Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Security.
(1) All gates, chains, doors, and locks and
all other safeguards on the leased premises shall be actively maintained (kept
in good condition) and used in a manner so as to protect all persons and
property.
(2) Gates or doors which
provide access to a restricted area through a leased premises must remain (be
kept) closed, locked, and secured except when actually in use.
(3) An active log of keys, access cards, and
other media issued (and to whom issued) which allow access to the leased
premises must be maintained. The log shall be made available to the authority
upon request. Any lost or stolen keys, access cards, or other media shall be
reported to the authority immediately.
(4) All applicable reporting requirements as
established by the authority, FAA, DHS, TSA, and any other agency having
jurisdiction must be complied with.
(5) Objects shall not be located within five
feet of the airport perimeter fence or any other distance which could
facilitate unauthorized access to a restricted area.
(b)
Construction or alteration of
improvements.
Any construction, modification, or alteration of an
improvement located at the airport shall be performed in compliance with the
authority's permitting process.
(c)
Maintenance of premises.
(1) Leased premises shall be kept free from
all fire, safety, and security hazards and maintain the same in a condition of
repair, cleanliness, and general maintenance in accordance with the agreement.
(i) Failure to properly maintain the leased
premises (including failure to maintain the leased premises within the period
stipulated in the agreement or failure to maintain the leased premises within
the timeframe stated in any written notice provided by the authority) may
result in the authority conducting or contracting the maintenance at lessee's
or sub-lessee's cost and expense without liability for damage arising from or
out of such action.
(2)
Lessee or sub-lessee shall be fully responsible for all damage to facilities,
equipment, property, related appurtenances, and all other improvements at the
airport caused by lessee or sub-lessee or its employees, agents, customers,
visitors, suppliers or persons with whom they do business.
(3) Facilities (including hangar floors)
shall be kept clean and clear of the accumulation of fuel, oil, grease,
flammable liquids, rags, trash, or other waste materials.
(i) The use of flammable solvents for
cleaning floors is prohibited.
(4) Decorations approved by the authority are
permitted at ticket counters and gate areas. Any decoration deemed offensive in
the judgment of the authority will be removed at the expense of the lessee or
sub-lessee. Any damage to airport facilities as a result of the application of
decorations may be charged to the lessee or sublessee as additional rent or
cost recovery.
(5) Lessees and
sub-lessees shall not erect, install, or otherwise maintain any aerials,
transmitters, or antenna without prior written authorization from the
authority.
(d)
Fire prevention.
(1) Lessees and
sub-lessees shall be responsible for ensuring that fire prevention practices
and/or procedures are followed.
(2)
Proper, appropriate, inspected, certified, and readily accessible fire
extinguishers (which are approved by fire underwriters) for the particular
hazard involved or associated with the activity shall be provided.
(i) Fire extinguishers shall be maintained in
accordance with the practices recommended by the NFPA.
(ii) A tag showing the date of last
inspection (and who performed the inspection) shall be attached to each unit
and records, acceptable by fire underwriters, shall be kept documenting the
status of each unit.
(3)
Lessees and sub-lessees shall designate a responsible person and provide
point-of-contact information to the Airport Operations Center (AOC) including
the name of the primary and secondary contacts and day-time and after-hours
telephone numbers for both individuals.
(e)
Heating equipment.
No portable heating equipment and fuel burning appliances
shall be installed or used at the airport unless specifically approved in
writing by the authority.
(f)
Aircraft hangars.
(1) Aircraft hangars shall only be used for
the parking and storage of aircraft and associated aircraft equipment and
supplies as approved by the authority and/or the fire department or as
otherwise stipulated in an agreement.
(2) Aircraft parked in hangars shall be
parked in a manner so as to be completely contained in the hangar and shall not
be positioned in such a manner so as to block a runway, taxiway, taxilane, OFA,
or obstruct access to hangars, parked or staged aircraft, parked or staged
vehicles, doors, gates, or fuel storage facilities except for temporary staging
and/or fuel handling of such aircraft.
(3) Use of aircraft hangars shall be subject
to the following restrictions:
(i) unless
permission is granted by agreement, no aircraft maintenance, alterations, or
repairs shall be performed in a hangar without the prior written permission of
the authority;
(ii) oily rags,
waste oil, or other materials soiled with petroleum-based products may only be
stored in containers with self-closing, tight-fitting lids in accordance with
applicable regulatory measures.
(g)
Storage of materials and
equipment.
(1) Materials and equipment
shall be stored in such manner as to preclude creating any hazard, obstructing
any operation, or littering.
(i) Storage of
materials or equipment shall not be permitted outdoors.
(ii) Non-hazardous items can be stored in a
fully-enclosed and secured
container on the leased premises as long as such storage
fully complies with
regulatory measures.
(iii) The leased premises shall not be used
to store non-aviation merchandise,
supplies, or equipment excluding those items utilized to
fulfill the obligations of
an agreement.
(2) Railroad (box or tanker) cars, intermodal
containers, or tanker, truck, or flatbed trailers, etc. shall not be stored or
used to store any type of materials, vehicles, or equipment without the prior
written permission of the authority.
(h)
Compressed gases.
(1) Oxygen or any compressed gas in a
cylinder or portable tank must be secured to a fixed location or secured to a
portable cart designed and approved specifically for the cylinder(s) or tank(s)
being secured.
(i) Compressed gas cylinders
or tanks must have approved and fully operational
pressure relief devices installed.
(ii) Cylinders or tanks not in use shall have
an approved transportation safety
cap installed.
(iii) Cylinders or tanks shall be stored and
maintained in accordance with the practices recommended by the NFPA and all
applicable regulatory measures.
(i)
Petroleum based products and
hazardous materials.
(1) Lubricating
oils having a flash point at or above 150 degrees may be stored in hangars
provided the product is stored in the original container and the capacity of
the container is less than 55 gallons and the original manufacturer's labeling
or marking is on the container (or the product is stored in other suitable
containers approved by the authority and the fire department).
(2) Storage of 55 gallons or more of
lubricating oil or containers having a capacity of 55 gallons or more require a
SPCC plan be provided to the authority. Such containers may only be stored in
compliance with regulatory measures and consistent with the authority's SWPPP
plan.
(j)
Right
of entry.
(1) The authority shall have
the right of entry at reasonable times for repairs, maintenance, modification,
or inspection of all facilities, buildings, and improvements at the airport
whether or not the right of entry is provided for in any agreement or other
approval. For facilities, buildings, and improvements owned by lessee or
sub-lessee, the authority shall provide advanced notification for
access.
(2) The authority and the
fire department shall have the right of entry to facilities, buildings, and
improvements at the airport without advanced notification during emergencies.
Emergencies may include, but shall not be limited to, fire, acts of nature, or
hazardous materials spill or leak, or for the protection of persons or
property.