The year 2015 dealt some pretty violent storms throughout the US and brought floods, high winds, tornadoes, hail and more. Those storms tore through communities and left a lot of damage to property in their wake. While they may be a small piece of business real estate, signs can take a beating in those storms, as well.
For businesses, the first priority after a severe weather event (after ensuring that people are safe, of course) is to assess the damage, clean up the mess, take inventory and figure out how to get operations back up and running. Whether you only have minor repairs to make or a complete rebuild, having a business sign back in place — even a temporary sign — will help the public know that you are still operating, or that you are only temporarily closed, or that you will be relocating, etc.
Before you get that sign, check the code. All sign codes address the maintenance of signs and adjacent property in some form. These requirements can cover normal “wear and tear” (e.g., resurfacing, repainting) as well as issues stemming from “damage.” These code sections on maintenance can also include repairs, replacement, associated permits, time limits and cost/value consideration. Other points considered by code officials is whether the sign needing repair or replacement was a conforming sign prior to the damage, if the repair or replacement of the sign creates a non-conforming condition, and if the repairs or modifications will be safe.
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Assessing the Sign and Repairs Sign codes, or the local building ordinances on signs, will generally outline the responsibilities for sign owners or their agents. After a storm, look to see if your sign is slightly damaged but legible, if its power supply is out or if it is completely destroyed. What about the property on which the sign stood? Is it unable to support the sign structure due to flooding or erosion? Does it need to be relocated?
After a weather event, when and how to address a damaged sign in a compliant manner is the last thing on someone’s mind, but there are rules to follow that need to be considered.
For example, under the Santa Anna, California sign code, it states “… (a) any damage to a sign or its illumination, including the failure of illumination, shall be repaired within a maximum of 14 days from the date of damage or failure… (b) a repair to a sign shall be of materials and design of equal or better quality as the original sign.”
Some sign codes will have specific language that addresses sign “damage” and “maintenance,” while others will only address such situations under one section regulating any and all maintenance, repairs or replacement regardless of reason.
For instance, in Haywood, North Carolina, the section of the sign code on maintenance calls out specific descriptions of damage “…a) no sign shall be allowed to have more than 20 percent of its total surface area covered with disfigured, cracked, ripped or peeling paint or poster paper, or any combination of these conditions… b) no sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts which cause the sign to stand more than 15 degrees from the perpendicular… d) no illuminated sign shall be allowed to stand with only partial illumination…”
In cases where the code is not clear on how it addresses simple sign changes or where more time is needed for repairs or replacement, a call or visit to the local building department or zone enforcement office would be necessary for clarification. In almost all cases, any change of the sign would warrant a notification to the sign enforcement authority. For example, in Charlotte, North Carolina, the local code says a permit is not needed for changing or replacing the face of an existing sign not otherwise damaged, but to ensure compliance, the city still requires all sign repairs and changes to be reviewed and approved by the zoning enforcement department.
Stricter requirements can also exist within local codes and go beyond the repair/replace aspect. One such example is found in St. Charles, Missouri, where the regulation states, “…any internally illuminated sign cabinets or sign panels which have been damaged shall remain un-illuminated until repaired… any signage which has been damaged to such extent that it may pose a hazard to passersby shall be repaired or removed immediately…” It goes further to include a cost/value consideration by stating “…any legal non-conforming signage which has been damaged to the extent of more than 50 percent of its reproduction value shall be removed or altered so as to conform to the provisions of this article…”
Legal Non-Conforming Since sign codes get updated periodically, an existing sign that met a previous code requirement could find itself not in compliance with the new sign code. If the code official does not see an immediate need for the previous sign to be updated, the sign is considered “grandfathered in.” In other words, it is still a legal sign but does not conform to the new or latest code requirements.
There can be a catch, however, when a sign code states that any non-conforming sign must be updated to the current code if the old structure is removed (e.g., replacement after storm damage).
Keeping in Touch Storms are not always the norm depending on where you live. In this case, municipalities will consider special circumstances regarding the sign rules with respect to damage and timeframe of repairs. Contact the municipality to ask about such considerations, as they would be for limited circumstances and/or on a case-by-case basis.
As with any compliance issue, keeping lines of communication open goes a long way. Even if you think you can meet the code requirement for repair or replacement of your sign, the code may require notification. In any case, contacting the enforcement officials shows due diligence on your part and can help greatly if you run into a snag getting the repairs or replacement completed in time.