Chapter 5501:2-6 Specific Service Sign Program

5501:2-6-01 Definitions.

(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) "Convention center" means a building(s) that hosts conventions, industrial shows, and the like.

(D) "Director" means the director of the Ohio department of transportation or his designee.

(E) "Department" means the Ohio department of transportation.

(F) "Freeway" means a divided highway with full control of access.

(G) "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.

(H) "Legend message" means a word legend providing the name of a business.

(I) "Logo sign panel" means a reflectorized sign mounted on the specific service sign showing the trademark logo, non-trademark logo, legend message or combination thereof for a motorist service available on a crossroad at or near an interchange.

(J) "Motorist services" means gas, food, lodging, camping or attraction services.

(K) "Non-trademark logo" means a business logo that is not registered as a trademark with the appropriate U.S. governmental agency.

(L) "Program manager" means an independent contractor, selected by the director to manage the business logo sign program for the department.

(M) "Right of way permit" means a permit issued by the director to the program manager to occupy the highway right of way.

(N) "Rural areas" means any areas not meeting the definition of an urban area.

(O) "Shopping center" means a complex of retail establishments offering goods and/or services for sale to the public .

(P) "Specific service sign" means a guide sign that provides road users with business identification and directional information for services and for eligible attractions.

(Q) "Trademark logo" means a business logo that is registered as a trademark with the appropriate U.S. governmental agency.

(R) "Trailblazing signs" means signs that are installed on the interchange crossroad or beyond directing to eligible businesses not on the crossroad.

(S) "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.

Replaces: 5501:2-6-01

Effective: 01/11/2013
R.C. 119.032 review dates: 11/01/2015
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, 11/1/07

5501:2-6-02 [Rescinded] Specific service sign program.

Effective: 01/11/2013
R.C. 119.032 review dates: 10/17/2012
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101 , 5516.02
Prior Effective Dates: 9/15/91

5501:2-6-03 Program manager.

(A) If the director decides to operate, maintain, and/or market the business logo sign program through a program manager, 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 business logo sign 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, 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.

(D) The program manager shall enter into advertising agreements with the participating businesses based on fee established by rules adopted through Chapter 119. of the Revised 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.

(E) The program manager shall have the right to earn a reasonable profit as a result of carrying out the provisions of the business logo sign program.

(F) Any contract entered into between the department and the program manager shall require the program manager to abide by all rules promulgated by the department for the operation of the business logo sign program.

(G) The program manager shall document and maintain records of all businesses who participate in and who are contacted regarding the participation in the program and shall provide copies of all records to the department upon request at no charge.

Replaces: 5501:2-6-03

Effective: 01/11/2013
R.C. 119.032 review dates: 11/01/2015
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

5501:2-6-04 Interchange eligibility.

(A) Interchanges are eligible for the placement of specific service signs under the business logo sign program if they 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 conveniently 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 attraction.

(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, written permission from the appropriate officials of the adjacent state shall be obtained prior to erecting specific service signs in that state.

Effective: 01/11/2013
R.C. 119.032 review dates: 10/17/2012 and 11/01/2015
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

5501:2-6-05 Business eligibility.

(A) Only those businesses that provide gas, food, lodging, camping or attraction, are open to the general motoring public, are not operated on a "reservation only," "membership only," or "appointment only" basis, and meeting the additional requirements listed in this paragraph may participate in the business logo sign program.

(1) To qualify for a gas logo sign panel, a business shall:

(a) Be located within five miles driving distance of the nearest ramp terminus.

(b) Provide vehicle services to include gas, and/or alternative fuel, oil and water.

(c) Be operated continuously for at least sixteen hours a day, seven days a week, all weeks of the year.

(2) To qualify for a food logo sign panel, a business shall:

(a) Be located within five miles driving distance of the nearest ramp terminus.

(b) Have all required licensing or approval.

(c) Be operated continuously to serve at least two meals per day at least six days per week.

(d) Provide modern sanitary facilities.

(3) To qualify for a lodging logo sign panel, a business shall:

(a) Be located within five miles driving distance of the nearest ramp terminus.

(b) Have all required licensing or approval.

(c) Provide adequate sleeping accommodations.

(d) Provide modern sanitary facilities.

(4) To qualify for a camping logo sign panel, a business shall:

(a) Be located within fifteen miles driving distance of the nearest ramp terminus.

(b) Have all required licensing or approval.

(c) Provide adequate parking accommodations.

(d) Provide sanitary facilities and drinking water.

(5) To qualify for an attraction logo sign panel, a business shall:

(a) Be located within five 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 rural areas.

(b) Have as its primary purpose the provision of amusement, historical, cultural, or leisure activities for the public.

(c) Have regional significance.

(d) Provide adequate parking accommodations.

(e) If a convention center, have the overall meeting room capacity to accommodate at least one-thousand persons.

(f) If a shopping center, have a minimum of four hundred thousand square feet of gross usable floor space under roof.

(B) 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.

(C) If a participating business is sold for a different use or withdraws from the business 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.

(D) Before any business is permitted to participate in this program, any existing illegal signs pertaining to that business shall be removed. The department's advertising device control shall be contacted 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.

(E) 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 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.

(F) Verification that each business remains in compliance with all appropriate rules, regulations, agreements and other business logo sign program documents shall occur every two years. If the program is being administered by a program manager, the program manager shall furnish written certification of bi-annual verification to the director.

(G) 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.

Replaces: 5501:2-6-05

Effective: 01/11/2013
R.C. 119.032 review dates: 11/01/2015
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, 11/1/07

5501:2-6-06 Sign requirements.

(A) Logo sign panels shall consist of a trademark logo, non-trademark 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.

(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. The minimum height of these legends is six inches on mainline logo sign panels and three inches on ramp and trailblazer logo sign panels.

(F) 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, attraction) 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.

(G) 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 two specific service signs.

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.

(H) 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.

(I) If the interchange crossroad is not a rural state highway, consent legislation shall be drafted and processed 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: 01/11/2013
R.C. 119.032 review dates: 10/17/2012 and 11/01/2015
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, 11/1/07

5501:2-6-07 Application procedure.

(A) If the business logo sign program is being administered by a program manager, all businesses interested in participating in the program shall apply directly to the program manager. If the business logo sign program is being administered by the department, interested businesses shall apply directly to the department.

(B) All applications shall be reviewed in accordance with rules 5501:2-6-01 to 5501:2-6-10 of the Administrative Code.

Replaces: 5501:2-6-07

Effective: 01/11/2013
R.C. 119.032 review dates: 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101 , 5516.02
Prior Effective Dates: 9/15/91

5501:2-6-08 Fee schedule.

(A) A fee schedule for participation in the business logo sign program shall be established and revised through rule pursuant to Chapter 119. of the Revised Code. Such rules may consider the average daily traffic count at an interchange as a factor in the calculation of a fee at a particular interchange. Before a revision to the fee schedule is proposed, the director shall seek input from those who would have to pay the revised fee for participation in the business logo sign program. Money collected from participating businesses, in excess of the direct and indirect costs of the program and any reasonable profit earned by a program manager shall be remitted to the department.

(B) The fee for participation in the business logo sign program is established as follows:

Effective July 1, 2012:

Annual Participation Fee

Average Daily Traffic (ADT)

0 to 19,999

20,000 to 49,999

50,000 to 99,999

100,000 and above

Mainline Logo and Ramp Logo per Direction (Total annual cost to display one mainline and one ramp logo panel)

$900

$1,000

$1,100

$1,200

Effective July 1, 2013:

Annual Participation Fee

Average Daily Traffic (ADT)

0 to 19,999

20,000 to 49,999

50,000 to 99,999

100,000 and above

Mainline Logo and Ramp Logo per Direction (Total annual cost to display one mainline and one ramp logo panel)

$925

$1,050

$1,175

$1,300

Effective July 1, 2014:

Annual Participation Fee

Average Daily Traffic (ADT)

0 to 19,999

20,000 to 49,999

50,000 to 99,999

100,000 and above

Mainline Logo and Ramp Logo per Direction (Total annual cost to display one mainline and one ramp logo panel)

$950

$1,100

$1,250

$1,400

Effective July 1, 2015:

Annual Participation Fee

Average Daily Traffic (ADT)

0 to 19,999

20,000 to 49,999

50,000 to 99,999

100,000 and above

Mainline Logo and Ramp Logo per Direction (Total annual cost to display one mainline and one ramp logo panel)

$975

$1,150

$1,325

$1,500

(C) Businesses may be assessed a surcharge for creation of logo sign panels.

Replaces: 5501:2-6-08

Effective: 01/11/2013
R.C. 119.032 review dates: 11/01/2015
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101 , 5516.02
Prior Effective Dates: 9/15/91

5501:2-6-09 Loss of eligibility.

(A) Once a participating business is sold for a different use, or withdraws from the business logo sign program, each logo sign panel(s) shall 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 business shall be notified in writing 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(s) 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(s) 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.

(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(s).

(E) It shall be the responsibility of the business to provide notification 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 logo sign panel shall be immediately removed. The director shall be notified in writing as to the reason for the removal.

Effective: 01/11/2013
R.C. 119.032 review dates: 10/17/2012 and 11/01/2015
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

5501:2-6-10 Appeals.

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: 10/17/2012 and 10/17/2015
Promulgated Under: 119.03
Statutory Authority: 4511.101
Rule Amplifies: 4511.101 , 5516.02
Prior Effective Dates: 9/15/91