PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 10-06-067.
Title of Rule and Other Identifying Information: Minor revisions to chapter 468-70 WAC, Motorist information signs.
Hearing Location(s): 310 Maple Park Avenue S.E., Transportation Commission Board Room 1D2, Olympia, WA 98503, on May 26, 2010, at 1:00 p.m.
Date of Intended Adoption: May 26, 2010.
Submit Written Comments to: Rick Mowlds, P.O. Box 47344, Olympia, WA 98504-7344, e-mail mowldsr@wsdot.wa.gov, fax (360) 705-6826, by May 25, 2010.
Assistance for Persons with Disabilities: Contact WSDOT reception desk by May 25, 2010, (360) 705-7000.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will amend existing rules to incorporate signing eligibility requirements for curb service drive-in food activities and to clarify the specification for business sign materials.
Reasons Supporting Proposal: The rule is needed to authorize curb service drive-in food activities as eligible for business signs, and to enhance the quality and consistency of all business signs statewide.
Statutory Authority for Adoption: RCW 47.36.030 and 47.36.320.
Statute Being Implemented: None.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state department of transportation, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Rick Mowlds, Olympia, Washington, (360) 705-7988.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule is exempt from the small business economic impact statement process under RCW 19.85.025(3) and 34.05.310 (4)(c) and (d). There is no economic impact to small business because participation in the motorist information sign program is voluntary.
A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is exempt under RCW 34.05.328 (5)(b)(iii) and (iv). The rule does not materially change federal regulations or Washington state law. The rule reflects national food service user trends and clarifies language without changing its effect.
April 16, 2010
Stephen T. Reinmuth
Chief of Staff
OTS-3084.1
AMENDATORY SECTION(Amending WSR 06-15-018, filed 7/7/06,
effective 8/7/06)
WAC 468-70-020
Definitions.
When used in these
regulations the term:
(1) "Conventional road" shall mean a noninterstate highway which is not an expressway or freeway.
(2) "Curb service" shall mean that food may be ordered from a vehicle parked in a drive-in service stall and served to a vehicle window by food service staff. At no time shall the vehicle driver or any passenger be required to leave the vehicle to order or be served food.
(3) "Department" shall mean the Washington state department of transportation.
(((3))) (4) "Expressway" shall mean a divided arterial
highway for through traffic with partial control of access and
grade separations at most major intersections.
(((4))) (5) "Fee zone" means:
(a) Fee zone 1, freeways and expressways with average daily trips greater than eighty thousand;
(b) Fee zone 2, freeways and expressways with average daily trips less than eighty thousand;
(c) Fee zone 3, conventional highways.
(((5))) (6) "Freeway" shall mean an expressway with full
control of access, and grade separations over the entire
length of the numbered highway route.
(((6))) (7) "Motorist information signs" shall mean the
same as specific service signs as set forth in the Manual on
Uniform Traffic Control Devices adopted by the department as
chapter 468-95 WAC.
(((7))) (8) "Motorist service activity" shall mean a
business furnishing gas, food, lodging, camping, recreation,
tourist-oriented, and twenty-four-hour pharmacy services.
(((8))) (9) "Owner" shall mean a person who owns or
operates a motorist service activity and who has authority to
enter into and be bound by agreements relevant to matters
covered by these regulations.
(((9))) (10) "Qualified tourist-oriented business" means
any lawful cultural, historical, recreational, educational, or
entertaining activity or a unique or unusual commercial or
nonprofit 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.
(((10))) (11) "RV symbol" means a logo, for a business or
destination that accommodates recreational vehicles, designed
and attached to a business sign in accordance with WAC 468-70-060(4).
(((11))) (12) "Supplemental directional panel" shall mean
a motorist information sign panel located on, opposite, or at
the terminus of an exit ramp bearing business sign for a
qualified motorist service activity and directional
information.
(((12))) (13) "Tourist-oriented directional (TOD) sign"
means a sign on a motorist information sign panel on the state
highway system to provide directional information to a
qualified tourist-oriented business, service, or activity.
(((13))) (14) "Trade name" shall mean any brand name,
trade mark, distinctive symbol or other similar device or
thing used to identify a particular motorist service.
(((14))) (15) "Urban area" shall mean an area including
and adjacent to a municipality or other place of five thousand
or more population as shown by the latest available federal
census.
[Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. 06-15-018, § 468-70-020, filed 7/7/06, effective 8/7/06. Statutory Authority: ESHB 2474, 2004 c 229 § 218 and RCW 47.36.310 and 47.36.320. 04-16-056, § 468-70-020, filed 7/29/04, effective 8/29/04. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 00-01-184 (Order 196), § 468-70-020, filed 12/22/99, effective 1/22/00. Statutory Authority: Chapter 47.42 RCW. 86-08-023 (Order 103), § 468-70-020, filed 3/25/86; 85-17-012 (Order 96), § 468-70-020, filed 8/12/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-020, filed 12/20/78. Formerly WAC 252-42-010.]
(a) Gas activity:
(i) Provide vehicle services including fuel, oil, tire repair and water; and
(ii) Be in continuous operation at least sixteen hours a day, seven days a week; and
(iii) Provide restroom facilities, drinking water and a telephone access;
(iv) Motorist information sign panels may be installed and existing signing will not be removed when the motorist service activity is closed for a short period of time or when its hours of operation have been reduced as a result of a shortage of gasoline;
(v) Activities not meeting the tire repair requirement of (i) of this subsection but have gas, oil, and water may qualify for signing provided that the motorist information sign panel displays fewer than the full complement of business signs. A telephone must also be available at no cost for a person to use to acquire tire repair;
(vi) Business signs for card-lock gas activities may be installed, provided that the activities serve the general motoring public, without membership, and accept a variety of credit cards available to the general public. Card-lock gas activities must also meet the applicable requirements of (a)(i) through (v) of this subsection.
(b) Food activity:
(i) Be licensed or approved by the county health office; and
(ii) Food activities in fee zones 1 and 2 shall be in continuous operation to serve meals for a minimum of ten hours a day six days a week, and food activities in fee zone 3 shall be in continuous operation to serve meals for a minimum of eight hours a day six days a week; and
(iii) Have inside seating for a minimum of twenty patrons and parking facilities for a minimum of ten vehicles; and
(iv) If curb service is provided, have a minimum of ten drive-in service stalls; and
(v) Provide telephone and restroom facilities.
(c) Lodging activity:
(i) Be licensed or approved by the Washington department of health; and
(ii) Provide adequate sleeping and bathroom accommodations available without reservations for rental on a daily basis; and
(iii) Provide public telephone facilities.
(d) Camping activity (applicable only for activities available from interstate highways):
(i) Have a valid business license;
(ii) Consist of at least twenty camping spaces and have adequate parking, modern sanitary and drinking water facilities for such spaces; and
(iii) Have an attendant on duty to manage and maintain the facility twenty-four hours a day while in operation.
(e) Recreation activity (applicable only for activities available from noninterstate highways):
(i) Consist of activities and sports of interest to family groups and the public generally in which people participate for purposes of active physical exercise, collective amusement or enjoyment of nature; e.g., hiking, golfing, skiing, boating, swimming, picnicking, camping, fishing, tennis, horseback riding, ice skating and gun clubs; and
(ii) Be licensed or approved by the state or local agency regulating the particular type of business; and
(iii) When the recreational activity is a campground, it must meet the criteria specified in WAC 468-70-050 (1)(d)(i) thru (iii).
(iv) Activities must be open to the motoring public without appointment, at least six hours a day, five days a week including Saturday and/or Sunday.
(f) Tourist-oriented business activity:
(i) A natural, recreational, historical, cultural, educational, or entertainment activity, or a unique or unusual commercial or nonprofit activity, the major portion of whose income or visitors are derived during its normal business seasons from motorists not residing in the immediate area of the activity.
(ii) Be listed as a historic district on the National Register of Historic Places, on the Washington Heritage Register, or as a National Historic Landmark with the state's office of archaeology and historic preservation. Signs on private property that mark the entrance to the historic district and a letter of support by the jurisdictional local agency are required.
(iii) Be a commercial district as adopted by a city ordinance or resolution with a minimum of one million square feet of leasable commercial space located within one square mile. The commercial district must provide a unique commercial activity where the majority of the district's customers do not reside in the city where the commercial district is located. The commercial district shall be located within one mile of the nearest state highway. Only the name of the commercial district will be displayed on the business sign. Corporate logos may not be displayed.
(iv) Activities must be open to the motoring public without appointment, at least six hours a day, five days a week including Saturday and/or Sunday.
(g) Twenty-four-hour pharmacy:
(i) Be open twenty-four hours a day, seven days a week.
(ii) Have a state-licensed pharmacist present and on duty at all times.
(2) To be eligible for a RV symbol on its business sign, the business or destination shall have amenities, designed to accommodate recreational and other large vehicles, including:
(a) A hard-surfaced access to and from the business, that is free of potholes and is at least twelve feet wide with minimum turning radii of fifty feet.
(b) The roadway access and parking facilities must be free of utility wires, tree branches, or other obstructions up to fourteen feet above the surfacing.
(c) Facilities having short-term parking, such as restaurants and tourist attractions, must have a minimum of two parking spaces that are at least twelve feet wide and sixty-five feet long with a minimum turning radius of fifty feet for entering and exiting.
(d) Fueling islands must be located to allow for pull-through with a minimum entering and exiting turning radius of fifty feet.
(e) Canopied fueling islands must have a fourteen-foot minimum overhead clearance.
(f) Fueling facilities selling diesel are required to have pumps with noncommercial nozzles.
(g) For campgrounds, a minimum of two parking spaces at least eighteen feet wide and forty-five feet long are required.
(h) Business activities must also post directional signing on the premises as needed to indicate RV-friendly parking spaces and other on-site RV-friendly services, so that the motorist is given additional guidance upon leaving the public highway and entering the property.
(3) Distances prescribed herein will be measured from the center of the interchange or intersection along the centerline of the most direct public road to the facility access.
(4) The maximum distance that gas, food, lodging, camping, recreational, or tourist-oriented activities can be located on either side of an interchange or intersection to qualify for a business sign shall be as follows:
(a) From an interstate highway, gas, food, and lodging activities shall be located within three miles in either direction. Camping or tourist-oriented activities shall be located within five miles in either direction;
(b) From a noninterstate highway, gas, food, lodging, recreation, or tourist-oriented activities shall be located within five miles in either direction.
(c) A twenty-four-hour pharmacy must be located within three miles of an interstate or noninterstate highway.
(d) Where there are fewer than the maximum number, as specified in WAC 468-70-060 (3)(a), of eligible services within the distance limits prescribed in (a) and (b) of this subsection, the distance limits may be increased up to a maximum of fifteen miles to complete the balance of allowable signs.
(i) In reference to WAC 468-70-040(3), the department may erect and maintain signs on an alternate route that is longer than fifteen miles if it is safer and still provides reasonable and convenient travel to an eligible activity.
(ii) The department may erect and maintain signs on a route up to a maximum of twenty miles if an activity qualifies as eligible and is located within a distressed area under the criteria set forth in chapter 43.168 RCW.
(5) Within cities and towns having a population greater than twenty-five thousand, the department shall obtain concurrence from the municipality of locations for installing panels, and may request that the municipality install the panels.
(6) A gas, food, lodging, camping/recreational, tourist-oriented, or twenty-four-hour pharmacy activity visible from the mainline at least three hundred feet prior to an intersection shall not qualify for a business sign on such highway. The activity's on-premise sign is considered part of that activity in determining the three hundred foot visibility.
(7) When a multiple business activity qualifies for business sign placement on more than one type of motorist information sign panel, placement will be made on that type of panel which, as determined by the department, best describes the main product or service. Additional business signs for a qualifying multiple business activity may only be placed on more than one type of motorist information sign panel where the applicable panels display fewer than a full complement of business signs. Where these additional business signs complete the full complement of business signs on a motorist information sign panel, the most recently installed of such additional business signs shall be substituted for in the event that a qualifying single business activity applies to receive business signs.
(8) Motorist information sign panels will not be erected and maintained by the department until adequate follow-through signing, as specified by the department, is erected on local roads and/or streets. Written assurance that the follow-through signs will be maintained is required.
(9) Where operations are seasonal, business signs for each specific location shall be removed or covered during the appropriate period as determined by the department.
[Statutory Authority: RCW 47.36.030 and 47.36.320. 09-18-056, § 468-70-050, filed 8/27/09, effective 9/27/09. Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. 06-15-018, § 468-70-050, filed 7/7/06, effective 8/7/06. Statutory Authority: RCW 47.36.310 and 47.36.320. 03-20-084, § 468-70-050, filed 9/30/03, effective 10/31/03. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 00-01-184 (Order 196), § 468-70-050, filed 12/22/99, effective 1/22/00. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. 91-17-012 (Order 129), § 468-70-050, filed 8/13/91, effective 9/13/91. Statutory Authority: Chapter 47.42 RCW. 87-01-054 (Order 106), § 468-70-050, filed 12/16/86; 85-17-012 (Order 96), § 468-70-050, filed 8/12/85. Statutory Authority: RCW 47.42.060. 85-03-031 (Order 94), § 468-70-050, filed 1/10/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-050, filed 12/20/78. Formerly WAC 252-42-040.]
(a) All motorist information sign panels, supplemental
directional panels, and business signs shall be constructed in
accordance with the Washington state standard
specifications((,)) and standard plans, and amendments
thereto. ((All business signs and RV symbols shall be
constructed of a single piece of 0.063 inch thick aluminum. All panels, business signs, and RV symbols shall be fully
reflectorized to show the same shape and color both by day and
night.))
(b) All business signs and RV symbols shall be constructed of a single piece of 0.063 inch thick aluminum meeting the requirements of the Washington state standard specifications and amendments thereto.
(c) Reflective sheeting on business signs shall be Type II, Type III, or Type IV meeting the minimum requirements of the Washington state standard specifications and amendments thereto.
(d) Silk-screen paint for business signs shall meet the minimum requirements of the Washington state standard specifications and amendments thereto.
(e) All panels, business signs, and RV symbols shall be fully reflectorized to show the same color both by day and night.
(2) Color of panels, signs, and RV symbols:
(a) The background color for gas, food, lodging, camping, TOD, and twenty-four-hour pharmacy motorist information sign panels and supplemental directional panels shall be blue. The background color for recreation motorist information sign panels and supplemental directional panels shall be brown. The border and lettering on all such signs shall be white.
(b) The background and message colors of business signs shall be at the businesses' option, subject to the department's approval as prescribed by WAC 468-70-070(5).
(c) The background color of RV symbols shall be yellow, with the letters RV in black.
(3) Composition of motorist information sign panels:
(a) For interchanges, the maximum number of business signs which may be displayed on a motorist information sign panel are six for each gas, food, lodging, camping/recreation, TOD's, and twenty-four-hour pharmacy panel. For intersections, each panel is limited to six business signs. For combined motorist information sign panels on the mainline, the minimum number of business signs which may be displayed is two for each type of motorist service activity. For supplemental directional panels located along interchange ramps, there is no minimum number of business signs which may be displayed for each type of motorist service activity.
(b) Sign panel fabrication layouts, and business sign sizes, are provided in the Appendices of the Motorist Information Signs Booklet published by the Washington state department of transportation.
(i) The panel size shall be sufficient to accommodate the various sizes of business signs and directional information.
(ii) For qualifying businesses located more than one mile from an intersection the business sign shall show the mileage to the business to the nearest mile. For interchanges the mileage will be shown on the supplemental directional panel business signs installed along an interchange ramp or at a ramp terminal.
(4) RV symbol design and statutory mounting location:
(a) RV symbols installed on freeway/expressway size business signs shall be a round twelve-inch diameter plaque displaying eight-inch RV letters. RV symbols installed on conventional roadway size business signs shall be a round six-inch diameter plaque displaying four-inch RV letters.
(b) The RV symbol shall be displayed in the lower right corner of the gas, food, lodging, camping, or tourist activity business signs installed along the mainline of freeways/expressways and along conventional highways. The term lower right corner is exclusive of any panel displaying the mileage message referenced in subsection (3)(b)(ii) of this section. RV symbols shall not be installed on supplemental directional panel business signs installed along an interchange ramp or at a ramp terminal.
[Statutory Authority: RCW 47.36.030 and 47.36.320. 09-18-056, § 468-70-060, filed 8/27/09, effective 9/27/09. Statutory Authority: RCW 47.36.030, 47.36.310, and 47.36.320. 06-15-018, § 468-70-060, filed 7/7/06, effective 8/7/06. Statutory Authority: Chapter 34.05 RCW and RCW 47.42.060. 00-01-184 (Order 196), § 468-70-060, filed 12/22/99, effective 1/22/00. Statutory Authority: Chapter 47.42 RCW and RCW 47.01.101. 91-17-012 (Order 129), § 468-70-060, filed 8/13/91, effective 9/13/91. Statutory Authority: Chapter 47.42 RCW. 87-01-054 (Order 106), § 468-70-060, filed 12/16/86; 86-08-023 (Order 103), § 468-70-060, filed 3/25/86; 85-17-012 (Order 96), § 468-70-060, filed 8/12/85. Statutory Authority: RCW 47.42.060. 85-03-031 (Order 94), § 468-70-060, filed 1/10/85. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-70-060, filed 12/20/78. Formerly WAC 252-42-050.]