§ 3-78. Minimum operating standards.

(a)

Fixed based operators.

(1)

Purpose/objective. To establish minimum operating standards for all fixed based operators (FBOs) within the airport.

(2)

Minimum operating standards for fixed based operators.

a.

Each FBO shall have their premises open and services available 8:00 a.m. to 6:00 p.m., seven (7) days a week, and shall make provision for at least one (1) person qualified to supervise the operations in the leased area with the authorization to represent and act for and on the behalf of the firm during all normal work hours. Each FBO shall further employ sufficient trained personnel to meet these minimum operating standards in an efficient manner during scheduled working hours.

b.

The prospective FBO shall lease from the county no less than three (3) acres within the airport, erect a hangar of no less than nine thousand (9,000) square feet, provide for and maintain no less than forty thousand (40,000) square feet of ramp area, provide for and maintain no less than two thousand (2,000) square feet of floor space for office, customer lounge, permanent rest rooms, public telephone facilities for customer use and telephone service connections to the flight service station and/or the United States Weather Bureau.

c.

Each FBO shall provide public telephone facilities for customer use and telephone service connections to the flight service station and/or the United States Weather Bureau.

d.

Each FBO shall ensure that the piling and storage of crates, boxes, barrels and other containers will not be permitted within the leased premises.

e.

Each FBO shall provide, directly or by subcontractor, the following:

1.

Aircraft guidance on the ramp.

2.

Aircraft parking and tie-down services.

3.

Retail aviation fuel sales.

4.

Ground support equipment including aircraft tugs, air compressor, battery chargers, energizers and starters, ground power units commensurate with their level and type of service. An adequate supply of properly maintained and appropriately located fire extinguishers must be available in the event of a fire.

5.

Flight planning and flight service facilities.

6.

Public amenities.

7.

Line service.

f.

Each FBO shall provide, within their leased area, paved parking for customers and employees in accordance with all applicable zoning regulations and building codes.

g.

Leases for any prospective FBO shall be for such term and duration as mutually agreed upon between the parties, the financial investment of the prospective FBO, amortization of that investment, the airport's master plan and ALP, governing FAA regulations and deed restrictions, and with due consideration that the prospective FBO is not provided any unfair competitive advantage over other operators.

h.

The prospective tenant shall have such business background and shall have demonstrated such business capability to the satisfaction of the airport manager and the BOCC. Such person shall further demonstrate that they have adequate resources to realize the business objectives agreed to by the airport manager and the applicant.

(3)

Minimum standards for FBO dispensing aircraft fuel.

a.

Each FBO shall secure and maintain all licenses and permits required by federal, state and county laws, rules and regulations for the transporting and dispensing of fuel.

b.

Each FBO shall have and maintain at least two (2) metered and filter-equipped aircraft fuel dispensers, as approved by all governmental authorities having jurisdiction, one (1) dedicated for the dispensing of Jet-A fuel and the other dedicated for the dispensing of 100 low-lead Avgas fuels. Both approved above-ground storage tanks should collectively have a minimum cumulative capacity of ten thousand (10,000) gallons.

c.

Each FBO shall have a county-approved written spill prevention contingency and control plan (SPCC plan) which meets county, federal and state regulations. An updated copy shall be filed with the airport manager's office at least five (5) days prior to actual implementation.

d.

Each FBO shall [have] at least two (2) mobile dispensing single-product trucks for each type of fuel to be dispensed. The Jet-A dispensing truck must have a minimum capacity of two thousand (2,000) gallons and the 100 low-lead Avgas dispensing truck must have a minimum capacity of seven hundred fifty (750) gallons. In the alternative, an FBO may utilize a stand-alone unit self-service dispensing unit (that meets county specifications) in place of one (1) of the mobile dispensing trucks.

e.

Each FBO shall ensure that maintenance of pumping equipment meets all applicable safety and other regulatory requirements and have reliable metering, filtering and grounding devices subject to independent inspection.

f.

Each FBO shall maintain an adequate supply of fuel at all times; further, each FBO shall secure and maintain an ongoing contract with a bona fide fuel supplier to ensure that there will be a continuous supply of appropriate aircraft fuel.

g.

Each FBO shall maintain an adequate inventory of generally accepted grades of aviation engine oil and lubricants.

h.

Each FBO shall ensure the lawful and sanitary handling and timely disposal, away from the airport, of all solid waste, regulated waste and other materials including, but not limited to, used oil, solvents and other regulated waste.

i.

Each FBO shall provide for, on a regular and ongoing basis, appropriate training programs for all personnel involved in the transport and/or dispensing of fuel.

j.

Each FBO shall provide monthly copies of fuel delivery invoices which illustrate the quantity of fuel delivered during the month or must provide written correspondence to the airport manager which states that no fuel deliveries occurred during the past month.

(b)

Aircraft sales.

(1)

Purpose/objective. To establish minimum operating standards for any person engaging in aircraft sales within the airport's boundaries.

(2)

Minimum operating standards for aircraft sales.

a.

Each person engaging in aircraft sales shall:

1.

Maintain a supply of representative products and/or catalogs for the line of aircraft that they sell.

2.

Provide necessary and satisfactory arrangements for repair and servicing of aircraft (but only for the duration of any sales guarantee or warranty period and shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges are granted).

3.

Conduct its operations on no less than one (1) acre of land, provide for no less than four thousand (4,000) square feet of combined office and hangar space, and provide for no less than ten thousand (10,000) square feet of ramp space.

b.

Each person engaging in aircraft sales shall employ a responsible and qualified person to supervise the operations in the leased area with the authorization to represent and act for and on the behalf of the firm. Such person shall further employ sufficient trained personnel to meet these minimum operating standards in an efficient manner during scheduled working hours.

c.

Each person engaging in aircraft sales shall provide, within the leased area, paved parking for customers and employees in accordance with all applicable zoning regulations and building codes.

(c)

Aircraft airframe, engine, or accessory maintenance, repair and parts sales.

(1)

Purpose/objective. To establish minimum operating standards for any person engaging in aircraft airframe, engine or accessory maintenance and repair within the airport. This category shall also include the sale of aircraft parts and accessories.

(2)

Minimum operating standards for aircraft airframe, engine or accessory maintenance, repair and parts sales.

a.

Each person providing services hereunder shall conduct normal and reasonable business hours. Normal and reasonable business hours for purposes herein shall mean remaining open and providing service to the public as specified in the lease agreement.

b.

Each person providing services hereunder shall provide sufficient equipment supplies, manuals and availability of parts in accordance with FAR Parts 43 and 91 and amendments thereto and other applicable rules and regulations.

c.

Each person providing services hereunder shall conduct its operations on no less than one (1) acre of land, provide for no less than four thousand (4,000) square feet of combined office and hangar space, and provide for no less than ten thousand (10,000) square feet of ramp space.

d.

Each person providing services hereunder shall have in its employ, and on duty during the business hours, trained and certified personnel in such numbers as are required to meet these minimum operating standards set forth in this category of services in an efficient manner, but never less than one (1) person currently certificated by the FAA with ratings appropriate to the work being performed and who holds an airframe, power plant or an aircraft inspector rating.

e.

Each person providing services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

(d)

Specialized equipment sales and maintenance.

(1)

Purpose/objective. To establish minimum operating standards for any person engaging in specialized equipment sales and maintenance within the airport. For purposes herein, specialized equipment refers to (but is not limited to) avionics, instruments or propellers, and the sales of maintenance of said equipment.

(2)

Minimum operating standards for specialized equipment sales and maintenance.

a.

Each person providing services hereunder shall conduct normal and reasonable business hours. Normal and reasonable business hours for purposes herein shall mean remaining open and providing service to the public as specified in the lease agreement.

b.

Each person providing services hereunder shall have in its employ and on duty during the appropriate business hours, trained and [certified] personnel in such numbers as are required to meet the minimum operating standards set forth in this category of services in an efficient manner, but never less than one (1) person who is currently FAA rated for each and every specialization which such person is engaged (i.e., avionics, instruments, propellers or any combination thereof).

c.

Each person providing services hereunder shall conduct its operations on no less than one (1) acre of land, provide for no less than four thousand (4,000) square feet of combined office and hangar space, and provide for no less than ten thousand (10,000) square feet of ramp space.

d.

Each person providing services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

(e)

Aircraft leasing and rental.

(1)

Purpose/objective. To establish minimum operating standards for any person engaging in aircraft leasing and rental within the airport.

(2)

Minimum operating standards for aircraft leasing and rental.

a.

Each person providing services hereunder shall have available for rental, either owned or under written lease to the company, at least two (2) properly certificated aircraft, one (1) of which must be a four-place aircraft equipped for and capable of flight under instrument weather conditions.

b.

Each person providing services hereunder shall have available at least one (1) certified flight instructor who has been properly certificated by the FAA to provide pilot checkout in the aircraft offered for lease or rent.

c.

Each person providing services hereunder shall conduct its operations on no less than (1) acre of land, provide for no less than four thousand (4,000) square feet of combined office and hangar space, and provide for no less than ten thousand (10,000) square feet of ramp space.

d.

Each person providing services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

(f)

Flight training.

(1)

Purpose/objective. To establish minimum operating standards for any person providing flight training services on the airport.

(2)

Minimum operating standards for flight training services.

a.

Each person providing flight training services shall have at least two (2) properly certificated aircraft available for use in flight training, one (1) of which must be a two-place aircraft, and one (1) of which must be equipped for and capable of use for instrument flight training.

b.

Each person providing flight training services shall have available at least one (1) certified flight instructor who has been properly certificated by the FAA to provide the type(s) of training offered.

c.

Each person providing flight training services shall conduct its operations on no less than one (1) acre of land, provide for no less than four thousand (4,000) square feet of combined office and hangar space, and provide for no less than ten thousand (10,000) square feet of ramp space.

d.

Each person providing flight training services shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

(g)

Aircraft charter and air taxi.

(1)

Purpose/objective. To establish minimum operating standards for any person engaging in aircraft charter and/or air taxi operations within the airport.

(2)

Minimum operating standards for aircraft charter and air taxi.

a.

Aircraft charter and air taxi operators are required to comply with the requirements specified in 14 CFR Part 135 - Operating Requirements: Commuter and On-Demand Operations and Rules Governing Persons On Board Such Aircraft.

b.

No commercial charter or air taxi activity shall be conducted from any hangar facility without a lease or written permission by the BOCC indicating the right to perform such activity.

c.

Each person providing services [of] charter or air taxi activity shall provide the airport manager with a copy of the approved FAA operating specifications and charter or air taxi authorization including the type, class, size and number of aircraft to perform the intended operation. There shall be at least one (1) aircraft to meet the requirements of the air taxi commercial certificate held by said person.

d.

Each person providing services hereunder shall employ and have on duty during the appropriate business hours as specified in the lease agreement, adequately trained personnel in sufficient numbers to meet the minimum operating standards, but never less than one (1) person who is an FAA certified commercial pilot and otherwise appropriately rated to permit the offered flight activity.

e.

Each person providing services hereunder shall conduct its operations on no less than one (1) acre of land, provide for no less than four thousand (4,000) square feet of combined office and hangar space, and provide for no less than ten thousand (10,000) square feet of ramp space.

f.

Each person providing services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

(h)

Aircraft storage.

(1)

Purpose/objective. To establish minimum operating standards for any person engaging in aircraft storage within the airport.

(2)

Minimum operating standards for aircraft storage.

a.

Each person providing aircraft storage hereunder shall have its facilities available for the tenants' aircraft storage and removal on a continuous basis as specified in the lease agreement.

b.

Each person providing aircraft storage hereunder shall provide sufficient personnel trained to meet all requirements for the storage of aircraft with appropriate equipment.

c.

Each person providing aircraft storage hereunder shall conduct its operations on no less than one (1) acre of land, provide for no less than ten thousand (10,000) square feet of combined office and hangar space, and provide for no less than fifteen thousand (15,000) square feet of ramp space.

d.

Each person providing services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

(i)

Specialized commercial flight services.

(1)

Purpose/objective. To establish minimum operating standards for any person engaging in specialized commercial flight services within the airport. This category includes the following aviation related services for hire:

a.

Sightseeing flights that begin and end at the airport;

b.

Crop dusting, seeding and spraying;

c.

Aerial photography and survey;

d.

Power line or pipeline patrol;

e.

Glider/sailplane operations;

f.

Any other commercial operations specifically excluded from 14 CFR Part 135 of the Federal Aviation Regulations.

(2)

Minimum operating standards for specialized commercial flight services.

a.

Each person providing services hereunder shall conduct its operations in a leased or constructed building sufficient to accommodate all of its proposed activities and operations.

b.

Further, each person specifically providing any form of crop dusting, aerial application, or aerial spraying of any chemical shall make suitable arrangements and have such space available in its leased area for the safe loading, unloading, storage and containment of chemical materials. Such person shall further prepare a written emergency plan for the handling of hazardous materials and which plan shall be filed with the airport manager prior to commencement of operations and shall be reviewed and updated on a periodic basis. Any and all spills must be immediately reported to the airport manager. Additionally, each person hereunder shall demonstrate that they have a sufficient number of aircraft that are suitably equipped and certified for the particular type of operation they intend to perform.

c.

Each person providing services hereunder shall have on duty, a sufficient number of trained personnel to efficiently meet and carry out these standards, and any specific terms and/or conditions included in the lease agreement.

d.

Each person providing services hereunder shall provide a point of contact for those desiring to use the services provided. An emergency contact name and phone number must be provided to the airport manager or his designee.

e.

Each person providing services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

(j)

Multiple service providers.

(1)

Purpose/objective. To establish minimum standards for those instances where a multiple services FBO or SASO engages in two (2) or more of the aeronautical services for which minimum operating standards have been herein provided.

(2)

Minimum operating standards for multiple services.

a.

Each person providing multiple services hereunder shall comply with the aircraft requirements for each aeronautical service to be performed. Multiple uses can be made of all FBO/SASO-owned or leased aircraft except for aircraft used for aerial application of chemicals. The firm must have individuals trained and certified to provide all offered services.

b.

Each person providing multiple services hereunder shall provide the facilities, equipment and services required to meet the minimum operating standards as herein provided for all aeronautical services that they perform.

c.

Each person providing multiple services hereunder shall employ sufficiently trained personnel to meet these minimum operating standards for each aeronautical service the FBO or SASO is performing in an efficient manner. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed.

d.

Each person providing multiple services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

(k)

Independent operators.

(1)

Purpose/objective. To establish minimum operating standards for all independent operators (as used interchangeably with "independent contractors") on the airport.

(2)

Minimum operating standards for independent operators.

a.

Each person providing any service hereunder shall be currently certificated by the FAA with ratings appropriate to the work being performed (unless such service is not regulated or certificated by the FAA such as detailing or aircraft washing).

b.

Each person providing any service hereunder shall have on hand sufficient equipment supplies, manuals and availability of parts related to the service being offered (see, e.g., 14 CFR Parts 43 and 91 and amendments thereto).

c.

Each person providing any service hereunder shall make application with the airport manager and shall execute a license agreement for the temporary service.

d.

Each person providing any service hereunder shall agree to be bound by the airport's rules and regulations as if such person has an established place of business or leasehold on the airport.

(l)

Flying clubs.

(1)

Purpose/objective. To establish minimum operating standards for local flying clubs.

(2)

Minimum operating standards for flying clubs.

a.

Each flying cub operating at the airport shall meet the definition and other requirements of the FAA for a "flying club".

b.

Prior to commencement of aeronautical activities at the airport, each club must obtain written approval from the airport manager to operate such club. The land (acreage) requirement, office size, ramp size, and hours of operation shall be specified in the lease agreement.

c.

Each flying club shall provide, on the leased area, paved parking for the club members and visitors in accordance with zoning regulations and building codes.

d.

Each flying club, prior to and during the term of its lease or agreement to operate, shall submit sufficient documentation to the airport manager in order to establish ownership and financial status.

e.

Each club must be registered as a nonprofit corporation or partnership.

f.

Each member of a flying club must be a bona fide owner of the aircraft or stockholder in the corporation, in accordance with that member's prorata share.

g.

Each flying club will provide the airport manager or his designee an emergency contact person and phone number, and shall update such information immediately upon any change.

h.

No flying club may derive greater revenue from the use of its aircraft other than the amount necessary for the actual operation, maintenance and replacement of its aircraft.

i.

The flying club's aircraft will not be used by other than bona fide members for rental and will not be used by anyone for commercial operations.

j.

Aircraft maintenance performed by the flying club's members or staff shall be limited to preventative maintenance that does not require a certificated mechanic. All other maintenance must be provided by either a certificated mechanic authorized to provide such service at the airport or by an off-airport repair facility. If the flying club desires to employ a mechanic to perform maintenance of club-owned aircraft, then the flying club shall be required to lease, construct new, or improve an existing hangar such that it is suitable for aircraft maintenance. However, in no instance shall any periodic or annual inspections be performed in any T-hangars, shade hangars, or dome hangars.

(m)

Aircraft management services. An aircraft management services operator refers to a person performing services for compensation pursuant to an aircraft management services agreement for an aircraft to be operated exclusively under 14 CFR Part 91 on behalf of the owner. Aircraft management does not include the control of or operation of aircraft under 14 CFR Part 135.

(1)

Purpose/objective. To establish minimum operating standards for all aircraft management services on the airport.

(2)

Minimum operating standards for aircraft management services.

a.

Each person providing aircraft management services hereunder shall conduct its operations in a leased or constructed building sufficient to accommodate all of its proposed activities and operations.

b.

Each person providing aircraft management services hereunder shall conduct its operations on no less than one (1) acre of land, provide for no less than ten thousand (10,000) square feet of combined office and hangar space, and provide for no less than fifteen thousand (15,000) square feet of ramp space.

c.

Each person providing services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

d.

Any person providing aircraft management services shall provide copies of management agreements between the aircraft owner and the management services operator and shall also keep and provide an updated list to the airport manager of all aircraft tail numbers and/or registrations that are being managed by the operator at the Brooksville-Tampa Bay Regional Airport.

e.

With prior written approval from the airport manager, requirements "a." through "c." above may be satisfied by a sublease of such space from an existing operator.

(n)

Charter brokerage services. A charter brokerage services operator means a person brokering another person's aircraft for use in charter operation or filling seats in an aircraft for purposes of charter operation. Charter brokerage services do not include the control or operation of aircraft under FAR Part 135.

(1)

Purpose/objective. To establish minimum operating standards for all charter brokerage services on the airport.

(2)

Minimum operating standards for charter brokerage services.

a.

Each person providing charter brokerage services hereunder shall conduct its operations in a leased or constructed building sufficient to accommodate all of its proposed activities and operations.

b.

Each person providing charter brokerage services hereunder shall conduct its operations on no less than one (1) acre of land, provide for no less than ten thousand (10,000) square feet of combined office and hangar space, and provide for no less than fifteen thousand (15,000) square feet of ramp space.

c.

Each person providing services hereunder shall provide, within the leased area, paved parking for its customers and employees in accordance with applicable zoning regulations and building codes.

d.

Any person providing charter brokerage services shall provide copies of management agreements between the aircraft owner and the management services operator and shall also keep and provide an updated list to the airport manager of all aircraft and/or registrations that are being managed by the operator at the Brooksville-Tampa Bay Regional Airport.

e.

With prior written approval from the airport manager, requirements "a." through "c." above may be satisfied by a sublease of such space from an existing operator.

Activities not covered in minimum operating standards. All activities for which there are no specific minimum standards set forth herein shall be subject to the standards, provisions, and insurance requirements as developed by the airport management on a case-by-case basis and set forth in such commercial airport operator's written lease or agreement with the BOCC. Subsequent to the development of such a lease agreement, the lease terms, conditions and requirements within shall exist as the standard for operators that may intend to provide similar aeronautical services at the airport in the future.

(Ord. No. 2016-3, § 1(Exh. A, pt. III), 2-9-16; Ord. No. 2017-30, § 1, 8-8-17)