-9-16 are primarily aesthetic regulations that do not overlap with mobile home construction and safety standards in the HUD regulations, does not regulate consumer safety with regard to mobile homes, and does not present an obstacle to the Act's goals.  Therefore, B.R.C. § 9-9-16 is most likely not pre-empted and is enforceable on existing mobile homes, new mobile homes and within mobile home parks.

Best,
David

David J Gehr
Chief Deputy City Attorney
[City%20Attorney]
O: (303) 441-3020
gehrd at bouldercolorado.gov


Boulder City Attorney's Office
1777 Broadway, 2nd Floor | Boulder, CO 80302
Bouldercolorado.gov<http://www.bouldercolorado.gov/>

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