OUTDOOR LIGHTING
The purpose of this chapter is to regulate outdoor lighting in order to reduce or prevent light pollution. This means to the extent reasonably possible the reduction or prevention of glare and light trespass, the conservation of energy, and promotion of safety and security.
(Ord. No. 4.414, § 1, 1-22-2018)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Area light means light that produces over 2,050 lumens. Area lights include, but are not limited to, street lights, parking lot lights and yard lights.
Automatic timing device means a device that automatically controls the operation of a light fixture or fixtures, circuit or circuits. Photocells and light and/or motion sensors shall be considered automatic-timing devices.
Average foot-candle means the level of light measured at an average point of illumination between the brightest and darkest areas. The measurement can be made at the ground surface or at four to five feet above the ground.
Bulb means the source of electric light. To be distinguished from the whole assembly (see luminaire).
Candela (cd) means unit of luminous intensity.
Eighty-five degree full cut-off type fixtures means fixtures that do not allow light to escape above an 85-degree angle measured from a vertical line from the center of the lamp extended to the ground.
Exterior lighting means temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that are intended to light something outside are considered exterior lighting for the intent of this chapter.
Fixture means the assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
Flood light means light that produces up to 1,800 lumens (See Addendum 1 for Light Output of Various Lamps) and is designed to "flood" a well-defined area with light. Generally, floodlights produce from 1,000 to 1,800 lumens.
Foot-candle means illuminance produced on a surface one foot from a uniform point source of one candela; measured by a light meter.
Full cutoff fixture means a fixture which, as installed, gives no emission of light above a horizontal plane.
Glare means intense light that results in discomfort and/or a reduction of visual performance and visibility.
Holiday lighting means festoon type lights, limited to small individual bulbs on a string, where the output per bulb is no greater than 15 lumens.
IESNA, Illuminating Engineering Society of North America (IES or IESNA) means the professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.
Illuminance means density of luminous flux incident on a surface. Unit is foot-candle or lux.
Illuminating devices means:
(1)
Light fixture types.
a.
Full cutoff fixture types. A fixture which, as installed, gives no emission of light above a horizontal plane.
b.
Floodlights and spotlights. Fixtures defined as having a full beam width or beam spread of less than 110 degrees.
(2)
Lamp types.
a.
Incandescent lamps. Lamps which produce light via an electrically heated metallic filament.
b.
Fluorescent lamps. Lamps that use fluorescence of a phosphor to produce visible light.
c.
High intensity discharge lamps. Lamps, which produce visible light directly by the electrical heating or excitation of a gas. Examples of such lighting include, but are not limited to, metal halide, high pressure sodium, low pressure sodium and mercury vapor. For purposes of this chapter, fluorescent lights are not considered HID lighting.
d.
Light-emitting diode (LED). An electronic light source used instead of light bulbs, for greater illumination and longevity.
e.
Induction lighting. Light generation that is similar to fluorescent light energy and requires less maintenance than conventional fluorescent lamps.
Lamp or bulb means the light-producing source installed in the socket portion of a luminaire.
Light pollution means any adverse effect of manmade light including, but not limited to, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky. Often used to denote urban sky glow.
Light trespass means light emitted by a luminaire falls where it is not wanted or needed or shines beyond the property on which the luminaire is installed.
Lighting means any or all parts of a luminaire that function to produce light.
Lumen means unit of luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. One foot-candle is one lumen per square foot. One lux is one lumen per square meter.
Luminaire means the complete lighting unit, including the lamp, the fixture, and other parts.
Luminance means at a point and in a given direction, the luminous intensity in the given direction produced by an element of the surface surrounding the point divided by the area of the projection of the element on a plane perpendicular to the given direction. Units means candelas per unit area. The luminance is the perceived brightness that we see, the visual effect of the illuminance, reflected, emitted or transmitted from a surface.
Measurement means:
(1)
Lamp output.
a.
Total output. Measurement of total output is in lumens. This should be understood to be the initial lumen value for the lamp.
b.
Illuminance. Measurements of illuminance are expressed in initial lumens per square foot. (A desktop illuminance of 20 initial lumens per square foot is adequate for most purposes.)
In measuring illuminance, the light detector should be pointed directly at the light source or sources. The intervening light path should be free of obstruction.
Outdoor light fixture means an outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to lights used for:
(a)
Parking lot lighting;
(b)
Roadway lighting;
(c)
Buildings and structures;
(d)
Recreational areas;
(e)
Landscape lighting;
(f)
Billboards and other signs (advertising or other);
(g)
Product display area lighting;
(h)
Building or structure decoration;
(i)
Building overhangs and open canopies.
Partially shielded means the bulb of the fixture is shielded by a translucent siding and the bulb is not visible at all. Light may be emitted at the horizontal level of the bulb.
Recessed means when a light is built into a structure or portion of a structure such that the light is fully cut-off and no part of the light extends or protrudes beyond the underside of a structure or portion of a structure.
Shielded means when the light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where light is emitted. The bulb is not visible with a shielded light fixture, and no light is emitted from the sides of the fixture. Also considered a full cut-off fixture.
Spotlight or floodlight means any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction (see definition for floodlight).
Temporary lighting means lighting that is intended to be used for a special event for seven days or less.
Uplighting means lighting that is directed in such a manner as to shine light rays above the horizontal plane.
(Ord. No. 4.414, § 1, 1-22-2018)
(a)
New lighting. All exterior outdoor lighting for new development and redevelopment projects installed after the effective date of the ordinance from which this chapter is derived in any and all zones in the city shall conform with the requirements established by this chapter and other applicable ordinances unless otherwise exempted. This chapter does not apply to indoor lighting.
(b)
Nonconforming uses or structures. If a nonconforming use or structure has been abandoned or is vacant for more than 12 months all lighting on the property must be brought into full compliance before reoccupation or reuse.
(c)
Conformity shall occur prior to issuance of certificate of occupancy.
(d)
Induction or LED lighting lamps are the preferred illumination source throughout the city and their use is required.
(e)
All governmental agencies, federal, state or county, which operate within the city limits of Gladstone should experience no difficulty meeting the requirements of this chapter and are encouraged by the city to comply with its provisions.
(f)
In the event of a conflict with any other chapter of this Code, the more stringent requirement shall apply.
(Ord. No. 4.414, § 1, 1-22-2018)
(a)
Residential fixtures consisting of lamp types of 2,050 lumens and below (the acceptability of a particular light is decided by its lumen output, not wattage. Check manufacturer's specifications). Examples include:
(1)
One hundred watt standard incandescent and less.
(2)
One hundred watt midbreak tungsten-halogen (quartz) and less.
(3)
Twenty-five watt T-12 cool white fluorescent and less.
(4)
Eighteen watt low pressure sodium and less.
(b)
Federally funded and state funded roadway construction projects, are exempted from the requirements of this division only to the extent it is necessary to comply with federal and state requirements.
(c)
Fossil fuel light. Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels is exempt from the provisions of this article.
(d)
Full cutoff street lighting, which is part of a federal, state, or municipal installation.
(e)
Holiday lighting.
(f)
Specialized lighting necessary for safety, such as navigated or runway lighting of airports, or temporary lighting associated with emergency operations, road hazard warnings, etc.
(Ord. No. 4.414, § 1, 1-22-2018)
The provisions of this chapter are not intended to prevent the use of any design, material or method of installation or operation not specifically prohibited by this chapter, provided such alternative design, material or method conforms with the intent of this division and has been approved by the building official. The building official administrator may approve an alternative design provided he finds that:
(a)
It complies with the applicable specific requirements of this division; or
(b)
It has been designed or approved by a registered professional engineer and complies with the purpose of this division.
(Ord. No. 4.414, § 1, 1-22-2018)
All applications for building permits or land use planning review which include installation of outdoor lighting fixtures shall include lighting plans conforming to the provisions of this chapter. The planning director and/or building official shall have the authority to request additional information in order to achieve the purposes of this chapter.
(a)
The submittal shall contain the following information and submitted as part of the site plan to the planning and building department for approval.
(1)
Plans indicating the location, type, intensity, and height of luminaries including both building and ground-mounted fixtures;
(2)
A description of the luminaries, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer;
(3)
Photometric data, such as that furnished by the manufacturer, showing the angle of light emission and the foot-candles on the ground; and
(4)
Additional information as may be required by the city in order to determine compliance with this chapter.
(b)
Applications for single/multi-family residential or other projects where any single outdoor light fixture exceeds (2,050 lumens output) shall be required to comply with subsection (a) above.
(Ord. No. 4.414, § 1, 1-22-2018)
The following general standards shall apply to all outdoor lighting for new development or redevelopment projects, replacement of outdoor city owned lights, and if purchased, leased KCP&L lights installed after the effective date of the ordinance from which this chapter is derived, which is not exempted above:
(a)
Area lights. All area lights, including street lights and parking area lighting, shall be full cutoff fixtures and are encouraged to be 85 degree full cut-off type fixtures. Street lights shall be induction lighting and/or LED lighting, unless otherwise determined by the city that another type is more efficient. Street lights along residential streets shall be limited to 85W induction lighting and/or 90W LED. Street lights along nonresidential streets or at intersections shall be limited to 200W induction and/or 180W LED, except that lights at major intersections on state highways shall be limited to 250W induction and/or 180W LED. If the city permits a light type other than induction or LED, then the equivalent output shall be the limit for the other light type.
(b)
Canopy lights. All lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent property.
(c)
Illumination levels. Illumination levels and uniformity shall be in accordance with current recommended practices of the Illuminating Engineering Society. Recommended standards of the illuminating engineering society shall not be exceeded.
(d)
All outdoor lighting systems shall be designed and operated so that the area ten feet beyond the property line of the premises receives no more than 0.25 of a foot-candle of light from the premises lighting system.
(e)
Temporary lighting. Temporary lighting that conforms to the requirements of this chapter shall be allowed. Nonconforming temporary exterior lighting may be permitted by the building official only after considering:
(1)
The public and/or private benefits which will result from the temporary lighting;
(2)
Any annoyance or safety problems that may result from the use of the temporary lighting; and
(3)
The duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the building official.
(f)
Residential and commercial lighting fixtures. All lights shall be shielded in such a way as to direct all light toward the Earth's surface and away from reflective surfaces. Light fixtures or lamps shall be shielded/shaded in such a manner as to direct incident rays away from all adjacent property.
(Ord. No. 4.414, § 1, 1-22-2018)
(a)
Newly installed fixtures, which are not full-cutoff fixtures.
(b)
Lighting which presents a clear hazard to motorists, cyclists, or pedestrians.
(c)
Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited.
(d)
Lighting resembling emergency vehicles for the purpose of public safety service calls.
(Ord. No. 4.414, § 1, 1-22-2018)
If an application is denied, an individual shall have the right of appeal to the board of zoning adjustments. The fee for an appeal shall be the same as a variance request application.
(Ord. No. 4.414, § 1, 1-22-2018)
This chapter may be enforced on the basis of a formal complaint filed in writing with the city.
(Ord. No. 4.414, § 1, 1-22-2018)
See Title 1, section 1.100.140 of this Code.
(Ord. No. 4.414, § 1, 1-22-2018)
OUTDOOR LIGHTING
The purpose of this chapter is to regulate outdoor lighting in order to reduce or prevent light pollution. This means to the extent reasonably possible the reduction or prevention of glare and light trespass, the conservation of energy, and promotion of safety and security.
(Ord. No. 4.414, § 1, 1-22-2018)
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Area light means light that produces over 2,050 lumens. Area lights include, but are not limited to, street lights, parking lot lights and yard lights.
Automatic timing device means a device that automatically controls the operation of a light fixture or fixtures, circuit or circuits. Photocells and light and/or motion sensors shall be considered automatic-timing devices.
Average foot-candle means the level of light measured at an average point of illumination between the brightest and darkest areas. The measurement can be made at the ground surface or at four to five feet above the ground.
Bulb means the source of electric light. To be distinguished from the whole assembly (see luminaire).
Candela (cd) means unit of luminous intensity.
Eighty-five degree full cut-off type fixtures means fixtures that do not allow light to escape above an 85-degree angle measured from a vertical line from the center of the lamp extended to the ground.
Exterior lighting means temporary or permanent lighting that is installed, located or used in such a manner to cause light rays to shine outside. Fixtures that are installed indoors that are intended to light something outside are considered exterior lighting for the intent of this chapter.
Fixture means the assembly that holds the lamp in a lighting system. It includes the elements designed to give light output control, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
Flood light means light that produces up to 1,800 lumens (See Addendum 1 for Light Output of Various Lamps) and is designed to "flood" a well-defined area with light. Generally, floodlights produce from 1,000 to 1,800 lumens.
Foot-candle means illuminance produced on a surface one foot from a uniform point source of one candela; measured by a light meter.
Full cutoff fixture means a fixture which, as installed, gives no emission of light above a horizontal plane.
Glare means intense light that results in discomfort and/or a reduction of visual performance and visibility.
Holiday lighting means festoon type lights, limited to small individual bulbs on a string, where the output per bulb is no greater than 15 lumens.
IESNA, Illuminating Engineering Society of North America (IES or IESNA) means the professional society of lighting engineers, including those from manufacturing companies, and others professionally involved in lighting.
Illuminance means density of luminous flux incident on a surface. Unit is foot-candle or lux.
Illuminating devices means:
(1)
Light fixture types.
a.
Full cutoff fixture types. A fixture which, as installed, gives no emission of light above a horizontal plane.
b.
Floodlights and spotlights. Fixtures defined as having a full beam width or beam spread of less than 110 degrees.
(2)
Lamp types.
a.
Incandescent lamps. Lamps which produce light via an electrically heated metallic filament.
b.
Fluorescent lamps. Lamps that use fluorescence of a phosphor to produce visible light.
c.
High intensity discharge lamps. Lamps, which produce visible light directly by the electrical heating or excitation of a gas. Examples of such lighting include, but are not limited to, metal halide, high pressure sodium, low pressure sodium and mercury vapor. For purposes of this chapter, fluorescent lights are not considered HID lighting.
d.
Light-emitting diode (LED). An electronic light source used instead of light bulbs, for greater illumination and longevity.
e.
Induction lighting. Light generation that is similar to fluorescent light energy and requires less maintenance than conventional fluorescent lamps.
Lamp or bulb means the light-producing source installed in the socket portion of a luminaire.
Light pollution means any adverse effect of manmade light including, but not limited to, light trespass, uplighting, the uncomfortable distraction to the eye, or any manmade light that diminishes the ability to view the night sky. Often used to denote urban sky glow.
Light trespass means light emitted by a luminaire falls where it is not wanted or needed or shines beyond the property on which the luminaire is installed.
Lighting means any or all parts of a luminaire that function to produce light.
Lumen means unit of luminous flux; the flux emitted within a unit solid angle by a point source with a uniform luminous intensity of one candela. One foot-candle is one lumen per square foot. One lux is one lumen per square meter.
Luminaire means the complete lighting unit, including the lamp, the fixture, and other parts.
Luminance means at a point and in a given direction, the luminous intensity in the given direction produced by an element of the surface surrounding the point divided by the area of the projection of the element on a plane perpendicular to the given direction. Units means candelas per unit area. The luminance is the perceived brightness that we see, the visual effect of the illuminance, reflected, emitted or transmitted from a surface.
Measurement means:
(1)
Lamp output.
a.
Total output. Measurement of total output is in lumens. This should be understood to be the initial lumen value for the lamp.
b.
Illuminance. Measurements of illuminance are expressed in initial lumens per square foot. (A desktop illuminance of 20 initial lumens per square foot is adequate for most purposes.)
In measuring illuminance, the light detector should be pointed directly at the light source or sources. The intervening light path should be free of obstruction.
Outdoor light fixture means an outdoor illuminating device, outdoor lighting or reflective surface, luminous tube, lamp or similar device, permanently installed or portable, used for illumination, decoration, or advertisement. Such devices shall include, but are not limited to lights used for:
(a)
Parking lot lighting;
(b)
Roadway lighting;
(c)
Buildings and structures;
(d)
Recreational areas;
(e)
Landscape lighting;
(f)
Billboards and other signs (advertising or other);
(g)
Product display area lighting;
(h)
Building or structure decoration;
(i)
Building overhangs and open canopies.
Partially shielded means the bulb of the fixture is shielded by a translucent siding and the bulb is not visible at all. Light may be emitted at the horizontal level of the bulb.
Recessed means when a light is built into a structure or portion of a structure such that the light is fully cut-off and no part of the light extends or protrudes beyond the underside of a structure or portion of a structure.
Shielded means when the light emitted from the fixture is projected below a horizontal plane running through the lowest point of the fixture where light is emitted. The bulb is not visible with a shielded light fixture, and no light is emitted from the sides of the fixture. Also considered a full cut-off fixture.
Spotlight or floodlight means any lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction (see definition for floodlight).
Temporary lighting means lighting that is intended to be used for a special event for seven days or less.
Uplighting means lighting that is directed in such a manner as to shine light rays above the horizontal plane.
(Ord. No. 4.414, § 1, 1-22-2018)
(a)
New lighting. All exterior outdoor lighting for new development and redevelopment projects installed after the effective date of the ordinance from which this chapter is derived in any and all zones in the city shall conform with the requirements established by this chapter and other applicable ordinances unless otherwise exempted. This chapter does not apply to indoor lighting.
(b)
Nonconforming uses or structures. If a nonconforming use or structure has been abandoned or is vacant for more than 12 months all lighting on the property must be brought into full compliance before reoccupation or reuse.
(c)
Conformity shall occur prior to issuance of certificate of occupancy.
(d)
Induction or LED lighting lamps are the preferred illumination source throughout the city and their use is required.
(e)
All governmental agencies, federal, state or county, which operate within the city limits of Gladstone should experience no difficulty meeting the requirements of this chapter and are encouraged by the city to comply with its provisions.
(f)
In the event of a conflict with any other chapter of this Code, the more stringent requirement shall apply.
(Ord. No. 4.414, § 1, 1-22-2018)
(a)
Residential fixtures consisting of lamp types of 2,050 lumens and below (the acceptability of a particular light is decided by its lumen output, not wattage. Check manufacturer's specifications). Examples include:
(1)
One hundred watt standard incandescent and less.
(2)
One hundred watt midbreak tungsten-halogen (quartz) and less.
(3)
Twenty-five watt T-12 cool white fluorescent and less.
(4)
Eighteen watt low pressure sodium and less.
(b)
Federally funded and state funded roadway construction projects, are exempted from the requirements of this division only to the extent it is necessary to comply with federal and state requirements.
(c)
Fossil fuel light. Fossil fuel light produced directly or indirectly by the combustion of natural gas or other utility-type fossil fuels is exempt from the provisions of this article.
(d)
Full cutoff street lighting, which is part of a federal, state, or municipal installation.
(e)
Holiday lighting.
(f)
Specialized lighting necessary for safety, such as navigated or runway lighting of airports, or temporary lighting associated with emergency operations, road hazard warnings, etc.
(Ord. No. 4.414, § 1, 1-22-2018)
The provisions of this chapter are not intended to prevent the use of any design, material or method of installation or operation not specifically prohibited by this chapter, provided such alternative design, material or method conforms with the intent of this division and has been approved by the building official. The building official administrator may approve an alternative design provided he finds that:
(a)
It complies with the applicable specific requirements of this division; or
(b)
It has been designed or approved by a registered professional engineer and complies with the purpose of this division.
(Ord. No. 4.414, § 1, 1-22-2018)
All applications for building permits or land use planning review which include installation of outdoor lighting fixtures shall include lighting plans conforming to the provisions of this chapter. The planning director and/or building official shall have the authority to request additional information in order to achieve the purposes of this chapter.
(a)
The submittal shall contain the following information and submitted as part of the site plan to the planning and building department for approval.
(1)
Plans indicating the location, type, intensity, and height of luminaries including both building and ground-mounted fixtures;
(2)
A description of the luminaries, including lamps, poles or other supports and shielding devices, which may be provided as catalogue illustrations from the manufacturer;
(3)
Photometric data, such as that furnished by the manufacturer, showing the angle of light emission and the foot-candles on the ground; and
(4)
Additional information as may be required by the city in order to determine compliance with this chapter.
(b)
Applications for single/multi-family residential or other projects where any single outdoor light fixture exceeds (2,050 lumens output) shall be required to comply with subsection (a) above.
(Ord. No. 4.414, § 1, 1-22-2018)
The following general standards shall apply to all outdoor lighting for new development or redevelopment projects, replacement of outdoor city owned lights, and if purchased, leased KCP&L lights installed after the effective date of the ordinance from which this chapter is derived, which is not exempted above:
(a)
Area lights. All area lights, including street lights and parking area lighting, shall be full cutoff fixtures and are encouraged to be 85 degree full cut-off type fixtures. Street lights shall be induction lighting and/or LED lighting, unless otherwise determined by the city that another type is more efficient. Street lights along residential streets shall be limited to 85W induction lighting and/or 90W LED. Street lights along nonresidential streets or at intersections shall be limited to 200W induction and/or 180W LED, except that lights at major intersections on state highways shall be limited to 250W induction and/or 180W LED. If the city permits a light type other than induction or LED, then the equivalent output shall be the limit for the other light type.
(b)
Canopy lights. All lighting shall be recessed sufficiently so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent property.
(c)
Illumination levels. Illumination levels and uniformity shall be in accordance with current recommended practices of the Illuminating Engineering Society. Recommended standards of the illuminating engineering society shall not be exceeded.
(d)
All outdoor lighting systems shall be designed and operated so that the area ten feet beyond the property line of the premises receives no more than 0.25 of a foot-candle of light from the premises lighting system.
(e)
Temporary lighting. Temporary lighting that conforms to the requirements of this chapter shall be allowed. Nonconforming temporary exterior lighting may be permitted by the building official only after considering:
(1)
The public and/or private benefits which will result from the temporary lighting;
(2)
Any annoyance or safety problems that may result from the use of the temporary lighting; and
(3)
The duration of the temporary nonconforming lighting. The applicant shall submit a detailed description of the proposed temporary nonconforming lighting to the building official.
(f)
Residential and commercial lighting fixtures. All lights shall be shielded in such a way as to direct all light toward the Earth's surface and away from reflective surfaces. Light fixtures or lamps shall be shielded/shaded in such a manner as to direct incident rays away from all adjacent property.
(Ord. No. 4.414, § 1, 1-22-2018)
(a)
Newly installed fixtures, which are not full-cutoff fixtures.
(b)
Lighting which presents a clear hazard to motorists, cyclists, or pedestrians.
(c)
Laser source light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment is prohibited.
(d)
Lighting resembling emergency vehicles for the purpose of public safety service calls.
(Ord. No. 4.414, § 1, 1-22-2018)
If an application is denied, an individual shall have the right of appeal to the board of zoning adjustments. The fee for an appeal shall be the same as a variance request application.
(Ord. No. 4.414, § 1, 1-22-2018)
This chapter may be enforced on the basis of a formal complaint filed in writing with the city.
(Ord. No. 4.414, § 1, 1-22-2018)
See Title 1, section 1.100.140 of this Code.
(Ord. No. 4.414, § 1, 1-22-2018)