N.Y. Comp. Codes R. & Regs. tit. 21 § 176.8

Current through Register Vol. 46, No. 51, December 18, 2024

Section 176.8 - Lessee and sublessee rules and regulations

(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.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 176.8