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HomeMy WebLinkAbout35-Police Department e e e CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Michael A. BilJdt, Chief of Police Subject: Resolution of the City of San Bernardino authorizing the City Manager to execute a Driver Safety Training Agreement between the City of San Bernardino and Inland Valley Development Agency/San Bernardino International Airport Authority (IVDAlSBIAA), allowing the Police Department to use the San Bernardino International Airport for driver safety training. MICC Date: August 20, 2007 Dept: Police Department Date: July 23, 2007 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. ~~~ MICHAEL A. BILLDT, Chief of Police Contact person: M..rk A r,..rd.. Phone: ~R4_"RQn Supporting data attached: Yes Ward: 1 FUNDING REQUIREMENTS: Amount: None Source: NIA Finance: Council Notes: Agenda Item No. 36'" t /3..0/01 e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report SUBJECT: Resolution of the City of San Bernardino authorizing the City Manager to execute a Driver Safety Training Agreement between the City of San Bernardino and Inland Valley Development Agency/San Bernardino International Airport Authority (IVDAlSBIAA), allowing the Police Department to use the San Bernardino International Airport for driver safety training. BACKGROUND: The Police Department does not have its own driver's training facility. The SBIAA/IVDA has agreed to allow the San Bernardino Police Department to conduct driver safety training on the . airport grounds. The classroom training will be conducted at Fire Station #233, which is located on the airport grounds. The field training will be conducted on the airport grounds, the northwest section, in a non-public parking lot near the former NCO Club. The Police Officers' Standards & Training (POST) Commission requires sworn peace officers, as a part of mandated Perishable Skills Training, to receive four (4) hours of Driver Training every two (2) years. Training will be conducted once a month for 16 officers per class. Further, training will be conducted between September 1, 2007 and December 31, 2012. The Police Department has POST certified Driver Training Instructors trained and prepared to implement driver safety training to meet POST Perishable Skills Training requirements. The Police Department will supply trainers and a safety officer (in accordance with POST safety guidelines), for all training courses on San Bernardino International Airport grounds. This training is certified by POST. FINANCIAL IMPACT: None RECOMMENDATION: Adopt Resolution 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A DRIVER SAFETY TRAINING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCYISAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (IVDAlSBIAA), ALLOWING THE POLICE DEPARTMENT TO USE THE SAN BERNARDINO INTERNATIONAL AIRPORT FOR DRIVER ,SAFETY TRAINING. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The City Manager is hereby authorized to execute on behalf of the City a Driver Safety Training Agreement between the City of San Bernardino and the San Bernardino Intemational Airport AuthoritylInland Valley Development Agency, allowing the Police Department to use the San Bernardino International Airport grounds for driver safety training, a copy of which is attached hereto, marked Attachment A, and incorporated herein by this reference. SECTION 2: The authorization granted hereunder shall expire and be void and of no further effect if the Agreement is not executed by both parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of the resolution. III III III III III III III #3j- J-c2o GJ( 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Approved as to Form: 26 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A DRIVER SAFETY TRAINING AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INLAND VALLEY DEVELOPMENT AGENCY/SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY (IVDAlSBIAA), ALLOWING THE POLICE DEPARTMENT TO USE THE SAN BERNARDINO INTERNATIONAL AIRPORT FOR DRIVER SAFETY TRAINING. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting ,2007, by the following vote, to wit: day of thereof, held on the Absent Abstain Navs Aves Council Members ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON McCAMMACK Rachel G. Clark, City Clerk ,2007. day of The foregoing resolution is hereby approved this Patrick J. Morris, Mayor City of San Bernardino 27 28 J Attachment A DRIVER SAFETY TRAINING AGREEMENT 1. This Driver Safety Training Agreement (Agreement) is between the City of San Bernardino (City), the Inland Valley Development Agency, and the San Bernardino International Airport Authority (IVDA/SBIAA). 2. The IVDA/SBIAA shall grant a revocable license to the City for use of certain airport property, as specifically described in the attached Exhibit A one (I) time per month, at no cost to the City, for driver awareness and safety training. IVDA/SBIAA shall provide access to the grounds where the training will take place during the prescheduled times as required to ensure that all City law enforcement personnel have successfully completed driver training sessions. City will provide a minimum of thirty (30) days advance notice of the dates and times the grounds will be utilized. 3. The term of this Agreement shall commence on August 1,2007, and continue on a monthly basis thereafter. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. City shall provide Driver Training Instructors who shall coordinate with the IVDA/SBIAA to ensure the proper use of airport property. 5. The Driver Training Instructors shall be in complete charge and control of all activities at the driver training site during all training sessions. IVDA/SBIAA shall designate a representative to serve as liaison to the Driver Training Instructors regarding training sessions. A. All participants shall conduct themselves in accordance with Driver Safety Rules and Regulations as detailed in Exhibit B - POST Safety Guidelines. B. Violations of safety rules and regulations may result in immediate termination of privileges. C. Participants shall follow Airport Rules and Regulations as detailed in Exhibit C. 6. City shall supply and bear the cost of all supplies or equipment necessary for training. 7. City agrees to indemnify and hold harmless IVDA/SBIAA, its officers, agents and volunteers from any imd all claims, actions, losses, damages and/or liability resulting from City's negligent acts or omissions arising from the City's performance of its obligations under the Agreement. IVDA/SBIAA agrees to indemnify and hold harmless the City, it's officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from IVDA/SBIAA's negligent acts or omissions arising from the IVDA/SBIAA's performance of its obligations under the Agreement. In the event the City and/or the IVDAlSBIAA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the City and/or IVDAlSBIAA shall indemnify the other to the extent of its comparative fault. 8. The City is a public entity and is legally self-insured under the laws of the State of California. 9. The IVDAlSBIAA maintains insurance through Lexington Insurance Company and Ace Property and Casualty Insurance, respectively. 10. All notices required to be given under this Agreement shall be in writing and delivered to the other party by registered or certified mail, postage prepaid. The addresses of the parties hereto, until further notice, are as follows: Budget Officer City of San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92401-1559 Penny Chua Director of Economic Development & Marketing, Inland Valley Development Agency/San Bernardino International Airport Authority 294 S. Leland Norton Way San Bernardino, CA 92408 II. The City shall limit the use of IVDAlSBlAA's facilities to those personnel permanently assigned to the San Bernardino Police Department. 12. This Agreement represents the full and complete understanding of the parties and supersedes all prior oral and written agreements or understandings between the parties. Any amendment to this Agreement shall be in writing, signed by both parties. City of San Bernardino Inland Valley Development Agency/ San Bernardino International Airport Authority Date: Date: Fred Wilson, City Manager Name Title Approved as to Form: James F. Penman, City Attorney EXHIBIT A San Bernardino Police Department Driver Training Awareness Safety Guidelines It shall be the policy of the San Bernardino Police Department to conduct all training in a manner as to promote an attitude of safety among instructors and students alike. The intent of these guidelines is to promote student and instructor safety awareness and to reduce the potential risk for injuries. I. Staff / Administrative Responsibilities A. The instructors shall be provided with a copy of specific safety guidelines pertaining to their course of instruction prior to the commitment of their class. B. The training staff shall ensure that at least two forms of emergency communication are accessible at the training site, cell phone and radio. C. Instructional staff present at the training site shall be trained in first aid and CPR. D. The training staff shall identify medical facilities and emergency services that are available for subjects to call in the event of an emergency or student injury. E. A first aid kit will be available at the training site. II. Instructor Responsibilities A. Instructors are responsible for conducting safety inspections or otherwise assessing the safety of the equipment and facility used for training. B. Instructors shall incorporate a safety policy into their lesson plans and either orally review the policy with the class or incorporate the written safety policy into the course. C. The instructors shall advise the students of the responsibility to report and/or stop unsafe actions during training. D. The instructors shall follow the course outline as submitted and approved by POST for presentation as a certified training course. E. The. instructors shall display an attitude of safety and professional demeanor at all times. F. The instructors shall be easily identified from among the class participants utilizing a red shirt or vest. The purpose of this is to make instructors easily identifiable to any class participant and to enhance the safety of each class. III. Student Responsibilities A. Students shall immediately identify the course instructor of any known pre- existing medical condition that is likely to be aggravated during training or will affect performance during training. B. Students shall immediately notify the course instructor of any injuries sustained during training. C. Students are responsible for adhering to all safety requirements of individual courses. D. Students share a responsibility for identifying and notifying an instructor of any unsafe condition. IV. Structural Staff to Student Ratio A. There shall be at least one instructor for each 4 students during the skill and technique application V. Response to Injury A. In the event of an injury, the following actions shall be taken as necessary: a. For minor injuries, render first aid as necessary and seek medical treatment from local workers compensation doctor. b. For more serious injuries, obtain appropriate medical assistance. In all cases where a student loses consciousness, an evaluation shall be sought from a competent medical authority. The closest hospital/emergency medical facility is S1. Bernardines Hospital. An alternate facility that may be used is Loma Linda University Medical Center. c. Notify appropriate supervisory personnel in order to complete necessary paperwork and conduct an investigation (if needed). d. Students who sustain an injury that requires treatment by a physician must obtain a medical release before they will be allowed to resume training. I ~ ~ .'!!( EEl ~ i II ~ II ~ !BIT B ....... - 'iW:iNiO. ill ~. ..._.v~-- I -. ......... -. _"1------,- ., -PM. . 1 OJ. . ! I 8558 :.. ! ___________--1-____________ ! if. ... .1 : I .-. ' i i i DRIVER SAFETY TRAINING AGREEMENT 1. This Driver Safety Training Agreement (Agreement) is between the City of San Bernardino (City), the Inland Valley Development Agency, and the San Bernardino International Airport Authority (IVDAlSBIAA). 2. The IVDAlSBIAA shall grant a revocable license to the City for use of certain airport property, as specifically described in the attached Exhibit A one (I) time per month, at no cost to the City, for driver awareness and safety training. IVDAlSBIAA shall provide access to the grounds where the training will take place during the prescheduled times as required to ensure that all City law enforcement personnel have successfully completed driver training sessions. City will provide a minimum of thirty (30) days advance notice of the dates and times the grounds will be utilized. 3. The term of this Agreement shall commence on August 1,2007, and continue on a monthly basis thereafter. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. City shall provide Driver Training Instructors who shall coordinate with the IVDAlSBIAA to ensure the proper use of airport property. 5. The Driver Training Instructors shall be in complete charge and control of all activities at the driver training site during all training sessions. IVDAlSBIAA shall designate a representative to serve as liaison to the Driver Training Instructors regarding training sessIOns. A. All participants shall conduct themselves in accordance with Driver Safety Rules and Regulations as detailed in Exhibit B - POST Safety Guidelines. B. Violations of safety rules and regulations may result in immediate termination of privileges. C. Participants shall follow Airport Rules and Regulations as detailed in Exhibit C. 6. City shall supply and bear the cost of all supplies or equipment necessary for training. 7. City agrees to indemnifY and hold harmless IVDAlSBIAA, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from City's negligent acts or omissions arising from the City's performance of its obligations under the Agreement. IVDAlSBIAA agrees to indemnify and hold harmless the City, it's officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from IVDAlSBIAA's negligent acts or omissions arising from the IVDAlSBIAA's performance of its obligations under the Agreement. In the event the City and/or the IVDAlSBIAA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the City and/or IVDAlSBIAA shall indemnify the other to the extent of its comparative fault. 8. The City is a public entity and is legally self-insured under the laws of the State ofCalifomia. 9. The IVDAlSBIAA maintains insurance through Lexington Insurance Company and Ace Property and Casualty Insurance, respectively. 10. All notices required to be given under this Agreement shall be in writing and delivered to the other party by registered or certified mail, postage prepaid. The addresses of the parties hereto, until further notice, are as follows: Budget Officer City of San Bernardino Police Department P.O. Box 1559 San Bernardino, CA 92401-1559 Penny Chua Director of Economic Development & Marketing, Inland Valley Development Agency/San Bernardino International Airport Authority 294 S. Leland Norton Way San Bernardino, CA 92408 11. The City shall limit the use of IVDAlSBIAA's facilities to those personnel permanently assigned to the San Bernardino Police Department. 12. This Agreement represents the full and complete understanding of the parties and supersedes all prior oral and written agreements or understandings between the parties. Any amendment to this Agreement shall be in writing, signed by both parties. City of San Bernardino Inland Valley Development Agency/ San Bernardino International Airport Authority Date: Date: Fred Wilson, City Manager Name Title Approved as to Form: EXHIBIT A San Bernardino Police Department Driver Training Awareness Safety Guidelines It shall be the policy of the San Bernardino Police Department to conduct all training in a manner as to promote an attitude of safety among instructors and students alike. The intent of these guidelines is to promote student and instructor safety awareness and to reduce the potential risk for injuries. I. Staff / Administrative Responsibilities A. The instructors shall be provided with a copy of specific safety guidelines pertaining to their course of instruction prior to the commitment of their class. B. The training staff shall ensure that at least two forms of emergency communication are accessible at the training site, cell phone and radio. C. Instructional staff present at the training site shall be trained in first aid and CPR. D. The training staff shall identify medical facilities and emergency services that are available for subjects to call in the event of an emergency or student injury. E. A first aid kit will be available at the training site. II. Instructor Responsibilities A. Instructors are responsible for conducting safety inspections or otherwise assessing the safety of the equipment and facility used for training. B. Instructors shall incorporate a safety policy into their lesson plans and either orally review the policy with the class or incorporate the written safety policy into the course. C. The instructors shall advise the students of the responsibility to report and/or stop unsafe actions during training. D. The instructors shall follow the course outline as submitted and approved by POST for presentation as a certified training course. E. The. instructors shall display an attitude of safety and professional demeanor at all times. F. The instructors shall be easily identified from among the class participants utilizing a red shirt or vest. The purpose of this is to make instructors easily identifiable to any class participant and to enhance the safety of each class. III. Student Responsibilities A. Students shall immediately identify the course instructor of any known pre- existing medical condition that is likely to be aggravated during training or will affect performance during training. B. Students shall immediately notify the course instructor of any injuries sustained during training. C. Students are responsible for adhering to all safety requirements of individual courses. D. Students share a responsibility for identifying and notifying an instructor of any unsafe condition. IV. Structural Staff to Student Ratio A. There shall be at least one instructor for each 4 students during the skill and technique application V. Response to Injury A. In the event of an injury, the following actions shall be taken as necessary: a. For minor injuries, render first aid as necessary and seek medical treatment from local workers compensation doctor. b. For more serious injuries, obtain appropriate medical assistance. In all cases where a student loses consciousness, an evaluation shall be sought from a competent medical authority. The closest hospital/emergency medical facility is S1. Bernardines Hospital. An alternate facility that may be used is Loma Linda University Medical Center. c. Notify appropriate supervisory personnel in order to complete necessary paperwork and conduct an investigation (if needed). d. Students who sustain an injury that requires treatment by a physician must obtain a medical release before they will be allowed to resume training. .-. _.~. ~. -- ~. ....,...miIMY1. ill ~, ~y~-'---'-'-'--- i II I II ~ ...$ . ----, I <ll -.:=r.-~ " ". ~ . , ' ~ :\1, -'B ~.~i .- i30Tll r- A i ,QO~UU U.J rnrn[D~ I QI) 13 =[J ~;:I:I:!:a:I:1 1'0 0 0 b 0 I ; I ! I a !" r fl Ufl ~ 0= ' ~o'l Ufl' ~:;:;.o 0 l 0 DO jO 1 ~ D 0 oj = F 0 '= ~ 1= ; . "'..'Dn~ ~I ~ 0 rr'= _~IX".w ~D8nnD8 I!dI :.y,11 _ i -"-,oN.:- . BooB ~ I mmmn.Jm..m....1 II El I' i I ___ 'i l i IBIT B ! I I I I I I I ! i I I I I I I , i "... EXHIBIT C " SAN BERNARDINO INTERNATIONAL AIRPORT SAN BER~ARDINO, CALIFORNIA RULES AND REGULATIONS -, -' San Bernardino International Airport Authority 1994 SA..l"\; BERNARDINO INTER.."1ATIONAL AIRPORT RULES AND REGULATIONS TABLE OF CONTENTS Section Page 101 Definitions 3 102 General 9 103 Motor Vehicles Operating Within the AOA 15 104 Aircraft 22 105 Fire PreventionlProtection and Hazardous Materials 30 106 Airport Fueling and Spill Protection 34 107 Passenger Concourse and Ramp Areas 39 " 108 Airport Tenants 41 - 109 Commercial Ground Transportation 49 -' c1At:l\sbiaa\manuals\rules.doc P:lge 2 December. 1993 SA.." BERNARDINO INTER"ATIONAL AIRPORT RULES AND REGULATIONS 101 DEFINITIONS 101.1 Previous Rules and Regulations These Rules and Regulations supersede and cancel all other previous rules and regulations set forth for the San Bernardino International Airport. 10 1.1.2 The Privileges of using the Airport and its facilities are conditioned on the assumption of full responsibility and risk by the user thereof, and the user sb.a.Jl release, hold hannless, and indemnify the Authority, Board of Airport Commissioners, and officers and employees of the Authority from any liability or loss resulting from such use. Nothing in this Chapter shall be deemed to impose any liability upon the Authority or its Board of Airport Commissioners, or employees, or to create any private rights of action in any person, or to relieve any person using the Airport from any duty or standard of care imposed by law. 101.2 Special Regulations, Notices or Directives Special regulations, notices, memoranda or directives of an operational nature of interest to persons using the Airport or any facilities thereon shall be issued under the authority of these Rules and Regulations. 101.3 Violation of Rules and Regulations Any person who knowingly or willfully violates any rule or regulation prescribed herein or any special regulation, notice, memorandwn or directive issued by the San Bernardino International Airport authorized thereunder, may be removed from or denied entry to the Airport premises. Such persons may be denied the use of the Airport and its facilities if, in the sole judgment of the Executive Director, such denial is warranted.' , 101.4 Terms Defined As used in these Rules and Regulations, the following terms shall have the meaning set forth herein: "Accessible" means, with respect to vehicles and facilities, complying with the accessibility requirements of 49 CFR Parts 37 and 38. dm\sbian.\manu:::L1si!"'.JJ es.doc. P::lgc 3 December. 1993 "Air Operations Area (AOA)" means that area of the Airpor. situated within the pe:imeter fe:Jce line which is used primarily for aircraft parking, taxiing, refueling, landing, departing or other aircraft related activities. "Air Traffic Control Tower (ATCT)" meaos the facility which controls the air and ground movement of aircraft operating on or near the Airport. "Aircraft" means any device that is used or intended to be used for flight. "Airfield" means that area of the Airport situated within the perimeter fence line which is used primarily for the purpose of aviation activities. "Airport" means the San Bernardino International Airport and all improvements and appurtenances contained thereon. . "Airport Control Zone" means controlled airspace which extends upward from the surface of the earth and terminates at the base of the continental control area (14,500 feet MSL) in a circular area with a radius of five statute miles from the geographical center of the Airport and any extensions necessary to include instrument approach and departure paths. ~. "Airport Fire Chief' means the designee(s) of the Executive Director who has responsibility for directing Aircraft Rescue and Fire Fighting (ARFF) activities and for related fire prevention and regulatory control activities. "Executive Director" means the person (or his designated representative) with ultimate authority and responsibility over the operation and management of the San Bernardino International Airport entrusted to him by the Authority. "Airport Operations" means the division having the delegated responsibility for the day-to-day operation and security of the Airport. "Airport Traffic Area" means that airspace within horizontal radius of five statute miles from the geographical center of the Airport, extending from the surface up to, but not including, an altitude of three thousand feet above the elevation of the Airport. "San Bernardino International Airport Authority" (hereinafter referred to as the "Authority") means San Bernardino International Airport Authority or its designated representative, or means the governmental entity established pursuant to state law which has ovmership of and/or jurisdiction over the Airport. dara\sbiaD.\manuals\n.z l~s. doc Po.ge 4 Dec:mber. 1993 "Americans with Disabilities Act of 1990 ("ADA")" me:ms civil ngms legislation which provides a clear and comprehensive national mandate for the elimination of discrimination against individuals ....ith disabilities; sets enforceable standards addressing discrimination against individuals with disabilities; ensures enforcing of those standards; and, invokes the sweep of congressional authority, including the power to enforce the 14th amendment and to regulate commerce, in order to address discrimination against individuals with disabilities. "Auxiliary Aids and Services" means with respect to individuals with disabilities, such aids and services as qualified interpreters, notetakers, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telecommunications devices for the deaf (TDD's), videotext displays, audio recordings, Brailled materials, large print materials, acquisition or modification of equipment or devices, other similar services and actions. , "Baggage Claim Area" means the areas designated specifically for baggage claim by airline passel' zers. '. "Commercial Ground Transportation Operator" means a corporation, company, association, entity or individual holding a Commercial Ground Transportation Permit and corresponding Off-Airport Access Agreement from the Authority to operate one or more commercial ground transportation vehicle on the Airport. ~.:.,,' "Commercial Ground Transportation Vehicle" means a motor vehicle of a type required to be registered with the commissioner of motor vehicles of the State of California which is used or maintained for the transportation of persons for hire, compensation or profit Commercial ground transportation vehicle includes, but is not limited to, all passenger stage corporations, charter party carriers, taxicabs, autos "for hire", Interstate Commerce Commission or the State of California authorized, and courtesy vehicles which transport or offer to tr:lOSport passengers or persons for compensation or profit. "Courtesy Vehicle" means a commercial vehicle operated by or on behalf of a hotel, motel, rent-a-car, travel agency, private parking lot company or similar business which transports passengers to and from the Airport "Crosswalks" means the pedestrian crossing areas. "Disability" means with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. dDm\sbiaa\manunJs\ru ll:s.doc PJ.g.t: 5 December. 1993 "Driver" means an employee, agent or independent contractor of a commercial ground transportation operator who drives or ope:ates a commercial ground transportation vehicle upon the Airport. "Duty Operations Manager" means the designee(s) of the Executive Director who has responsibility for the day-to-day operation of the Airport and who has complete authority over the AirpOrt in the Executive Director's absence. "Fueler" means any tenant holding a lease desiring to store, handle and dispense fuel at the Airport for use in aircraft "Glider" means any heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine; , "Hazardous Materials" means substances defined as such in, inter alia, 40 CFR 261.30 et seq. or materials defined in section 103 of the Hazardous Materials Transportation Act, public law 93-633, Title 1. "Limousine" means a luxury-type, chauffeur-driven co=ercial vehicle holding the proper permit with the co=is.~io.,er ::of motor vehicles of the State of California. " ., -::.-;: "Master Tenant" means a person who holds the master lease of specifically described property within the Airport and who has the final responsibility for the maintenance of saie property and the control of persons and vehicles within the boundaries of said property. "Motor Vehicle" means any self-propelled vehicle licensed to operate on any State or local highway, street or roadway, subject to the provisions of the California State Vehicle and Traffic Law. In all cases, ramp vehicles that are not licensed to operate under State provisions shall be subject to the same limitation and regulations governing the operation of a motor vehicle within the confines of the ADA. (Some exceptions apply) "Movement Area" means the runways, ta.'Ciways and other areas of the Airport which are used for taxiing or hover taxiing, air taxiing, takeoff and landing of aircraft, exclusive of loading ramps and aircraft parking areas. "California State Vehicle and Traffic Law" means the law which governs the operation of all motor vehicles, including ta.'Cis and other vehicles of public conveyance. dOllllsbi..lnuu1uDlsIru I". doc P:J.ge 6 December. 1993 "Noise Abatement Rules and Procedures" me:ms procedures or resmctlons which may be promulgated from time to time by the Authority to control and regulate aircraft engine noise and aircraft operating procedures. "NOTAIV!" me:ms that document titled Notice to Airmen by the Federal Aviation Administration and issued by the .-lillport to advise aircraft operators. "Parking Lot" means the areas designated for public, employee and rental car parking. "Perimeter Fence Line" means the boundary formed by fence, block wall or building which encircles the Airport and separates the AOA from public areas. "Pilot" means a person having a certificate issued by the Federal Aviation Administration which entitles that person fO operate an aircraft. "Ramps" or "Aprons" means those portions of the Airport generally used for aircraft parking or movement within a tenant leasehold or other paved areas under the direction of the Executive Director. \.:... "Resource Conservation and Recovery Act of 1976 ("RCRA")" means an amendment to the Solid Waste Disposal Act of 1965. RCRA and its implementing regulations requires states to develop comprehensive plans for the management of solid wastes; establishes a system for controlling hazardous waste from generation to disposal; and, regulates certain underground storage tanks. "Rotorcraft" means a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors. "Runway" means a defined rectangular area on a land Airport prepared for the landing and takeoff of aircraft along its length. "Safety Hazard" means a circumstance or set of circumstances which constitute a threat to the safety of a reasonable and prudent person, a vehicle or a facility. "Service Road" means that road within the AOA delmeated by white edge and center lines. "Sidewalk" means portions of the Airport specifically used for pedestrian traffic only. These may be areas adjacent to the terminal buildings or pedestrian walkways alongside roadways or within parking lots. "Sterile Concourse" me:ms that portion of the passenger terminal used exclusively for persons that have been screened according to FAt.,. standards. This area may be commonly referred to as a passenger concourse. dlWllsbiaa\manuols\nJ 1 os. doc P:Jge 7 December. 1993 "Stop Sign" means the signs stating "stop" and enforced as stipulated in the California State Vehicle and Traffic Law. "Storage Facilities" means fuel storage facilities which meet applicable guidelines as specified by the Executive Director and/or other regulatory agencies. "Taxicab" means a co=ercial vehicle equipped with a ta:cimeter authorized to operate as a taxicab in accordance with local and State rules, regulations and/or laws. "Ta:riway" means that portion of the Airport dedicated primarily for the ground movement of aircraft to and from the runway. "Tenant" means any person that holds the, lease of specifically described property within the Airport and who has a responsibility for the maintenance of said property and the control of persons and vehicles within the boundaries of said property. This term most generally will be used for areas not specifically held by Master Tenants and is used primarily for terminaI leases. "Terminal" means any building on the Airport which is used primarily for the purpose of passenger acco=odations and related activities. "TRACON" means the terminal radar approach control facility. "Transition" means the roadways connecting the main Airport access road to the terminal from the primary access road. "Ultralight" means any motorized vessel or vehicle weighing less than 254 pounds, having a fuel capacity of no more than five gallons and limited to a ma:cimum speed of 55 knots. dam\sbiaa\manuals\nJles. doc P:lge 8 Dec:mber. 1993 SAc"! BER"iARDINO INTERNATIONAL AIRPORT RULES .",-,'1]) REGULATIONS 102 GENERAL 1 02.1 The safety of persons using the public facilities of the Airport being extremely important, any failure, regardless of magnitude, to abide by the below described Rules and Regulations concerning the safety of personnel while on AiIport property shall constitute a violation of these Rules and Regulations. In the event of any violation the Executive Director shall have the right to suspend or terminate any license agreement, lease, operating agreement or agreement for use of Airport facilities and the party in violation of these Rules and Regulations shall be subject to a fine of up to five hundred dollars ,($500.00) without liability therefore being assumed by the Executive Director, Authority or the Board of Airport Commissioners and not withstanding any cure provisions thereof, in addition to any other rights and remedies which the Al.1thority may have. The Executive Director may delay or restrict any aircraft operation subject to any limitations imposed by State or F ederallaw and in accordance with the following standards: " -) (1) Discretion may only be exercised where there is reason to believe that a person or aircraft will violate or has violated the proprietary rights of the Authority, that a violation of these Rules and Regulations is imminent, or that its exercise is necessary for the protection of the public health, safety or welfare. (2) The Executive Director may issue an order impounding any aircraft until charges for storage, supplies, or services rendered to it by the Authority shall have been paid. (3) Nothing in this Section shall authorize the Executive Director to deny access to the Airport to employees of the Federal Government or to other persons in case of an emergency. 102.2 It shall be understood that the Board of AiIport Commissioners shall make policy decisions and that any and all authority granted to the Executive Director under these Rules and Regulations shall be subject to the approval by the Board. 102.3 All persons shall be governed by the applicable laws of the County of San Bernardino, State of California, and these Rules and Regulations while upon the properties owned and operated by the Authority. These include but are not limited to the California St::lte Vehicle and Traffic Law and jurisdictional are:lS covered by the Municipal Code of the City of San Bernardino. dat:1\sb iaa \m:m u::1ls\ru t ~s. d DC ?J.ge 9 December. 1993 102.4 102.5 102.6 ""\ -../ 102.6.1 A.irpon Master Tenams le:u;ing or controlling exclusive areas shall be responsible for the distribution of these Rules and Regulations to their employees, sub-tenants, contractors, sub-contractors and visitors utilizing their facilities. Master Tenants sha!l be responsible for compliance with AiIpon Security Plan requirements delegated to them for those exclusive areas and shall be held liable for any fines, penalties or other monetaIy assessments imposed upon the AiIport by any agency having jurisdiction with respect to the violation. No person shall utilize Airport facilities for co=ercial or revenue producing activities without the express written permission of the Executive Director and without complying with all applicable State and local laws, rules and ordinances. Fees for commercial purposes shall be paid and appropriate contracts shall be executed with the Authority not less than five (5) working days prior to commencement of activity. ' The term "commercial or revenue producing activities" includes the carrying for hire of passengers, freight, express or mail, the sale of fuel and related products or services, the sale or lease of new or used aircraft, the sale of aircraft parts and supplies, flight or ground schools requiring a fixed base, aircraft repair and maintenance, the sale of food and refreshments, or any other activity for which a written contractual agreement with the Authority is required. A person may se!l his or her personal aircraft without obtaining an operations permit, provided that no person may engage in two (2) such sales within any twelve (12) month period without an operations permit. A person may lease his or her personal aircraft to holders of commercial operations permits without obtaining an operations permit. No person shall hold himself or herself out as a flight instructor or give flight instruction except in compliance with the Min.imum Standards and the fo!lowing requirements: (a) The instructor shall register with Executive Director, demonstrate that he or she has valid and current flight instuctor's cenification frolfl the FAA, and, except for employees of holders of commercial operations permits, enter into an appropriate agreement with the Authority. (b) A!I persons instructing or checking out pilots while flying at the A.irport shall fu!ly inform the pilots of the current voluntary and any future noise abatement procedures in effect at the Airpon and shall be responsible for the conduct of such student pilots under their instruction. cba.\sbiaa\manu:us\roles. doc P:lg~ 10 December, 1993 102.6.2 No person shall hold himself or herself out as an aircraft mechanic or maintain or repair the aircraft of another person for consideration except in compliance with the following requirements: (a) The mechanic shall register with the Executive Director, demonstrate that he or she has a valid and current certification from the FAA, and except for employees or holders of co=ercial operations permits, enter into an appropriate agreement with the Authority. (b) Repairs of aircraft in designated tiedown or storage areas shall be limited to maintenance and repairs that do not impede the flow of ground traffic in the area; interfere with access to aircraft or aircraft movements; or violate Federal, State or local environmental, safety or health regulations. (c) Aircraft parts, tools, or supplies shall not be permitted to accumulate in designated aircraft, parking or storage areas. Persons conducting ~aintenance or repair activities shall be responsible for the prompt clean-up of such areas and removal of any accumulated material. 102.7 No person shall use Airport property or facilities for any act deemed illegal by County, State or federa11aw. 102.8 No person shall solicit money for any purpose whatsoever while upon AiIport properties without prior written consent of the Executive Director. .:.... 102.9 No person shall operate any vehicle(s) for hire on or from the AiIport without a Co=ercial Ground Transportation Permit and corresponding Off-AiIport Access Agreement. The dictates governing co=ercial ground transportation at the AiIport are addressed in Section 109 of these Rules and Regulations. No person operating under the authority of an Off-Airport Access Agreement shall violate the conditions. rules or tenns prescribed by such Agreement Penalty for such violation may range from suspension of privileges to forfeiture of Permit and may include additional penalties as prescribed by County or State law. 102.10 I No person shall post, distribute or display any sign, advertisement, circular, or other printed or written matter upon Airport property without prior permission of the Executive Director. 102.11 No person shall engage in commercial still or motion picture photography, nor make any sound recording for commercial purposes at or on the Airport without express written permission of the Executive Director. -' d:w1\sbiaa\milnuills\rul es. doc P:::tge II December. 1993 102.12 102.13 102.14 102.15 ., i'- ;, ~ 102.16 102.17 No pe:son shall travel on any po:-:ion of the Airport except upon the designated roads, sidewalks or other places provided for the par..icular class of traffic, nor occupy those roads and walks in such a manner that would hinde: or obstruct their proper use. No person shall enter a terminal or other restricted area with a dog or other "nim~J except a guide (seeing-eye) dog, or one properly confined in a suitable container for shipment. Dogs and other domestic animals may be permitted in other public use areas of the Airport if on a leash or confined in such a manner as to be under positive control of the owner or handler. Any person finding a lost article at the Airport who does not surrender such property to the Executive Director or his designated representative may be guilty of a misdemeanor. , No person shall conduct or participate in a parade, march, patrol, demonstration, sit-in or assembly, or distribute pamphlets or other material, carry or display signs or placards, or in any manner whatsoever so as to interfere with the rights of the Airport or its tenants in the conduct of business, or obstruct access to arid use of buildings, grounds, roads, walks, or other facilities located upon Airport properties, without the prior written permission of the Executive Director. Persons desiring to engage in any of the above activities should contact the Executive Director during normal business hours for an application or permit. In some cases, additional permits may be required by the Authority or other government agencies. When appropriate, such permits must be obtained prior to the granting of permission by the Executive Director. No person shall be or become intoxicated or drunk, commit any disorderly, obscene or indecent act, or commit any act of nuisance, nor conduct or engage in any form of gambling on Airport property in violation of any County, State or _ federal law. No person shall dispose of garbage, papers, refuse or other material on the Airport except in the receptacles provided for that purpose, or use a restroom other than in a clean and sanitary manner. No food or drink may be purchased and consumed ...ithin the terminal other than those normally sold by concessionaires operating within the terminal. No person shall expectorate on the floors, walls or other surfaces of any other part of the Airport. cI.=L \sb i a:J \man UOII siru les. doc: PJgl: 12 Dec:mbcr, 1993 102.18 102.19 ~.:.-~ 102.20 102.21 ?'-io pe~son shall use a.."JY male:-ial or dump al1Y wasle on me Ai."or! which will pollule sublerranean wale~ or me waler flOV.IDg into SlOrm drains or sewers. No pe~son shall deslroy, injure, deface or disrurb in any way, any building, sign, equipment, marker, or otl1e~ SlrUcrure, lrees, flowers, lawn or otl1er property on tl1e Airpon; nor alter, make additions to, or erect any building or sign, or make any excavations on tl1e Airport; nor willfully abandon any person.a.l property on the Airpon. No persons, except a Law Enforcement Official, duly authorized Post Office, Airport or air carrier employee, currency transport personnel on duty or members of the Armed Forces of the United States of America, shall carry any weapons, explosives or flammable material on the Airport except cased sporting guns for trans-shipment. Persons having a valid California State Firearms p=it may carry firearms while on duty and visiting tl1e Airport in the performance of their duties. Persons employed by any tenant, sub-tenant, contractor or sub-contractor may carry firearms only if tl1ey possess a valid California Firearms Permit and have been authorized in advance and in writing by the Executive Director to carry such firearms while in the performance oftl1eir duties on Airport propertY. : All persons otl1er than the excepted classes described above shall surrender prohibited objects in tl1eir possession to a law enforcement official currently on duty or other duly autl10rized representatives. No person shall interfere or tamper with any aircraft, or put in motion tl1e engine of such aircraft, or use any aircraft, aircraft parts, inSlrUIDents or tools without tl1e permission of tl1e owner or by specific direction of tl1e Executive Director or his authorized representatives. No person shall enter a restricted area witl10ut express permission from tl1e Executive Director unless specifically exempted from this section as defined. below. Restricted areas shall include but not be lin1ited to the following: 1. Areas within tl1e perin1eter fence line. 2. Airport administrative offices. 3. Utilities and service rooms or areas. 4. Areas posted as restricted. Persons exempted from me above restrictions include: 1. Persons assigned to duty therein by authorized agencies. daIa\sbiaa\m;muo.ls\ru l~s. doc po.: 13 Dec::::nbcr. 1993 102.22 102.23 102.24 ,""-) 1 02.25 102.26 1 0227 1 02.28 102.29 2. Persons authorized by the Authority or its appointed represenratives. 3. Passengers under appropriate supervision entering the ramp area for the purpose of boarding or exiting an aircraft. No person shall loiter on any part of the Airport or in any building on the Airport; nor shall any person use the Airport for any other purpose except traveling through as a passenger, while waiting to board a commercial ground transportation vehicle, or while enplaning or deplaning as a passenger. AIly person or persons wbo shall refuse to comply with these applicable Rules and Regulations after proper request to do so by the Executive Director or his authorized representative shall be considered a trespasser. No person shall make use of or loiter on or near any shop, equipment or facility of any owner or tenant of the Airport without specific permission of the OMler or lessee. Violators shall be deemed trespassers. The Authority shall not assume responsibility or liability for loss, injury or damage to persons or property on the Airport, or while using the facilities of the Airport, by reason of fire, theft, vandalism, wind, flood, earthquake or collision, nor does it assume any liability for injury to persons while on the Airport or using the facilities of the same. No air shows, air meets, aerial demonstrations or other special activities shall be held at or over the Airport without prior written approval by the Executive Director. No person shall smoke in any public building or any areas restricted by "NO SMOKmG" signs. Smoking is strictly prohibited in the AOA. All aircraft owners and operators based at the Airport shall be covered at their own expense by public liability insurance in the amount of $1,000,000 per occurrence, $100,000 per passenger, and with the San Bernardino International Airport Authority named as an additional insured. Pending verification by the FAA and the Authority that ultralight aircraft can operate at the Airport without compromising aviation sci"ery, no person shall oper~te an ultralight or glider aircraft at or from the Airport. No Experimental certification test flights or ground demonstrations shall be conducted on or at the Airport without the prior written permission of the Executive Director. data\sbiu\mOU1u:Lis\ruJes. doc P:>ge 1.. December, 1993 SA. 'Ii BER"iARDINO Th'TER"iATIONAL AIRPORT AL1HORITY RULES ..<\....l\ID REGULATIONS 103 MOTOR VEffiCLES OPERATING WITHIN' THE AOA 103.1 The safe operation of the Airport being of paramount importance, aJlY failure, regardless of magnitude, to abide by the following described Rules and Regulations concerning safe operation of motor vehicles on the Airport runways, taxiways and ramp areas shall constitute a violation of these Rules and Regulations. In the event of any violation, the Executive Director shall have the right to revoke any persons' ADA driving privileges, suspend or terminate any license agreement covering into-plane fueling and ramp services, lease, operating agreement or agreement for use of Airport facilities, without liability therefor and notwithstanding any cure provisions thereof, in addition to aJlY other rights and remedies which the Authority may have. 103.2 All persons operating a motor vehicle within the AOA must have a valid driver's license. Any suspension or revocation thereof will likewise result in the automatic revocation of AOA driving privileges. 103.3 Reserved. '-' 103.4 103.5 103.6 103.7 103.8 Reserved. Motor vehicles are prohibited within the AOA unless specifically authorized to enter by Airport permit or license. Motor vehicles permitted to operate within the ADA are required to have all specified safety items prescribed by the California State Vehicle and Traffic Law. This shall include, but not be limited to, the following: (a) headlights; (b) horn, (c) brakes, (d) rear view mirror, (outside rear view mirror if closed cab vehicle), (e) brake lights and (f) directional signals. Authorized motor vehicles will be allowed to operate on service roads, leaseholds, and the airline tenninal building ramp only, and must conform to the limits stated on the permit Drivers of motor vehicle operating within the ADA must obey the lawful directions of any uniformed officer, Airport representative (upon presentation of credentials) or duly appointed law enforcement official under the statutes of the State ofCalifomia dat:l\sbiaa\m~u:JJ.s\rules. doc Poge IS Oe==mber. 1993 103.9 103.10 103.11 103.12 103.13 103.14 ...;. 103.15 103.16 Drive:s of motor vehicles must obey all lav:fuJ signs. lights or mechanical devices installed for the orderly flow of traffic, unless specifically directed otherwise by persons authorized unde: 103.8 above. Motor vehicles authorized to operate on the airline terminal ramp shall not operate between the terminal and a parked aircraft unless such operation is necessary to complete a function of the airline operating that aircraft. At no time shall any vehicle drive between the aircraft and the building when passenger loading or unloading is in process. On the airline terminal ramp, vehicles shall not be parked so as to become a hazard to any aircraft entering or departing a gate position. Other ramp service equipment shall not maneuver near the aircraft until the aircraft has come to a complete stop. Operators of vehicles designed for ramp service in the terminal areas shall not position equipment or vehicles in such a way as to impede the flow of aircraft traffic into or out of gate positions. Reserved. ALL VEIDCLES MUST YIELlJ THE RIGHT OF WAY TO ALL AIRCRAFT PREPARING TO TAXI, TAXIING, DEPARTING, OR LANDING on any runway, taxiway or ramp area as appropriate. (Note: This is a safety rule and must be adhered to without exception.) AIRCRAFT SHALL ALWAYS HAVE THE RIGHT OF WAY. No vehicle shall pass to the front of an aircraft with its engines running nor behind it tmtil it has safely passed. Vehicles encountering an aircraft in close proximity shall stop, hold position, and shall not proceed or impair the wingtip clearance of the moving aircnft. If an aircraft is in an authorized run-up are:!, the driver should use his best judgment in determining if it is safe to pass the aircraft. Vehicles needing access to the ta"ciways, runways or other areas controlled by the ATCT must be equipped with a radio designed to communicate on the San Bernardino International Airport ground control frequency, and such radio must be in good working order at all times the vehicle is operating in those movement areas, or be escorted by a vehicle with two-way radio communication ....ith the ATCT. Vehicles operating in accordance with section 103.15 must adhere to all regulations, instructions, procedures and advisories of the FAA while under the control of the A TCT. Violation of this section will be cause for termination of driving privileges on the airfield. dat:1 \sbiaa\mOl11 u:Jls \ru I es. doc Poge 16 December. 1993 103.17 .~ 103.18 103.19 103.19.1 103.19.1 Vehides ope:-ating within the AOA must be readily identified by paint scheme, logo, flag or other device as specified in FAA Advisory Circular 150/5210-5B (as amended) unless specifically exempted from this requirement by the Executive Director. a The following vehicles are authorized to operate within the AOA without specific written permission if they meet the requirements as set forth above and in Section (b): Airport Staff, Airport Operations, Aircraft Rescue & Fire Fighting (ARFF), and Airport Maintenance. All other vehicles must have written permission from the Executive Director or his designated representative to operate any vehicle within an area under the control of the ATCT. b. Vehicles operating during the hours of darkness must be capable of displaying an amber or red flashing or rotating light, and must display this light when required to do so under current FAA regulations (i.e. operating in close proximity to aircraft in a terminal area or movement area). Vehicles operating on the service road are not required to have rotating/flashing lights displayed. (Ref. FAA AC 150/5210-5B (as amended)). c. Vehicles co=only known as "tugs" which are used for the purpose of baggage handling, BUT NOT MOVING AIRCRAFT, and are owned by fx;:d base operators, airlines or tenants of the Airport, and operated within their normal ramp areas, are not exempted from the provisions of 103 .17(b) above. d. AIRCRAFT TRACTORS MUST HAVE ROTATING OR FLASlllNG BEACONS. EMERGENCY VEHlCLES Wll..L BE GIVEN THE RIGHT OF WAY DURING AN EMERGENCY RESPONSE. Other vehicles shall proceed only after the driver has determined that it is safe to do so, and he is not entering the path of other emergency vehicles or the emergency area. Vehicles shall hold short of emergency vehicle staging areas. Vehicles operating on the service road shall abide by the speed limits posted and in no event shall be driven in excess of fifteen (15) miles per hour. This section shall not apply to authorized emergency vehicles engaged in performance of their duties and operating under heightened alert status, as described by the San Bernardino International Airport Certification Manual. Reserved. Vehicles operating on tenant leaseholds shall not exceed 15 miles per hour. Ten:mt may establish more strict requirements for vehicles operating on their leasehold than those established by these Rules and Regulations. cbun\sbi0101\m::muals\rules.doc Page 17 Dc:c:mbc:r.1993 103.19.3 103.20 103.21 103.22 103.23 ,-' 103.24 103.25 103.26 103.27 103.28 Vehicies operating in the public use areas, street or roadways, or other author..zed are:l.S, shall abide by all speed limits as posted by the Authority or other local gove=ental agencies. Drivers of motor vehicles operating anywhere within the jurisdiction of the Airport must have in their possession a valid driver's license as required by the California State Vehicle and Traffic Law. Non-employees must conform to provisions of the California State Vehicle and Traffic Law relating to licensing requirements. Motorcycles, motorbikes, three-wheeled motor vehicles, bicycles or scooters are prohibited from operating within the ADA without the express written permission of the Executive Director. No person shall operate a motor vehicle if it is manufactured, equipped, loaded, or towing another vehicle that is manufactured, equipped" or loaded so as to endanger persons or property. Passenger-type vehicles operating within the ADA must be equipped with safety equipment as required by the California State Vehicle and Traffic Law and such equipment must be in good working order. Motor vehicles are prohibited from operating within the ADA if any California State Vehicle and Traffic Law safety item is malfunctioning or missing from such vehicle, or if the driver's view is obstructed in such a way as to be a hazard to the driver or other person(s). Vehicles equipped with windshields must have windshield wipers and such wipers must be in good working condition while operating within the ADA. Vehicles equipped with driver or passenger compartments that are enclosed, with or without doors, must be equipped with turn signal devices and such devices must be in good working condition while operating within the ADA. Motor vehicles operating within the ADA shall operate and display lights from one half hour prior to sunset to one-half hour after sunrise, and at all times when there is not sufficient light to make persons and vehicles discernible at a distance of 500 feet, except when said vehicles are parked in designated areas. All vehicles must have headlights on during any period that windshield 'Wipers are operating. Tractors, trailers and semi-trailers are prohibited from Airport property (not including public areas) unless specifically permitted or licensed to operate thereon,e data\sbiaa \man uals\ru 1:5. d oc P'ge 18 Dcc::mbcr. 1993 103.29 103.30 103.31 . , u -~ 103.32 Tenant-ov,ned equipmem meeting the above speciiications may be ope:ated on that tenant's le:lSehold without specific permission if the tenant has on file with the Executive Director an approved training program for drivers who will be operating such equipment upon the Airport without escort. Tractors, trailers, and semi-trailers allowed on Airport property shall have placed upon the vehicle all lights and reflectors required by the California State Vehicle and Traffic Law and all lights shall be maintained in good working order. Trailers and semi-trailers allowed on Airport property shall be equipped with braking devices that will adequately hold such trailers in the event they become disengaged from the towing vehicle for any reason, intentional or accidental, and such devices shall be capable of holding such vehicle motionless under wind conditions equal to the aircraft propeller or jet blast velocities normally experienced at this Airport. Motor vehicle permits are required for all privately owned vehicles that operate within the ADA. Such permits are issued by the Airport. a. Applications may be obtained at the Airport Operations office during normal business hours Monday through Friday. b. Applications must be fully completed and signed by the master leaseholder or his authorized representative prior to submission to Airport Operations for approval and issuance of permits. c. Motor vehicle permits are classified into different categories as determined by the Executive Director. The issued permit will specify by code the area that is authorized to the holder. d. An "EXENIPT" permit is valid for travel to and from the airline concourse area and/or from point to point on the airfield. Exempt permits are granted only to persons showing an exceptional need. Each Exempt permit will be approved by the Executive Director. Motor vehicle permits shall be displayed in the lower right comer of the front windshield or the lower right comer of the rear window. No other location is permissible and permits must not be covered by any device that will obstruct the view of such permit by the Executive Director or his designated representative. Failure to display such permit shall be cause for citation and/or the removal of the vehicle from Airport property, and the cancellation of any permit issued. Removals shall be at owner's expense. daz:a\sbiu\manuals\rules. doc P:!.ge 19 December. 1993 103.33 103.34 103.35 103.36 103.37 103.38 VehicJes displaying valid permits shall re:nain in the are:l.S so designated by the permit and at no time shall they be operated in the passe:J.ger concourse area v.ithout escort. This section shall not apply to those vehicles who display an "EXEMPT" permit Vehicles in violation of this section may be cited or cited and removed from the AO.I>., and said violation shall be cause for rescinding the permit privileges andlor Airport drivers license. All non-escorted motor vehicles operating within the AOA must display a logo or sign which identifies the organization which operates the vehicle. Logos or signs must be of a contrasting color scheme, placed on both sides of the vehicle, and must be identifiable at a distance of not less than 100 feet Motor vehicle operators who have permission to operate a motor vehicle within the confines of the Airport, and who also have the required permit, are required to secure any gate of entry or exit iInmediately after proceeding through such gate. F allure to secure the gate shall be deemed cause to rescind permit and access to the airfield area. Civil penalties may also be imposed. This is also a Federal Aviation Administration security violatioD and may be cited by the Executive Director or his designated representative or members of the FAA Security Office. Master Tenants shall have the responsibility for safe conduct of all vehicles within the confines of their leaseholds and shall provide escort for all vehicles Dot displaying a logo or not having met the requirements to operate within the AOA. a. All vehicles requiring escort must be escorted from entry point to destination point and from destination point to exit point by an authorized representative of the Executive Director or by a qualified tenant escort who has obtained prior permission of the Executive Director to make such escorts. b. Airport Operations personnel will determine the qualifications of tenant escortS in each case. Vehicles may be parked in assigned "tie-down" spots only if proper proof of insurance is on file with the Executive Director and such activity is approved by the Master Tenant, and an Airport permit is displayed in a plainly visible manner in the proper locations on any such vehicle. Vehicles operating within the AOA are prohibited from parking, standing, or stopping in areas other than those specifically marked for such conditions or when engaged in operations that require stopping, standing or parking for safety purposes. dam\sbiaa\manuals\rules. doc PJ.ge 20 Dec::mbcr. 1993 103.39 1 03 .40 103.41 103.42 103.43 ~ ~' 103.44 103.45 No person may abandon any vehicle upon Airpor: propeT!)'. Vehicles found to be inoperative, unlicensed to operate under the California Vehicle and T rafiic Law or otherwise reasonably found to be abandoned will be impounded at owner's expense; notification of such impound shall be made to the appropriate law enforcement officials in accordance with Authority regulations. Operators may not leave a vehicle unattended for any reason in an area not specifically designated for parking unless the Executive Director or his authorized representative is notified immediately. The operator must give the location, duration, and reason for leaving the vehicle unattended. Violation of section 103.40 shall result in the suspension of driving privileges upon Airport property and the impounding of the abandoned vehicle at owner's expense. No operator shall exit or leave unattended any vehicle within the ADA that has its engine running or, if so equipped, that does not have the transmission placed in park and have the parking brake engaged. Any person operating a motor vehicle within the jurisdiction of the Airport who is a party to a vehicular accident in which ll.....v injury or property damage results, shall immediately notify or cause to be notified the Executive Director or his authorized representative. No person under the influence of intoxicants, intoxicating liquor or controlled substances, shall operate any vehicle or aircraft upon any Airport property. No more than four (4) trailers, loaded or empty, shall be pulled by any tug or tractor in and around any Airport building, or in any other area on the Airport Tugs/tractors with trailers in tow shall not exceed a five (5) mile per hour speed. daa\sbiaa\m:1l1u31s\ruJes.doc P~ge 21 Dec:mbc:r. 1993 SA.." BER"iARDINO :r--iTER"iATIONAL A1RPORT RULES .~"m REGuLATIONS 104 AlRCR-U'T 104.1 Safety being of paramount importance to the welfare of the public using the facilities of the Airport, the following Rules and Regulations pertaining to the operation of aircraft (as defined below) shall be enforced under applicable sections of the Federal Aviation Administration and other appropriate gove=ent rules and regulations. 104.2 Reserved 104.3 All aircraft in flight within five statue miles of the geographic center of the airport or in motion within a specified aircraft movement area on the Airport, or parked or stopped on the runways, ta:'tiways, aprons or ramps of the Airport shall be governed by the applicable FAA rules and regulations and the Airport Rules and Regulations as stated herein. Said FAA rules and regulations are hereby adopted by reference and made a part hereof. 104.4 104.5 104.6 104.7 104.8 Operators of aircraft shall follow the appropriate taxiway gujdance lines when operating on the Airport and shall not operate in areas posted closed or for the exclusive use of motor vehicles.. This section shall not prohibit an operator from crossing a roadway enroute to or from an approved parking area. Airport officials may prohibit aircraft landing or takeoff at any time and under any circumstances when it is deemed that such landings or takeoffs are likely to endanger persons or property. A declared emergency landing shall be the only exception to this section and will be investigated by appropriate agencies. The Executive Director or his designated representatives have the authority to issue NOTAM's for conditions that prevail at the Airport, and such NOTAM's may close or open any or all portions of the Airport at any time it is determined that the safety of the Airport or its users is affected. Pilots shall operate aircraft in a safe and prudent manner at all times while within the perimeter of the Airport. No aircraft shall be operated on the surface of any landing area, aircraft apron area, passenger area, parking or storage area, or refueling area, in a careless or negligent manner, or in disregard of the rights and safety of others. No pilot shall operate an aircraft at a speed or in a manner which unreasonably endangers persons or property. data \sb i aa \man uals\ru I es. d DC Page 11 December. J 993 104.9 104.10 104.11 104.12 104.13 104.14 ; ~--' 104.15 104.16 No pilot shall operate an aircraft while under the influence of Intoxicating liquor or controlled substance or in violation ofF.'\..<\ rules regarding same. No pilot shall operate any aircra..ft constructed, equipped, or loaded, as to endanger or be likely to endanger persons or property. No pilot shall land, taxi, or takeoff without a clearance from ,when in service the ATCT. No person shall park an aircraft or leave an aircraft standing on a landing area, aircraft apron area, passenger area, aircraft parking or storage area, or operational area of any Airport tenant, except at such places as may be prescribed or permitted by the Executive Director. No person shall leave any aircraft parked without adequate provisions to ensure that the aircraft shall remain stationary. Such provisions may include but not limited to tie-down ropes or chains, wheel blocks, or other such devices that have been approved for use by the Executive Director. No operator or pilot shall leave a disabled aircraft upon a runway or taxiway longer than is reasonable and prudent given existing circumstances, and shall have the aircraft removed as quickly as equipment may be acquired to make such removal. NOTE: In the case of an accident, DO aircraft may be moved until appropriate Federal officials have given permission for the removal, and such permission is verified by the Executive Director or his authorized representative on the scene. No operator shall disregard a lawful demand by the Airport Manager or his designated representative to remove a disabled aircraft from a runway immediately when such removal is pertinent to the safe operation of the Airport. Failure to comply shall immediately empower the Executive Director to take whatever steps are necessary to ensure the safety of the public and other aircraft concerned. No aircraft engIne shall be started or operated in violation of any of the following subsections: a. No aircraft engines may be operated within a hangar, or ....ithin 50 feet of such hangar, or so close to the h:mgar that a hazard to persons or property exists due to prop wash, jet blast or exhaust fumes. Page 23 De;:::::nber. 1993 data. \sb j ila \man ucls \ru I e5. d oc b. No engine may be ope:-aled until proper clearance is given by ground personnel, when the A TeT is operational, and until all standard safety procedures have been met. c. No engine may be started or run unless a licensed pilot or licensed mechanic is in the aircraft attending the engine controls. d. Unless adequate parking brakes are applied, no engine shall be started without blocks being placed in front of the wheels. e. No engine may be started unless there are fire extinguishers provided in the proximity as stipulated by the requirements of the Airport Fire Department. 104.17 Aircraft engine run-ups are prohibited in all areas not specifically approved by the Executive Director or his designated representative. Such areas may be changed from time to time by the Executive Director and notice given to the ATCT for informational purposes. Operators are advised that current procedures in effect should be verified by calling the Executive Director or his designated representative prior to run-up. a. No person shall operate the engine or engines of any aircraft at any location on the Airport in such a manner as to cause damage to other aircraft or property, or to blow paper, dirt, or other material across ta.xiways or runways so as to create a hazard to the operation of the Airport i .~..J b. Power run-up of turbojet aircraft must be approved by and coordinated by Airport Operations and, when operational, the ATCT. c. Turbojet engines shall not be operated in such a manner that will endanger hangars, shops, offices, buildings, persons, equipment or other aircraft, or when such operation will create a hazard with respect to jet blast. d. The run-up of mounted aircraft engines for maintenance or test purposes is restricted berween the hours 2300 - 0600. All requests for engine run-ups during the hours of 2300-0600 shall be directed to the Executive Director's representative and receive authorization prior to any engine run-up operations. Emergency requests shall be directed to .-'\irport Operations for approval. dmlsbiulm:lnualslnlles. d oc P:lge 24 December. 1993 104.18 -. 104.19 104.20 '. -. 104.21 104.22 No p:~son or firm shall repair an aircraft, airc~ engine. propelle~ or other aeronautical equipment or apparatus, nor employ a certified mechanic or other mechanic in any area of the llirport other than that specifically designated for such purposes by the Executive Director unless exempted in the following subsections. a. Minor adjustments may be made while the airc~ is on a loading. ramp preparatory to depanure. b. Emergency repairs may be made to an aircraft that is located in an area not immediately posing a hazard to other aircraft movements providing such repairs are made only to enable the aircraft to be moved to an approved service location. No person or company shall deliver fuel into or off-load fuel from any aircraft unless licensed to do so by the Executive Director and other appropriate agencies. Such vendors shall be regulated by these Rules and Regulations as set forth in Section 106, existing fire codes, and such other rules as deemed necessary by local, state, or federal agencies. No experimental flight or grouod demonstrations shall be conducted on or over the Airport without the express approval of the Executive Director. This section shall be deemed to include all unusual operations not normally a part of the day- to-day activities of the Airport No air shows, air meets, aerial demonstrations or other special activities shall be held at or over the Airport without prior written approval by the Executive Director. Touch and go operations (landings) are prohibited unless they meet all the following: a No interference with other aircraft in the vicinity of the Airport b. ATCT permission, when operating, has been granted by telephone or radio prior to commencement of the operations. c. No NOTAM's are in effect which adversely affect the operational status of the runway. No person shall operate any aircraft for commercial purposes unless an appropriate agreement has been executed with the Executive Director. The Executive Director shall have the right to determine the class of operation and fees charged for such operation \.vithout reservation or appeal. Commercial opemtions are defined as follows: d:Im\sbiu\manuals\rules.doc ?Olge ::!s Decembe:-. 1993 104.23 104.24 '~. 104.25 104.26 104.27 104.28 104.29 a. To carry passenge:s for hire. b. For rental, hire or chaner. c. Student instruction and related services. d. Any other operation for which a fee is charged by the operator for services rendered using an aircraft and utilizing the facilities of the Airport. No person shall park on the Airport any aircraft not equipped with a nose wheel or tail wheel and wheel brakes adequate to hold such aircraft from movement when winds of 25 knots are experienced unless such aircraft is tied down in a manner to prevent its movement during such winds. No person shall operate any aircraft without a nose wheel or tail wheel and wheel brakes unless approved by the Executive Director or his designated representative. Vv'hen operating such aircraft, and after approval has been obtained, the pilot shall not taxi such aircraft near buildings or parked aircraft unless an attendant is at the wing of the aircraft to assist the p:l::. ,'2 ~,ui'. ;:.ot meeting these limits shall be towed if movement is required. No aircraft based at, or using the Airport shall operate without a properly functioning two-way radio, which is capable of transmitting to and receiving communications from the ATCT within a five-mile radius of the Airport. In an emergency, the A rCT will control the landing of the aircraft by lights. In no event shall any pilot attempt to depart the Airport without an operating radio unless prior approval and instructions have been issued by the A rCT in person or by telephone. No person shall ta'ti an aircraft until it is ascertained that there will be no danger of collision with any person or obj ect in the immediate vicinity by visual inspection of the area. , No aircraft shall be operated in a careless or reckless manner, which is defmed as that manner in which a reasonable and prudent person would operate such aircraft under the same circumstances prevailing at the time. This section shall include aircraft that ta.'Ci at an unsafe speed. No aircraft shall be ta'(ied across any ta'(iway or runway until cleared to do so by the A TCT, when operating. No aircraft shall be ta'(ied into or out of a hangar. dDl:l\sbiaa\manu<1Js\rules. doc PJge ~6 December. 1993 104.30 104.31 104.32 104.33 104.34 104.35 104.36 . , '-~ 104.37 No aircraft shaH disregard the established traffic panems when landing or depaning the ..o.irpon unless specifically authorized to do so by the ATCT, when operating. No simulated forced landings shall be performed on the .tUrpon unless approved by the ATCT, when operating. Reserved. Helicopters (rotorcraft) shall not operate within 200 feet of any area where light aircraft are operating or parked without tie-down devices. Nor shall any helicopter (rotorcraft) perform any hovering type maneuver, other than normal take-off and landing procedures, without the approval of the ATCT. Formation takeoffs or landings are PROHIBITED. Reserved. Operators of aircraft (particularly jet aircraft) shall apply all reasonable noise abatement procedures and techniques, and shall comply with noise abatement rules or policies as shall be promulgated from time to time by the Authority or other authorized agency. No operator, registered owner, pilot, mechanic or other person may store, park or abandon any disabled or derelict aircraft or parts thereof upon any Airport property, tenant leasehold or other area unless express written permission is obtained from the Executive Director prior to such placement of aircraft or parts. a. It shall be the sole responsibility of the operator, pilot or owner of such aircraft to remove same from the Airport and shall be removed upon demand, and at the owner's or operator's expense. b. In the event that such aircraft must be removed by the Executive Director either by the refusal of or failure to act by the owner/operator, the aircraft or parts thereof may be impounded by the Executive Director and stored at owner/operator expense. The cost of such removal and storage shall be a charge against the owner or operatot of the aircraft, and shall be paid prior to the release of the aircraft or other items. c. The Executive Director shall have the right to demand immediate removal of specific items if a hazard is created by reason of the presence of such aircraft or parts at such place, and may invoke sub-section (b) if the O"'11er or operator cannot be reached within a re:lSonable period oftime. cI.a.Jn\sbiu\manuals\rules.doc Page 27 December. 1993 104.38 104.39 104 AD \ , -" 104.41 1 04.42 104.43 104.44 ?~"lY pilot, ope:-:ltor or pe,son who eve, by reason of any type ac:ide:u, c:-ash, fire, malfunction of operation, or otherwise damages :\irpon propeny including but not limited to, light fixtures and lights, buildings or other assets, shall be responsible to the Executive Director for such damages, and the amount thereof shall be paid within 30 days or such reasonable time as is approved by the Executive Director. Any person, pilot, or operator damaging any Airport propeny as a result of operating an aircraft or other motorized equipment shall report such damage immediately to Airport Operations. Failure to do so shall constitute grounds for the Executive Director to prohibit further use of any Airport facility including runways and taxiways in addition to other cures available under local or state law. A written report explaining the circumstances surrounding the incident shall be ~led with the Executive Director within ten (10) days of the incident. Any person, pilot, operator or owner, who, requires security or police at the location of an aircraft on the Airport due to the condition, kind, type or mission of such aircraft, shall obtain permission of the Airport Manager or his authorized representative prior to placement of such personnel, and shall bear the cost of such protection solely at his own expense. 'This section shall not be interpreted or used as a means to hinder or delay the removal of aircraft at the direction of the Executive Director or in compliance with section 104.38 of these Rules and Regulations. No person shall operate as a flight instructor at the Airport without prior approval of the Master Tenant or the Executive Director. No person operating as a licensed flight instructor shall observe any student pilot performance from any location not approved for that purpose by the Executive Director. The Executive Director., his representatives, agents, contract employees or others under the direct supervision of the Executive Director shall be held hannless, and shall not be liable for loss, loss of use, damage or injury to persons or property ~sing out of any accident, incident or mishap of any nature whatsoever or from any cause whatsoever, to any individual, aircraft or property occurring on or from the Airport, or in the use of any facility situated on Airpon property. Master Tenants and tenants shall indemnify and hold harmless the Authority and Executive Director for any risks or occurrences which may take place upon their le:lSeholds. Ultralight aircraft operations on the Airpon are prohibited. data\sbiaa\mlUluals\nJlcs.doc P~g: :!8 December, 1993 104.45 No helicopter pilot shall land in any location not designated as a landing area. Helicopters shal1land on a runway Dr other landing area as directed by the ATCT and air taxi to the parking spot using extreme caution. 104.46 General aviation aircraft shall not enplane/deplane passengers on the terminal apron. d:lmlsbilllllmllllualslrulcs.doc P~ge 29 Deeember. 1993 105 105.1 105.2 105.3 105.4 . 105.5 105.6 SA.:'>; BER"iARDl.:"iO INTER"iATlO!'iAL AIRPORT RULES A,~'D REGULATIONS FIRE PREVENTlONIPROTECTION .4.... ~'D HAZARDOUS MATERIALS No person, firm or corporation shall keep, store, use or maintain any lubricating oils, fuels or other chemical substances in or about the hangars, shops, garages or other buildings and facilities on the Airport except in full compliance with applicable federal, state and local laws, rules and regulations as now exist and as are amended and promulgated from time to time. Each person, firm or corporation and its and their respective agents, contractors and suppliers, are solely responsible for ensuring that its and their officers and employees are at all times fully knowledgeable with and comply with all such laws, rules and regulations. All fines, penalties, assessments, charges, consequential damages, costs and expenses attendant to noncompliance are and at all times shall be the sole responsibility of the party found in violation of any federal, state or local laws, rules and/or regulations. Such penalties, assessments, charges, costs and expenses shall not be reimbursed by the Airport, offset tenant's rental obligations, offset user fees, or form the basis for future rental adjustments, concessions or discounts. No person shall conduct any open flame operation in any hangar, shop, building, room or other place under such circumstances as mayor be likely to endanger persons or property or in violation of any federal, state or local laws, rules and regulations. No person shall store or stock material in such a manner or of such a nature as to constitute a fire hazard or in violation of any federal, state and local laws, rules and regulations. Equipment and stock shall not be positioned in a m:lllIler so as to block aisles, walkways, exits or entries to any buildings or storage areas. Tarpaulins for protection of storage shall be of approved flameproofed fabric. No person shall keep or store bulk lubricating oils or any hazardous material in open containers in or about hangars, shops, garages or other buildings. All containers stored in compliance with applicable laws must also be labeled in accordance with those same laws, rules and regulations. All persons, firms and corporations and its and their employees, agents, contractors and suppliers shall at all times manage, store, transport and dispose of hazardous wastes in such manner as is fully compliant with all applicable federal, state and local laws, rules and regulations. d=\sbi:1:l\m:muals\rul es. doc Pogo 30 Dec:mbc:r, t 993 105.6.1 105.6.2 ';;" 105.7 105.8 105.9 H<lZardous wastes are substances described iIl. inte: ajja .:!o CFR 261.30 et seq. Congress defines hazardous waste in Section I 004( 5) of the Resource Conservation and Recovery Act (RCR.o\) as a solid waste. or combination of solid wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may: a cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness; or b. pose a substantial present or potential hazard to human health or the environment when improperly treated, Slored, transported or disposed of, or otherwise managed. Each person, firm and corporation is solely responsible for educating and training its and their respective employees, agents, contractors and suppliers on the subject of hazardous waste management, handling, documentation, disposal and removal, etc. All iines,: penalties, assessments, charges, costs and expenses and consequential damages attendant to non-compliance are and at all times shall be the sole responsibility of the party or parties found in violation of applicable federal, state or local laws, rules and regularians and shall not become or form the basis of any reimbursement by the Airport, or any rental abatement, reductions, concessions or fee adjustments. No person shall smoke in any hangar, shop or other building where it is dangerous to do so or where it is specifically prohibited by the Executive Director. Areas restricted by "NO SMOKING" signs are to be strictly observed. No person shall use volatile or flammable substances for cleaning purposes in the hangars, shops or other buildings unless such cleaning operations are conducted in open air or in a room specifically set aside for that purpose, which room shall be properly ventilated, fireproofed and equipped with adequate and readily accessible fire extinguishers and that compliance is maintained with all applicable laws, rules and regulations governing the storage, handling, use and disposal of such substances or h=dous materials. All lessees shall keep the floors and other work are:lS of hangars, shops, hangar aprons and adjacent areas leased by them free and clear of oil, grease, fuel, waste, rubbish and other flammable or hazardous materials. Absorbent materials shall be provided and used on grease or oil spills on the floors of hangars or shops, and the floor shall then be thoroughly cle:med. d:Im\sbiaol\manu:us\ruJes. doc P:lge 31 December. 1993 105.10 105.11 105.12 105.13 105.14 105.15 .A.ny process in which highly combustible material is used (e.g. doping or spray painting) shall be conducted only in designated and propdy designed and ventiiated rooms or buildings, which type of buildings shall, at the tenant's expense, conform to federal, state and local ordinances covering such operations. All illwninatioD, wiring, heating, ventilating equipment, switches, outlets and fL-aures shall be spark proof and vapor proof. No person shall enter or work in such an area while such processes are being conducted unless such person wears spark-proof shoes and clothing and other required personal protective equipment. Extension lights and all portable and mobile lighting equipment used in and around aircraft hangars, shops, building and other areas in or near combustible material shall be explosion-proof and approved by Undernnters Laboratories. Power cables and cords on portable electric equipment shall be of heavy armored rubber or similar mateJ;ial, and the cables shall be so constructed as to provide automatic grounding of the equipment through integral conductors. Each tenant shall provide adequate and readily accessible fIre extinguishers in proper working order. Each fire extinguisher shall carry a suitable tag showing date of most recent inspection. Each fire extinguisher shall display its intended usage as required by applicable occupational safety and health standards. Instruction and training of all employees in uses and limitations of extinguish~rs shall be conducted. Workmen employed by outside contractors shall be closely supervised and shall strictly comply with applicable fire and safety regulations. The use of sparking electrical equipment in the vicinity of flammable vapors or liquids is expressly prohibited. No welding or cutting operations shall be pennined by outside contractors without the approval of the Executive Director and the assignment of a fIre watch if the contractor does not do so. In the event an inspection by a representative of any Airport or fire prevention authorities of any facility, building, structure, equipment or vehicle on the Airport reveals a h=dous condition, the person responsible for the site of such condition shall immediately correct such condition upon notice thereof. Aircraft shall be grounded to proper grounding plugs when undergoing repair, maintenance or modifIcation within hangars. d=.\sbi:la\manlJ:lls\rul~s.,joc P~ge J:2 Decemb~r. 1993 ".. I V 105.16 Only trained and qualified electricians shall be permined to install and maintain electrical equipment and facilities which shall be regularly inspected to correct any hazards resulting from operational use. Temporary or makeshift wiring other than extension lights shall be prohibited in hangars and other buildings. Explosion-proof and vapor-tight equipment shall be regularly maintained to comply with safety standards. Elecrrical installation of semi-permanent or permanent nature shall be approved by the Airport Manager or his authorized representative. dam\sbiaa\mlU1uals\rules.doc P:1geJ3 Decembo:r. 1993 106 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.7.1 106.7.2 SA:" BERNARDINO I1'iTER."'.UIONAL A...IRPORT RULES A...~1> REGULA nONS AIRPORT FUELING A.l'ID SPILL PROTECTION Tenants wishing to store, handle, and dispense aircraft fuel at the Airport ("fuelers") must obtain the approval of the Executive Director and all county, state, and federal authorities before commencing such fueling operations at the Airport. The collective approval of these authorities shall result in the granting of permission by the Executive Director to conduct fueling operations. Fuelers must meet and comply with all applicable federal, state, and local laws in regard to the storage, handling and <;lispensing of aircraft fuel at the Airport. All state and federal environmental laws and regulations must be adhered to strictly, including, but not limited to, the Resource Conservation and Recovery Act and the applicable regulations and standards promulgated by the Environmental Protection Agency, and other applicable state agencies. The Executive Director or his designated representative shall inspect the physical facilities of each Airport tenant having fueling privileges at least once every three months for the pwposes of performing reasonable surveillance of all fueling activities on the Airport with respect to FAA standards and a record of those inspections shall be retained for at least 12 months. The tenant shall take corrective action immediately for any deficiencies note. Reserved. As a minimum requirement for all fueling operations, fuelers must meet applicable guidelines of the National Fire Protection Association (NFP A), the American Society of Testing Materials (ASTM) and the American Petroleum Institute (API). As more specifically provided hereinafter, fuelers must comply with applicable FAA guidelines as amended and contained in the following documents which are iocorporated herein by this reference: FAA Advisory Circulars 150/5230-4, \VP0430i, 20-43C and 150/52303. STOR..\GE FACILITIES Aviation fuels must be stored in fuel storage tanks constructed and maintained in compliance 'With the standards referred to in paragraphs 106.2 and 106.5 above. Fuel storage tanks must have a minimum fuel capacity of 10,000 gallons. dAta\sbia:1\m:muals\r'oJics. doc PJ.ge 34 De=~:T1bei. t 993 106.7.3 106.7.4 106.7.5 106.8 106.8.1 -. ..~. 106.8.2 106.8.3 106.8.4 106.8.5 Fue!e:-s shall inspect fuel storage tanks, facilities, and equipment in the manner provided in the guidelines referenced in paragraphs 106.1 and 106.5 above. In addition, fuelers shall perform monthly leakage tests on their storage tanks and fueling pipelines. All fuel storage tanks and vehicles which contain fuel should be identified as to the type of fuel and fuel octane when applicable. Fuelers authorized to receive, store, and dispense aircraft fuels shall have adequate procedures for sampling and testing of fuels. All tests and test schedules shall be performed in the manner provided in the guidelines referenced in paragraphs 106.2 and 106.5 above. Test results must be retained for one year. Ground rods are required at authorized fueling locations. Fuelers are required to test the grounds on their ramp areas in the manner provided in the guidelines referenced in paragraphs 1 06.2 and 1 06.5 above and such tests must be conducted at least armually. Test results must be given in writing to the Executive Director. AIRCR-'\FT FUELING/DEFUELING REQUIREMENTS All fuelingldefueling equipment utilized by fuelers and the operation thereof by employees of fuelers shall be in compliance with the guidelines referenced in paragraphs 106.2 and 106.5 above. Aircraft fuelingldefueling equipment shall be operated only by a person holding a valid California State driver's license of the appropriate class who has had instruction in the safe and proper use of such equipment. Fuelers shall be required to document that each employee operating aircraft fuelingldefueling equipment has been properly trained and is fully qualified to operate such equipment. At least one supervisor with each fueler shall have completed an aviation fuel training course in fire safety which is acceptable to the FAA All other employees who fuel aircraft, accept fuel shipments, or otherwise handle fuel shall receive at least on-the-job training in fire safety from the supervisor trained in accordance with this part. , Documentation of the training and qualifications of employees shall be retained by each fue!er and shall be provided in writing to the Executive Director on a ye:iIly basis verifying that the training required by 106.8.3 has been accomplished. Aircr:!ft fuelingldefueling equipment shall be maintained both mechanically and cosmetically in good repair at all times. d:lU\sbiaa\m:lJ1u:J.Is\rulcs. doc PJgt: 35 December, 1993 106.8.6 106.8.7 106.8.8 106.8.9 106.8.10 106.8.11 ..-:... 106.8.12 106.8.1 3 106.8.14 106.8.15 106.8.16 Fuelers shall inspect aircraft fuelingldefueling equipment before, during and after each fuelingidefueling of an aircraft. Inspection shall include a check for leaks in tanks, hoses and connections, and a visual inspection of grounding and bonding hooks and wires for kinks or fraying. Unsafe equipment shall be placed out of service immediately. Aircraft fuelingldefueling vehicles shall be provided with a minimum of two (2) V.L. listed, 20-BC rated, fire extinguishers. Fire extinguishers shall be mounted in an accessible location on the vehicle and shall be maintained in good operating condition at all times and shall be inspected monthly and serviced annually as needed by a service man licensed by the office of the State Fire Marshal. Aircraft fuelingldefueling equipment shall be stabilized with an emergency brake and chock blocks during fuelingldefueling' operations and while parked unattended. Aircraft fuelingldefueling equipment operators shall remain with such equipment while connected to an aircraft. Aircraft fuelingldefueling equipment shall be properly grounded, and the fuelingldefueling equipment shaT! be ;-r'Jj:crt: ;;:;=!ied to the aircraft. Self-closing nozzles and/or dead man controls shall be held open by hand during the entire fuelingldefueling operation. Holding or blocking open of controls by any other means is prohibited. Nozzles or dispensers shall be labeled according to fuel type. Tandem fueling, which is the practice of passing fuel from one vehicle to another and then to an aircraft, is prohibited. Pouring or gravity dispensmg of fuel into or out of an aircraft is prohibited. If aircraft are fueled from drums or barrels, an approved pump taking suction from the top of the container must be used. The same grounding and bonding procedures must be used as called for in paragraph 106.8.10. Electrical and other spark-producing equipment, other' than fuelingldefueling equipment servicing an aircraft, shall not be permitted within 50 feet of any fuelingldefueling operation in progress. Fuel trucks servicing aircraft at the terminal gate positions shall remain at least fifty (50) feet from the terminal during fueling of aircraft. Reserved cla.t:l\sbiDa\m:muo.Is\ru les.doc P:lge 36 December. t 993 106.8.17 106.8.18 106.8.19 106.8.20 106.8.21 106.8.22 106.9 ..':...." 106.9.1 106.9.2 No fue!ing/defueling operation shall be carried out v.ithin 300 feel of radar transmining equipment. Over-wing fuelingidefueling operations are prohibited during electrical storms. In case of dispute, the Airport Fire Chief or his designated representative shall be the sole judge of what constitutes an "electrical storm" for purposes of this provision. Smoking is prohibited on aircraft ramp parking areas. No aircraft fuelingidefueling vehicle or equipment. shall be parked, stored, repaired or operated within 50 feet of any building without prior approval of the Airport Fire Chief or his authorized representative. Flashlights used during fueling operations must 'meet U.S. Coast Guard specifications. No vehicle or aircraft shall be fueled indoors unless approval has been given by the Airport Fire Chief or his authorized representative and under controlled conditions. At least two (2) class B extinguishers shall be kept ready during any fueling operation for use in case of fire or fuel spill. SPll..L PREVENTION Fuelers shall provide unifonned, trained and qualified personnel to receive, store, and dispense fuel. Fuelers and owners or operators of fuel and/or oil storage facilities shall, pursuant to the Federal Water Pollution Control Act (PL 92-500), prepare and file with the Environmental Protection Agency (EP A) a Spill Prevention Control and Countermeasure Plan (SPCC), a copy of which must also be on file with the Executive Director. The Plan must be renewed every three years, and signed by a Professional Engineer, licensed in the State of California. Such updates and changes shall likewise be filed with the Executive Director. The purpose of the SPCC is to: a. Comply with applicable environmental laws and regulations regarding pollution abatement and environmental enhancement. b. Prescribe preparedness. preventive measures and a system for discovering and reporting polluting spills. c. Show evidence of trained personnel, materials and equipment to respond to spills. d=\sbiaa\mnnu:J.ls\ru les,doc Po.gc 37 Dec::mbe:".1993 106.9.3 106.9.4 106.9.5 -.::/ 106.9.6 d. Provide for a quick response to contain a spill and properly effect recove:-y, clean-up and disposal of the pollutants. Fuelers shall provide for the lawful handling and disposal, away from the Allport, of all trash, waste, and other hazardous materials, including but not limited to used oil, solvents, and other waste. Fuelers shall provide adequate procedures to limit fuel spills and prepare and implement fuel spill contingency plans including notification 'and clean-up procedures. Fuel service personnel shall be trained in the use of appropriate fire extinguishing equipment. In the event of a fuel spill: a. Aircraft fuelingldefueling operations shall cea,se immediately. b. The Airport Fire Chief shall be notified immediately. c. Portable fire extinguishers shall be plac'ed in position for immediate use. d. Aircraft fuelingldefueling vehicles and equipment shall be left "as is" until the area has been declared safe by the Allport Fire Chief or his designated representative. e. No motorized equipment within the area of a fuel spill shall be started or shut down until the area has been declared safe by the Airport Fire Chief or his designated representative. Spills which seep into the water table, sewers, water supplies or storm drains and/or cannot be controlled or cleaned up using in-house absorbent, equipment and manpower must be reported to the EP A and applicable state agencies. d.DIa \s b iaa \man uaJs\ru les. doc PJgc: 38 December, 1993 107 107.1 107.2 107.2.1 ,,:.... / -- 107.2.2 107.2.3 107.3 107.3.1 SA..."i BER."iARDINO TI'lTERNATIONA..L AIRPORT RULES A..."ID REGULATIONS PASSENGER CONCOURSE AND RA..\IP AREAS The Executive Director or his designated representative shall be responsible for the assignment of transient aircraft to gate positions in accordance with procedures approved by the Executive Director. The pilot of any airline, executive, military or private aircraft parked at a gate position shall relocate the aircraft when requested to do so by a Duty Operations Manager. Air carrier aircraft arriving at a passenger gate shall be met by an airline agent or employee of a contract ground service and guided as necessary. No person shall approach or drive to the aircraft until assured that the brakes are, on and the engines and/or propellers are fully stopped. The ground employees shall check to see that all equipment: except :fire extinguishers and the battery cart or generator are clear of the aircraft before giving the signal to start engines. They shall be certain that the aircraft can be taxied out normally and there is no question of adequate clearance before giving the departure signal. It shall be the responsibility of flight and ground employees of jet or large propeller-driven aircraft operators to insure that the aircraft are taxied out from gate positions so as not to blast, injure or damage any persons, equipment, buildings or other aircraft, or any other property whatsoever. The space between aircraft and passenger gates and fences shall not be used as a thoroughfare by ground vehicles, and at no time shall ground equipment be driven between an aircraft and passenger gate during enplaning or deplaning processes. No ground equipment except that necessary to service aircraft and provide passenger service facilities shall be permitted on the passenger concourse. Gasoline, natural gas and electrically powered vehicles and other equipment shall be operated by a qualified employee possessing a valid drivers license, and in accordance with the safety procedures pertaining to motor vehicles as outlined in Section 103. It shall be the responsibility of lessees, aircraft ov,mers and operators to insure that ground service employees are trained to handle equipment skillfully and to follow the Airport traffic rules. The casual operation (horseplay) of ground equipment shall nOI be permitted on the ramps. d:ua\sbiil.:l.\mllnuals\rules.doc PJgc: 39 December, 1993 107.4 107.5 107.6 . 107.7 107.8 107.9 107.10 Mobile se:-vice equipment shall be maintained in good repair at all times and all equipment including cartS, stands, trucks, tugs and other equipment shall be parked in assigned positions. Pomble loading ramps, baggage trucks and other such equipment shall be equipped with brakes or suitable locking devices and such brakes or locking devices shall be securely set when equipment is not in use. It shall be the responsibility of operating employers to insure that personnel working in an area of turbo-prop or jet operations wear personal protective equipment against noise hazards-osuch as ear plugs or ear muffs. Environmental and health regulations pertaining to the accumulation and disposal of waste and rubbish shall be strictly observed on the concourse and other ramp areas to prevent contamination or the spread of disease. Lavatory service equipment shall be well maintained from a sanitary point of v vw for the; same reason. The passenger ramps, grounds and tenant ramp areas around the terminal shall be policed and kept free of all flammable material and waste. Prominent, strategically positioned, and easily accessible carbon dioxide or dry chemical fire extinguishers shall be located throughout the concourse and other ramp areas. Inspections shall be made at regularly scheduled intervals in these areas and throughout all aircraft hangars, shops, building and outside work areas to determine that the supply of fire extinguishers is sufficient to provide adequate prevention of various class fires, and that they are in good working order and properly maintained. Passengers shall be directed to and from the aircraft and proper gate by the most direct route. Boarding passengers shall be kept out of the air-side area until the flight is called. Walkways and the entire ramp area shall be kept free and clear of obstacles. . No visitor shall be permitted on passenger ramps or in hangars, shops or other areas unless they are under escort and are being allowed to inspect either aircraft or other equipment on display or operating procedures. Visitors shall be strictly controlled by guide ropes and/or guides thoroughly familiar with the area and operations. Smoking is prohibited on the concourse ramp beyond the passenger gates or in any other posted "No Smoking" areas. No light shall be erected or positioned on the terminal, ramps or apron areas which would interfere ",ith a pilot's ability to see while maneuvering an aircraft. daCl\sbi~\m:muals\ru les. doc: P:lge ':0 December. t 993 Sk'" BER..."iARDL"'O INTER...l'iATIOt"AL A.IRPORT RULES _~'m REGL'LATIONS 108 AIRPORT TENANTS 108.1 Advertising No sign, advertisement, notice or other lettering shall be exhibited, inscribed, painted or affixed by a tenant on any part of the outside or inside (if visible from outside) of a leasehold or of the terminal without the prior written consent of Executive Director. In the event of any violation by a tenant of the foregoing Rule and Regulation, the Executive Director may remove any violating object without any liability and may charge the expense incurred by such removal to the tenant as additional rent. The Executive Director shall have the right to prohibit any advertising or business conducted by a tenant which, in the Executive Director's opinion, tends to damage the reputation of the Airport or the terminal and upon notice from the Executive Director, tenants shall refrain from or discontinue any such advertising or business. .. .- 108.2 Care of Building Any sash doors, sashes, windows, glass doors, lights and skylights that reflect or admit light into the common areas of the Airport Terminal Complex, shall not be covered or obstructed by a tenant, nor shall any bottles, parcels, showcases, inventory, wares or merchandise of any type or any other articles be placed on window sills or in the public portions of the building leasehold. Water closets and urinals shall not be used for any purpose other than those for which they were constructed, and no rubbish, newspapers, sweepings or other substance of any kind shall be deposited therein. Tenants shall not mnrk, drive nails, screws or drill into, paint or in any way deface the exterior walls, roof, foundations, bearing walls or pillars of the leaseholds or the building without the prior written consent of Executive Director. The expense of repairing any breakage, stoppage or damage resulting from any violation of any of these Rules and Regulations shall be borne solely by the tenant. No window display case or platform shall be constructed or placed by a tenant anywhere so that it may be viewed from or through an outside window or door without the Executive Director's prior written approval thereof as to its design, content, location, construction and suitability of the subject matter. No water cooler, air conditioning unit or system or other apparatus shall be installed or used by a tenant without the prior written consent of the Executive Director. daI:a\sbi aa\miUl u;J.ls\ru I es. d oc P:J.se 41 Dc:c:mber. 1993 108.3 \Vindow Treatments No awning, shade or other window covering (including but not limited to cunains, blinds, drapes or screens), proj ection Dr electrical fixtures shall be attached tD the inside or Dutside walls or to the inside or outside of windows of a leasehDld or to the interior thereof without the prior written consent Df the Executive Director. AIly items requiring the Executive Director's consent pursuant to these RuIes and ReguIations must be of a quality, type, design, color, material and general appearance as may be specified by the Executive Director and must be installed as directed by Airport Maintenance and shall be at the tenant's sole cost and expense. 108.4 Fire Prevention Neither the tenant nor any of the tenant's agents, servants, emplDyees, contractors, visitors or licensees shall at any time bring or keep upon the leasehold any inflammable, cDmbustible or explosive fluid, chemical or substance, except as approved by the Executive DirectDr or his authorized representative. 108.5 Business Conduct ~. Tenant and tenant's employees shall not conduct business in any public area, or other co=on areas of the Airport including but not limited to sidev,;all:.s, entrances, passages, courts, elevators, vestibuIes, stairways, corridors, driveways or parking areas, and such areas shall be used by tenant or tenant's agents, servants, employees, contractors, visitors or licensees only as passageways to and frDm their respective work areas or to reach, as customers, the leaseholds of other tenants. A tenant shall use its best efforts to keep the area adjacent to its leasehold clean and free from rubbish. 108.6 Damage to Fixtures All damages resuIting from any misuse of fixtures contained in the leaseholds of the terminal Dr Airport shall be borne by tenant to the extent that the tenant or tenant's agents, servants, employees, contractors, visitors or licensees shall have caused the same. 108.7 Noise Tenant shan not make, or permit to be made, any unseemly or disturbing nDises or disturb or interfere with occupants of the terminal or neighboring buildings or premises or those having business ....-Ith them or persons present in any CDrnmon area, whether by the use of any musical instrument, radio, televisiDn set, voice machine, unusual noise, or in any other way. d:lta\sbi aa\man uais\r J j es. d oc Po.ge 41 Dc:c~mbc:r. 1993 108.8 Prohibited Uses Tenants shall not occupy or permit any ponion of the leasehold to be occ:lpied in any manner whatsoever beyond the limitations set forth in itS lease or in any manner which is not generally consistent with the character and nature of private and co=ercial transportation of the aviation i iustry. TenantS shall not engage or pay any employees on the Airport, except those actually working for tenant on the Airport. 108.9 Tenant's Vendors Tenant shall not purchase spring water, towels, janitorial, maintenance, moving, drayage or other like service from any company or persons whose presence in or about the Airport would create any difficulties with any contractor or laborer engaged by the Authority or its agents in or for the Airport. 108.10 Tenant's Contractors - '.\ -j Contractors of Airport tenants, while in the leasehold, Terminal Building Complex or elsewhere on the Airport, shall be subject to and under the control and direction of the Executive Director. Tenant's contractors shall be responsive to and comply with any direction or instruction from the Executive Director or his authorized representative. . 108.11 Vermin If the leasehold or terminal becomes infested with vermin as a result of the use or any misuse or neglect of a tenant, its agents, servants, employees, contractors, visitors or licensees, the tenant shall forthwith at the tenant's expense cause the same to be exterminated from time to time to the satisfaction of the Executive Director and shall employ such licensed exterminators as shall be approved in ....'riting in advance by the Executive Director. 108.12 Tenant's Requests for Work by the Executive Director The requirements of tenants will be attended to only upon application at the office of the Executive Director. The Executive Director's personnel shall not perform any work or do anything out of their regular duties unless under an authorized work order from the A.irport's management staff. cbm\sbia.a\manuals\ru les. doc P:!.ge H De==mbof. 1993 108.13 108.14 108.15 108.16 l"se of Public Areas Tnere shall not be used in any space, public balls of the terminal or the Airport, either by tenant or by jobbers or others, in the delivery or receipt of merchandise, any band trucks or dollies, except those equipped with rubber tires and side guards, and of a type and style approved in advance by the AirpOrt Manager. Fire Extinguishers Tenant shall install and maintain, at tenant's sole cost and expense, an adequate ...isibly marked (at all times properly operational) fire extinguishers as may be required from ti:ll(" to liPle by f.xe prevention authorities. Government Rules If, as a result of any government rule or regulation, the Executive Director imposes a curtailment of services or equipment in or for the leasehold, the terminal or the Airport, the tenant shall comply therewith and shall be liable to the Authority for any surcharge imposed for any violation by a tenant. Personal Conduct The Executive Director, in his sole and absolute discretion, reserves the right to exclude or expel, from any leasehold or area within the terminal, any person who is intoxicated or under the influence of liquor or drugs, or wbo shall commit any act prohibited by these Rules and Regulations or prohibited by law including, but not limited to, dispensing of obnoxious or offensive nuisances or odors, exhibition of signs, placards, banners, notices or other written material, solicitation, parade, patrols, pickets, demonstrations, or the creation of any unsightly condition. The use anywhere of roller skates or other mechanical devices for transportation (except tr.uns and hand carts required for delivery of goods, wares and merchandise into and out of demised premises or those wheelchairs and other devices used by disabled persons) are prohibited. d.:wl\sb i:1:1\m:1nuals\rol~s. doc P:Jge 44 Oc:c:mber. 1993 108.1 7 108.18 108.19 ./: -..;../ 108.20 Securiry Entrances The A.irport reserves the right to close and keep locked any and all entrances and exit doors of the Airport or any portion thereof, including but not limited to gates or doors closing the parking areas, during such hours as the Executive Director may deem to be advisable for the adequate cleaning, maintenance or protection of the Airport and for the protection of all tenants and other persons rightfully on the Airport's premises. Further, the Executive Director may, in the event of an emergency or natura! disaster, order all occupants to leave a leasehold or the terminal and prevent access to such areas for such time as may be necessary to assure the safety of the public and employees. Solicitations A tenant and a tenant's employees and agents shall not solicit business in the terminal (other than in the leasehold), or in parking areas, or other co=on areas, nor shall a tenant distribute any' handbills or other advertising matter in automobiles parked in the parking areas or elsewhere. Canvassing, soliciting and peddling at the Airport is prohibited, and the tenant shall cooperate at all times to prevent the same. Lease Provisions In the event of any conflict between these Rules and Regulations or any further or modified Rules and Regulations issued from time to time by the Executive Director and the lease provisions, the lease provisions shall govern and control. Deliveries All deliveries to and from the leasehold shall be made to and from the loading area to be designated by the Executive Director from time to time, and promptly removed therefrom directly to tenant's place of business via only by ways designated by the Executive Director. Such deliveries shall not be made by way of any other facilities or entrances to the terminal or the Airport Such deliveries shall be made only in such a manner and at such times as the Executive Director may from time to time prescribe and so as not to inconvenience other tenantS at the Airport or their visitors. Said loading areas being used by or for a tenant for such purposes shall at all times be kept neat and clean and free of any debris or spillage by the tenant at tenant's sole cost and to the satisfactiOD of the Executive Director. A tenant shall not permit any items delivered to or awaiting pick-up from, the le:lSehold nor any trash or other refuse to be left unattended in any common area or any of the areas referred to in this Rule and Regulation. Without limiting the generality of any portion of the lease, the ten:mt agrees to reimburse the Airport for the cost of removal in the event of violation. d:u:l\sbi3l1\m:mu.:lls\rulJ:s.doc Pogo 45 December. 1993 108.21 108.22 108.23 108.24 108.25 Electronic Equipment Tenant shall not use or bring upon the leasehold, any electronic equipment or computers, data processing equipment or any ancillary equipment therefor, and shall not erect, install or otherwise maintain inside or outside or upon the leasehold any aerials, transminers, antennae and the like for the transmission or receiving of any signal whatsoever without prior wrinen consent from the Executive Director. Isolated Operations Painting, welding and banery work shall be carried on in separate areas where required safety control shall exist. All such operations must have wrinen approval of the Executive Director and comply with all local regulations including but not limited to the local fire prevention requirements and regulations. Electrical Equipment Installation Only trained and qualified electricians shall be permitted to install and maintain electrical equipment and facilities which shall be regularly inspected to correct any hazards resulting from operational use. Temporary or makeshift wiring, other than extension lights, shall be prohibited in hangars and other buildings. Explosion-proof and vapor-tight equipment shall be regularly maintained to comply with safety standards. Electrical installation of semi-permanent or permanent nature shall be approved by the Executive Director andlor Airport electrician. Literature, Promotional Materials, Advertising and Solicitation The display or distribution of literature, promotional or informational materials, advertising or any other form of solicitation on the Airport or terminal is strictly prohibited without the express written approval of the Executive Director. The Executive Director reserves the right to review and approve or disapprove all such materials and their location and to change such location from time to time as may be warranted. Signage No sign or barrier shall be displayed, installed, removed or othe!"\;ise changed without the express written approval of the Executive Director. The Executive Director reserves the right to approve or disapprove any sign or barrier and their locations and to change such location from time to time as may be warranted. d.ata\sbiaa\manl1.il.!s\rul cs. doc Poge 46 Dec:mbcr. 1993 108.26 108.26.1 108.26.2 108.26.3 .} -" 108.26.4 108.26.5 108.26.6 108.26.7 :"ondiscrimination of Disabled Persons Tenants (except air carriers) shall comply with the Americans with Disabilities Act of 1990 and with implementing regulations 28 CFR Part 36- Nondiscrimination on the Basis of Disability by Public Accommodation and in Commercial Facilities. Air Carriers shall comply with the Air Carrier Access Act of 1986 (pL 99-435) and implementing regulations 14 CFR Part 382- Nondiscrimination on the Basis of Handicap in Air Travel. No individual shall be discriminated agairtst on the basis of disability in the full and equal enjoyment of tenants' goods, services, facilities, privileges, advantages, or accommodations. Tenants shall afford its goods, services, facilities, privileges, advantages, and accommodations to an individual with a disability in the most integrated setting appropriate to the needs of the individual. Tenants shall not institute any policy, practice, or procedure or impose eligibility standards which would discriminate agairtst persons with disabilities. Tenants shall make reasonable modifications in policies, practices, or procedures, where the modifications are necessary to afford goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless tenants can demonstrate that making the modification would fundamentally alter the nature of its goods, services, facilities, privileges, advantages, or accommodations. Tenants shall not afford its clients or customers, on the basis of a disability or disabilities, with the opportunity to participate in or benefit from its good, service, facility, privilege, advantage, or acco=odation that is not equal to that afforded to other individuals. Nor shall tenant provide its goods, services, etc. that is different or separate from that provided to other individuals, unless such action is necessary to provide such goods, services, etc. as effectively as those provided to others. Tenants shall not require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit available if such individual chooses not to accept Tenants shall not prohibit the use of service animals by an individual with a disability. Tenants are not required to accommodate an individual to participate in or benefit from its goods, services, facilities, privileges, advantages and accommodations when that individual poses a direct threat to the health or safety of others. data\sbi3.;l\manu:us\rul:s. doc P:lge 47 Dec:mber. 1993 108.26.8 108.26.9 108.16.10 108.26.11 108.26.12 Tenants shall furnish aopropnare au.xiliarv aids and services where necessarY to " . ensure effective communication with individuals with disabilities. Tenants that offer customers or clients the opportunity to make outgoing telephone calls on more than an incidental convenience basis shall make available, upon request, a TDD for the use of an individual who has impaired hearing or a communication disorder. Tenants are not prohibited from discrimination against an individual based on that individual's current illegal use of drugs. Tenants shall maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities. Tenants shall not refuse to serve an individual with a disability because of its insurance company conditions coverage or rates on the absence of individuals with disabilities. Tenants may impose legitimate safety requirements that are necessary for safe operation. Safety requirements must be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities. 108.26.13 Tenants may not impose a surcharge on a particular individual with a disability or . any group of individuals with disabilities to cover the costs of measures, such as the provision of auxiliary aids, barrier removal, reasonable modifications in policies, practices, or procedures, that are required to provide that individual or group with the nondiscriminatory treatment required. ) 108.26.14 108.16.15 Tenants, with the express written approval of the Executive Director, shall remove architectural barriers in existing facilities, including communication barriers that are structural in nature, where such removal is readily achievable (i.e., easily accomplishable and able to be carried out without much difficulty or expense.) Examples may include, but are not limited to, installing ramps, repositioning shelves, rearranging tables, chairs and other furniture, widening doors, etc. Tenants shall conduct an initial self-assessII:!ent and develop an implementation plan for compliance with the ADA's barrier removal requirements, the results of which must be communicated in writing to the Executive Director. Tenants shall establish a policy to ensure continuing compliance. d:wL\sb iaa\manu.:lls\ru les. doc P:JgJ:: ~s Dec::nber, 1993 SA.l'Ii BER.!\;ARDINO TI'.7ER.l'IiATIONAL AIRPORT RlJLES .~"iD REGliLATIONS 109 COMMERCIAL GRO~1> TR.~SPOR.TATION 1 09.1 While it is possible for any vehicle to drop off passengers at the Airport, only those commercial ground transportation operators having an executed Commercial Ground Transportation Permit (perminee) and corresponding Off- Airport Access Agreement (Agreement) in good standing with the Authority may operate a commercial ground transportation business at the Airport. Such Perminee may transact ground transportation business subject to the terms and conditions of its Agreement with the Authority. Not-for-hire vehicles that are used in service to the public for the purposes of gain are also governed by such an Agreement and the requirements of this section. This shall include "courtesy vehicles" and limousines. 109.2 In consideration for an Off-..<\irport Access Agreement, wherein a non-exclusive easement of ingress and egress to transport passengers and their baggage by approved motor vehicles into and out of the Airport is granted, a fee consistent with the Agreement for a given classification of service shall be paid and due the Authority each month. 109.3 The Executive Director or his designated representative reserves the right to conduct random curb side checks of all commercial ground transportation operators for purposes of revenue and operational control. 109.4 109.5 Authority reserves the right from time to time to revise the ground transportation fees paid by Perminee. Perminee shall conduct its business in compliance with all applicable laws and governmental regulations and all rules, regulations and orders of the Authority now in effect or as may be promulgated. All commercial ground transportation operators shall conduct their business in compliance with the Americans with Disabilities Act of 1990 and with implementing regulations 49 CFR Part 37- Transportation Services for Individuals with Disabilities. 109.6 All commercial ground transportation vehicles shall stop at the Airport only while in the process of waiting for the loading or unloading of passengers and at curb areas which may be designated by the Executive Director. The Executive Director reserves the right to change such curb areas and to limit the length of time such vehicles may remain at the curb, may limit the number of vehicles permined on Airport premises at anyone time, and may vary such designations and limitations based on other operational factors existing at the Airport. dalalsbina\manuals\rules.doc Page 49 December. 1993 109.7 No ground transportation vehicles shall be left unattended on Airpon premises at any time except at such parking area( s), if any, as designated by the Executive Director. 109.8 The Authority reserves the right to implement a control system that will require the issuance to Permittee, decals or stickers to affix to Permittees' vehicles entering the Airport. 109.9 All co=ercial ground transportation vehicles entering the Airport shall have current and valid evidence of the following: a Co=ercial vehicle registration from the California State Department of Motor Vehicles (DMV) which is to be kept in the vehicle; b. License plates (or temporary permit) from the DMV attached to the vehicle and a corresponding Vehicle Identiiication Number (VIN); c. The appropriate California State, and/or Interstate Co=erce Commission ("ICC") permit, certificate or authority to operate, including the display of applicable permit, certificate or authority numbers where required; ., d. Insurance coverage as required by the Airport; e. An operating or license agreement, issued by the appropriate agency(s) for the type of operation conducted; f. Except for charter limousines, a vehicle fleet number displayed in such a size as to be easily readable by members of the public. 109.10 All co=ercial ground transportation vehicles entering the Airport shall be: a Uniformly painted visibly marked on the front, rear and sides with the name of the Permittee' business; b. In good and safe mechanical condition and in compliance with the California State Vehicle and Traffic Law; c. In a clean and undamaged condition both on the exterior and interior. Vehicles shall not be operated with obvious evidence of vehicle body damage. datalsbiaalmanualslrules.doc Poge50 December. 1993 109.11 Drivers of commercial ground transpottation vehicles shall: a Strictly comply with these Rules and Regulations and others that are applicable; b. Obey the lawful orders and directioDS of the Executive Director or his designated representative and any law enforcement official while on duty; c. Not discriminate against individuals with disabilities by actions including, but not limited to, refusing to provide services to individuals with disabilities who can use operators' vehicles, refusing to assist with the stowing of mobility devices, and charging higher fares or fees for carrying individuals with disabilities and their equipment than are charged other persons; d. Not do or allow anything to be done which interferes with the free access and passage of the Airport premises, or in any way binders or impairs the operation of the Airport; e. Allow any Airport official or designee thereof or law enforcement official while on duty to ex:mune their waybills and any other written evidence of authorization to operate at the Airport; "0- f. Not use, display, show, exhibit or transfer any waybill, registration form, decal, seal or any other document which is false, invalid, revoked, terminated or expired; g. Not use their vehicle to unreasonably block, cut off or re$lrict the movement of a vehicle of another carrier parked at a curb. Upon arrival at any curb loading zone or area drivers shall, to the extent possible, stop their vehicles at the furthermost front position of the applicable curb zone or stop; h. Not stop any vehicle in a crosswalk; i. Wear an operator issued identification badge while on Airport premises. The badge shall be attached to clothing above the waist, be visible to members of the public and indicate the name of the driver and the operator the driver represents. All non-driver personnel of operators shall have similar badges visible while on Airport premises. Photographic badges are encouraged but not mandatory. Drivers may also be required to have :m Airport issued identification c:lrd; Pogo 5 I December, 1993 dmlsbiulmanual5lnlJes.doc 109.12 -\ J' 109.13 109.14 109.15 109.16 109.17 J. Present a clean and neat appearance while on .-"Jrport premises and be courteous to all members of the public; k. Comply with and obey all signs posted by the San Bernardino International Airport Authority. I. Not solicit passengers on the Airport for any reason or attempt to persuade any person possessing a ticket or voucher for or having a reservation with a competing Permittee to switch to another Permittee or to seek a refund for the purpose of riding with another Permittee; m. Not transport any passenger to a destination or area of operation not approved for driver's operator by the ICC. n. Not cruise the terminal area Permittee, their drivers and agent shall not erect, post or place any telephone, sign, . business card or any other form of advertising anywhere on Airport premises without a separate written agreement between Permittee and the Authority or its authorized concessionaire. Permittee is not authorized to place starters,' skycaps, porters, booth personnel, agents or other personnel on the curbs or sidewalks or in the terminals at the Airport. Where applicable, destination signs shall be displayed on the front of each commercial ground transportation vehicle. Vehicles shall not have displayed any words, logos or signs stating a destination not approved for that vehicle's operator by the lCC, or local laws and regulations, whichever is applicable. Taxicab drivers shall not refuse to transport any passenger seeking transportation, . unless approval is obtained from a representative of the Executive Director. A short trip by a passenger shall not be a valid reason for refusing service. Passenger Stage and/or Charter Party Carriers having agreements with signatory air carriers to transport air carrier personnel from the AirPort shall follow all applicable Rules and Regulations and be subject to the penalties and suspensions imposed by these rules. The Authority reserves the right to modifY, change and amend these Rules and Regulations through the actions of the Executive Director. daI:1 Isb i..\nunuolslru I os. do c P'g: 52 December, J 993 109.18 109.19 109.20 109.21 109.22 ., 109.23 109.24 The Executive Director shall inre:pret these Rules and Regulatioll.S and their meaning. Any Airpon Security or Operatioll.S personnel, any law enforcement official while on duty or any employee of the Airpon designated by the Executive Director shall have the authority to enforce these Rules and Regulations. Any violation of these Rules and Regulations shall result in the issuance by the Airpon of an oral or written notice to any commercial ground transportation operator or driver. Violations of the above Rules and Regulations may lead to the temporary suspension of the Agreement allowing a Permittee to operate on the Airport on a per operator or per vehicle basis. Repeated violations may lead to lengthy suspensions and ultimately to pelIl1anenttermination of a Permittee's Agreement with the Airport. The right of the Executive Director to terminate any Agreement to operate at the Airport shall be governed by the terms and conditions of the applicable Agreement. The number of violations and suspension reports and the number of suspensions imposed upon an operator may be considered by the Airport in its decision to terminate an Agreement. However, the Airport may terminate any operating agreement based upon the terms and conditions of the applicable Agreement notwithstanding the violation reports and suspension penalties imposed or pending under these Rules and Regulations. Many Airport Rules and Regulations applicable at the Airport are also in ordinance or statutory fonn as law and consequently may also be enforced through arrest or citation and adjudication through the appropriate justice system in the Municipal Court. Many Airport Rules and Regulations are presently encompassed by city ordinance or state statute or regulations. Violations of these ordinances, statutes or regulations on the Airport will be enforced under their applicable provisions but may also be counted as violations of these Rules and Regulations. Those violations not warranting immediate suspensions as determined by the Executive Director will become part of an accumulation of suspension reports against a commercial ground transportation operator or vehicle. doIalsbiaalmanualslrules.doe P<:lge 53 December. 1993