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TRAVEL INFORMATION COUNCIL

 

DIVISION 30

STANDARDS FOR LOGO SIGNS

733-030-0006

Applicability and Purpose

(1) The purpose of these regulations is to establish standards for Logo signs containing logo plaques erected within highway rights-of-way to provide directional information to qualified businesses offering gas, food, lodging, camping and attraction services to the traveling public.

(2) These regulations are applicable to the Interstate, Expressway, and Conventional Highway system.

(3) The authority for the issuance of these regulations is Oregon Laws 1979, Chapter 478, Section 7 and 23 U.S.C. 109(d), 131(f), 315 and 49 CFR 1.48(b).

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0011

Definitions

As used in these rules, the following definitions shall apply unless the context clearly indicates otherwise:

(1) "ATTRACTION" means any facility or qualified cultural district of regional significance that provides the general public with a cultural, historical, recreational, or educational activity, or a unique or unusual commercial activity or non-profit activity. Common retail outlets and facilities qualified for other logo service types are not eligible for Attraction signing. An ATTRACTION facility must prove that a majority of its income or visitors is derived from motorists residing farther than 50 miles, or one hour of travel time from the location of the facility being signed. The following terms shall be used to further define ATTRACTIONS:

(a) "Cultural" means a facility reflecting the customs, products and arts of the region where the facility is signed. Such facilities may include, but are not limited to: Science/Nature, Wineries and Art.

(b) "Cultural district" means a cluster of like facilities in a concentrated area of no less than six city blocks in size and with no less than four like facilities. Examples of cultural districts include antique districts and art gallery districts.

(c) "Educational" means a facility that provides enhanced knowledge of an industry, culture, historical or other genre that is unique to the region where the facility is being signed.

(d) "Historical" means a facility reflecting the past events of the region where the facility is signed. Such facilities or areas may include, but are not limited to: Historical museums, historic sites, or historic tours.

(e) "Recreational" means any facility offering a form of leisure, amusement or relaxation. Such facilities may include, but are not limited to: amusement parks, golf courses, jet boats, scenic cruises or rides.

(f) "Region" means the area surrounding a facility to a distance of 50 miles, or one hour of travel time.

(g) "Regional significance" means the level of a facility's importance to area visitor interests and the tourism industry that is determined after consultation with local tourism associations and the Regional Destination Marketing Organization where the facility is located.

(h) “Travel Plaza” means a staffed facility designated under the authority of the Travel Information Council to serve motorists by providing brochures, displays, signs and other visitor information and located in close proximity to an interstate highway interchange.

(2) "Business" means a facility furnishing GAS, FOOD, LODGING, CAMPING, or ATTRACTION which has met the qualifications for the placement of a logo plaque on a Logo Sign or a Supplemental Sign.

(3) "Business District" means the territory contiguous to a highway when 50 percent or more of the frontage thereon for a distance of 600 feet or more on one side, or 300 feet or more on both sides, is occupied by buildings used for business.

(4) "Commission" means the Oregon Transportation Commission.

(5) “Conventional Highway” means any State owned highway that is classified by ODOT as either a Statewide, Regional, or District level highway that is not an Expressway or Interstate Highway as defined in sections (9) and (12) of this rule.

(6) "Council" means the Travel Information Council created by ORS 377.835.

(7) “Dual logo plaque” means a logo plaque with two distinctive brand symbols displayed on one plaque on a “GAS” or “FOOD” Logo Sign where the two businesses are located in the same facility.

(8) "Engineer" means the State Traffic Engineer.

(9) "Expressway" means a highway which has full access control with access allowed only at interchanges and intersections.

(10) "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.

(11) “Interstate Oasis” means a facility near an Interstate Highway which has met the qualifications for providing products and services to the public, 24-hour access to public restrooms, and parking for automobiles and heavy trucks.

(12) "Interstate System" or "Interstate Highway" means every state highway that is a part of a national system of interstate and defense highways established pursuant to 23 U.S.C. Section 103(b). This definition also includes fully controlled access freeways on the Conventional Highway system.

(13) "Logo Sign” means a sign bearing separately affixed individual logo plaques for "GAS," "FOOD," "LODGING," "CAMPING," and “ATTRACTION" facilities erected in advance of exit ramps, interchanges or intersections on a state highway system. A Logo Sign includes a directional legend such as “NEXT RIGHT” or the Exit Number, a service legend of "GAS," "FOOD," "LODGING," "CAMPING," or "ATTRACTION," and one or more logo plaques.

(14) “Logo plaque” means a separately attached plaque mounted on the Logo sign showing the brand, symbol, trademark, name, or combination of these, for a business available on a crossroad at or near an interchange or an intersection. The wording and design of a logo plaque must be approved by the Council. For a logo plaque that displays the business name only, the graphic design of that plaque is considered equivalent to a symbol and must be replicated proportionately on all Supplemental Signs.

(15) "Main Traveled Way" means through traffic lanes of said system exclusive of frontage roads, auxiliary lanes and ramps.

(16) “Meal” means a combination of food items that are prepared and cooked on the licensed premises that includes one principal item and one side dish. Examples of principal items are fish, steak, chicken, pasta, and sandwich. Examples of side dishes are potatoes, potato salad, rice, french fries, beans and vegetables.

(17) “ODOT” and "the Department" means the Oregon Department of Transportation.

(18) "Owner" means a holder of fee title.

(19) "Responsible Operator" means a person or entity other than an owner who operates a business and who has authority to enter into an agreement relative to matters covered by these regulations.

(20) “RV” means recreational vehicle.

(21) “Service Legend” or “Type of Service” means the words displayed in reflective white on the Logo sign or the Supplemental sign that are limited to “GAS,” “FOOD,” LODGING,” “CAMPING,” OR “ATTRACTION.”

(22) "Sidewalk" means a walkway with a hard, smooth surface, separated form the roadway with a curb, built for use by pedestrians, including persons in wheelchairs.

(23) “Supplemental Sign” means a sign located on, opposite, or at the terminus of an exit ramp of the interstate system or expressway or at the intersection of a conventional highway. A Supplemental Sign includes the service legends “GAS,” “FOOD”, “LODGING,” “CAMPING,” “ATTRACTION,” directional information and one or more Supplemental logo plaques.

(24) “Supplemental logo plaque” means a separately attached plaque mounted on the Supplemental Sign showing the brand, symbol, trademark, name, or combination of these, for a business available on a crossroad at or near an interchange or an intersection. The wording and design of a supplemental logo plaque must be identical to the Logo plaque on the Main Traveled Way and must be replicated proportionally on all Supplemental Signs.

(25) “Supplemental Message” means an approved word legend within the logo plaque displayed horizontally along the bottom.

(26) "Traffic Control Devices" means any sign, signal, marking or device placed, operated or erected by authority under ORS 810.210, for the purpose of guiding, directing, warning or regulating traffic.

(27) "Trailblazer" means a small sign with a type of service, or the name, direction and distance to the business. Trailblazers are used when Supplemental Logo Signs cannot be used due to sign space limitations.

(28) "Urban" means an area that can include but is not limited to, business districts, sections of highway with contiguous sidewalks and/or traffic control device congestion where spacing does not meet approval of the engineer.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 3-1995, f. & cert. ef. 11-8-95; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09; TIC 2-2010, f. & cert. ef. 6-11-10

733-030-0016

Location

(1) Logo Signs are intended for use primarily in rural areas. Any installation of Logo Signs outside rural areas shall be consistent with the state signing policy criteria contained in rule 733-030-0055.

(2) Logo Signs should be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with other signs within the highway right of way. Unprotected Logo Sign supports located within the clear zone shall be of a breakaway design.

(3) In the direction of traffic, the preferred order of successive Logo Signs shall be those for "ATTRACTION," "CAMPING," "LODGING," "FOOD," and "GAS”. There shall be a maximum of four Logo Signs at any given interchange. If all five service legends exist at one interchange, one Logo Sign must combine two service legends.

(4) A maximum of two logo plaques for each of three different types of services may be combined on the same Logo Sign.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0021

Criteria for Specific Information Permitted

(1) Each business identified on a Logo Sign shall have given written assurance to the Council of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, age, sex, or national origin, meet all applicable Federal and State Americans for Disabilities Act (ADA) guidelines, and shall not be in breach of that assurance. Each business will offer services to all citizens.

(2)(a) If the business is a GAS, FOOD, LODGING, or ATTRACTION facility, it must be located within one mile of the interchange or intersection measured by vehicle distance from the center point of the terminus of the exit ramp on an interchange and from the center of an intersection to the nearest point of the intersection of the driveway of the business and a public highway. However, any business set out in this section location within nine miles of an interchange or intersection, but more than one mile from the interchange or intersection may apply to the Council for a waiver under the provisions of rule 733-030-0060;

(b) Facilities requesting signing from an Interstate or Expressway interchange and located within a city with a population of 15,000 or more and where there are sufficient numbers of businesses within one mile of that interchange or intersection, are not eligible for a mileage waiver and shall be located within one mile of the interchange or intersection. If there is not a sufficient amount of businesses available at any given interchange or intersection in a city with a population of 15,000 or more, then any business set out in this section located within two miles of an interchange or intersection may apply to the Council for a waiver under the provisions of rule 733-030-0060. A maximum of two Supplemental Logo Signs per facility shall be allowed within urban areas. A facility has the right to appeal the conditions set forth in this paragraph through a waiver to the Council. A seven-year review will be conducted for those Logo or Supplemental Signs installed following the rule adoption.

(3) If the business is a CAMPING facility, it must be located within three miles of the interchange measured by vehicle distance from the center point of the terminus of the exit ramp of an interchange or the center of an intersection at an intersection to the nearest point of the intersection of the driveway of the business and a public highway. However, any business set out in this paragraph located within 15 miles of an interchange or intersection, but more than three miles from an interchange or intersection, may apply to the Council for a waiver under the provisions of rule 733-030-0060.

(4) The types of services permitted shall be limited to "GAS", "FOOD," "LODGING," "CAMPING" or "ATTRACTION". To qualify for displaying a logo plaque on a Logo or Supplemental Sign all businesses must display permanent on-premise signing which is visible from the roadway and sufficient to direct motorists to the appropriate entrance from the roadway. The on-premise signing shall display all or part of the Registered Business Name as stated on the logo plaques. Facilities that operate under and/or provide more than one type of service using more than one brand name shall be limited to displaying not more than two brand names per logo plaque:

(a) "GAS" shall include:

(A) Vehicle services, including gas and/or alternative fuels, oil, and water;

(B) Restroom facilities and drinking water;

(C) Continuous operation at least 16 hours per day, 7 days a week for businesses located on the interstate system and expressways and continuous operation at least 12 hours per day, 7 days a week on Conventional Highways; and

(D) Telephone service;

(E) FOOD businesses located within GAS facilities, that meet all requirements under 733-030-0021(4)(b) except for (E), may display their distinctive brand symbol on a dual logo plaque for the GAS facility in which they are located. Each GAS logo plaque shall be limited to the addition of only one FOOD business. Brand names that are reflected as part of the GAS facility's registered business name may be included on the logo plaque.

(b) "FOOD" shall include:

(A) Appropriate business & health department licensing for the providing of meals; facilities are required to maintain a valid health permit or license for the type of service operated;

(B) Continuous operation to serve at least two meals per day, at least 6 days per week;

(C) Telephone service and restroom facilities;

(D) The primary business operation is the providing of meals; and

(E) Indoor Seating for at least 20 people or 10 drive-in service stalls for car-hop service. FOOD facilities that have two distinct brand name restaurants in one building may display the brand symbols of both FOOD businesses on one FOOD dual logo plaque. FOOD facilities located within GAS facilities, which do not meet FOOD seating requirements, may be displayed on a GAS dual logo plaque for that facility. See 733-030-0021(4)(a)(E).

(c) "LODGING" shall include:

(A) Licensing where required;

(B) Adequate sleeping accommodations;

(C) Telephone services and restroom facilities.

(D) Bed & Breakfast facilities provided they maintain valid food and lodging health department licenses.

(d) "CAMPING" shall include:

(A) Licensing where required;

(B) Adequate parking accommodations;

(C) Modern sanitary facilities and drinking water.

(e) "ATTRACTION" shall include:

(A) Adequate parking;

(B) Restrooms provided;

(C) Drinking water required;

(D) Facility reasonably close to a public telephone;

(E) Open at least six hours a day; six days a week of continuous operation during its normal business season.

(F) Licensing where required;

(G) Attendant/Docent/Guide on duty during all operating hours;

(H) ATTRACTIONS involving manufacturing or production, such as industrial facilities or wineries must meet all conditions under (e)(A)–(G) and must provide the opportunity for visitors to observe the production or manufacturing process or facilities;

(I) Historical facilities and travel plazas must meet all conditions under (e)(A)–(G) and must provide:

(i) Documentation showing that the facility meets the definition of the authorizing state agency that develops criteria for these types of services;

(ii) Historical tour routes may qualify with a waiver given by the Council if such a tour route is sufficiently signed to guide the motorist safely and conveniently through the tour;

(iii) Historical sites must be listed on the National Register of Historic Places.

(J) Like businesses creating a Cultural District must individually meet all conditions under (e)(A)–(G).

(5) Historical museum offerings must:

(a) Exist on a permanent basis for essentially aesthetic or educational purposes;

(b) Offerings must be the primary source of business of the requesting facility;

(c) Museum offerings must be exhibited to the public on a regular basis through buildings owned and operated by the museum.

(6) The number of Logo Signs permitted shall be limited to one for each type of service along an approach to an interchange or intersection. The number of logo plaques permitted on a Logo Sign is limited to six.

(7) A business, which fails to meet the requirements of section (4) of this rule, may request a waiver from the Council under the provision of 733-030-0060.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 1-1984, f. & ef. 1-13-84; TIC 3-1985, f. & ef. 6-4-85; TIC 1-1994, f. & cert. ef. 6-1-94; TIC 3-1995, f. & cert. ef. 11-8-95; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 1-1997, f. & cert. ef. 2-13-97; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00: TIC 2-2000, f. 10-13-00, cert. ef. 11-1-00; TIC 1-2004(Temp), f. & cert. ef. 7-20-04 thru 1-15-05; TIC 2-2004, f. & cert. ef. 11-12-04; TIC 2-2006, f. & cert. ef. 6-21-06; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09; TIC 3-2009, f. & cert. ef. 9-29-09; TIC 2-2010, f. & cert. ef. 6-11-10

733-030-0026

Composition

(1) Logo Signs shall have a blue reflective background with a white reflective border, and white reflective service legends of upper-case letters and numbers. The size of the Logo Sign should be determined by the amount and height of legend and the number and size of logo plaques attached to the sign. The service legends on Logo Signs should be at least equal in height to the directional legend on the Logo Sign.

(2) Logo plaques that use a blue background shall also have a white reflective border to provide contrast to the blue Logo Sign. Logo plaques that use a contrasting color background to the blue Logo Sign may omit the need for a white border. Where contrasting colors are used for a brand, symbol, trademark or name, the border may be omitted. The brand, symbol or trademark shall be reproduced in the colors and general shape consistent with on-premise signing, and any integral letters shall be in proportionate size. The registered business name, in whole or in part, and a supplemental message is the only wording allowed on the logo plaque. Messages, symbols, and trademarks which resemble any official traffic control device are prohibited. The vertical and horizontal spacing between logo plaques on Logo Signs shall not exceed eight inches and 12 inches, respectively.

(3) All arrows, letters and numbers used in the service legend and directional legend of Supplemental Signs shall be white and reflective.

(4) If a GAS facility is also a card-lock service, the logo plaque shall reflect the GAS facility’s registered business name and/or trademark along with the card-lock service's registered business name and/or trademark on the same logo plaque.

[ED. NOTE: Exhibits & Publications referenced are available from the agency.]

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 1-1996, f. & cert. ef. 1-8-96; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0036

Special Requirements -- Interstate Highways and Expressways

(1) Location:

(a) Except as provided in rule 733-030-0016 and in paragraph (2)(b) and (c) of this rule a separate Logo Sign shall be provided for each type of service for which logo plaques are displayed;

(b) The proposed location must be reviewed and approved by the Engineer to determine that no conflicts resulting in unsafe driving conditions will exist with other official traffic control devices;

(c) Logo Signs shall not be erected at an interchange where the motorist cannot conveniently re-enter the highway and continue in the same direction of travel, or at interchanges between an interstate highway and a fully access controlled freeway, or an interchange between interstate highways;

(d) At single-exit interchanges where businesses are not visible from a ramp terminal, Supplemental Signs shall be installed along the ramp, at the ramp terminal, or along the crossroad. These Supplemental Signs shall be similar to the corresponding Logo Signs but reduced in size. The Supplemental Signs shall include service legends, distances to the business and directional arrows. Supplemental Signs may also be used on ramps and crossroads at double exit interchanges. There shall be no more than 24 supplemental logo plaques total being displayed along any one-exit ramp. Maximum Supplemental Sign size shall be eight logo spaces. On channelized off-ramps, Supplemental Signs should be placed in advance of the channelized markings. Separate Supplemental Signs, for the same type of service, may be installed on opposite sides of the ramp to direct motorists into the proper lane for those facilities displayed on the Supplemental Sign. [Exhibit not included. See ED. NOTE.]

(2) Composition:

(a) Logo Signs at single exit interchanges. The type of service followed by the exit number shall be displayed on one line above the logo plaques. This does not apply to Logo Signs already erected at the time these rules are adopted. At unnumbered interchanges the directional legend NEXT RIGHT (LEFT) shall be used. "GAS," "FOOD," "LODGING," "CAMPING," and "ATTRACTION Logo Signs shall be limited to six logo plaques each;

(b) At double exit interchanges, Logo Signs should consist of two sections, one for each exit. The top section shall display the logo plaques for the first exit and the lower section shall display the logo plaques for the second exit. The type of service and the exit number shall be displayed in a line above the logo plaques in each section. The exit number requirements of this section do not apply to Logo Signs panels erected at the time these rules are adopted. At unnumbered interchanges, the legends NEXT RIGHT (LEFT) and SECOND RIGHT (LEFT) shall be used. Where a type of service is signed for at only one exit, one section of the Logo Sign may be omitted or a single exit interchange Logo Sign may be used. The number of logo plaques on the Logo Sign shall be limited to six. Where a type of service is displayed on two Logo Signs, one of the Signs should display the logo plaques to the businesses that are accessible from one of the two exits and the other Sign should display the logo plaques for the businesses that are accessible from the other exit.

(c) Remote rural interchanges. In remote rural areas, where not more than two qualified businesses are available for each of two or more types of services, logo plaques for two types of service shall be displayed in combination on a Logo Sign. Each type of service shall be displayed in combination on a Logo Sign. The type of service shall be displayed above its respective logo plaque, and the exit number shall be centered above the types of services. The exit number requirements of this paragraph do not apply to Logo Signs erected at the time these rules are adopted. At unnumbered interchanges, the legend NEXT RIGHT (LEFT) shall be substituted for the exit number.

(3) Size:

(a) Logo plaques: each logo plaque shall not exceed 60 inches in width and 36 inches in height, including border;

(b) Legends. All letters used in the type of service, EXIT and the directional legend shall be 10-inch capital letters. Numbers shall be 10 inches in height.

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 1-1991, f. & cert. ef. 12-23-91; TIC 1-1997, f. & cert. ef. 2-13-97; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00; TIC 3-2004, f. & cert. ef. 11-15-04; TIC 2-2006, f. & cert. ef. 6-21-06; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09; TIC 2-2010, f. & cert. ef. 6-11-10

733-030-0045

Special Requirements -- Conventional Highways

(1) Location:

(a) The proposed location must be reviewed and approved by the Engineer to determine that no conflict resulting in unsafe driving conditions will exist with other official traffic control devices. In urban areas, no more than two Supplemental Signs per facility will be allowed;

(b) Intersections. Logo plaques shall not be displayed for any business if its building or on-premise signing is visible and/or recognizable on the traveled way for a distance of 300 feet or more from the intersection. Increased distances may be allowed for businesses providing camping where issues of safety and RV maneuvering are concerned. Visibility and recognition are determined by being able to recognize the facility by observing the building or existing signing adjacent to or attached to the facility, as to the type of service for which it has applied. A facility that is visible within 300 feet or more, but is not recognizable, may qualify for signing if a favorable determination is made by the Council. However, in rural towns with a population of 500 persons or less, where there are minimal types of services meeting qualifications, and where the nearest available type of services are at least 25 miles from that town, the Council, upon consultation with the Engineer, may consider installing Logo Signs in cases where the business is visible on the traveled way the last 300 feet from the intersection. Supplemental Signs similar to those as described in OAR 733-030-0036(1)(d) may be provided on the crossroad or at the intersection.

(2) Composition. On the Logo Sign, a maximum of six logo plaques for each type of service shall be displayed along each approach to the intersection. A maximum of two logos for each of three different types of services may be combined on the same Logo Sign. The service legend shall be displayed above its logo plaques together with a directional legend such as NEXT RIGHT (LEFT). Supplemental Signs will include an arrow and mileage.

(3) Size:

(a) Each logo plaque shall be contained within a 24-inch-wide and 18-inch-high rectangular background area, including border;

(b) Legends: All letters used in the type of service on the Logo Sign and Supplemental Sign shall be six-inch capital letters.

(4) Combination legend signing (i.e., legend reading "FOOD/LODGING," and displaying one facility's logo plaque) will be allowed in rural locations only. The business must be the only facility available in the geographical area. Approval for combination legend signing will be under an agreement between the Council and the facility. If another facility is built in the area, the facility with the combination legend signing will be required to display their logo plaques on two Logo Signs, one for each type of service. Facilities approved for combination legend signing will be required to pay 1-1/3 the annual fee for a facility in their area.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 1-1997, f. & cert. ef. 2-13-97; TIC 2-1998, f. & cert. ef. 11-13-98; TIC 3-2004, f. & cert. ef. 11-15-04; TIC 1-2005(Temp), f. & cert. ef. 3-14-05 thru 9-9-05; TIC 2-2005, f. & cert. ef. 6-16-05; TIC 2-2006, f. & cert. ef. 6-21-06; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0050

General Provisions

Upon approval by the Council and the Engineer and receipt of a permit from one or more business, a single Logo Sign shall be erected in advance of the interchange and/or intersection in each direction of travel. For each type of service, a combination of not more than three different types of services may be combined on the same Logo Sign.

Stat Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0055

State Sign Policy

(1) Logo Signs are primarily intended for installation at rural interchanges where motorist services are available. Logo Signs may be considered within other areas if the Council determines that the area does not appear to be urban in character.

(2) Logo Signs erected at intersections on an expressway shall be of the same size as Logo Signs at interchanges on an expressway. The logo plaques shall conform to the size specifications in rule 733-030-0036(3)(a). The service legends shall conform to the requirements of rule 733-030-0036(3)(b).

(3) If a business is not visible from any part of the exit ramp on the interstate system or expressway or from an intersection or crossroad on the Conventional Highway, a Supplemental Sign bearing the logo plaque of that business, together with a service legend, a directional arrow, and mileage where needed, shall be placed on the exit ramp or at its terminus or at the intersection or crossroad. The Supplemental Sign shall be installed where it will best serve the motoring public and be commensurate with traffic safety as determined by the Engineer. If a business is visible from any part of the exit ramp or the terminus of the exit ramp on the Interstate system or Expressway or from an intersection or crossroad on the Conventional Highway, it is not entitled to a Supplemental Sign unless determined by the Council and the Engineer to be necessary in order to direct the traveling public to the business in order to avoid a traffic hazard or misdirection of the traveling public because of the complexity of the particular interchange or intersection.

(4) Supplemental Signs shall bear the legend "GAS," "FOOD," "LODGING," "CAMPING" or "ATTRACTION" and one or more horizontal rows of logo plaques with a directional arrow and mileage as appropriate. Standards for Supplemental Signs shall be adopted by the Engineer.

(5) A trailblazer may be installed upon the recommendations of the Council and approval of the Engineer at intersections of Conventional Highways, or intersections of Conventional Highways and county roads or city streets if it can be placed on Conventional Highway right of way. Trailblazers may also be installed on county roads and city streets with the approval of authorities for the local jurisdiction. The text for trailblazers shall have a minimum letter height of 4 inches. Standards for trailblazers shall be adopted by the Engineer.

(6) Subject to the approval of the Council, and if spaces are available, the logo plaque of a business may be placed on a Supplemental Sign, although its logo plaque cannot be placed on a Logo Sign because permits have already been issued for the maximum number of logo plaques for the particular Logo Sign.

(7) If the GAS, FOOD or LODGING facilities existing within one mile of the interchange, up to a maximum of six for gas and four for FOOD and LODGING facilities, have not applied for a permit for placement of logo plaques on a Logo Sign at an interchange, then the otherwise qualified businesses that are located within three miles from the interchange, may apply for a permit and obtain a waiver as provided in rule 733-030-0060. If CAMPING facilities existing with three miles of the interchange, up to a maximum of four, have not applied for permit for placement of logo plaques on the Logo Sign at an interchange, then the otherwise qualified CAMPING facility located close to, but within 15 miles from the interchange, may apply for a permit and obtain a waiver as provided in rule 733-030-0060.

(8)(a) If applications are received for any one interchange or intersection for more than the maximum allowable logo plaques to be placed on any one Logo Sign, the order of priority for the wait list shall be based on the date of the properly completed application received by the Council;

(b) A business may apply for Logo Signs on more than one Conventional Highway adjacent to that business; and

(c) Any business shall have one logo plaque on one Logo Sign and/or Supplemental Sign in each direction of travel for each type of service on any Conventional Highway.

(9) The owner or responsible operator of a business must file an application for placement of its logo plaque on a Logo Sign and tender the permit fee for the first year. The business must also agree to furnish the necessary logo plaques to be affixed to the Logo Signs or Supplemental Signs.

(10) Eligibility of businesses for continued placement of their logo plaques on a Logo Sign may be reviewed by the Council at any time to assess whether the business and/or the Logo Sign location meets present guidelines. If the review finds that the business and/or the Logo Sign location does not meet all applicable rules and laws, the Logo Sign and logo plaque may be removed. If payment is not received for a renewal permit on or before the payment due date stated in the Council's invoice, the logo plaque may be removed. The space made available after the removal of a logo plaque due to nonpayment of fees shall be offered to the next qualified business on a wait list for that Logo Sign. Should space continue to be available and the removed business desire to have its logo plaque reinstalled, the Council may require a new review to be performed prior to approving the reinstallation. If approved for reinstallation, the business must pay the permit fees due and reinstallation fee prior to reinstallation of their logo plaques.

(11) Notwithstanding section (10) of this rule, the granting of a new or renewed permit shall entitle the business the continuance of having its logo plaque installed on the Logo Sign or Supplemental Sign for one year from the date of installation or renewal.

(12) Notwithstanding section (10) of this rule, the logo plaque of a business shall be removed from a Logo Sign or Supplemental Sign and may be replaced by another qualified business for failure to comply with subsections (a)–(d) of this section as hereafter set out:

(a) If the business fails on a sufficient number of occasions or over a sufficient period of time to provide all of the services required by rule 733-030-0021(4) so as to justify a finding by the Council that the business is not in substantial compliance with these regulations;

(b) If the business fails to open for business for more than seven consecutive days or for more than 10 days cumulatively, during any one-year period, unless the Council finds that closure for such period was beyond the control of the owner or responsible operator, or that the closure was justified by extenuating circumstances;

(c) If it fails to comply with OAR 733-030-0021(1) except in isolated instances without the knowledge of the owner or responsible operator, or on any occasion unless steps are promptly taken to insure to the fullest extent reasonably possible that such instances will not recur; and

(d) The logo plaque is not kept in a proper state of repair; is non-reflective, peeling, fading, chipping or otherwise unattractive; or does not meet requirements for size or supplemental messages.

(13) If due to fire, accident or similar causes, a business becomes inoperable for extended period of time, exceeding seven days, but not more than 90 days, its logo plaques shall be temporarily removed from all Logo Signs or Supplemental Logo Signs, but the business shall not lose its priority, nor be required to reapply prior to the formal time of a renewal application. Further extension may be granted on good cause shown. However, failure of the owner or responsible operator to proceed with necessary repairs as rapidly as possible shall cause loss of the right to continued placement of the logo plaque and require a new application.

(14) Notwithstanding the fact that a business meets all of the other eligibility qualifications of these regulations, an application may be denied if it is determined by the Council and after investigation by the Engineer that adequate direction to the business cannot be given by a reasonable number of allowable Supplemental Signs or trailblazers.

(15) If a Logo Sign or Supplemental Sign is removed due to reconstruction at any given interchange, and only one legend may be retained, the Council shall survey the immediate area of that interchange to assess availability of specific types of services. The types of services not available within the immediate area, but located at the interchange to be removed, will have legends retained to meet business needs. If all legends are fairly represented in the immediate area, legends at that interchange will be retained by giving priority to the date of application of the first business of all legends installed. In consideration for the Council's grant of a new permit or renewal permit, the business waives any claim it may have against the State of Oregon, the Council, their officers, employees or agents that may arise from the removal, relocation, displacement, destruction of or damage to the Logo Sign, Supplemental Sign or logo plaque due to any cause, including but not limited to highway construction work, highway re-design or reconfiguration, vehicular collision, accident, vandalism, forces of nature or other acts of God. It is provided, however, that if a Logo Sign, Supplemental Sign or logo plaque affected by any of the foregoing events is not replaced, repaired or relocated to a reasonably comparable location (as determined by the Council) within ten working days of the business's delivery to the Council of notice that the Logo Sign, Supplemental Sign or logo plaque has been so affected, the permit fee for any months or major portion (16 days or more) of a month after the date of the Council's receipt of the business's notice and during which the Logo Sign or Supplemental Sign does not display the logo plaque to the traveling public shall be refunded. If the Logo Sign, Supplemental Sign or logo plaque cannot be re-erected, replaced, reasonably relocated (as determined by the Council) or repaired within ten working days and upon receipt of the replacement logo plaque, then the permit fee for any months or major portion (16 days or more) of a month remaining from the date of the Council's receipt of the business's notice until the anniversary of the date of placement of the logo plaque shall be refunded. The business agrees that this claim for a refund of the permit fee shall be its sole and exclusive remedy against the State of Oregon, the Council, and their officers, employees or agents for any removal, relocation, displacement, destruction of or damage to a Logo Sign, Supplemental Sign or logo plaque. No claim for a refund of the permit fee shall be valid, and the Council will pay no refund, unless the business has provided the Council notice required by this subsection. No claim for a refund of the permit fee shall be valid, and the Council will pay no refund, in any case, in which the removal, relocation, displacement, destruction of or damage to the Logo Sign, Supplemental Sign or logo plaque arises from the acts of the business, its officers, employees or agents. As provided in subsection (11) of this rule, no new or renewed permit shall entitle the business to any rights or expectations in the continued use of a Logo Sign or Supplemental Sign that extend beyond one year from the date of placement of the logo plaque or the date of renewal.

(16) Any business that changes ownership and the registered business name on a logo plaque with a waiting list, forfeits the right to the logo plaque space and the logo plaques are removed. The next business on the wait list shall be notified of available logo plaque space.

(17) Seasonal facilities must notify the Council of their seasonal dates at the time of application and of any changes in seasonal dates during the duration of the permit period. Logo plaques for seasonal facilities shall be removed and reinstalled during the period of seasonal closure.

(18) If a business qualifies for a “GAS,” “FOOD,” “LODGING,” or “CAMPING” Logo sign, then it does not qualify for an “ATTRACTION” Logo sign. If a business qualifies as an ODOT Cultural and Historical Feature and receives Cultural and Historical signs from ODOT, it will not qualify for “ATTRACTION” Logo signs. If a visitor information facility does not qualify as a TIC Travel Plaza, it does not qualify for “ATTRACTION” Logo signs.

[Publications: Publications & forms referenced are available from the agency.]

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 3-1983(Temp), f. & ef. 7-21-83; TIC 5-1983, f. & ef. 8-26-83; TIC 2-1987(Temp), f. & cert. ef. 8-4-87; TIC 3-1988, f. & cert. ef. 12-23-88; TIC 1-1989, f. & cert. ef. 6-9-89; TIC 2-1989, f. & cert. ef. 10-27-89; TIC 1-1991, f. & cert. ef. 12-23-91; TIC 1-1994, f. & cert. ef. 6-1-94; TIC 1-1995, f. & cert. ef. 5-17-95; TIC 1-1996, f. & cert. ef. 1-8-96; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00; TIC 3-2000, f. 12-14-00, cert. ef. 12-15-00; TIC 1-2002, f. & cert. ef. 4-19-02; TIC 2-2002, f. & cert. ef. 10-30-02; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09; TIC 2-2010, f. & cert. ef. 6-11-10

733-030-0060

Waiver

(1) Upon petition by the business, the Council may authorize a waiver upon showing on the application that:

(a) For GAS, FOOD, LODGING facilities that are located within nine miles of an interchange but more than one mile from an interchange and that the business is easily located from the interchange and that no additional Supplemental Sign other than an authorized Supplemental Sign or trailblazer would be necessary to direct the traveling public to the business. Card-lock GAS stations are not eligible for waivers.

(b) For CAMPING facilities, that are located within 15 miles of an interchange but more than three miles from an interchange and that the facility is easily located from the interchange and that no additional Supplemental Sign other than authorized Supplemental Sign or trailblazer would be necessary to direct the traveling public to the facility.

(2) Upon petition by a business, the Council may authorize a waiver of the appropriate requirements of 733-030-0021(4). The business must show that the motoring public will be more adequately served by granting the waiver, the business must list the particular requirements it seeks to have waived, the business must show that the extent of the waiver will benefit the motoring public and not violate the overall intent of the regulations, that no traffic hazard or reduction in traffic safety will occur, and that the motoring public can be advised of the waived condition on the logo plaque if it is of a nature that the Council feels necessary to be shown on the logo plaque.

(3) Procedures. Administration Procedure Act. Any order of the Council denying a permit or waiver under these rules, or for removal of a logo plaque under the Regulations, may be entered administratively without hearing, subject to requirements of ORS Chapter 183 and the administrative and judicial review as provided therein. The Council shall notify businesses promptly on any permit or waiver denial or decision to remove a logo plaque under these regulations.

(4) No waivers shall be granted to a facility applying for a Logo Sign that has a wait list.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 6-1983, f. & ef. 8-26-83; TIC 3-1985, f. & ef. 6-4-85; TIC 1-1996, f. & cert. ef. 1-8-96; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0065

Permit Fees and Installation

(1) The Council may request the Department to furnish, erect and maintain Logo Signs, Supplemental Signs and trailblazers at locations specified by the Council.

(2) Upon the approval of a permit for a logo plaque to be affixed to a Logo Sign or Supplemental Sign, the Council shall request and authorize installation of the Logo Sign or Supplemental Sign from ODOT, the Council sign crew or the Council contractor as determined appropriate by the Council staff. The Council shall provide the installer with all necessary information to erect the Logo Signs, Supplemental Signs, trailblazers or install the logo plaque.

(3) The Council shall notify the business promptly when a permit has been approved to allow the business sufficient time to furnish the necessary number of logo plaques. If the Council is notified that a business has failed to furnish its logo plaques by the specified date given by the Council, or that the logo plaques furnished are not in compliance with specifications provided by the Council, it may cancel the permit and refund the amount paid in advance by the business.

(4) Permit fees. The annual permit fee for each logo plaque placed on a Logo Sign or Supplemental Sign shall be based on the traffic volume and population density of the area where the highway is located. Permit fees will be reviewed and established annually by the Council pursuant to ORS 377.825.

(5) Permit fees will be charged according to the Council's current Schedule of Fees. When permit fees are reviewed for potential changes, the Council will send a notice of permit fee changes to each business with a Logo Sign or Supplemental Sign permit and to all interested parties requesting the information. Businesses and interested parties will have 30 days to respond in writing and/or attend a public hearing scheduled after the 30 day time period. The Schedule of Fees will also be available on the Council web site for personal download or by mail upon request.

(6) In accordance with OAR 733-030-0055(10), permit fees are payable with the contract and the permit shall be automatically renewed upon receipt of the annual invoice on or before the payment due date stated in the Council's invoice.

(7) Permit fees for FOOD facilities that display the name of two distinct brand FOOD businesses on one FOOD logo plaque shall be charged 1 1/3 the amount of a regular FOOD business charged in that area. Permit fees for GAS facilities that include a FOOD name on their logo plaque shall be charged 1 1/3 the amount of a regular GAS business charged in that area. Payment of permit fees is the responsibility of the GAS facility, which will be designated as the primary facility.

(8) Permit fees for combination legend signing shall be 1 1/3 the fee for one type of service charged in that area.

(9) The Council may charge a fee when a facility desires to replace their logo plaques due to a redesign of the logo plaque, color or a change in the registered business name of $75 per logo plaque. If a facility desires to move their logo plaque from their current position on a Logo Sign to a vacant position on the same Logo Sign, the Council may charge a relocation fee of $150 per logo plaque. When a vacancy occurs on a Logo Sign, the Council will give written notification to all businesses with logo plaques on that Logo Sign to respond within seven (7) days of any preference they may have for relocating their logo plaque to a vacant position on that Logo Sign. If two or more businesses indicate preference for the same vacant space, the business with longest seniority on that Logo Sign will be offered the first option to relocate their logo plaque.

(10) Nonpayment of permit fees will result in the removal of logo plaques, and the logo plaque space will be offered to the next business desiring that logo plaque space. Should the logo plaques be reinstalled after removal due to nonpayment of permit fees, the Council shall charge a maintenance fee of $200 per logo plaque to be reinstalled, along with their permit fees due.

(11) In case of removal of a logo plaque, the permit fee for any months or major portion (16 days or more) of a month remaining to the anniversary of the date of installation of the logo plaque shall be refunded. There shall be no refund of permit fees due to temporary or seasonal closure.

(12) If an ATTRACTION facility is publicly owned and operated or not-for profit as determined by the Federal Internal Revenue Service, the permit fee shall be set at the non-profit Logo Sign fee schedule.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 1-1979(Temp), f. & ef. 7-26-79; TIC 2-1979, f. & ef. 9-28-79; TIC 1-1980, f. & ef. 5-5-80; TIC 3-1984 (Temp), f. & ef. 10-29-84; TIC 2-1985, f. & ef. 6-4-85; TIC 1-1986, f. & ef. 5-28-86; TIC 2-1986, f. & ef. 9-19-86; TIC 1-1996, f. & cert. ef. 1-8-96; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 3-1996, f. & cert. ef. 10-16-96; TIC 1-1997, f. & cert. ef. 2-13-97; TIC 1-1998, f. 6-8-98, cert. ef. 7-1-98; TIC 2-1998, f. & cert. ef. 11-13-98; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00; TIC 3-2000, f. 12-14-00, cert. ef. 12-15-00; TIC 1-2001, f. 5-11-01, cert. ef. 5-15-01; TIC 2-2002, f. & cert. ef. 10-30-02; TIC 1-2004(Temp), f. & cert. ef. 7-20-04 thru 1-15-05; TIC 2-2004, f. & cert. ef. 11-12-04; TIC 1-2006, f. & cert. ef. 3-2-06; TIC 3-2006, f. & cert. ef. 11-24-06; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0080

Requirements for Supplemental Messages on Logo Plaques

(1) All supplemental messages must be displayed within the logo plaque in one horizontal line along the bottom of the plaque. The supplemental message should be displayed in a color to contrast effectively with the background of the logo plaque or be separated by a divider bar.

(2) On Interstate Highways and Expressways the supplemental message must have a minimum letter height of six inches and be proportional in size on all follow up Supplemental Signs. On Conventional Highways the supplemental message must have a minimum letter height of four inches.

(3) GAS facilities that are exclusively card-lock stations shall be required to display the supplemental message “CARD LOCK ONLY” on Interstate and Expressway logo plaques and “CARD LOCK” on Conventional Highway logo plaques.

(4) Seasonal facilities or facilities that only qualify with an approved waiver shall be required to display a concise description of the waived issue. Examples of acceptable messages include, but are not limited to, “OPEN MAY-SEPT”, “WEEKENDS ONLY”, “OPEN THURS-SUN”.

(5) Supplemental messages with the words "DIESEL", "PROPANE", "24 HOUR", "RV DUMP", "RV PARKING", “RV ACCESS”, “ALT FUELS”, "BIODIESEL", or "WiFi", and/or the abbreviations CNG, EV, or E85, or a combination of two messages may be used by any business that offers those products or services. If a business elects to display the circular RV symbol, it will be the only supplemental message allowed. If a business designated as an INTERSTATE OASIS is displayed on a Logo Sign, the word “OASIS” may be used as a supplemental message on its logo plaque.

(6) All supplemental messages and their design on logo plaques must be approved by the Council.

(7) A seven-year review will be conducted for those existing logo plaques using separate logo riders following the adoption of this rule. Logo plaques using separate logo riders must comply with supplemental message rules when those plaques are replaced with new ones. All logo plaques must comply with supplemental message rules in ten years following adoption of this rule.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 3-1982, f. & ef. 6-1-82; TIC 4-1985, f. & ef. 6-4-85; TIC 5-1985, f. & ef. 12-13-85; TIC 1-1987(Temp), f. & ef. 3-6-87; TIC 5-1988, f. & cert. ef. 12-23-88; TIC 3-1989, f. & cert. ef. 10-27-89; TIC 1-1991, f. & cert. ef. 12-23-91; TIC 1-1996, f. & cert. ef. 1-8-96; TIC 1-1997, f. & cert. ef. 2-13-97; TIC 2-1998, f. & cert. ef. 11-13-98; TIC 1-2000, f. 4-14-00, cert. ef. 5-1-00; TIC 1-2002, f. & cert. ef. 4-19-02; TIC 2-2006, f. & cert. ef. 6-21-06; TIC 1-2009, f. & cert. ef. 4-3-09; TIC 2-2010, f. & cert. ef. 6-11-10; TIC 1-2011, f. & cert. ef. 9-22-11

Tourist-Oriented Directional Signs (TOD Signs)

733-030-0085

Applicability and Purpose

(1) The purpose of these regulations is to establish standards for TOD signs erected within highway rights-of-way to provide directional information to qualified tourist oriented businesses offering services or activities to the tourist or qualified historical features or qualified cultural features.

(2) These regulations are applicable to the Conventional Highway system.

(3) The authority for the issuance of these regulations is ORS 377.805.

Stat. Auth.: ORS 377
Stats. Implemented:
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0090

Definitions

In addition to the definitions described in OAR 733-030-0011, the following definitions shall apply unless the context indicates otherwise:

(1) "Directional Information" means the name of the business, service or activity, qualified historical feature or qualified cultural feature and other necessary information to direct the motoring public to the business, service, activity, qualified historical feature or qualified cultural feature placed on a TOD sign.

(2) "Immediate Area" means the region around a business to a distance of 50 miles, or one hour of travel time.

(3) "Qualified Cultural Feature" means a museum approved by the Engineer after consulting with the Oregon Historical Society and the Oregon Museum Association.

(4) "Qualified Historical Feature" means a district or property currently listed in the National Register of Historic Places or designated as nationally significant by the United States Department of the Interior.

(5) "Qualified Tourist Oriented Business" means any legal cultural, historical, recreational, educational or entertaining activity or a unique or unusual commercial or non-profit activity the major portion of whose income or visitors are derived during its normal business season from motorists not residing in the immediate area of the activity.

(6) "Responsible Operator" means a person or entity other than an owner who operates a qualified tourist oriented business and who has authority to enter into an agreement relative to matters covered by these regulations.

(7) "Tourist Oriented Directional Signs" or “TOD signs” means a sign with the name of a qualified tourist oriented business, service or activity or qualified historical feature or qualified cultural feature together with directional information erected in advance of or at intersections on the Conventional Highway.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 3-1995, f. & cert. ef. 11-8-95; TIC 1-1997, f. & cert. ef. 2-13-97; TIC 1-2001, f. 5-11-01, cert. ef. 5-15-01; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0095

Locations

(1) TOD signs are intended for use primarily in rural areas. Any installation of TOD signs outside rural areas shall be consistent with the state signing policy criteria contained in rule 733-030-0120.

(2) TOD signs should be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with other traffic control devices within the Conventional Highway right-of-way.

(3) TOD signs shall not be installed until a thorough investigation by the Engineer determines that no conflict resulting in unsafe driving conditions will exist with other official traffic control devices.

(4) TOD signs shall not be used at interchanges on Interstate Highways or Expressways.

Stat Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 1-1994, f. & cert. 6-1-94; TIC 2-1995, f. & cert. ef. 5-17-95; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 1-2001, f. 5-11-01, cert. ef. 5-15-01; TIC 3-2004, f. & cert. ef. 11-15-04; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0100

Criteria for Information Permitted

(1) Each qualified tourist oriented business identified on a TOD sign shall have given written assurance to the Council of its conformity with all applicable laws concerning the provisions of public accommodations without regard to race, religion, age, color, sex, or national origin, meet all applicable Federal and State Americans for Disabilities Act (ADA) guidelines, and shall not be in breach of that assurance. Each qualified tourist oriented business will offer services to all citizens.

(2) To be qualified as a tourist oriented business, the business must be located within one mile of the intersection where the TOD signs are installed measured by vehicle distance from the center point of the intersection to the nearest point of the intersection of the driveway of the tourist oriented business and a public highway. However, any qualified tourist oriented business set out in this section located within 15 miles of an intersection, but more than one mile from an intersection may apply to the Council for a waiver under the provisions of rules 733-030-0120(3) and 733-030-0130.

(3) Except for undeveloped cultural and historic features a qualified tourist oriented business shall have:

(a) Restroom facilities and drinking water available;

(b) Continuous operation at least six hours per day six days a week during its normal business season; and

(c) Licensing where required;

(d) Adequate parking accommodations.

(4) Qualified undeveloped cultural and historic features shall include:

(a) Adequate parking accommodations; and

(b) An informational device to provide public knowledge of the feature.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83 TIC 1-1994, f. & cert. 6-1-94; TIC 1-2001, f. 5-11-01, cert. ef. 5-15-01; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0105

Composition

(1) TOD signs shall have a blue reflective background with a white reflective border and message. The content of the name legend shall be limited to the registered business name, in whole or in part. Intersection TOD signs shall be the same as the Advance TOD sign except that in lieu of the directional legend, the sign shall include a separate direction arrow and the distance to the facility to the nearest one-quarter mile, as may be required by the Engineer. Messages, symbols and trademarks which resemble any official traffic control devices are prohibited. All TOD signs shall conform to applicable portions of the Manual On Uniform Traffic Control Devices including but not limited to size, location and spacing.

(2) All directional arrows, letters, numbers, name legend, and directional legend shall be white and reflective.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 2-1988, f. & cert. ef. 11-1-88; TIC 1-1996, f. & cert. ef. 1-8-96; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0110

Special Requirements -- Conventional Highways

(1) Location. If a qualified tourist oriented business is not visible from an intersection or crossroad on the Conventional Highway, an Intersection sign bearing all or part of the registered business name, together with a directional legend, a directional arrow, and mileage where needed, shall be placed at the intersection or crossroad. The proposed location of the Intersection sign must be reviewed and approved by the Engineer to determine that no conflicts resulting in unsafe driving conditions will exist with other official traffic control devices. Intersection signs cannot be used unless the qualified tourist oriented business also has an Advance sign;

(2) TOD signs shall not be displayed for any business if its building or on-premise signing is visible and/or recognizable on the traveled way for a distance of 300 feet or more from the intersection or driveway. Visibility and identification are determined by being able to recognize the business, by observing the building itself or existing signing adjacent to or attached to the business, as the type of tourist oriented business for which signing has been requested. A business that is visible within 300 feet or more, but is not recognizable, may qualify for signing if such a favorable determination is made by the Council. Intersection and Advance TOD signs shall be as described in rule 733-030-0105. The option of using Intersection TOD signs at all locations shall be determined on the basis of an engineering study.

(3) Composition. A maximum of four TOD signs per post may be displayed in advance of each intersection and at each intersection. A maximum of three posts may be utilized in advance of and at any intersection.

(4) Size:

(a) Individual TOD Intersection signs shall not exceed 72 inches in width and 18 inches in height.

(b) Individual TOD Advance signs shall not exceed 60 inches in width and 18 inches in height and shall be located beneath a directional legend sign not to exceed 60 inches in width and 12 inches in height.

(5) Any Intersection TOD sign erected or pending as the Advance sign before September 19, 1988, may be maintained.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 2-1988, f. & cert. ef. 11-1-88; TIC 1-1994, f. & cert. ef. 6-1-94; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 3-2004, f. & cert. ef. 11-15-04; TIC 1-2007, f. & cert. ef. 3-1-07; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0115

General Provisions

(1) Upon approval by the Council and the Engineer and receipt of a permit from one or more tourist oriented business, a single TOD sign shall be erected in advance of the interchange and/or intersection in each direction of travel for each qualified tourist oriented business.

(2) A TOD sign may be installed at a rural intersection which has an existing Logo Sign if the requirements and provisions of OAR 733-030-0095 and 733-030-0105(1) have been successfully met.

Stat. Auth.: ORS 377
Stats. Implemented:
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 2-1984, f. & ef. 5-11-84; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0120

State Sign Policy

(1) TOD signs are primarily intended for installation at rural intersections where qualified tourist oriented businesses are available. TOD signs may be considered within other areas if the Council determines that the roadside development does not appear to be urban in character.

(2) If a business qualifies for a “GAS,” “FOOD,” “LODGING,” OR “CAMPING” Logo Sign then it does not qualify for a TOD sign.

(3) If a qualified tourist oriented business, existing within one mile of an intersection, does not apply for a TOD sign at an intersection, then an otherwise eligible business which is located more than one mile but less than 15 miles from the intersection may apply for a TOD sign. If the otherwise eligible business is within 15 miles but more than one mile from the intersection, it must obtain a waiver as provided in OAR 733-030-0130.

Stat. Auth.: ORS 377.835
Stats. Implemented:
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 1-1995, f. & cert. ef. 5-17-95; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0125

Application and Eligibility

(1) If more than four requests for TOD signs are received for any one intersection, the order of priority for TOD signs shall be based on the date of receipt of a properly completed application. The subsequent businesses will be placed on a wait list for TOD signs at that intersection.

(2) The owner or responsible operator of a business must file an application for TOD signs on a form specified by the Council.

(3) The Council shall notify the business promptly when a permit has been approved

(4) Any grant of a new or renewed permit shall entitle the business the continuance of its TOD sign for a period of one year from the date of installation or renewal.

(5) Eligibility of qualified tourist oriented businesses for continued placement of their TOD sign may be reviewed by the Council at any time to assess whether the tourist oriented business and/or the signing location meets present guidelines. If the review finds that the tourist oriented business and/or the sign location does not meet all applicable rules and laws, the sign may be removed. If payment is not received for a renewal permit on or before the payment due date stated in the Council's invoice, the TOD sign may be removed. The TOD sign space made available after the removal due to nonpayment of permit fees may be subject to a new study to assess whether the TOD sign meets present guidelines. If not, the TOD sign shall not be reinstalled.

(6) Notwithstanding section (4) of this rule, the TOD sign shall be subject to removal for failure to comply with subsections (a), (b), (c) or (d) of this section:

(a) If the qualified tourist oriented business fails on a sufficient number of occasions or over a sufficient period of time to provide all of the services required by rule 733-030-0100(3), so as to justify a finding by the Council that the business is not in substantial compliance with these regulations.

(b) If the qualified tourist oriented business fails during its normal business season to open for business for more than seven consecutive days or for more than 10 days cumulatively, during any one month period, unless the Council finds that such closure for such period was beyond the control of the owner or responsible operator, or that the closure was justified by extenuating circumstances.

(c) If it fails to comply with rule 733-030-0100(1), except in isolated instances without the knowledge of the owner or responsible operator, or on any occasion unless steps are promptly taken to insure to the fullest extent reasonably possible that such instances will not recur.

(d) If the annual permit fee payment is not received on or before the payment due date stated in the Council's invoice.

(7) If due to fire, accident or similar causes, a qualified tourist oriented business becomes inoperable for an extended period of time, exceeding seven days, but not more than 90 days, its TOD signs, shall be temporarily removed, but the business shall not lose its priority, nor be required to reapply prior to the normal time for a renewal. Further extension may be granted on good cause shown. However, failure of the owner or responsible operator to proceed with necessary repairs as rapidly as possible shall cause loss of the right to continued placement of the TOD sign and require a new application.

(8) Notwithstanding the fact that a tourist oriented business meets all of the other eligibility qualifications of these regulations, a business may be denied if it is determined by the Engineer that adequate direction to the business cannot be given by a reasonable number of allowable TOD signs and Trailblazers.

(9) Should a business be closed for 30 days or more, their TOD Signs will be covered with a blank panel. The TOD signs will remain covered during the business’s seasonal closure.

(10) Those businesses that had "CLOSED" riders installed prior to November 15, 1996, will continue to use the "CLOSED" riders as long as it is determined by the Council and ODOT that they can be easily accessed and safely operated.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 1-1991, f. & cert. ef. 12-23-91; TIC 1-1994, f. & cert. ef. 6-1-94; TIC 1-1996, f. & cert. ef. 1-8-96; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 3-1996, f. & cert. ef. 10-16-96; TIC 1-1997, f. & cert. ef. 2-13-97; TIC 3-2000, f. 12-14-00, cert. ef. 12-15-00; TIC 2-2002, f. & cert. ef. 10-30-02; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0130

Waiver

(1) Upon petition by a business, the Council may authorize a waiver upon showing on the application that the business is located within 15 miles of the intersection but more than one mile from the intersection, if the business is easily located from the intersection and no additional TOD signs would be necessary to direct the traveling public to the business or that adequate signs will be provided on the county road or city street to guide the motorist to the business.

(2) Upon request by a business, the Council may authorize a waiver upon showing on the application the waiver will benefit the motoring public and not violate the overall intent of these regulations. The sections under which waivers may be granted under this section are rules 733-030-0100(2) and (3), 733-030-0120(1).

(3) Procedures. Administrative Procedure Act -- Any order of the Council denying an application or waiver under these rules, or for removal of a TOD sign under the Regulations, may be entered administratively without hearing, subject to requirements of ORS Chapter 183 and the administrative and judicial review as provided therein. The Council shall notify the businesses promptly on any permit or waiver denial or decision to remove a TOD sign under these regulations.

(4) Riders may be installed for seasonal businesses which qualify only with an approved waiver and can be or are the only facility installed on a post. The rider must be a concise, one line description of the waived issue. Examples of acceptable riders include, but are not limited to, "WEEKENDS ONLY", “OPEN THURS-SUN", "OPEN 1-4PM DAILY", “OPEN MAY-SEPT", “OPEN OCT-APRIL”.

(5) Riders required as part of a criteria waiver or seasonal closure will be assessed a $100.00 fee prior to installation. Sign revision fees of $100.00 per rider will be assessed when the business changes the days or hours of operation or takes other waiver related action that requires a change in the rider message and therefore the manufacture and installation of new riders.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-8; TIC 1-1994, f. & cert. ef. 6-1-94; TIC 1-2002, f. & cert. ef. 4-19-02; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0135

Permit Fees and Installations

(1) The Council may request the Department to furnish, erect and maintain TOD signs at locations specified by the Council.

(2) Upon approval of a permit for a TOD sign, the Council shall request and authorize installation of the TOD signs from ODOT, the Council sign crew or a Council contractor as determined appropriate by the Council staff.

(3) Permit fees. The annual permit fee for each Advance and Intersection TOD sign shall be based on the traffic volume and population density in the area in which the Conventional Highway is located and payable with the contract and any renewal invoice. Permit fees will be reviewed and established annually by the Council pursuant to ORS 377.825.

(4) Permit fees will be charged according to the Council's current Schedule of Fees. When permit fees are reviewed for potential changes, the Council will send a notice of permit fee changes to each business with a TOD sign and to all interested parties requesting the information. Businesses and interested parties will have 30 days to respond in writing and/or attend a public hearing scheduled after the 30 day time period. The Schedule of Fees will also be available on the Council web site for personal download or by mail upon request.

(5) In accordance with OAR 733-030-0125, permit fees are payable with the contract and the permit shall be automatically renewed upon receipt of the annual invoice on or before the payment due date stated in the Council's invoice.

(6) Nonpayment of permit fees will result in the removal of TOD signs, and the TOD sign location will be offered to the next businesses desiring that TOD sign location. Should the TOD signs be reinstalled after removal due to nonpayment of permit fees, the Council shall charge a maintenance fee of $200 per TOD sign to be reinstalled, along with all their permit fees due.

(7) In case of removal of a TOD sign, the permit fee for any months or major portion (16 days or more) or a month remaining to the anniversary of the date of the installation of the TOD sign shall be refunded. There shall be no refund of permit fees due to temporary or seasonal closure.

(8) If a Qualified Cultural or Historical Feature is publicly owned and operated or not-for-profit as determined by the Federal Internal Revenue Service, the permit fee shall be set to the same fee schedule for Museum and Historic Site signs.

(9) TOD sign revision fees of $100 per TOD sign will be assessed when the business changes the registered business name resulting in the manufacture and installation of new TOD signs.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1983(Temp), f. & ef. 6-30-83; TIC 4-1983, f. & ef. 8-26-83; TIC 6-1988, f. & cert. ef. 12-23-88; TIC 4-1989, f. & cert. ef. 10-27-89; TIC 1-1996, f. & cert. ef. 1-8-96; TIC 2-1996, f. & cert. ef. 7-12-96; TIC 1-1997, f. & cert. ef. 2-13-97; TIC 1-1998, f. 6-8-98, cert. ef. 7-1-98; TIC 3-2000, f. 12-14-00, cert. ef. 12-15-00; TIC 1-2001, f. 5-11-01, cert. ef. 5-15-01; TIC 2-2002, f. & cert. ef. 10-30-02; TIC 3-2006, f. & cert. ef. 11-24-06; TIC 1-2009, f. & cert. ef. 4-3-09

State Historical Marker Sign Program

733-030-0150

Applicability and Purpose

(1) The purpose of these administrative rules is to establish standards for Oregon's historical marker signs erected within Conventional Highway right-of-way to provide the motorist with signing of historical or geological points of interest to the traveling public.

(2) These administrative rules are applicable to the Conventional Highway system. These rules are also applicable to Interstate Highway rest areas.

(3) The authority for the issuance of these administrative rules is ORS 377.805.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0155

Definitions

In addition to the definitions described in OAR 733-030-011, the following definitions shall apply unless the context indicates otherwise:

(1) "Applicant" means an entity, group or individual applying for the placement of a new or replacement historical marker.

(2) "Committee" means the Historical Marker Committee acting as an advisory board. The Committee meets quarterly, and consists of volunteer representatives from various governmental and historical organizations statewide. The Committee is comprised of voting members, and advisors representing six geographic sections of the state.

(3) "Defined Geological Feature" means a geological site of state or regional significance, as defined in Oregon Historical Marker guidelines.

(4) "Defined Historical Feature" means a site designated by the State Historical Marker Committee to commemorate an event, person or place of statewide or national significance, as defined in Oregon Historical Marker guidelines.

(5) "Directional Information" means an advance sign stating "historical marker ahead," or "geological marker ahead" or other necessary information to direct the motoring public to defined historical feature or defined geological feature placed on a marker.

(6) "Marker" means an historical sign panel and support structure.

(7) "Sponsor" means an entity, group or individual that is responsible for a financial contribution to the cost of the new marker, and future maintenance of the new marker. The sponsor and the Council has authority to enter into an agreement relative to matters covered by these administrative rules.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0160

Location

(1) Marker panels should be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with other signs within the Conventional Highway right-of-way and at Interstate rest areas.

(2) Marker panels should be located as close as possible to the historical or geological occurrence within the Conventional Highway right-of-way and at Interstate rest areas.

(3) The proposed location shall be reviewed and approved by ODOT.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0170

Eligibility

(1) New marker applications are limited to two applications per biennium per organization, entity or individual.

(2) New marker applications are subject to a non-refundable fee $50.00. If approved, the fee will apply toward the total cost of the marker.

(3) Acceptance of responsibility for financial partnership for cost of new marker including design, production, installation, delivery, and maintenance will be that of the sponsoring group.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95

733-030-0180

Criteria

(1) The Council shall establish a program for marking historical and geological sites in Oregon.

(2) The Council shall approve design(s) for historical markers. No person may erect a historical marker within the Conventional Highway right-of-way and at Interstate rest areas in the state format without the approval of the Council and ODOT.

(3) Markers may be erected to commemorate a person, events, places, or geological features that are judged of statewide or national significance as stated in the State historical markers program guidelines.

(4) Sponsoring groups have six months following the application approval in which to complete the text approval process, and to submit appropriate graphics to the Council to produce the panels.

(5) The Historical Marker Committee may issue a waiver for location of markers off Conventional Highway right-of-way, or not visible from the Conventional Highway. ODOT is not responsible for markers located off Conventional Highway right-of-way.

(6) If Council funds allocated for funding the markers have been exhausted for the biennium, markers may be privately funded. A privately funded marker must follow state approved design when located on Conventional Highway right-of-way or located on private land. A privately funded marker becomes the property of the Council.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0190

Composition

(1) New historical markers shall have a wooden support structure and a fiberglass embedded interpretive panel following approved program format(s).

(2) The words "Oregon History" or "Oregon Geology" shall be at the top of the marker.

(3) The Council and the Historical Marker Committee shall have authorization to augment the single design format with other design formats as requests.

(4) The sponsoring group may place as a credit line their organizational symbol in the bottom color band, lower right. Commercial sponsors will be allowed corporate logos or trademarks in black and white only and in accordance with the marker design.

(5) Initial text shall be submitted by the sponsoring group, and may be edited by the Council. Text may be from 150-300 words, partially dependent on the graphics submitted to accompany the text. Text should be factual, stressing statewide or national significance, and be accompanied by a source bibliography.

(6) Graphics such as photographs, maps and illustrations that augment the proposed text are to be submitted by the sponsoring group. If not available, the sponsoring group or appropriate agency is responsible for working with a design firm or appropriate agency to procure such graphics.

(7) Advance signs shall be installed for all markers placed on Conventional Highway right-of-way excluding Interstate Highway rest areas. See ODOT's Sign Policy Guidelines (see current drawings D-424 and D-424A) for specifications.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0200

Fees and Installation

(1) The Council shall furnish, erect and maintain state historical markers, as required.

(2) Upon the approval of an application for a marker the Council shall direct the installation of the marker.

(3) Fees are determined by the total cost of the marker. Fees are payable within 30 days following the installation date.

(4) The applicant shall be notified when the marker is erected.

(5) Limited Council funds available for historical markers will be used in combination with local sponsorship funding.

(6) If Council funds have been exhausted for the biennium or indefinitely, the sponsor or applicant may fund the entire cost of a marker, although following state guidelines.

(7) Agencies, organizations or entities may elect to co-sponsor historical markers while following state guidelines.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95

733-030-0210

Temporary Removal and Reinstallation

(1) Upon request the Council and Committee may authorize a relocation of an existing or new historical marker upon a showing by the applicant that the granting of such a relocation will benefit the motoring public and not violate the overall intent of these administrative rules. Relocation may only occur with the written permission of the Council and ODOT.

(2) All costs including site preparation and advance signing, associated with moving the marker must be borne by the party desiring the relocation.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95

733-030-0220

Maintenance

(1) New Historical markers and those refurbished by the Council are the property of the Council, which is responsible for their maintenance, but the Council encourages cooperative maintenance agreements with the sponsoring group.

(2) If the sponsoring group elects not to maintain the marker and immediate grounds on which the marker is erected, an annual fee shall be paid by the sponsoring group.

(3) Any significant physical changes by the sponsor to the marker or grounds must be approved in advance by the Council and ODOT.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 4-1995, f. & cert. ef. 11-8-95

Museum and Historic Site Signs

733-030-0250

Applicability and Purpose

(1) The purpose of these regulations is to establish standards for Museum and Historic Site signs erected within Conventional Highway rights-of-way to provide directional information to Museum or Historic Sites offering services or activities to the motoring public.

(2) These regulations are applicable to the Conventional Highway system.

(3) The authority for the issuance of these regulations is ORS 377.805.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0260

Definitions

In addition to the definitions described in OAR 733-030-011, the following definitions shall apply unless the context indicates otherwise:

(1) "Directional Information" means the registered business name of the qualified Museum or Historic Site and other necessary information to direct the motoring public to the qualified Museum or Historic Site placed on a Museum and Historic Site sign.

(2) "Museum and Historic Site Sign" means a sign with the registered business name of a qualified Museum or Historic Site together with directional information erected in advance of or at intersections on the Conventional Highway system.

(3) "Qualified Historic Site" means a district or property approved by the Council and currently listed in the National Register of Historic Places or designated as nationally significant by the United States Department of the Interior.

(4) "Qualified Museum" means a museum approved by the Council after consulting with the Oregon Historical Society and the Oregon Museum Association.

(5) "Responsible Operator" means a person or entity other than an owner who operates a qualified Museum or Historic Site and has the authority to enter into an agreement relative to matters covered by these regulations.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0270

Location

(1) Museum or Historic Site signs are intended for use primarily in rural areas. They can be installed in urban areas if a suitable location is available and approved by ODOT. Any installation of Museum or Historic Site signs outside rural areas shall be consistent with the state signing policy criteria contained in rule 733-030-0320.

(2) Museum or Historic Site signs should be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with other traffic control devices within the Conventional Highway right-of-way.

(3) Museum or Historic Site signs shall not be installed until a thorough investigation by the Engineer determines that no conflict resulting in unsafe driving conditions will exist with other official traffic control devices.

(4) Museum or Historic Site signs shall not be used at interchanges on Interstate Highways or Expressways.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 3-2004, f. & cert. ef. 11-15-04; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0280

Criteria for Information Permitted

(1) Each qualified Museum or Historic Site shall give written assurance to the Council of its conformity with all applicable laws concerning the provisions of public accommodations without regard to race, religion, color, sex, or national origin, and shall not be in breach of that assurance.

(2) The Museum or Historic Site must be located within one mile of the intersection from where the Museum or Historic Site sign may be installed. The distance is measured by vehicle distance from the center point of the intersection to the nearest point of the intersection of the driveway of the site and the Conventional Highway. However, any Museum or Historic Site set out in this section located within 15 miles of an intersection, but more than one mile from an intersection may apply to the Council for a waiver under the provisions of rules 733-030-0320(2) and 733-030-0340.

(3) Except for undeveloped Museum or Historic Sites, a qualified cultural or historic feature shall have:

(a) Restroom facilities and drinking water available;

(b) Open to the public at least 1,040 hours per year which is four hours per day, five days a week; if located more than one mile from the Conventional Highway, they will need to be open a minimum of 1,248 hours per year, which is four hours a day, six days a week;

(c) Licensing where required;

(d) Adequate parking accommodations.

(e) Museum offerings must be the primary source of business for the cultural feature

(4) Qualified undeveloped cultural or historic features shall include:

(a) Adequate parking accommodations; and

(b) An informational device to provide public knowledge of the feature.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0290

Composition

(1) Museum or Historic Site signs shall have a brown reflective background with a white reflective border and directional and name legends. The content of the name legend shall be limited to the registered business name, in whole or in part. Intersection Museum or Historic Site signs shall be the same as the Advance Museum or Historic Site signs except that in lieu of the directional legend, the Museum or Historic Site Intersection sign shall include a separate direction arrow and the distance to the facility to the nearest one-quarter mile, as may be required by the Engineer. Messages, symbols and trademarks which resemble any official traffic control devices are prohibited. All Museum or Historic Site signs shall conform to applicable portions of the Manual On Uniform Traffic Control Devices including but not limited to size, location and spacing.

(2) All directional arrows, letters, numbers, name legends, and directional legends shall be white and reflective.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0300

Special Requirements -- Conventional Highways

(1)(a) Location. Intersection signs cannot be used unless the qualifying Museum or Historic Site also has an Advance sign.

(b) Signs shall not be displayed for any feature if its building or on-premise signing is visible and/or recognizable on the traveled way for a distance of 300 feet or more from the intersection or driveway. Visibility and identification are determined by being able to recognize the site, by observing the building itself or existing signing adjacent to or attached to the site. A site that is visible within 300 feet or more, but is not recognizable, may qualify for signing if such a favorable determination is made by the Engineer. Intersection and Advance Museum or Historic Site signs shall be as described in rule 733-030-0290(2). The option of using Intersection Museum or Historic Site sign at all locations shall be determined on the basis of an engineering study.

(2) Composition. A maximum of three Museum or Historic Site signs per post may be displayed in advance of each intersection and at each intersection. A maximum of three posts may be utilized in advance of and at any intersection.

(3) Size:

(a) Individual Museum and Historical Site Intersection signs shall not exceed 72 inches in width and 18 inches in height.

(b) Individual Museum and Historical Site Advance signs shall not exceed 60 inches in width and 18 inches in height and shall be located beneath a directional legend sign not to exceed 60 inches in width and 12 inches in height.

(4) Any Intersection Museum or Historic Site sign erected or pending as the Advance sign before September 19, 1988, may be maintained.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 3-2004, f. & cert. ef. 11-15-04; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0320

State Sign Policy

(1) Museum or Historic Site signs are primarily intended for installation at rural intersections where qualified cultural or historic features are available. Museum or Historic Site signs may be considered within other areas if an appropriate location is available and approved by ODOT.

(2) If a business qualifies for a Logo Sign then it does not qualify for a Museum or Historic Site sign.

(3) If a qualified cultural or historic feature, existing within one mile of an intersection, does not apply for a Museum or Historic Site sign at an intersection, then an otherwise eligible site which is located more than one mile but less than 15 miles from an intersection may apply for a Museum or Historic Site sign. If the otherwise eligible site is within 15 miles but more than one mile from an intersection, it must obtain a waiver as provided in rule 733-030-0340.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0330

Application and Eligibility

(1) If more than three requests for Museum and Historic Site signs are received for any one intersection, the order of priority for Museum and Historic Site signs shall be based on the date of receipt of a properly completed application. The subsequent site will be placed on a wait list for Museum and Historic Site signs at that intersection.

(2) The owner or responsible operator of a qualified Museum or Historic Site must file an application for the Museum or Historic Site sign on a form specified by the Council.

(3) Any grant of a new or renewed permit shall entitle the site to continuance of its Museum or Historic Site signs for a period of one year from the date of installation or renewal.

(4) Eligibility of a qualified Museum or Historic Site for continued installation of their Museum or Historic Site sign may be reviewed by the Council at any time to assess whether the Museum or Historic Site and/or sign location meets present guidelines. If the review finds that the Museum or Historic Site and/or the sign location does not meet all applicable rules and laws, the sign may be removed. If payment is not received for a renewal permit on or before the payment due date stated in the Council's invoice, the Museum or Historic Site sign may be removed. The sign space made available after the removal of a Museum or Historic Site sign due to nonpayment of permit fees may be subject to a new study to assess whether the Museum or Historic Site sign meets present guidelines. If not, the Museum or Historic Site sign shall not be reinstalled.

(5) Notwithstanding section (3) of this rule, the Museum or Historic Site sign shall be subject to removal for failure to comply with subsections (a), (b), (c), or (d) of this section:

(a) If the annual permit fee payment is not received on or before the payment due date stated in the Council's invoice.

(b) If the qualified Museum or Historic Site fails on a sufficient number of occasions or over a sufficient period of time to provide all of the services required by rule 733-030-0280(3), so as to justify a finding by the Council that the site is not in substantial compliance with these regulations.

(c) If the qualified cultural or historic site fails during its normal business season to be accessible to the public for more than seven consecutive days or for more than 10 days cumulatively, during any one month period, unless the Council finds that the closure was beyond the control of the owner or responsible operator, or that the closure was justified by extenuating circumstances.

(d) If it fails to comply with rule 733-030-0280(1), except in isolated instances without the knowledge of the owner or responsible operator or on any occasion unless steps are promptly taken to insure to the fullest extent reasonably possible that such instances will not recur.

(6) If due to fire, accident or similar causes, a qualified Museum or Historic Site becomes inoperable for an extended period of time, exceeding seven days, but not more than 90 days, it’s Museum or Historic Site signs, shall be temporarily removed, but the site shall not lose its priority, nor be required to reapply prior to the normal time for a renewal. Further extension may be granted on good cause shown. However, failure of the owner or responsible operator to proceed with necessary repairs as rapidly as possible shall cause loss of the right to continued placement of the Museum or Historic Site sign and require the Museum or Historic Site a new application.

(7) Notwithstanding the fact that a Museum or Historic Site meets all of the other eligibility qualifications of these regulations, a site may be denied if it is determined by the Engineer that adequate direction to the site cannot be given by a reasonable number of allowable Museum or Historic Site signs and Trailblazers.

(8) Should a Museum or Historic Site be closed for 30 days or more, their signs will be covered with a blank panel. The signs will remain covered during the Museum or Historic Site’s seasonal closure.

(9) Those Museum or Historic Sites that had "closed" riders installed prior to November 15, 1996, will continue to use the "closed" riders as long as it is determined by the Council and ODOT that they can be easily accessed and safely operated.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 2-2002, f. & cert. ef. 10-30-02; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0340

Waiver

(1) Upon petition by a site the Council may authorize a waiver for qualified Museum or Historic Sites located within 15 miles of a Conventional Highway but more than one mile from the intersection if the cultural or historic site is easily located from the intersection and no additional Museum or Historic Site signs would be necessary to direct the traveling public to the cultural or historic site or if adequate signing can be provided on the county road or city street to guide the motorist to the cultural or historic site. The qualified Museum or Historic Site shall also be open at least four hours a day, six days a week.

(2) Upon request by a site, the Council may authorize a waiver upon a showing on the application that the granting of such a waiver will benefit the motoring public and not violate the overall intent of these regulations. The sections under which waivers may be granted under this section are rules 733-030-0280(2) and (3).

(3) Procedures. Administrative Procedure Act -- Any order of the Council denying an application or waiver under these rules, or for removal of a sign under the Regulations, may be entered administratively without hearing, subject to requirements of ORS Chapter 183 and the administrative and judicial review as provided therein. The Council shall notify the site promptly on any permit or waiver denial or decision to remove a Museum or Historic Site sign under these regulations.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 1-2009, f. & cert. ef. 4-3-09

733-030-0350

Permit Fees and Installations

(1) Upon approval of a permit for a Museum or Historic Site sign, the Council may furnish, erect and maintain the signs, as required.

(2) The Council shall notify the site promptly when a permit has been approved.

(3) Permit Fees. Permit fees will be reviewed and established annually by the Council pursuant to ORS 377.825. Permit fees will be charged according to the Council's current Schedule of Fees. When permit fees are reviewed for potential changes, the Council will send a notice of permit fee changes to each site with a Museum or Historical Site sign and to all interested parties requesting the information. Sites and interested parties will have 30 days to respond in writing and/or attend a public hearing scheduled after the 30 day time period. The Schedule of Fees will also be available on the Council web site for personal download or by mail upon request.

(4) In case of removal of a Museum or Historic Site sign, the annual permit fee for any months or major portion (16 days or more) or a month remaining to anniversary of the date of the installation of the sign shall be refunded. There shall be no refund of annual permit fees due to temporary or seasonal closure.

(5) Should the signs be reinstalled after removal due to nonpayment of annual permit fees, the Council shall charge a reinstallation fee of $200 per sign to be reinstalled, along with all annual permit fees due.

(6) Sign revision fees of $100 per Museum or Historic Site sign will be assessed if the site changes the registered business name resulting in the manufacture and installation of new Museum or Historic Site signs.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-1997, f. & cert. ef. 11-3-97; TIC 1-2002, f. & cert. ef. 4-19-02; TIC 1-2003, f. & cert. ef. 9-11-03; TIC 3-2006, f. & cert. ef. 11-24-06; TIC 1-2009, f. & cert. ef. 4-3-09

Interstate Oasis Sign Program

733-030-0400

Applicability and Purpose

(1) The purpose of these regulations is to establish standards for Interstate Oasis signing erected within highway rights-of-way to provide directional information to qualified facilities that provide products and services to the public.

(2) These regulations are applicable to the Interstate Highway system.

(3) The authority for the issuance of these regulations is Oregon Laws 1979, Chapter 478, Section 7 and 23 U.S.C. 109(d), 131(f), 315 and 49 CFR 1.48(b).

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09

733-030-0410

Definitions

In addition to the definitions described in OAR 733-030-0011, the following definitions shall apply unless the context clearly indicates otherwise:

(1) “Interstate Oasis” means a facility near an Interstate Highway but not within the Interstate right-of-way, designated by the Council after meeting the eligibility criteria of this policy, that provides products and services to the public, 24-hour access to public restrooms, and parking for automobiles and heavy trucks.

(2) “Guide sign” means a sign that shows route designations, destinations, directions, distances, services, points of interest, or other geographical, recreational, or cultural information.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09

733-030-0420

Location

(1) Interstate Oasis signs are intended for use primarily in rural areas. Urban areas may be considered if a suitable location is available and approved by ODOT.

(2) Interstate Oasis signs should be located so as to take advantage of natural terrain, to have the least impact on the scenic environment, and to avoid visual conflict with other signs within the highway right of way. Unprotected sign supports located within the clear zone shall be of a breakaway design.

(3) If adequate sign spacing allows, a separate Interstate Oasis sign should be installed in an effective location with a spacing of at least 800 feet from other adjacent guide signs, including any Logo signs. This sign should be located in advance of the advance guide sign or between the advance guide sign and the exit direction sign for the exit leading to the Oasis.

(4) If the spacing of other guide signs precludes use of a separate Interstate Oasis sign, a supplemental sign with a white legend and border on a blue background may be appended above or below an existing specific service sign or general service sign for the interchange.

(5) There shall be no more than one Interstate Oasis sign erected in advance of an interchange in each direction of travel.

(6) The proposed locations of Interstate Oasis signs must be reviewed and approved by the Engineer to determine that no conflicts resulting in unsafe driving conditions will exist with other traffic control devices.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09

733-030-0430

Eligibility Criteria

(1) Each qualified Interstate Oasis facility identified on a sign shall have given written assurance to the Council of its conformity with all applicable laws concerning the provision of public accommodations without regard to race, religion, color, age, sex, or national origin, meet all applicable Federal and State Americans with Disabilities Act (ADA) guidelines, and shall not be in breach of that assurance. Each qualified business will offer services to all citizens.

(2) Each qualified Interstate Oasis facility shall have appropriate business and health department licensing where required.

(3) Each qualified Interstate Oasis facility shall be located no more than 3 miles from an interchange with an Interstate Highway. Greater distances, in 3-mile increments up to a maximum of 15 miles may be considered for interchanges in very sparsely developed rural areas where eligible facilities are not available within the 3-mile limit.

(4) Each qualified Interstate Oasis facility shall be accessible via a route that can safely and conveniently accommodate vehicles of the types, sizes, and weights that would be traveling to the facility, entering and leaving the facility, returning to the Interstate highway, and continuing in the original direction of travel.

(5) Each qualified Interstate Oasis facility shall have physical geometry of site layout, including parking areas and ingress/egress points, that can safely and efficiently accommodate movements into and out of the site, onsite circulation, and parking by all vehicles, including heavy trucks of the types, sizes, and weights anticipated to use the facility.

(6) Each qualified Interstate Oasis facility shall have restrooms available to the public at all times (24 hours per day, 365 days per year). Restrooms should be modern and sanitary and should have drinking water. The restrooms and drinking water should be available at no charge or obligation.

(7) Each qualified Interstate Oasis facility shall have parking spaces available to the public for 50 automobiles and 50 heavy trucks. The parking spaces should be well lit and should be available at no charge or obligation for parking durations of up to 10 hours or more, in sufficient numbers for the various vehicle types, including heavy trucks.

(8) Each qualified Interstate Oasis facility shall provide products and services to the public. These products and services should include: public telephone; food (vending, snacks, fast food, and/or full service); and fuel, oil, and water for automobiles, trucks, and other motor vehicles.

(9) Each qualified Interstate Oasis facility should be staffed by at least one person on duty at all times (24 hours per day, 365 days per year).

(10) In cases where no single business near an interchange meets all the eligibility criteria, the Council may allow the criteria to be satisfied by a combination of two or more businesses located immediately adjacent to each other and easily accessible on foot from each other’s parking lots via pedestrian walkways compliant with ADA and that do not require crossing a public highway.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09

733-030-0440

Composition

(1) A separate Interstate Oasis sign shall have a blue reflective background with a white reflective border and white reflective legends. The directional legend shall consist of the exit number, or an action message such as “NEXT RIGHT,” and the service legend shall read “INTERSTATE OASIS.” All numbers shall be 10 inches in height and all words shall be in 10-inch capital letters.

(2) A supplemental Interstate Oasis sign shall have the legend “OASIS” in white reflective 10-inch capital letters on a blue reflective background with white reflective border.

(3) If Logo signing is provided at the interchange, a business designated as an Interstate Oasis and having a Logo plaque on a Logo sign may use the bottom portion of the plaque to display the word “OASIS” as a supplemental message.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09

733-030-0450

Special Requirements — Interstate Highways and Expressways

If Supplemental Logo plaques containing the supplemental message “OASIS” are not used on the exit ramp, a Trailblazer sign with a white legend (minimum 6 inch letters) and border on a blue background must be provided on the exit ramp to indicate the direction and distance to the Interstate Oasis, unless the Interstate Oasis is clearly visible and identifiable from the exit ramp. Additional Trailblazer signs may be used, if determined to be necessary, along the cross road to guide motorists to the Oasis.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09; TIC 1-2011, f. & cert. ef. 9-22-11

733-030-0460

State Sign Policy

(1) If an eligible Interstate Oasis facility existing within three miles of an interchange has not applied for a permit for Interstate Oasis signing, then an otherwise eligible Interstate Oasis facility that is located farther than three miles from the interchange may apply for a permit.

(2) If applications are received for any one interchange from more than one eligible Interstate Oasis facility, the order of priority shall be based on the date of the properly completed application received by Council.

(3) The owner or responsible operator of an Interstate Oasis facility must file an application for Interstate Oasis signing on a form specified by the Council.

(4) Eligibility of Interstate Oasis facilities for continued placement of their Interstate Oasis signing may be reviewed by the Travel Information Council at any time to assess whether the facilities and sign locations meet present guidelines. If the review finds that the facility and/or the signing location does not meet all applicable rules and laws, the signing may be removed.

(5) In consideration for the Council's grant of a permit, the Interstate Oasis facility waives any claim it may have against the State of Oregon, the Council, their officers, employees or agents that may arise from the removal, relocation, displacement, destruction of or damage to the Interstate Oasis signing, sign panel due to any cause, including but not limited to highway construction work, highway re-design or reconfiguration, vehicular collision, accident, vandalism, forces of nature or other acts of God.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09

733-030-0470

Waiver

Procedures. Administration Procedure Act. Any order of the Council denying a permit under these rules, or for removal of a sign under the Regulations, may be entered administratively without hearing, subject to requirements of ORS Chapter 183 and the administrative and judicial review as provided therein. The Council shall notify businesses promptly on any permit denial or decision to remove a sign under these regulations.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09

733-030-0480

Installation and Permit Fees

(1) Upon approval of a permit, the Council may furnish, erect and maintain Interstate Oasis signs as required and shall notify the business applying for those signs when a permit has been approved.

(2) Upon the approval of a permit for Interstate Oasis signs, the Council shall issue a Request for Quotation (RFQ) from qualified contractors and suppliers to determine the total construction and fabrication costs to install the Interstate Oasis signs.

(3) All costs to install the Interstate Oasis signs shall be paid for by the business applying for those signs.

(4) Installation fees are determined by the total cost of the Interstate Oasis signs. Fees are payable within 30 days following the installation date.

(5) Permit fees will be reviewed and established annually by the Council pursuant to ORS 377.825 and will be charged according to the Council's current Schedule of Fees. When permit fees are reviewed for potential changes, the Council will send a notice of permit fee changes to the business with an Interstate Oasis sign permit and to all interested parties requesting the information. Businesses and interested parties will have 30 days to respond in writing and/or attend a public hearing scheduled after the 30 day time period. The Schedule of Fees will also be available on the Council web site for personal download or by mail upon request.

(6) Permit fees are payable with the contract and the permit shall be automatically renewed upon receipt of the annual invoice on or before the payment due date stated in the Council's invoice.

Stat. Auth.: ORS 377.700 - 377.840
Stats. Implemented: ORS 183.310 - 183.550
Hist.: TIC 2-2009, f. & cert. ef. 6-1-09

Free Coffee Program

733-030-0500

Applicability and Purpose

(1) The purpose of these regulations is to establish rules for the "free coffee" program service sponsored by non-profit organizations in rest areas; permissible under federal regulations and state law; and found by the Council, in certain instances, to be in the interest of public safety.

(2) These regulations are applicable to those rest areas managed by the Council.

(3) The authority for the issuance of these regulations is Oregon Laws 2012, Section 10, Chapter 63.

Stat. Auth.: Oregon Jobs & Transportation Act 2009 (HB 2001)
Stats. Implemented:
Hist.: TIC 1-2010, f. & cert. ef. 3-15-10; TIC 1-2012, f. & cert. ef. 10-11-12

733-030-0510

Definitions

In addition to the definitions described in OAR 733-030-0011, the following definitions shall apply unless the context clearly indicates otherwise:

(1) “Cookie” means cookies or brownies available from a licensed facility but not cake, bagels, donuts, coffee cake, candy bars, or other similar items.

(2) “Free Coffee” means coffee and any other non-alcoholic beverage not available in the rest area vending machines.

(3) “Free Coffee Program Application and Permit” means a permit available from the Council requesting permission to sponsor a free coffee service at a specified interstate rest area.

(4) “Non-profit organization” means an organization that has been granted non-profit status by the Internal Revenue Service.

Stat. Auth.: Oregon Jobs & Transportation Act 2009 (HB 2001)
Stats. Implemented:
Hist.: TIC 1-2010, f. & cert. ef. 3-15-10

733-030-0520

Criteria

(1)(a) Organizations may make written requests for permission to sponsor a "free coffee" service at a specific rest area directed to the Council not more than 60 days prior to the date(s) requested. Requests must be submitted on form "Free Coffee Program Application and Permit" available from the Council;

(b) The organization must certify that they have been granted non-profit status by the Internal Revenue Service (IRS) and may be required at the discretion of the Council to provide a copy of the IRS determination letter;

(c) The Council will grant permission for the activity by way of a permit issued to the selected organization. The selection will be made not less than 30 days in advance of the date(s) requested from all permits received, and will be based on a random drawing conducted by the Council if multiple requests for the same date(s) and location are received. For purposes of issuing permits, if a rest area is sited on both sides of the highway, each side of the rest area will be considered a single location;

(d) Permits will be issued for a single location in 24-hour increments (12:00 a.m.–11:59 p.m.) for up to 3 consecutive days per permit with a maximum of three permits per month;

(e) Only one organization will be granted a permit for a single location for any particular date or time;

(f) The Council may decline to issue any permits for a single location or for any particular date or time; and

(g) A copy of the permit must be on-site during operation of the "free coffee" service;

(2) The "free coffee" service will be located in a designated area of the rest area. The area will be designated by the Council. The service is not permitted to obstruct access to any building or other structure in the rest area. The area is to be kept neat and free of litter, cups, etc., associated with the service.

(3) The organization shall comply with all state and local health department rules and regulations.

(4) Carbonated beverages shall not be distributed under the "free coffee" program in rest areas where carbonated beverages are available in vending machines.

(5) Coffee and cookies are to be free of charge to the public. Donations may be received by the organization but not sought or requested, except for the allowed use of one opaque container with the words "donations" or "contributions" in a maximum of one-inch letters.

(6) No more than two signs or posters with a maximum area of ten square feet each may be used to identify the "free coffee" service and the organization by name only i.e. "Free Coffee -- Served By -- (organization name)." Signs or posters may only be placed in the area designated for the service including on vehicles within which the service is provided, and must be removed when the service is closed and upon expiration of the permit. No signs are to be placed outside the rest area confines by the organization other than official "Free Coffee" signs that may be provided by the Council.

(7) The organization is responsible for all products and supplies necessary to provide "free coffee" service in the rest area including any extraordinary costs incurred by the Council as a result of this service. The Council reserves the right to charge the non-profit organization a fee for the electrical usage while offering the “free coffee’ service at the rest areas. The Council may provide access to limited electricity and water as determined by the Council.

(8) Permits are not transferable and are revocable for non-compliance with any state statute, rest area rules, or the terms of the permit. Repeated failure to comply with the rules and regulations may result in the organization's forfeiture of right to future participation in the program.

Stat. Auth.: Oregon Jobs & Transportation Act 2009 (HB 2001)
Stats. Implemented:
Hist.: TIC 4-2009(Temp), f. & cert. ef. 11-10-09 thru 5-9-10; TIC 1-2010, f. & cert. ef. 3-15-10

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