Hot Articles

SIGNAGE MATTERS: SPECIAL EDITION
April 27, 2011
By Jeff Aran, Esq

State Regulations

Regulatory

Caltrans -- Currently is still seeking input from stakeholders with regard to amendments to regulations. Nothing formal proposed as yet, but much discussion is occurring among staff pertaining to implementation of new rules for off-premise signs in redevelopment projects. Please contact Jeff Aran at 916-395-6000 or jeff@calsign.org if you have any suggestions.

Storm Water Discharge -- New rules are in the offing which would establish new requirements beyond EPA mandates. Due to CSA efforts many years ago, we were able to secure exemption based on the SIC. The draft regs may require a certification of “no discharge” be filed in order to obtain the exemption

Contractors State License Board (CSLB)

Be a Bandit Buster!

Licensed sign companies in California are competing against unlicensed sign manufacturers and installers. The California Sign Association works with the California Contractors State License Board to eliminate the unlicensed companies. If you are aware of illegal and unlicensed installations of signs, you can help solve the problem by notifying the Statewide Investigative Fraud Team (SWIFT) of the CSLB.

For unlicensed activity performed in the counties of Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura send your form to:

Norwalk SWIFT Unit
12501 East Imperial Highway, Suite 620
Norwalk, CA 90650
(562) 345-7600 • (562) 466-6065 Fax

For unlicensed activity performed in all other counties in California, send your form to:

Sacramento SWIFT Unit
P.O. Box 269117
Sacramento, CA 95826-9117
(916) 255-2924 • (916) 369-7265 Fax

Download Swift Form [pdf]

Please provide complete and detailed information about the unlicensed activity and indicate if there are employees on the project. The more information and evidence the better.

Complaints are processed according to the date of receipt, priority and staff availability if the job site is located in a remote area. The complaint will be assigned to an Enforcement Representative who will follow up on the information provided.

Air Resources Board (ARB)

Monitor the latest information from the California Air Resources Board (ARB) regarding the On-Road Heavy-Duty Diesel Vehicles rules and regulations at http://www.arb.ca.gov/msprog/onrdiesel/onrdiesel.htm.

Caltrans

Caltrans has developed a revised permit application. Download [pdf]

Proposed regulatory amendments were rejected by the Office of Administrative Law. Not surprisingly, OAL chastised the department for its failure to follow procedure, fully respond to questions and issues raised by stakeholders, and properly notify the public. Whether Caltrans resubmits remains to be seen, but, regardless, hopefully this time they’ll pay attention.

California Energy Commission (CEC)

Title 24 Information
NEW 2008 Standards – Effective January 1, 2010

2008 Standards – The requirement for when the 2008 standards must be followed is dependent on when the application for the building permit is submitted. If the application for the building permit is submitted on or after 1/1/10, the 2008 standards must be met

CEC Title 24 Main Web site Page (energy.ca.gov/title24/)
Energy Commission Web site (www.energy.ca.gov)

Download the 2008 Building Energy Efficiency Standards for Residential and Nonresidential Buildings - Unmarked Version. (revised 0710)
Publication Number CEC-400-2008-001-CMF. (pdf, 166 pgs, 1.7mb). Posted December 22, 2008.

Revised Compliance Form

An excerpt of the Title 24 2008 Standards

Download an excerpt of the Signage Related section of the 2008 Standards.
Download compliance form SLTG-1C.
Download compliance form SLTG-INST.

Please continue to check the CEC Title 24 Web site for any updates.

The Electronic Waste Recycling Act (EWRA) (SB 20, Sher 2003) required the Department of Toxic Substances Control (DTSC) to adopt regulations to prohibit covered electronic devices “from being sold or offered for sale” in California if they are prohibited from sale in the European Union (EU) under Directive 2002/95/EC, “Restriction of the Use of Certain Hazardous Substances”, or RoHS. The EU’s RoHS prohibits the sale of certain electronic devices if they contain heavy metals in concentrations above specified regulatory limits.

As of January 1, 2007 DTSC has adopted RoHS regulations that will restrict the use of lead, mercury, cadmium, and hexavalent chromium in certain electronic devices sold in California. These new regulations have banned the sale of some electronic devices that contain certain hazardous substances.

California’s RoHS law applies only to a “covered electronic device”, which is defined in statute as “a video display device containing a screen greater than four inches, measured diagonally, identified in the regulations adopted by [DTSC]”. DTSC had identified covered electronic devices in its regulations to include:

Cathode ray tube containing devices (CRT devices)
Cathode ray tubes (CRTs)
Computer monitors containing cathode ray tubes
Laptop computers with liquid crystal display (LCD)
LCD containing desktop
Televisions containing cathode ray tubes
Televisions containing liquid crystal display (LCD) screens
Plasma televisions
Portable DVD players with LCD screens greater than four inches

DTSC has not listed electric signs in its regulations. Therefore these electronic devices are not "covered electronic devices" and are not subject to the Electronic Waste Recycling Act.

For the California's Restriction on the Use of Certain Hazardous Substances in Some Electronic Devices (RoHS) | Web site

For the website “How do I Know if my E-Waste is Covered by the Electronic Waste Recycling Act?” | Web site

For more information go to the DTSC Electronic Hazardous Waste (E-Waste) | Web site

If you have any further questions about this or any other area of hazardous waste management you can contact the DTSC Regional Office closest to you at 1-800-728-6942 or you can reach the Sacramento Regional Office at (916) 255-3618. You can access the DTSC | Web site

DTSC Regulatory Assistance Officers (RAOs) provide informal guidance only regarding management of hazardous waste for the convenience of the public. Such oral or electronic mail advice is not binding upon DTSC, nor does it have the force of law. If you would like a formal opinion on a matter by DTSC, please contact the responsible program office directly. You should also refer to the statutes and regulations, DTSC Policies and Procedures, and other formal documents.

We also encourage you to complete the Cal/EPA Customer Satisfaction survey | Web site

Taxation of Electric Signs

A sales tax regulatory effort sought by CSA became effective October 1, 2000, changing the way electric signs are taxed in California. We have attached the Tax Information Bulletin regarding this change here for your convenience.

Section 6 of the Tax Bulletin [pdf]
Download the entire Tax Bulletin [pdf]

All of the information is available on the State Board of Equalization Web site, in the Sales & Use Tax section

To find the complete regulation, click on Regulations under the Quick Find section. Find 1521 - Construction Contractors. The Electric Sign section is subdivision (c)(12).

Nevada State Contractors Board

Subcontracting in Nevada

California and other out-of state sign companies doing business in Nevada faced serious fines and disciplinary action when the State of Nevada Contractors Board began issuing warning letters and determined that it was unlawful for Nevada licensees to subcontract with California and other out-of-state contractors for work to be performed in Nevada, unless those contractors also held Nevada licenses. CSA, ISA, the Nevada Sign Association (NSA), the Western States Sign Council (WSSC) and several individuals, including a Nevada state senator, all worked to resolve the issue.

Fortunately, on March 29, 2006 the Nevada State Contractors Board issued an advisory opinion which states, “The fabrication of a sign at a manufacturing facility does not meet the definition of ‘contractor’ under Nevada Revised Statutes…Any installation, on-site fabrication, erection or wiring of signs must be provided by a Nevada licensed contractor.” Please click on the link below for the complete document issued by the Nevada State Contractors Board.

CSA highly recommends that your sign contracts include language stating you will “arrange for installation with a local, state licensed contractor.”

Nevada State Contractors Board Advisory Opinion [pdf]