§ 111.49 MINIMUM REQUIREMENTS FOR ALL FIXED BASE OPERATIONS.
   (A)   General. All fixed base operations at the Airport shall be full-time, progressive business enterprises, with a manned office facility at the Airport during all regular business hours. For the purpose of this document, regular business hours are 8:00 a.m. to 5:00 p.m. No fixed base operator shall be allowed to operate on the Airport without a fully executed lease agreement with the owner.
   (B)   Fixed base operators selling aviation petroleum products. Fixed base operators providing sale of aviation petroleum products shall also be required to meet the minimum standards and offer the services listed in division (I) below. Such operators may, at their option, engage in other aeronautical activities by qualifying to meet the associated minimum standards for the aeronautical services involved.
   (C)   Fixed base operators not selling aviation petroleum products. No persons or fixed base operators other than the operators qualifying under § 111.48(B) will be permitted to sell aviation petroleum products. All other fixed base operators may engage in such other aeronautical services as they may qualify themselves for in accordance with these regulations and their lease agreements.
   (D)   Substantial conformance. The owner shall determine substantial conformance to the standards for fixed base operators.
   (E)   Financial solvency. Fixed base operators must show financial solvency and business ability to the satisfaction of the owner and agree to comply with all federal, state, local, and Airport laws, rules, and regulations.
   (F)   Insurance. The minimum liability insurance that a fixed base operator shall carry is $3,000,000 per claimant and $1,000,000 per occurrence for bodily injury and not less than $1,000,000 for property damage. Fixed base operators shall also carry the minimum insurance required by the Federal Aviation Administration and other regulatory agencies as appropriate to the aeronautical activities being performed. Property owned by the operator shall be insured by him or her and the owner has no responsibility for any loss.
   (G)   Performance bond. Fixed base operators will be required to furnish the owner a performance bond commensurate with the construction required under the minimum standards established by the owner for the facility involved.
   (H)   Land policy. Land available for commercial aeronautical activities is a valuable and limited commodity. It is the policy of the owner that no land areas or building space in excess of present and foreseeable requirements will be leased to any fixed base operator. Additional areas will be made available to operators on the basis of need and availability.
   (I)   Fuel and oil sales. 
      (1)   Persons conducting aviation fuel and oil sales on the Airport shall be required to provide:
         (a)   Hard surface ramp space accessible by taxiway with electric pumps and tank storage having a capacity equal to the minimum tank truck load deliverable for 80/87 and 100/130 grade aviation fuel and, if public demand requires, also provide standard jet fuel;
         (b)   Properly trained line personnel on duty at least eight hours of every calendar day, seven days a week, and on call by readily accessible telephone at other hours during the day or night;
         (c)   Proper equipment for repairing and inflating aircraft tires, servicing oleo struts, changing engine oil, washing aircraft and aircraft window and windshields, and for recharging or energizing discharged aircraft batteries and starters;
         (d)   Conveniently located (air-conditioned) lounge or waiting rooms for passengers, and airplane crews of itinerant aircraft, together with sanitary restrooms and public telephones;
         (e)   Adequate towing equipment and parking and tie-down area to safely and efficiently move aircraft and store them in all reasonably expected weather conditions; and
         (f)   Adequate inventory of generally accepted grades of aviation engine oil and lubricants.
      (2)   In conducting refueling operations, every operator shall install and use adequate grounding facilities at fueling location to eliminate the hazards of static electricity and shall provide approved types of fire extinguishers or other equipment commensurate with the hazard involved in refueling and servicing aircraft.
   (J)   Aircraft maintenance and repair. All persons operating aircraft engine and accessory maintenance facilities shall provide:
      (1)   Sufficient hangar space to house any aircraft upon which such service is being performed;
      (2)   Suitable storage space for aircraft awaiting maintenance or delivery after repair and maintenance has been completed;
      (3)   Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts, and testing equipment to perform top overhauls as required for FAA certification and repair of parts not needing replacement on all single engine land and light multi-engine land general aviation aircraft;
      (4)   At least one FAA certified airframe and engine mechanic available during eight hours of the day, five days per week;
      (5)   Facilities for washing and cleaning aircraft;
      (6)   Non-airworthy aircraft shall be screened from public view; and
      (7)   Separately partitionable space with adequate exhaust fans and fire protection for spray painting if this type of work is performed.
   (K)   Flight training. All persons conducting flight-training activities shall meet all required Federal Aviation Administration regulations and shall provide:
      (1)   Properly certified flight instructors for the appropriate level of training;
      (2)   Appropriate aircraft properly equipped and maintained for flight instruction and such additional types of aircraft as may be required to give flight instruction of the kind advertised;
      (3)   At least 400 square feet of office, lounge, and restroom area. The operator must provide adequate classroom space for at least ten students with proper restroom and seating facilities. A part of the required facilities, with the consent of the owner, may be located off Airport property;
      (4)   Adequate mock-ups, pictures, slides, or other visual aids necessary to provide proper ground school instruction;
      (5)   Properly certified ground school instructor providing regularly scheduled ground school instructions sufficient to enable students to pass the FAA written examinations for private pilot and commercial ratings. The operator must maintain the necessary classroom space properly equipped for ground school instruction commensurate with FAR requirements of a certified pilot school or provisional pilot school and shall hold a current and valid pilot school certificate or provisional pilot school certificate;
      (6)   Continuing ability to meet certification requirements of the FAA for the flight training proposed; and
      (7)   Adequate public liability and property damage insurance sufficient to protect the operator from legal liabilities involved.
   (L)   Aircraft charter and taxi service. Persons operating aircraft charter and taxi service shall provide:
      (1)   Passenger lounge, restrooms, and telephone facilities as required of an operator for fuel and oil sales;
      (2)   Adequate table, desk, or counter for checking in passengers, handling ticketing or fare collection, handling of luggage;
      (3)   Properly certificated suitable aircraft with properly certificated and qualified operating crew available for services when not otherwise engaged in such service. Such crew and aircraft shall be available upon call within one hour’s notice; and
      (4)   Passenger liability insurance of at least $1,000,000 per passenger seat and property damage liability of at least $1,000,000.
   (M)   Aircraft rental and sales. Persons conducting aircraft rental and sales activity shall provide:
      (1)   Suitable office space for consummating sales and/or rentals and the keeping of the proper records in connection thereof;
      (2)   Hangar storage space for at least one aircraft to be used for sales or rental;
      (3)   For rental, at least one airworthy aircraft suitably maintained and certificated;
      (4)   Adequate facilities for servicing and repairing the aircraft or satisfactory arrangements with other operators on the Airport for such service and repair;
      (5)   There shall be available, at least during eight hours of the working day, a properly certificated pilot capable of demonstrating new aircraft for sale or for checking out rental aircraft;
      (6)   The minimum stock of readily expendable spare parts, or adequate arrangements for securing spare parts required for the type of aircraft and models sold;
      (7)   Current up-to-date specifications and price lists for types and models of new aircraft sold; and
      (8)   Proper checklists and operating manuals on all aircraft rented and adequate parts catalogue and service manual on new aircraft sold.
   (N)   Crop dusting and spraying. Persons seeking to conduct crop dusting or spraying of agricultural chemicals shall be required to satisfy the Airport Manager that:
      (1)   Suitable arrangements have been provided for the safe storage and containment of noxious chemical materials; no poisonous or inflammable materials shall be kept or stored in close proximity to other facility installations at the Airport;
      (2)   The operator shall have available properly certificated aircraft suitably equipped for the agricultural operation undertaken;
      (3)   No crop dusting operation shall be conducted on the principal public use apron or ramp of the Airport. Owner shall assign adequate operational space; and
      (4)   An agreement shall be in place holding the county harmless in case of accidental spills and other accidents caused by the operation.
   (O)   Miscellaneous operations. Operations such as radio and instrument repairs, aerial advertising, aircraft tie-down, and other aeronautical activities not herein before provided for may be conducted by any person, firm, or corporation upon application to and approval of the owner. Reasonable terms and conditions for the privilege of engaging in these various services will be established by the owner commensurate with the nature and scope of the activities involved.
   (P)   Multiple services. Hangar space, office and lounge space, aircraft parking area, and other such required facilities will be coterminous or concurrent requirements where an operator offers multiple services to the extent that such facility requirements will be reasonable.
   (Q)   Minimum standards for hangars, shops, or other buildings. Hangars, shops, and other buildings shall be constructed of metal or masonry materials or a combination of the two with an exterior light tan color. Floor areas shall be concrete. Storage hangars shall contain ten units for aircraft storage. Maintenance shops and corporate hangars shall contain a minimum of 6,400 square feet of floor space. These buildings shall be fireproofed and of metal or masonry construction, properly designed doors at both ends, stressed in accordance with the National Building Code, floor of properly constructed concrete or asphalt or sufficient designed load strength to sustain all types of aircraft using the facility. A minimum area of 640 square feet of office space, restrooms, and lounge which may be an adjunct to other buildings, must also be fireproofed and of steel or masonry construction. Larger facilities should allow 10% of total square footage for office space, restrooms, and lounge area.
   (R)   Aircraft parking aprons. Aircraft parking aprons shall be constructed according to plans and specifications approved by the owner. Areas of aircraft parking apron may be required for operators selling aviation petroleum products, ramp services, and aircraft repair.
   (S)   Discriminatory practices. All services shall be provided on a fair, equal, and not unjustly discriminatory basis to all users of the Airport. The prices charge for each unit of service shall be fair, reasonable, and not unjustly discriminatory; provided, that the operator may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar type price reductions to volume purchasers.
   (T)   Civil Rights Act. The operator shall provide his or her services in accordance with the provisions of 42 U.S.C. § 2000d et seq. Accordingly, no person shall be denied equal services on the ground of race, color, or national origin.
(Ord. passed 8-16-2004) Penalty, see § 111.99