Section § 13040

Explanation

This law outlines the responsibilities for keeping the areas around ATMs well-lit in California. If an ATM is installed on or after July 1, 1991, the operator must comply with lighting requirements immediately. For ATMs installed before that date, compliance became mandatory from July 1, 1993. The rule only applies to operators if they control the lighting in the access or parking areas. If the ATM operator does not control these areas, then the responsibility falls on the person who leases the ATM space to ensure proper lighting, starting upon installation or by July 1, 1993, for those installed earlier.

(a)CA Financial Code § 13040(a) Each operator of an automated teller machine installed on or after July 1, 1991, shall comply with Section 13041 commencing on the date the automated teller machine is installed. Compliance with Section 13041 by operators as to automated teller machines existing as of July 1, 1991, shall be optional until July 1, 1993, and mandatory thereafter. This subdivision shall apply to an operator of an automated teller machine only to the extent that the operator controls the access area or defined parking area to be lighted.
(b)CA Financial Code § 13040(b) If an access area or a defined parking area is not controlled by the operator of the automated teller machine, and if the person who leased the automated teller machine site to the operator controls the access area or defined parking area, the person who controls the access area or defined parking area shall comply with Section 13041 as to any automated teller machine installed on or after July 1, 1991, commencing on the date the automated teller machine is installed; and as to any automated teller machine existing as of July 1, 1991, no later than on July 1, 1993.

Section § 13041

Explanation

This law requires the operator or owner of an automated teller machine (ATM) to ensure proper lighting during night hours. Specifically, there must be a light strength of at least 10 candlefoot at the ATM and extending outward five feet. Additionally, there must be at least two candlefoot power of lighting within 50 feet in unobstructed directions from the ATM. If an ATM is near a building corner and accessible from the other side, the adjacent side needs two candlefoot lighting for the first 40 feet. Also, parking areas within 60 feet of the ATM should have at least two candlefoot power of light.

The operator, owner, or other person responsible therefor, shall provide lighting during hours of darkness with respect to an open and operating automated teller machine and any defined parking area, access area, and the exterior of an enclosed automated teller machine installation according to the following standards:
(a)CA Financial Code § 13041(a) There shall be a minimum of 10 candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward five feet.
(b)CA Financial Code § 13041(b) There shall be a minimum of two candlefoot power within 50 feet from all unobstructed directions from the face of the automated teller machine. In the event the automated teller machine is located within 10 feet of the corner of the building and the automated teller machine is generally accessible from the adjacent side, there shall be minimum of two candlefoot power along the first 40 unobstructed feet of the adjacent side of the building.
(c)CA Financial Code § 13041(c) There shall be a minimum of two candlefoot power in that portion of the defined parking area within 60 feet of the automated teller machine.