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Ohio Laws and Rules
(A) “Advertising agreement” means an agreement or contract between the program manager and each business displaying a logo sign panel.
(B) “Alternative fuel” means a vehicle fuel other than gasoline or diesel, i.e. liquid propane gas, compressed natural gas, electric or other fuel that may become available in the future.
(C) “Attraction” means an arena, stadium, amusement park, historical society, historical district, museum, scenic attraction, natural attraction, shopping center, convention center, zoo, winery, aquarium, or privately owned recreation area.
(D) “Business” means an establishment offering gas, food, lodging, camping and/or attraction facilities at a single location.
(E) “Convention center” means a building(s) that hosts conventions, industrial shows, and the like, has one or more meeting rooms, and has the overall meeting room capacity to accommodate at least one thousand persons.
(F) “Director” means the director of the Ohio department of transportation or his designee.
(G) “Department” means the Ohio department of transportation.
(H) “Eligible interchange” means an interchange on a freeway or divided, multi-lane, limited access highway eligible for the specific service sign program as described in sections 4511.101 and 5516.02 of the Revised Code.
(I) “Fee” means the amount of money assessed an eligible business for participation in the program.
(J) “Freeway” means a divided highway with full control of access.
(K) “Interchange” means a system of interconnecting roadways in conjunction with one or more grade separations that provides for the movement of traffic between two or more roadways or highways on different levels.
(L) “Legend message” means a word legend providing the name of a business.
(M) “Logo sign panel” means a reflectorized sign mounted on the specific service sign showing the trademark logo, nontrademark logo, legend message or combination thereof for a motorist service available on a crossroad at or near an interchange.
(N) “Motorist services” means gas, food, lodging, camping or attraction services.
(O) “Motorist service signs” means Ohio department of transportation blue signs with white letters or symbols indicating gas, food, lodging, camping, hospital, highway patrol, and/or tourist information centers available at a specific interchange.
(P) “Nontrademark logo” means a business logo that is not registered as a trademark with the appropriate U.S. governmental agency.
(Q) “Not-for-profit attraction” means an incorporated historical society, historical district, museum, scenic attraction, or natural attraction providing educational, literary, scientific, or charitable opportunities with tax-exempt status granted by the United States internal revenue service and a minimum annual attendance figure of:
(1) Five thousand for an attraction located in an urban area, or;
(2) Two thousand five hundred for an attraction located in a rural area.
(R) “Privately owned recreation area” means a privately owned business which provides recreational opportunities and has a minimum annual attendance figure of;
(1) Twenty-five thousand for a business located in an urban area, or;
(2) Twelve thousand for a business located in a rural area.
(S) “Program manager” means an independent contractor, selected by the director to manage the specific service signing program for the department.
(T) “Public telephone” means a telephone available for use by business patrons during all hours the business is open.
(U) “Right of way permit” means a permit issued by the director to the program manager to occupy the highway right of way.
(V) “Rural areas” means any areas not meeting the definition of an urban area.
(W) “Shopping center” means a complex of retail establishments offering goods and/or services for sale to the public consisting of a minimum of four hundred thousand square feet of gross usable floor space under roof.
(X) “Specific service sign” means a rectangular sign panel, that includes
(1) The words “gas,” or “food,” or “lodging” or “camping” or “attractions,”
(2) Directional information, and
(3) One or more logo sign panels.
(Y) “Trademark logo” means a business logo that is registered as a trademark with the appropriate U.S. governmental agency.
(Z) “Trailblazing signs” means signs that are installed on the interchange crossroad directing to eligible businesses not on the crossroad.
(AA) “Urban area” means an area having a population of fifty thousand or more according to the most recent federal census and designated as such on federal aid urban area maps prepared by the department.
Effective: 11/01/2007
R.C. 119.032 review dates: 08/10/2007 and 11/01/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91, 3/14, 96, 10/6/97, 9/4/01, 4/3/03, 7/12/04, 7/22/05
(A) The director has determined that the specific service sign program in Ohio, as described in sections 4511.101 and 5516.02 of the Revised Code shall be administered by a program manager under contract to the department.
(B) The director shall maintain oversight responsibilities. The program manager shall implement and carry out the program.
(C) The procedure described in rules 5501:2-6-01 to 5501:2-6-10 of the Administrative Code is the only procedure whereby eligible businesses may have their logo sign panels installed.
R.C. 119.032 review dates: 08/09/2007 and 08/09/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91
(A) Pursuant to division (b) of section 4511.101 of the Revised Code the methodology for selecting the program manager shall be based on criteria established by the director through an open request for proposal process. When issued, the request for proposal will be open for response for thirty days. Any such contract executed shall be for. Such initial and renewal terms as the director determines appropriate.
(B) The program manager shall function as an independent contractor for the director in implementing the specific service signing program. The program manager shall be responsible for:
(1) Marketing the program to businesses at eligible interchanges,
(2) Determining the eligibility of each business to participate in the program in accordance with rule 5501:2-6-05 of the Administrative Code,
(3) Collecting all fees associated with the program from participating businesses,
(4) Paying all expenses for the program, and
(5) Contacting utility companies (including the department) for possible conflicts.
(C) The program manager shall enter into advertising agreements with the participating businesses to establish fees and any other obligations between the parties as deemed appropriate and pursuant to rule 5501:2-6-08 of the Administrative Code.
(1) The form and content of the advertising agreement shall be approved by the director prior to use.
(2) Any modification to or special clauses in the advertising agreements shall have the prior approval of the director.
(D) The program manager shall have the right to earn a reasonable profit as a result of carrying out the provisions of the specific service signing program.
(E) All actions taken by the program manager are subject to the approval of the director and pursuant to rule 5501:2-6-08 of the Administrative Code.
R.C. 119.032 review dates: 08/09/2007 and 08/09/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91, 3/14/96, 10/6/97
(A) Interchanges are eligible for the specific service signing program if they
(1) Are located in a rural or urban area, and
(2) Do not meet any of the criteria for exclusion listed in paragraph (B) of this rule.
(B) Those locations where specific service signs will not be permitted are as follows:
(1) At freeway to freeway interchanges.
(2) On divided, multi-lane, limited access highways at interchanges with freeways. This does not preclude the installation of specific service signs on freeways at interchanges with divided, multi-lane, limited access highways.
(3) Where motorists cannot re-enter the freeway or divided, multi-lane, limited access highway in the same direction of travel.
(4) Where insufficient space exists to install any specific service signs on either the exit ramps or the mainline. Where insufficient space exists to install the maximum of four specific service signs, the signs shall be erected in the available space with the following priority: gas, food, lodging, camping, and attractions.
(C) Any interchange not eligible for specific service signs in one direction may be eligible for specific service signs in the other direction if the criteria of this rule are met.
(D) When an interchange is located near a state border, the program manager shall obtain written permission from the appropriate officials of the adjacent state prior to erecting specific service signs in that state.
R.C. 119.032 review dates: 08/09/2007 and 08/09/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91, 3/14/96, 10/6/97, 7/16/99, 8/3/01
(A) Only those businesses that provide motorist services may be considered for this program. Some businesses may qualify for more than one service and may be included on any specific service sign for which they qualify. A business shall not have its logo sign panel displayed on any specific service sign except for the service type for which it qualifies. In order to be eligible a business shall meet the following criteria:
(1) Provide public telephone.
(2) Be located where motorists can enter the business without making an illegal maneuver.
(3) In addition to the criteria listed above, the following criteria apply to specific motorist services.
(a) Gas
(i) Be located within three miles driving distance of the nearest ramp terminus.
(ii) Provide vehicle services to include gas, and/or diesel, and/or alternative fuel.
(iii) Provide public restroom facilities and drinking water.
(iv) Be in continuous operation for at least sixteen hours a day, seven days a week, all weeks of the year.
(b) Food
(i) Be located within three miles driving distance of the nearest ramp terminus.
(ii) Provide seating capacity for twenty-four or more persons.
(iii) Serve meals for at least twelve consecutive hours for at least three hundred sixty days per year except as provided for in paragraph (H) of rule 5501:2-6-05 of the Administrative Code.
(iv) Display valid permit from the Ohio department of health or appropriate public agency as required by law.
(c) Lodging
(i) Be located within three miles driving distance of the nearest ramp terminus.
(ii) Provide eight or more units of overnight accommodations, each unit consisting of at least a sleeping room and bathroom.
(iii) Be in continuous operation for twenty-four hours a day, seven days a week, all weeks of the year.
(iv) Possess valid permit from the appropriate public agency, as required by law.
(d) Camping
(i) Be located within three miles driving distance of the nearest ramp terminus, except that if within the three mile limit no campgrounds are available, the limit of eligibility may be extended in three mile increments until one or more campgrounds, or fifteen miles, whichever comes first, is reached.
(ii) The access road to the campground shall have an adequate all weather surface suitable for safe operation of a car and camping trailer.
(iii) The camping area and all facilities shall be available twenty-four hours a day on a yearly basis. Where the camping area fully complies with all other criteria, but is open only during the portion of the year normally associated with camping (early spring to late fall), seasonal signing may be approved which shall be in place only when the camping area is open.
(iv) The campground shall not be operated on a “reservation only” basis.
(v) The campground shall provide a minimum of fifty well defined campsites capable of accommodating a tent, a tent-trailer, pickup camper, travel trailer, or motor coach.
(vi) The campground shall have sanitary facilities and water approved by the state of Ohio, department of health.
(vii) The campground shall provide toilets and shower accommodations and have hot and cold running water. Janitorial service must be provided daily for the toilet and shower facilities.
(viii) The campground operator shall provide refuse and sewage disposal facilities in accordance with any rule contained in Chapter 3701-25 of the Administrative Code.
(ix) Any food service operation at the campground shall meet the requirements of Chapter 3717. of the Revised Code and any rule contained in Chapter 3717-1 of the Administrative Code.
(x) The campground shall have a current permit from the local health department.
(xi) Every campground shall have rules and regulations applying to the operation of the campgrounds posted in a conspicuous location.
(xii) The area shall be restricted to registered campers only, and rates applying to the campsite shall be posted.
(xiii) The grounds within the area shall be properly drained and maintained neat and clean at all times.
(xiv) The area shall be protected from natural and unnatural hazards which may exist.
(xv) The main circulatory roads shall be well drained and maintained dust free.
(e) Attractions
(i) Be located within three miles driving distance of the nearest ramp terminus for an attraction located in an urban area or within fifteen miles driving distance of the nearest ramp terminus for an attraction located in a rural area.
(ii) Have regional significance.
(iii) Provide adequate parking accommodations.
(iv) Provide public restroom facilities and drinking water.
(v) Except for an arena, stadium, convention center, or not-for-profit attraction, be open at least five days per week, one of which must be either a Saturday or Sunday, for a minimum of forty hours per week, throughout the normal business season for that particular type attraction.
(vi) For a not-for-profit attraction, be open at least fifteen hours per week throughout the normal business season for that particular type attraction.
(B) When there are more than six businesses eligible for signing on a specific service sign, those businesses nearest the exit ramp terminal of an interchange shall be given first priority for available spaces on that specific service sign.
(C) If a participating business is sold to a similar service, the new owner shall complete an application. If eligible, the new business may have its logo sign panel displayed on the existing specific service signs.
(D) If a participating business is sold for a different use or withdraws from the logo program, or no longer meets the eligibility requirements of rule 5501:2-6-05 of the Administrative Code, and has its logo sign panel removed pursuant to rule 5501:2-6-09 of the Administrative Code, participation in the logo program shall be offered to the qualified business nearest the exit ramp terminal of the interchange.
(E) Before any business is permitted to participate in this program, any existing illegal signs pertaining to that business shall be removed. The program manager shall contact the department’s advertising device control section, to determine the existence of illegal signs. If within fifteen days no answer is received, the program manager shall assume there are no illegal signs in place pertaining to that business.
(F) No business may discriminate or be discriminated against with regard to race, color, religion, sex, age, or national origin. Each business identified by a logo sign panel shall have furnished written and notarized certification to the director, through the program manager, of their conformity, with all applicable federal, state and local laws, ordinances, rules and regulations, and shall not be in breach of that certification. Such certification shall be provided before any logo sign panel for that business is erected.
(G) Every two years the program manager shall verify that each business remains in compliance with all appropriate rules, regulations, agreements and other specific service sign program documents and shall furnish written certification of this fact to the director.
(H) If space is available on a food specific service sign, a food service that is closed one day per week may be permitted to have their logo sign displayed. This business shall meet all other eligibility criteria. The logo sign for any such business shall contain the supplemental message “closed ___day” in accordance with rule 5501:2-6-06 of the Administrative Code. Said business shall be referred to as a”marginally qualified food service.”
(I) An attraction that would otherwise be eligible to participate in the logo program at a particular interchange shall not have their logo displayed at that interchange if state provided directional signs for that attraction are in place at that interchange. Attractions wishing to participate in the logo program at a particular interchange may request removal of state provided directional signs for that attraction.
Effective: 11/01/2007
R.C. 119.032 review dates: 08/10/2007 and 11/01/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91, 3/14/96, 10/6/97, 8/3/01, 7/12/04, 7/22/05
(A) Logo sign panels shall consist of a trademark logo, nontrademark logo or a legend message identifying the name or abbreviation of the specific business. All logo designs shall be reviewed and approved by the director. Logo sign panels which resemble any official traffic control device or are determined to be in poor taste by the director shall be prohibited.
(B) All logo sign panels shall be rectangular in shape. A legend message which is not included in a graphic-type logo should be as large as possible, preferably with only one or two line messages. Standard highway legend is not required.
(C) Mainline logo sign panels shall be forty-eight inches wide by thirty-six inches high.
(D) Ramp and trailblazing logo sign panels shall be twenty-four inches wide by eighteen inches high.
(E) The supplemental messages “diesel”, “diesel only”, “open 24 hours” and/or alternative fuel may be used on gas logo sign panels when appropriate; the supplemental message “open 24 hours” may also be used on food logo sign panels when appropriate. The supplemental message “closed ___ day” shall be used on the food logo sign panel of a food service that is closed one day per week, as described in paragraph (H) of rule 5501:2-6-05 of the Administrative Code. The minimum height of these legends on mainline logo sign panels is six inches and three inches on ramp logo sign panels.
(1) Alternative fuel legends or symbols shall conform to nationally accepted/recognized legends or symbols.
(2) Alternative fuel legends or symbols are subject to the approval of the director prior to display on the specific services signs.
(F) Logo sign panels may be reproduced in standard highway colors of white, yellow, red, blue, green, orange, brown or black.
(G) No more than six logo sign panels shall appear on a specific service sign. In addition, no more than three specific motorist service types (i.e., gas, food, lodging, camping, attractions) shall be represented on any specific service sign; if three service types are shown on the sign, then the logo sign panels shall be limited to two for each of the service types.
(H) No more than four specific service signs, regardless of the number of service types displayed, shall be placed along an approach to an interchange. No specific motorist service type shall appear on more than one specific service sign. No more than twelve logo sign panels for a specific motorist service type shall be placed on specific service signs on an approach to an interchange.
(I) Only those businesses not plainly visible to the driver from the interchange crossroad will be considered for trailblazing signs. When required, all trailblazing signs shall be erected prior to erection of mainline and ramp logo sign panels.
(J) If the interchange crossroad is not a rural state highway, the program manager shall draft and process consent legislation with the appropriate local legislative body prior to erecting any trailblazing signs. The form and content of any consent legislation shall be approved by the director prior to use. Any modifications or special clauses to the consent legislation shall have prior approval of the director. No consent legislation shall be considered binding without the required approval of the director.
Effective: 11/01/2007
R.C. 119.032 review dates: 08/10/2007 and 11/01/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91, 3/14/96, 10/6/97, 8/3/01, 7/1/02
(A) The program manager, in conjunction with their marketing process, shall establish an application procedure for interested businesses. Such procedure shall be approved by the director prior to implementation.
(B) Businesses interested in participating in the specific service sign program shall apply directly to the program manager.
(C) The program manager shall review all applications in accordance with rules 5501:2-6-01 to 5501:2-6-10 of the Administrative Code.
(D) The program manager shall document and maintain records of all businesses who are contacted regarding participation in the program.
R.C. 119.032 review dates: 08/09/2007 and 08/09/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91
Fees assessed to businesses for the display of logo sign panels shall be as set forth in writing by the program manager and shall be uniform to all businesses. The program manager shall not revise the fees charged to businesses for participation in the program without prior approval of the director and promulgation of a revision to rule 5501:2-6-08 of the Administrative Code. In accordance with division (B) of section4511.101 of the Revised Code, the fees shall include all direct and indirect costs which shall include but not be limited to, the cost of capital, directional signs, blanks, posts, logos, installation, repair, engineering, design, insurance, removal, replacement and administration. Businesses may be assessed a surcharge for creation of logo sign panels.
R.C. 119.032 review dates: 08/09/2007 and 08/09/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91
(A) Once a participating business is sold for a different use, or withdraws from the program, the program manager shall notify the business and the director, in writing, that said logo sign panel will be removed and returned to the business.
(B) Once a participating business no longer meets the eligibility requirements of rule 5501:2-6-05 of the Administrative Code, the program manager shall send that business a notice of eligibility loss. A business that meets the eligibility requirements of said rule within twenty-one days from the date the notice is sent will not have its logo sign panel removed. A business that remains in non-compliance after twenty-one days will then be notified, in writing, that its logo sign panels will be removed and returned to the business. The director shall be notified in writing of any such action.
(C) A camping or attractions service not open year round shall either have their logo sign panel removed or covered, or a panel with the word message “closed” added across the bottom of their logo sign panel, at the end of their business season, by the program manager.
(D) If a business is closed for more than two weeks, the logo sign panels shall be removed or covered, or a panel with the word message “closed” shall be added across the bottom of their logo sign panel by the program manager.
(E) It shall be the responsibility of the business to notify the program manager to remove or cover the logo sign panels or install the “closed” panel at the beginning of a closed period and to reinstall or uncover the logo sign panels or remove the “closed” panel at the beginning of the open season.
(F) If a business closure is other than seasonal, the program manager shall immediately remove the logo and notify the director in writing stating the reason for the removal.
(G) A marginally qualified food service that has its logo signs installed under the provisions of paragraph (H) of rule 5501:2-6-05 of the Administrative Code is subject to bumping by a fully qualifying food service. If a food service sign is full and a fully qualified food service applies to participate in the program, the logo sign panel for said marginally qualified food service shall be removed only after it has been displayed for not less than two years from the date of initial installation.
(H) A marginally qualified food service that qualifies for logo signs under the provisions of paragraph (H) of rule 5501:2-6-05 of the Administrative Code shall not bump a fully qualifying food service to have its logo signs installed.
R.C. 119.032 review dates: 11/12/2010 and 11/12/2015
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: Eff 9-15-91; 3-14-96; 10-6-97; 8-3-01; 7-1-02
Appeals of any action taken under rules 5501:2-6-01 to 5501:2-6-09 of the Administrative Code shall be in accordance with the provisions of sections 119.06 to 119.13 of the Revised Code.
R.C. 119.032 review dates: 08/09/2007 and 08/09/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101, 5516.02
Prior Effective Dates: 9/15/91