§ 599-b. Certificate of approval. Any person, firm, association or
corporation desiring a certificate of approval of any traffic control
device not conforming to the current manual and specifications for a
uniform system of traffic-control devices shall submit to the department
of transportation one or more sets of each type of device for which
approval is desired or such plans, specifications, design information or
data that the commissioner may require, in accordance with and together
with the fee provided by the rules and regulations promulgated by the
commissioner of transportation pursuant to this article. Upon a finding
by the commissioner that the use of any such traffic-control device is
necessary, because there are no equivalent conforming devices, and
because such use is consistent with the safe regulation of traffic on
highways within this state, he may issue a certificate of approval for
the sale, lease or offer for sale or hire of any such device.