Title 19 | AIRPORTS

Chapters
19.04 Kittitas County Airport (Bowers Field)

Chapter 19.04
Kittitas County Airport (Bowers Field)

Sections

Part I. Definitions
19.04.010 Generally.
19.04.020 Aeronautical activity.
19.04.030 Aircraft.
19.04.040 Airport.
19.04.050 Airport master plan.
19.04.060 Airport manager.
19.04.070 Applicant/operator.
19.04.080 Board.
19.04.090 Director.
19.04.100 Citizen airport advisory committee.
19.04.110 Employee.
19.04.120 Federal Aviation Administration (FAA).
19.04.130 Fixed base operation (FBO).
19.04.140 Minimum standards.
19.04.150 Rules and regulations.

Part II. Exclusive Rights Prohibited - Land and Facility Use
19.04.160 Defined.

Part III. Contract Requirements
19.04.170 Defined.

Part IV. Application to Kittitas County
19.04.180 Applications.
19.04.190 Minimum application information.
19.04.200 Supporting documents.
19.04.210 Review of statements.

Part V. Kittitas County's Review of Application
19.04.220 Lease - Grounds for denial.

Part VI. Standard Requirements for All Commercial Aeronautical Activities
19.04.230 Defined.

Part VII. Lease, Operating Agreement or Airport Use Agreement
19.04.240 Lease - Preparation.

Part VIII. Minimum Standards for Specific Commercial Activities
19.04.250 Minimum requirements.

Part IX. Full Service FBO
19.04.260 Defined.
19.04.270 Minimum leasing requirements.
19.04.280 Area requirements.
19.04.290 Vehicular parking.
19.04.300 Debris and hazardous wastes.
19.04.310 Aircraft parking and storage.

Part X. Limited Service FBO
19.04.320 Defined.

Part XI. Aircraft Airframe, Engine and Accessory Repair and Maintenance
19.04.325 Defined.
19.04.330 Compliance required.

Part XII. Aircraft Sales, Leasing and Rental
19.04.340 Defined.

Part XIII. Aircraft Parts Sales and Service
19.04.350 Defined.

Part XIV. Aircraft Charter and Taxi Service
19.04.360 Defined.

Part XV. Public Aircraft Tie-Down Service
19.04.370 Defined.

Part XVI. Public Sales of Aviation Fuels and Lubricants
19.04.380 Compliance required.
19.04.390 Minimum lease requirements.
19.04.400 Additional requirements.
19.04.410 Safety requirements.
19.04.420 Fuel storage site.
19.04.430 Fuel flowage fees.
19.04.440 Certified meter reading.
19.04.450 Waiver of requirements.

Part XVII. Avionics Sales and Service
19.04.460 Defined.
19.04.470 Minimum space requirement.
19.04.480 Restroom facilities.
19.04.490 Waiver of requirements.

Part XVIII. Other Aeronautical Services Flight Training and Ground Schools
19.04.500 Flight training requirements.
19.04.510 Ground school requirements.

Part XIX. Aerial Applicators
19.04.520 Regulations.

Part XX. Aerial Advertising
19.04.530 Requirements.

Part XXI. Other Specialized Aeronautical Services
19.04.540 Generally.
19.04.550 Minimum standards.

Part XXII. Self Fueling
19.04.560 Generally.
19.04.570 Requirements.
19.04.580 Fuel co-op.

Part XXIII. Automotive Fuels
19.04.590 Defined.

Part XXIV. Employees of Operators and Lessees
19.04.600 Generally.
19.04.610 Defined.
19.04.620 Default of operator's agreement.

Part XXV. Employees of Aircraft Owners or Operators
19.04.630 Defined.
19.04.640 Owner/operators.
19.04.650 Designated areas.
19.04.660 Self-maintenance.
19.04.670 Proof of employment.

Part XXVI. Lease of Airport Land and Facilities
19.04.680 Generally.
19.04.690 Hangars constructed by FBOs on leased space.

Part XXVII. Construction of Hangars by Other Than FBOs
19.04.700 Defined.

Part XXVIII. Construction or Alterations - General
19.04.710 Approval.

Part XXIX. Amendment of Standards
19.04.720 Generally.

Part XXX. Notices
19.04.730 Generally.

Part XXXI. Severability
19.04.740 Generally.

Part I. Definitions

19.04.010 Generally.
As used in this chapter, the terms set forth in Sections 19.04.020 through 19.04.150 shall have the following definitions. (Ord. 92-24 (part), 1992).

19.04.020 Aeronautical activity.
"Aeronautical activity" shall mean any activity on airport property which involves, makes possible, or is required for the operation of aircraft; or which contributes to, or is required for, the safety of such operations, and shall include, but not be limited to: charter operations, pilot training, aircraft rental and sight-seeing, aerial photography, aerial application, flying clubs, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products, repair and maintenance of aircraft, sale of aircraft and aircraft parts, sale of navigation equipment and any other activity which, because of its direct relationship to the operation of aircraft, can appropriately be regarded as an aeronautical activity. (Ord. 92-24 (part), 1992).

19.04.030 Aircraft.
"Aircraft" shall mean any vehicle now known or hereafter invented, used or designed for navigation of or flight in the air. (Ord. 92-24 (part), 1992).

19.04.040 Airport.
"Airport" shall mean the Kittitas County Airport (Bowers Field) or future county-owned airports, located on city, county and/or state lands and operated by Kittitas County. (Ord. 92-24 (part), 1992).

19.04.050 Airport master plan.
"Airport master plan" means the currently approved development plans and scaled dimensional layout of the entire airport properties, indicating current and proposed usage for each identifiable segment as adopted by Kittitas County and approved by the Federal Aviation Administration and amended from time to time. (Ord. 9224 (part), 1992).

19.04.060 Airport manager.
"Airport manager" shall mean the director, Kittitas County department of public works or his designee. (Ord. 92-24 (part), 1992).

19.04.070 Applicant/operator.
"Applicant/operator" shall mean any person, firm, general or limited partnership, corporation, trust or association making application for, leasing or using any land or facility at the airport. (Ord. 92-24 (part), 1992).

19.04.080 Board.
"Board" shall mean the board of Kittitas County commissioners. (Ord. 92-24 (part), 1992).

19.04.090 Director.
"Director" shall mean the director of public works. (Ord. 92-24 (part), 1992).

19.04.100 Citizen airport advisory committee.
"Citizen airport advisory committee" shall mean those individuals appointed by the board of county commissioners to serve in an advisory capacity. The committee shall make recommendations to the board of county commissioners on matters relating to the Kittitas County Airport. (Ord. 92-24 (part), 1992).

19.04.110 Employee.
"Employee" shall mean any individual offering services to an operator, lessee or aircraft owner ("employer") on the airport, including service in interstate commerce, performed for wages or under contract calling for the performance of personal services, written or oral, express or implied. Said employee shall be subject to the provisions of RCW Titles 50 and 51 and shall conform to Internal Revenue Service regulations used to establish an individual's status as an employee. (Ord. 92-24 (part), 1992).

19.04.120 Federal Aviation Administration (FAA).
"Federal Aviation Administration (FAA)" shall mean that agency or any succeeding agency or administrative authority as established by the Federal Aviation Act. (Ord. 92-24 (part), 1992).

19.04.130 Fixed base operation (FBO).
"Fixed base operation (FBO)" shall mean any agent or business entity licensed to conduct business in the state for the purpose of providing any or all of the commercial aeronautical activities herein defined.

Fixed based operations shall be comprised of either of two types:

1. Full Service FBO - meets specific minimum leasing requirements as hereinafter defined and provides all of the following services:
   1. Air taxi and/or charter;
   2. Flight training;
   3. Aircraft rental and/or sales;
   4. Aircraft airframe, engine and accessory repair and maintenance;
   5. Sale of aircraft parts;
      In addition to the above, the full service FBO may provide public sales of aviation fuels and lubricants.
2. Limited Service FBO - provides one or more of the aeronautical services listed in subsections (1)(A) through (1)(E) above as a limited or specialized commercial aeronautical activity and does not meet the minimum leasing requirements for a full service FBO as herein defined. (Ord. 92-24 (part), 1992).

19.04.140 Minimum standards.
"Minimum standards" the qualifications established herein, as amended from time to time by Kittitas County upon recommendations of the director and/or airport manager and the airport advisory committee setting forth the minimum requirements to be met as a condition for the right to conduct a commercial aeronautical activity on the airport. (Ord. 92-24 (part), 1992).

19.04.150 Rules and regulations.
"Rules and regulations" means the rules and regulations as may be promulgated from time to time by Kittitas County to protect the public health, safety, interest and welfare of Kittitas County and to augment the ordinances and resolutions pertaining to the airport. (Ord. 92-24 (part), 1992).

Part II. Exclusive Rights Prohibited - Land and Facility Use

19.04.160 Defined.

1. No person or entity shall be granted an exclusive right to conduct any commercial aeronautical activity on the airport pursuant to Section 308(a) of the Federal Aviation Act of 1958. No person or entity shall be permitted use of airport land; or to conduct any commercial activity; or to solicit any business on the airport, unless such commercial aeronautical activity is conducted in compliance with the minimum standards herein established or as hereinafter amended by Kittitas County.
2. Any person or entity proposing to conduct a commercial aeronautical activity on the airport shall obtain all applicable federal, state and municipal permits, licenses and/or contracts as required for the proposed type of activity prior to entering into a lease or operating agreement with Kittitas County. (Ord. 92-24 (part), 1992).

Part III. Contract Requirements

19.04.170 Defined.

1. As required by Kittitas County resolution and applicable ordinances and resolutions as may be promulgated by Kittitas County, no person shall engage in any business or commercial activity or in the sale of any commodity or service on the airport unless specifically authorized by lease, concession or airport use agreement with Kittitas County.
2. Each commercial applicant/operator shall obtain a lease, concession or airport use agreement by applying in the manner prescribed in Part IV. Any leasing or facility requirements set forth herein must be met to conduct its business. (Ord. 92-24 (part), 1992).

Part IV. Application to Kittitas County

19.04.180 Applications.
Applications for leases of ground and/or facilities, concession agreement, airport use agreement or other operating agreement to conduct any commercial business or aeronautical activity shall be made to Kittitas County or an authorized representative. The application shall thereafter be presented to Kittitas County. The applicant shall submit all information and material necessary or requested by Kittitas County, to establish the applicant's qualifications and compliance with all rules and regulations. The application shall be signed and submitted by a party owning an interest in the business, or the individual who will be managing the business, or partner of a partnership, or a director or an officer of a corporation. (Ord. 92-24 (part), 1992).

19.04.190 Minimum application information.
Kittitas County will not accept a request to lease building space or land area or authorize a commercial activity until the applicant submits in writing a proposal which includes the following:

1. The name and address of the applicant;
2. The type and organizational structure of the applicant;
3. The proposed land use, facility and/or activity sought, including use of any hazardous materials;
4. The names and qualifications of the personnel to be involved in conducting such activity on behalf of the applicant;
5. The tools, equipment, services and inventory, if any, proposed to be used in connection with such activity;
6. The requested or proposed date for commencement of the activity and the term of conducting the same;
7. The estimated cost of any structure or facility to be furnished, the proposed specifications, site plan, and the means or methods of financing same;
8. The proof of the specific types and amounts of insurance required for the activity by Kittitas County Resolution No. 88-73, dated September 20, 1988:
   1. Aircraft based at the Kittitas County Airport (Bowers Field) obtain and provide proof of insurance coverage thereof, aircraft liability coverage in an amount not less than $100,000 - bodily injury; $300,000 - property damage; $300,000 - each occurrence.
   2. That lessees other than nonprofit corporations, leasing land and/or buildings other than T-hangars and tie-downs obtain and provide proof of insurance coverage thereof naming Kittitas County as co-insured, premises liability coverage in an amount not less than $100,000 - bodily injury; $300,000 - property damage; $300,000 - each occurrence.
   3. That lessees who are nonprofit organizations engaged in noncommercial activities leasing land and/or buildings other than T-hangars and tie-downs, obtain and provide proof of insurance coverage thereof to the satisfaction of the Kittitas County director of public works, or his designee. The director of public works, or his designee, shall take into account the kind of and degree of activity conducted by such nonprofit organizations in determining their insurance coverage. The director of public works, or his designee, is authorized to devise an insurance plan wherein Kittitas County participates to provide insurance coverage for nonprofit corporations, which plan shall adequately protect the interest of Kittitas County and minimize the cost of insurance to such nonprofit organizations.
   4. That all lessees conducting commercial operations on the airport properties obtain and provide proof of insurance coverage thereof naming Kittitas County as co-insured, premises liability coverage of not less than $1,000,000. Individuals and/or corporations conducting commercial operations involving aircraft (flight instruction, aircraft rental, flight for hire, etc.) obtain and provide proof of aircraft insurance coverage: $100,000 - bodily injury; $1,000,000 each occurrence.
   5. That all lessees leasing land for agricultural and grazing purposes obtain and provide proof of coverage thereof naming Kittitas County as co-insured, general liability coverage of not less than $1,000,000 for those parcels abutting the operational area; $100,000 - bodily injury; $300,000 - property damage; $300,000 - each occurrence, for those parcels physically separated from the operational area.
9. Disclosure of any license permit application which may have been revoked or denied by any court, any entity, the FAA, or any governmental agency having jurisdiction over said licenses, permits, etc.

Kittitas County shall be the sole judge of what constitutes adequate financial capacity and qualifications of the applicant to conduct the proposed activity. (Ord. 92-24 (part), 1992).

19.04.200 Supporting documents.
Upon request of Kittitas County, the applicant shall submit the following supporting documents and other documents and information as may be requested:

1. Financial Statement. A current financial statement;
2. Names and financial statements of proposed guarantors of the lease or operating agreement;
3. Prepare an operating statement for the first year;
4. Assets. A written listing of the assets owned or being purchased which will be used in the business on the airport;
5. Credit Report. A current credit report covering all areas in which the applicant has done business during the last five years;
6. Authorization for Release of Information. A written authorization for the FAA and all aviation or aeronautical commissions, administrators, or department of all states in which the applicant has engaged in commercial aeronautical business to supply the county with all information in their fields relating to the applicant or his operation. The applicant shall execute such forms, releases and discharges as may be requested by any of these agencies; and
7. Licenses. All applicable licenses, permits or certificates licensing applicant to conduct said activity in the state of Washington. (Ord. 92-24 (part), 1992).

19.04.210 Review of statements.
Unless specifically waived by Kittitas County, the above statements must be reviewed by a certified public accountant, licensed by the state of Washington. (Ord. 92-24 (part), 1992).

Part V. Kittitas County's Review of Application

19.04.220 Lease - Grounds for denial.
In reviewing an application, the following terms will be considered, and may form the basis for denial of the application.

1. Not Qualified. The applicant, for any reason, does not meet the qualifications, standards and requirements established by these minimum standards.
2. Safety Hazard. The applicant's proposed operations or construction will create a safety hazard on the airport.
3. Airport Expenditure. The granting of the application will require the expenditure of airport funds, labor or materials which Kittitas County believes will exceed the benefits to the airport.
4. Availability. There is no appropriate, adequate or available space or building on the airport to accommodate the activities of the applicant at the time of the application.
5. Non-Compliance with Master Plan. The proposed operation or airport development activity does not comply with the master plan of the airport.
6. Congestion. The development or activity or use of the area requested by the applicant may result in an unreasonable deprivation or restriction of public access of competitive locations.
7. Misrepresentation. Any applicant who submits false information, misrepresentation, or fails to make full disclosure on his application or supporting documents.
8. History of Revocation or Denial. Any applicant who has previously had a permit revoked by an airport for noncompliance with similar contractual agreement(s) requested.
9. Defaulted Performance. Any applicant who has materially defaulted in the performance of any lease or other agreements with Kittitas County.
10. Lack of Finances. Lack of finances means that the applicant does not have the financial ability to conduct the proposed operation for a minimum period of six months.
11. Conviction of Crime. Any applicant who has been convicted of any crime or violation of any ordinance indicating that the applicant would not be considered a desirable operator on the airport.
12. Ecological Considerations. If Kittitas County determines that an applicant's proposed activity shall cause a hazard to the health, safety and welfare of the citizens of Kittitas County.
13. Surety. Inability of applicant to post performance bond or prepaid rents equal to six months' rental. (Ord. 92-24 (part), 1992).

Part VI. Standard Requirements for All Commercial Aeronautical Activities

19.04.230 Defined.

1. Kittitas County may require every applicant desiring to conduct commercial activities at the airport to demonstrate the following requirements:
   1. That such applicant has a history of management and personnel capacity in conducting the same or comparable type of service or activity in a manner satisfactory to Kittitas County;
   2. That the applicant has demonstrated a financial ability to finance facilities and service proposed;
   3. That the applicant has or can secure necessary certificates, permits and licenses from the FAA or other authority for the activity proposed.
2. In considering every application for establishing commercial aeronautical activities, Kittitas County shall give due consideration to whether or not such proposed activity would serve the public interest. (Ord. 92-24 (part), 1992).

Part VII. Lease, Operating Agreement or Airport Use Agreement

19.04.240 Lease - Preparation.

1. Upon the approval of the application as submitted or modified, the airport staff shall prepare a written lease, contract or agreement setting forth terms and conditions assuring, when appropriate:
   1. That the minimum standards be incorporated into said lease, contract or agreement by specific reference;
   2. That the applicant must comply with the minimum standards for each particular activity approved;
   3. That any structure or facility constructed or placed on the airport shall conform to all safety regulations, building codes and fire regulations of any applicable federal, state and local agency;
   4. That Kittitas County shall reserve the right to amend the "Minimum Standards for Commercial Aeronautical Activities at the Airport", or rules and regulations promulgated therefor;
   5. That the performance of said lease, contract or agreement is guaranteed;
   6. That a fuel flowage fee shall be paid directly or through the fuel supplying company for aircraft fuels delivered to the applicant;
   7. That the controlling interests in the operation shall not be transferred by stock purchase or other sale or assignment of business or corporation to which the lease, contract or agreement is granted without the prior written consent of Kittitas County; and
   8. Any lease, contract or agreement entered into with the applicant shall be terminated if the applicant fails to comply with the minimum standards as modified, after due notice has been given.
2. In addition to the above provisions, all contract agreements for conduct of commercial activities at the airport shall have the following minimum requirements:
   1. Term. Each agreement shall have a specified term and may consist of month-to-month, year-to-year or a specified number of months and/or years, with a termination date. Length of term of lease agreements shall be negotiated in accordance with the provisions of RCW 14.08.120 or as amended thereafter.
   2. Premises. Shall specify as applicable, leased premises on the airport.
   3. Use of Premises. Specifies authorized use of lease premises.
   4. Rights Granted. Specifies each commercial aeronautical activity authorized by the agreement in accordance with the minimum standards contained herein.
   5. Rentals and Fees. Specifies the rents and/or fees paid to Kittitas County for conduct of business at the airport. Rates charged shall be on fair and reasonable terms and without unjust discrimination. Airport users will be charged for facilities and/or services under a fee and rental structure which allows the airport to be self-sustaining.
   6. Adjustment of Rents and Fees. Shall specify a date at which rents and fees will be subject to readjustment. See the section below.
   7. Failure to Pay Rents and Fees. Provides for Kittitas County's legal rights in the event operator or lessee fails to pay rents or fees required by the agreement.
   8. Financial Conditions. Contains Kittitas County's authority to inspect operator's or lessee's financial records as they pertain to the agreement with Kittitas County. Also specifies the requirement for all commercial operators to maintain a payment/performance bond equivalent to a total of six months revenue to Kittitas County during the term of the agreement. This provision may be waived at the sole discretion of Kittitas County.
   9. Indemnification and Insurance. These sections provide that the applicant/operator furnish suitable indemnity, insurance or bond to protect and hold Kittitas County, their elected and appointed agents, officials and employees free and harmless from claims arising from the operator's or lessee's actions or from damages resulting from the operations of aircraft, or any liability arising in connection with the conduct of the activity proposed at the airport. Prior to commencing operations or occupying airport premises, every operator or lessee at the airport shall obtain and keep in full force and effect throughout the term of the agreement, a policy of comprehensive general liability insurance in a minimum amount of $1,000,000 combined single limit coverage for personal injury, death or property damage in any one occurrence. Kittitas County retains the right to set the specific limits of coverage of such insurance.
      1. Said minimum liability insurance requirements may be reviewed and amended by Kittitas County from time to time.
      2. Additional minimum requirements for insurance shall be determined by Kittitas County depending on the nature of the proposed activity.
   10. Taxes. Provides for the lessee's/operator's obligation to be responsible for the payment of all applicable federal, state and local taxes. (Ord. 92-24 (part), 1992).

Part VIII. Minimum Standards for Specific Commercial Activities

19.04.250 Minimum requirements.

1. In addition to meeting the requirements mentioned above in Section 19.04.240, every applicant conducting those specific commercial aeronautical activities described shall meet the additional minimum requirements as described for each activity.
2. The land or facilities requirements for the lessee/operator as set forth herein shall be located on the airport at which lessee/operator's authorized business facility is conducted as set forth in the agreement with Kittitas County. (Ord. 92-24 (part), 1992).

Part IX. Full Service FBO

19.04.260 Defined.

1. A full service FBO shall provide the services and meet the minimum standards requirements for the services as listed in:
   1. Aircraft airframe, engine and accessory repair and maintenance;
   2. Aircraft rental and sales;
   3. Aircraft parts, sales and service;
   4. Aircraft charter and taxi service;
   5. Flight training.
2. In addition to the services required above, the full service FBO may provide public sales of aviation fuels and lubricants after meeting the minimum leasing requirements as listed in Part XVI, Public Sales of Aviation Fuels and Lubricants. (Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

19.04.270 Minimum leasing requirements.
Minimum leasing requirements for a full service FBO shall be:

1. A ground lease to adequately provide space for the following facilities:
   1. Aircraft maintenance hangar;
   2. Aircraft storage hangar;
   3. Paved apron;
   4. Office space adequate to house office, pilot's lounge, restrooms, and appropriate shop.
2. If the full service FBO provides public sales of aviation fuel there shall be constructed a fuel storage site which shall conform to all local, state and federal regulations. The fuel storage site shall be within, or contiguous with, the FBO's leased premises or at a Kittitas County designated fuel farm leased site on the airport. (Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

19.04.280 Area requirements.
FBO shall rent all land to a line of at least thirty-five feet outward from each of the T-hangar walls or to a point half-way between adjacent leaseholder. (Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

19.04.290 Vehicular parking.
Vehicular parking sites for employees and customers shall be evaluated on a case-by-case basis, in order to provide adequate parking to meet the public demand. (Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

19.04.300 Debris and hazardous wastes.
Every FBO shall provide for the adequate collection and safe disposal of all trash, waste and other materials, including, but not limited to, used oil, solvents and other wastes. The piling or storage of crates, boxes, barrels and other containers will not be permitted. Storage of hazardous waste materials on the airport shall be prohibited. (Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

19.04.310 Aircraft parking and storage.
Every FBO shall provide paved aircraft parking and storage facilities in connection with the operation. (Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

Part X. Limited Service FBO

19.04.320 Defined.
A limited service FBO provides one or more of the commercial aeronautical services described above. Specific minimum requirements are listed in the sections below. (Ord. 92-24 (part), 1992).

Part XI. Aircraft Airframe, Engine and Accessory Repair and Maintenance

19.04.325 Defined.
All operators of aircraft engine, airframe and accessory repair and maintenance facilities for public hire shall provide:

1. Sufficient hangar space on the airport to store any aircraft being serviced. Such hangar space may be subleased from others provided such hangar space is used exclusively for operator's repair business;
2. Suitable inside and outside storage space, on the airport, including adequate amount of pavement for tie-downs, for aircraft awaiting repair or maintenance or delivery after repair and maintenance lasting more than twenty-four hours duration. Such paved area may be subleased from others provided it is subleased for the operator's exclusive use and is adjacent to the hangar space as herein required;
3. Adequate shop space on the airport to house equipment and machine tools, jacks, lifts and testing equipment to perform 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 power plant mechanic available during eight hours of the day, five days per week;
5. Facilities for washing and cleaning of aircraft if operator engages in said business; and
6. Proof of insurance as described in Section 19.04.190(8), hereinbefore stated. (Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

19.04.330 Compliance required.
The operator must comply with all federal, state and local laws, rules, regulations and building codes as they may apply to the operator's activities. (Ord. 92-24 (part), 1992).

Part XII. Aircraft Sales, Leasing and Rental

19.04.340 Defined.
Aircraft sales, leasing and rental service shall only be conducted by an operator having an agreement with Kittitas County for the commercial activity on the airport listed in this document. Operators conducting an aircraft sale, leasing and rental activity shall provide:

1. Suitable office space on the airport for conducting sales, leasing and/or rentals and the maintaining of proper records in connection therewith;
2. Hangar space on the airport and adequate tie-down area to accommodate aircraft to be used for sales, leasing or rental;
3. For rental and/or leasing, at least one certified airworthy aircraft; Kittitas County shall have the right to require the operator to produce any documentation in the opinion of Kittitas County it deems necessary to document compliance with these regulations set forth under this section of the airport standards;
4. For sales and/or leasing of new aircraft, a sales or distributorship franchise from a recognized aircraft manufacturer of new aircraft and have access to at least one demonstrator model within twenty-four hours;
5. A properly certificated pilot, available for at least eight hours of the working day, who is capable of demonstrating aircraft for sale and/or lease, or for checking out rental aircraft.

(Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

Part XIII. Aircraft Parts Sales and Service

19.04.350 Defined.
Aircraft parts sales and service may only be provided by an operator having a contract agreement with Kittitas County to conduct the activities described in:

1. Aircraft airframe, engine and accessory repair and maintenance; and
2. Aircraft sales, leasing and rental. (Ord. 92-24 (part), 1992).

Part XIV. Aircraft Charter and Taxi Service

19.04.360 Defined.
Operators conducting an aircraft charter/air taxi service shall be required to provide:

1. Passenger lounge, restrooms and telephone facilities on the airport;
2. Adequate amount of leased paved aircraft parking space for loading and unloading of passengers. Such space may be rented or subleased from others with prior approval from Kittitas County; provided such space is for the operator's exclusive use;
3. Adequate table, desk or counter for checking in of passengers, handling ticketing, collecting fares, and handling of luggage;
4. Suitable, certified aircraft with certificated and qualified operating crew available on call within two hours' notice; and
5. In addition to the minimum combined single limit liability coverage as required in the section above, operator shall provide passenger liability insurance coverage of at least one hundred thousand dollars per passenger seat, naming Kittitas County and their elected and appointed officials, agents and employees as additional insureds, and include a certificate of insurance with no less than a thirty-day notice of cancellation to the airport. (Ord. 96-3 (part), 1996: Ord. 92-24 (part), 1992).

Part XV. Public Aircraft Tie-Down Service

19.04.370 Defined.
Use existing tie-down/parking structure. (Ord. 92-24 (part), 1992).

Part XVI. Public Sales of Aviation Fuels and Lubricants

19.04.380 Compliance required.
An applicant/operator desiring to provide public sales of aviation fuels and lubricants must meet the minimum leasing requirements. (Ord. 92-24 (part), 1992).

19.04.390 Minimum lease requirements.
Minimum leasing requirements for public sales of aviation fuels and lubricants shall be no less than the following:

1. The minimum overall dimensions for ground leased shall be 10,000 square feet (approximately 100 feet x 100 feet).
2. The minimum dimensions or requirements of facilities construction shall be as follows:
   
   Fuel storage site - 5,000 square feet (approximately 70 feet x 70 feet).
   
   The fuel storage site shall be within, or contiguous with, the operator's leased premises. (Ord. 92-24 (part), 1992).

19.04.400 Additional requirements.
In addition to meeting the requirements as set forth above, the operator shall provide for the following:

1. At least two grades of aircraft fuels if available from aircraft fuel supplier and a full line of lubricants to serve the public interest;
2. Approved fixed or mobile fuel dispensing equipment to service all types of aircraft normally using the airport;
3. Properly trained line personnel on duty at least eight hours of every calendar day, seven days per week, and on call by readily accessible means at other hours during the day or night, or at such hours as specified by Kittitas County to meet the public need;
4. Minimum fuel storage capacity of 12,000 gallons for each grade of fuel to be sold for aviation uses by the operator;
5. Honor at least one major credit card and the approved fuel supplier's own credit card for purchase of aviation fuels. (Ord. 92-24 (part), 1992).

19.04.410 Safety requirements.
In conducting refueling operations, every operator shall ensure that all safety precautions are taken and shall install and use approved grounding devices, in accordance with all local fire codes and the National Fire Code at fuel storage and dispensing locations to eliminate the hazards of static electricity. Every operator shall provide approved types of fire extinguishers or other approved safety equipment commensurate with the hazard involved in refueling and servicing aircraft. The operator shall comply with all federal, state and local laws, rules and regulations, including the rules and regulations of Kittitas County that may apply to the particular activity conducted, including, but not limited to, requirements of NFPA Standard 407, applicable standards as set forth by the American Petroleum Institute, Department of Transportation requirements and guidelines as set forth in FAA Advisory Circular 150/5230, Aircraft Fuel Storage Handling and Dispensing on Airports, as may be amended. The operator shall be responsible for prohibiting smoking within 100 feet of an aircraft during refueling operations. (Ord. 92-24 (part), 1992).

19.04.420 Fuel storage site.
The operator shall construct a fuel storage site within the operator's leased premises on the airport consisting of a minimum of 5,000 square feet (approximately 70 feet x 70 feet). Such site may be within the operator's leased site. (Ord. 92-24 (part), 1992).

19.04.430 Fuel flowage fees.
Kittitas County requires the payment of fuel flowage fees from general aviation aircraft operators using the airport. Nothing herein shall be construed as waiving the fuel flowage fees to be paid to Kittitas County. The operator's fuel supplier shall have a concession agreement with Kittitas County to deliver fuel onto the airport. (Ord. 92-24 (part), 1992).

19.04.440 Certified meter reading.
All flowage fees shall be based on certifiable fuel flowage meter reading. (Ord. 92-24 (part), 1992).

19.04.450 Waiver of requirements.
Kittitas County, at its sole discretion, may waive any of the requirements if it determines that such waiver shall be in the public interest. (Ord. 9224 (part), 1992).

Part XVII. Avionics Sales and Service

19.04.460 Defined.
All persons providing avionics sales and services shall provide:

1. Suitable inside and outside storage space, on the airport, including a minimum of 10,000 square feet of land with tie-downs, for aircraft awaiting repair or delivery after repair;
2. Properly trained and qualified technicians available and on duty five days a week, eight hours per day; and
3. Capability to repair or replace current state-of-the-art avionics equipment. (Ord. 92-24 (part), 1992).

19.04.470 Minimum space requirement.
Minimum space required above may be leased from Kittitas County or subleased or rented from others on the airport, provided such sublease or rental has been approved by Kittitas County and the subleased or rented space is used exclusively for the operator's avionics business. (Ord. 92-24 (part), 1992).

19.04.480 Restroom facilities.
Restroom facilities shall be available on the premises as required by local code. (Ord. 92-24 (part), 1992).

19.04.490 Waiver of requirements.
Kittitas County, at its sole discretion, may waive any of the requirements if it determines that such waiver shall be in the public interest. (Ord. 9224 (part), 1992).

Part XVIII. Other Aeronautical Services Flight Training and Ground Schools

19.04.500 Flight training requirements.
All operators including flight training activities shall provide:

1. At least one full-time eight hours per day, six days per week properly certificated flight instructor for single engine land airplanes;
2. At least one dual-equipped single engine land 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. Adequate office and classroom space on the airport for at least five students, with restroom and seating facilities;
4. Certificated ground school instructor providing ground school instructions sufficient to enable students to pass the FAA written examinations for private pilot and commercial ratings;
5. Ability to meet certification requirements of the FAA for the flight training proposed;
6. In addition to requirements set forth above, except as herein provided, continuing insurance coverage of at least $100,000 per passenger seat for personal injury or death to any one person, for flight training; $300,000 - property damage; $1,000,000 combined single limit for any single occurrence, naming Kittitas County and their elected and appointed officials, agents and employees as an additional insured; and must provide a certificate of insurance with a ten-day cancellation notification to the airport; and
7. Adequate facilities for storing, parking, servicing and repairing of all its aircraft, including 5,000 square feet of pavement with tiedowns or satisfactory arrangements with other operators' licenses or otherwise permitted by Kittitas County for such services. (Ord. 92-24 (part), 1992).

19.04.510 Ground school requirements.
All operators conducting ground school only training activities shall meet:

1. All provisions set forth under Section 19.04.500 above with the exception of subsections (1), (2), (6) and (7).
2. Continuing insurance coverage is required above. (Ord. 92-24 (part), 1992).

Part XIX. Aerial Applicators

19.04.520 Regulations.
Operators seeking to conduct aerial application of agricultural chemicals shall be required to satisfy Kittitas County that operator shall comply with applicable safety, hazardous materials and environmental regulations and:

1. Arrangements have been provided for the safe storage and containment of hazardous or dangerous chemical materials; poisonous or flammable materials shall be kept or stored securely within the operator's leased or subleased or rented building at the airport;
2. Operator has available, currently certificated aircraft suitably equipped for the agricultural operation;
3. Operator has made arrangements for servicing, repairing, storing and parking of its aircraft with approved safeguard against spillage of toxic material on the airport or pollution or dispersal of chemicals by wind to other areas on the airport; and
4. Operator has minimum public liability insurance as required above to protect the operator and Kittitas County, their elected and appointed agents, officials and employees free and harmless from liability arising in connection with such operations as specified by Kittitas County. Kittitas County shall be named as additional insured to such insurance policy. Kittitas County retains the right to set the specific limits of coverage of such insurance. (Ord. 9224 (part), 1992).

Part XX. Aerial Advertising

19.04.530 Requirements.
All operators conducting aerial advertising, including but not limited to, banner towing, night illuminated signs, photography survey and traffic advisory flights shall be required to satisfy Kittitas County that:

1. Operator has properly certificated aircraft available which has FAA-approved equipment for the operation undertaken; and
2. Operator has minimum public liability insurance as required above to protect the operator and hold Kittitas County, their elected and appointed agents, officials and employees, free and harmless from any liability arising in connection with such operations, as may be set forth specifically in the agreement with Kittitas County. (Ord. 92-24 (part), 1992).

Part XXI. Other Specialized Aeronautical Services

19.04.540 Generally.
Other specialized types of commercial aeronautical services are too varied to reasonably permit the establishment of published minimum standards for each. (Ord. 92-24 (part), 1992).

19.04.550 Minimum standards.
When specific commercial aeronautical services are proposed for conduct at the airport, under the control of Kittitas County which do not fall within the specific categories heretofore enumerated, minimum standards will be developed on an individualized basis, taking into consideration the desires and capability of the applicant and the public demand for such services. In every case where the operator is proposing to use the airport, or is found using the airport for commercial aeronautical activity, whether on a regular or irregular basis, whether based or not based on the airport, such operator must meet the public liability insurance requirement of $1,000,000 to protect the operator and Kittitas County, their elected and appointed agents, officials and employees free and harmless from any liability arising in connection with such operations. The limits of such liability coverage will be set forth in any subsequent agreement with Kittitas County pertinent to the aeronautical services provided by the operator. (Ord. 92-24 (part), 1992).

Part XXII. Self Fueling

19.04.560 Generally.
In compliance with Section 208 (a) of the Federal Aviation Act of 1958, it is clearly not the intent of Kittitas County to impose unreasonable restrictions on owners and operators of aircraft desiring to fuel their own aircraft. It is the policy of Kittitas County to demand assurances that all possible safety precautions are taken concerning fueling operations. In the interest of public safety, convenience and necessity, Kittitas County establishes certain minimum standards for self-fueling operations. (Ord. 92-24 (part), 1992).

19.04.570 Requirements.
Aircraft owners other than FBOs conducting the fueling services on their privately owned aircraft on the airport shall be required to:

1. Provide airport-approved, adequate storage of fuel and oil on the airport, meeting all applicable fire codes, federal, state, and local laws, statutes, ordinances, rules and regulations;
2. Provide suitable and adequate fuel dispensing and fire extinguishing equipment, meeting all local fire codes and national fire code criteria to service aircraft;
3. Provide for the fueling of aircraft only in the areas specifically designated by Kittitas County. Such areas shall consist of at least 5,000 square feet of paved apron on the aircraft owner's leased premises or in a designated self-fueling area.
4. Have an agreement with Kittitas County for such activity, and provide liability insurance of at least $1,000,000 combined single limit per accident for bodily injury or death and property damage, which shall name Kittitas County as an additional insured. (Ord. 92-24 (part), 1992).

19.04.580 Fuel co-op.
More than one owner may organize into a cooperative organization (co-op) for the purpose of providing fuel to individual member's own aircraft. In the interest of safety, preservation of airport facilities, and protection of the public interest, the maximum membership of each cooperative shall be limited to twenty-five persons. Such coop group shall be required to meet all standards set forth above. (Ord. 92-24 (part), 1992).

Part XXIII. Automotive Fuels

19.04.590 Defined.
FAA policy permits use of specified automotive gasolines in certain aircraft engines and aircraft through the issuance of supplemental type certificates (STCs).

1. Noncommercial users of automotive gasolines in aircraft on the airport shall comply with all provisions of this document and shall be exempt from applicable fuel flowage fees provided herein.
2. Automotive gasolines placed in aircraft on the airport shall meet American Society for Testing Materials Specification (ASTM) No. D439, or as amended.
3. Fuel storage equipment used for storing automotive gasolines on the airport for aviation use, shall meet the same standards as required for storage of aviation fuels on the airport.
   1. Storage of fuel in motor vehicles is specifically prohibited.
   2. Users storing automotive fuel for use in aircraft on the airport shall ensure that all possible measures have been taken for maximum safety in conjunction with such activity.
4. Fuel dispensing equipment used for placing automotive gasolines into aircraft on the airport shall meet the same standards as required for dispensing of aviation fuels into aircraft.
   1. Dispensing of fuel from portable containers is specifically prohibited.
   2. Users dispensing fuel for use in aircraft on the airport shall ensure that all possible measures have been taken for maximum safety in conjunction with such activity.
   3. Fueling shall take place in the permitted areas only. (Ord. 92-24 (part), 1992).

Part XXIV. Employees of Operators and Lessees

19.04.600 Generally.
Only bona fide employees of operators holding a contract agreement with Kittitas County for conducting commercial aeronautical services on the airport shall be permitted to perform aeronautical services within an operator's leased or subleased space. (Ord. 92-24 (part), 1992).

19.04.610 Defined.
A bona fide employee is defined as any individual offering services to an operator/lessee or aircraft owner ("employer") on the airport, including service in interstate commerce, performed for wages or under contract calling for the performance of personal services, written or oral, express or implied. Said employee shall be subject to the provisions of RCW Titles 50 and 51 and shall conform to Internal Revenue Service regulations used to establish an individual's status as an employee. (Ord. 92-24 (part), 1992).

19.04.620 Default of operator's agreement.
An individual performing commercial aeronautical services for public hire within an operator's leased or subleased area on the airport who is not a bona fide employee of the commercial aeronautical activities on the airport shall be in violation of the law as referenced above. Any operator permitting other than the operator's bona fide employee or Kittitas County approved sublessee to perform commercial aeronautical services within the operator's leased or subleased premises shall be considered in default of the operator's agreement with Kittitas County. (Ord. 92-24 (part), 1992).

Part XXV. Employees of Aircraft Owners or Operators

19.04.630 Defined.
Consistent with Section 308 (a) of the Federal Aviation Act of 1958, an owner or operator of an aircraft shall be permitted to fuel, wash, repair and otherwise service his own aircraft as long as said services are not offered to others. (Ord. 92-24 (part), 1992).

19.04.640 Owner/operators.
Owners or operators of aircraft shall be permitted to personally perform maintenance on or service their own aircraft as provided by applicable Federal Aviation Regulations. (Ord. 92-24 (part), 1992).

19.04.650 Designated areas.
Maintenance or servicing of aircraft shall be performed only in areas as may be designated by Kittitas County. (Ord. 92-24 (part), 1992).

19.04.660 Self-maintenance.
Aircraft owners or operators may utilize their own employees as defined herein to perform maintenance or service on their aircraft only provided that said employees are qualified to perform such maintenance or service in accordance with applicable Federal Aviation Regulations. Such maintenance or service shall not be offered to others. (Ord. 92-24 (part), 1992).

19.04.670 Proof of employment.
Aircraft owners or operators employing any individuals to perform maintenance or service on their aircraft shall, at Kittitas County's request, provide proper evidence that said individuals are duly employed by said owners or operators for the purpose of conducting said aircraft maintenance or service and are receiving full pay and benefits afforded to all other employees of said aircraft owners or operators as provided in the section above. (Ord. 92-24 (part), 1992).

Part XXVI. Lease of Airport Land and Facilities

19.04.680 Generally.
These guidelines pertain to the leasing of airport land or other airport-owned facilities not otherwise provided for herein. (Ord. 92-24 (part), 1992).

19.04.690 Hangars constructed by FBOs on leased space.
It is the intent of Kittitas County that all land or facility lease agreements be "net" agreements. That is, that total costs for amortizing the investment and maintenance costs be borne by the operator. Hangars may be constructed by FBOs or other operators on their leased space provided that they meet the minimum requirements as set by Kittitas County.

1. Landscaping of facilities shall be required. Each operator will be required to provide a plan for landscaping the leased area and the area must be maintained by the operator in a neat, clean and aesthetically pleasing manner, all as approved by Kittitas County.
2. Ground rent shall be renegotiated every five years, unless otherwise set forth at a shorter term in the agreement. Rent for airport-owned buildings may be subject to annual renegotiation. Such leased areas and buildings shall not be assigned or sublet without prior written approval from Kittitas County. Operator shall continue to demonstrate a need and use for airport-owned facilities in accordance with the airport agreement.
3. All utilities are to be paid directly by the lessee or operator.
4. All building maintenance and repairs, except as may be set forth specifically by written agreement, on county owned or financed facilities is borne by the operator. All building maintenance and repairs on individually owned facilities shall be borne by the owner or operator.
5. All paving shall be permanent and shall be compatible with the design, material and landscaping on the airport.
6. All building construction shall be permanent and fire resistant and shall be compatible with the design and landscaping of other structures on the airport.
7. Detailed plans and specifications of all construction and architectural design shall require the written approval of Kittitas County before any construction takes place.
8. Any improvements, other than new building(s) and fuel tanks, and fuel delivery systems made to the leased premises become the property of Kittitas County upon completion of construction, but must be maintained by the operator.
9. Maintenance of the leased area shall be the responsibility of the operator.
10. Pavements on exclusive leased premises constructed by Kittitas County shall be maintained by the operator.
11. All sublease agreements or assignments must receive prior written approval from Kittitas County.
12. It shall be the lessee's responsibility for control of noxious weeds on the leased premises. (Ord. 92-24 (part), 1992).

Part XXVII. Construction of Hangars by Other Than FBOs

19.04.700 Defined.
Kittitas County recognizes the need for individual commercial hangars that would be constructed by persons other than FBOs. Such buildings will be permitted in specific areas designated by Kittitas County. The following conditions must be met:

1. Facilities must be constructed in accordance with plans and specifications as approved by Kittitas County.
2. The hangar shall be constructed to provide for a minimum of six aircraft bays per hangar, per lessee.
3. Cost of construction and maintenance of taxiway improvements to the site shall be borne by the lessee.
4. Fuel facilities, if installed, will be in accordance with the section on fuel in this document as applicable.
5. The section on lease of airport land and facilities in this document shall apply. (See Section 19.04.680.) (Ord. 92-24 (part), 1992).

Part XXVIII. Construction or Alterations - General

19.04.710 Approval.
All plans and specifications for new construction or alteration shall be approved in writing prior to construction as to architectural conformity, location of building lines, obstruction, clearance, and other specifications that apply to airport standards.

1. Improvements or alterations to the leased buildings or premises, become the property of Kittitas County upon completion, but the operator is responsible for all maintenance costs.
2. Within thirty days of completion of construction or alteration, the lessee shall submit a complete set of "as-built" plans.
3. All buildings and construction shall meet all applicable city and county building and fire codes, FAA, state and city inspection, and any other specific requirements set by Kittitas County.
4. All plans and specifications for construction of utilities, including electrical, telephone, gas lines or regulators, shall require prior written approval of Kittitas County including those constructed by public utilities companies. (Ord. 92-24 (part), 1992).

Part XXIX. Amendment of Standards

19.04.720 Generally.
Kittitas County shall review the Minimum Standards for Commercial Aeronautical Activities at the Kittitas County Airport (Bowers Field) from time to time and shall promulgate revisions or amendments deemed necessary under the circumstances to properly protect the health, safety and interest of the airport and the public. Upon publication of any such amendments, the operators of aeronautical activities authorized hereunder shall be required to conform to such amended standards except as hereinafter provided. Revisions to the minimum standards for Specific Commercial Activities shall not apply to an operator or lessee possessing a valid agreement with Kittitas County which permitted said operator to conduct commercial activities under previously adopted minimum standards. Such operator may continue to conduct said activities under previously approved Minimum standards as long as its agreement remains valid. Any subsequent amendment of an agreement authorizing a change in commercial aeronautical activities must comply with the minimum standards in effect at the time of the approval of said amendment. (Ord. 92-24 (part), 1992).

Part XXX. Notices

19.04.730 Generally.
Notices of intent to amend the standards as established in this chapter shall be sent by first-class mail, to all fixed base operators and others who have agreements with Kittitas County to conduct commercial aeronautical activity in the airport. (Ord. 92-24 (part), 1992).

Part XXXI. Severability

19.04.740 Generally.
In the event that any section or part of a section of the minimum standards be declared void by any court of competent jurisdiction, the remaining sections or parts of sections shall remain in full force and effect. (Ord. 92-24 (part), 1992).