Section 105 IAC 7-4-5 - Changeable message signsAuthority: IC 8-23-2-6; IC 9-21-19-2
Affected: IC 8-23-20-25; IC 8-23-20-25.5
Sec. 5.
(a) Only a conforming sign may be modified to a changeable message sign. A nonconforming sign may not be modified to a changeable message sign under any circumstances.(b) A changeable message sign shall be constructed and used only as one (1) of the following: (3) A back-to-back sign. A stacked sign or a side-by-side sign is not allowed as a changeable message sign.
(c) The permittee shall provide the department with up to two (2) contact persons and phone numbers for every changeable message sign. The contact persons must have the ability and authority to make modifications to the display and lighting levels upon request by the department. The department may direct the permittee to disable the changeable message sign:(1) in cases of emergency; or(2) when the contact persons do not respond to a department request relating to a malfunction within forty-eight (48) hours.(d) If the department determines that the changeable message sign:(1) impairs the vision of the driver of any motor vehicle; or(2) otherwise interferes with the operation of a motor vehicle; then upon request from the department, the permittee shall take appropriate corrective action to fix the problem or cause the sign to be frozen in a dark or blank position within twelve (12) hours. Failure to take such appropriate corrective action within forty-eight (48) hours after a department request to do so may result in revocation of the permit for this sign.
(e) Changeable message signs must possess and utilize a light sensing device with automatic dimming capabilities to adjust the brightness of the sign, so that the maximum luminescence level is not more than three-tenths (0.3) foot candles over ambient light measured at a distance of: (1) one hundred fifty (150) feet for those sign faces less than or equal to three hundred (300) square feet;(2) two hundred (200) feet for those sign faces greater than three hundred (300) square feet, but less than or equal to three hundred seventy-eight (378) square feet;(3) two hundred fifty (250) feet for those sign faces greater than three hundred seventy-eight (378) square feet, and less than six hundred seventy-two (672) square feet; or(4) three hundred fifty (350) feet for those sign faces equal to or greater than six hundred seventy-two (672) square feet, but sign face area cannot exceed one thousand (1,000) square feet. In addition to the requirements in subdivisions (1) through (4), signs under this subsection shall be configured to default to a static display or freeze the sign in a dark or blank position in the event of a malfunction.
(f) A changeable message sign shall be operated with systems and monitoring in place to either turn the display off or show a full black image in the event of a malfunction.(g) No changeable message sign shall be located within three hundred (300) feet of any building used primarily as a residence, unless the owner of the building consents in writing to the location of the changeable message sign. Filed 7/24/2019, 8:08 a.m.: 20190821-IR-105170337FRA