Ariz. Admin. Code § 17-2-203

Current through Register Vol. 30, No. 50, December 13, 2024

Section R17-2-203 - Minimum Requirements for Fixed Base Operators

A. Before entering into a contract or commencing any operation at the airport as a fixed base operator, each fixed base operator shall:

1. Hold a commercial fuel handling use permit;

2. Submit to airport management, a verified statement that contains a detailed description of the scope of the intended operation. This statement shall include:

a. The means and methods that will be employed to accomplish the aviation operation, including how the operating standards and requirements will be met; and

b. The nature of ownership and the responsible parties. If the responsible party is:

i. An individual, include the person's name and address;

ii. A partnership, include the names and addresses of all the partners; or

iii. A corporation, association, or other organization, include the names of the president, vice president, secretary, and managing officer or managing employee;

3. Possess a minimum of three years experience, within the past five years, in managing a fixed base operation at an airport.

a. The experience requirement applies either to:

i. The individual owner, if a sole proprietorship;

ii. One of the partners, if a partnership; or

iii. The permanent full-time managing officer or employee, if a corporation.

b. If more than one person shares the full-time management responsibilities and duties of the organization, their collective management experience may be used to satisfy subsection (A)(3) if that experience encompasses each particular service or operation proposed;

4. Provide to airport management, a complete certified financial statement, prepared by an independent accounting firm;

5. Provide to airport management, evidence of current public liability insurance coverage in the minimum amount required by the Department of Administration's Risk Management Section, naming the state as co-insured. Hangarkeeper's liability insurance may be required if aircraft are on the premises for safekeeping, storage, service, or repair; and

6. Submit to airport management, a verified statement that there is a commitment from a fuel supplier to supply fuel. The commitment shall specify the types and volumes of fuel available to the fixed base operator.

B. Upon commencing operations, a fixed base operator shall:

1. Provide to airport management, an annual financial statement at the close of the state's fiscal year;

2. Obtain and keep current, during the term of the use permit, all required federal, state, and local licenses and ensure compliance with all federal, state, and local laws, rules, regulations, and policies governing the use of the airport;

3. Remain available as required by airport management, either individually or in connection with the other fixed base operators situated at the airport, to provide service and to respond to emergencies during after-hours;

4. Report all data pertaining to gallons and types of fuel pumped and other types of information as required by additional use permits. Reports shall be provided to the airport management and other requesting agencies in a timely manner;

5. Report all activity for which fees are established and pay all fees before the 10th calendar day of each month;

6. Retain all financial records at the airport for five years and comply with all auditing requirements in the use permit;

7. Provide airport management with a list of all employees with access to airport security areas and notify airport management of any changes;

8. Provide verification of compliance with employee security checks required under federal, state, and local laws, rules, regulations, and policies governing the use of the airport;

9. Comply with all FAA and NFPA inspection criteria;

10. Provide airport management with a copy of written fueling operations procedures, safety and inspection manuals, and records, as required by FAA and NFPA regulations; and

11. Maintain an approved, written, spill-prevention contingency and control plan that meets all applicable federal and state standards.

Ariz. Admin. Code § R17-2-203

Adopted effective May 2, 1990 (Supp. 90-2). Amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 06-4). Section heading corrected per Department's request as amended by final rulemaking at 12 A.A.R. 4437, effective January 6, 2007 (Supp. 09-2).