Marin County Municipal Code Ch. 12.05 Standards for Airport Fuel Handling

For the purpose of this chapter, the definitions included in Chapter 12.04.010 are adopted and incorporated by reference and the following definitions are added:

(a) "Commercial fuel operator" means any person licensed by the county to sell aircraft fuel at the Airport for profit.

(b) "Self-fueler" means any private or commercial aircraft operator who brings aircraft fuel onto the Airport to service aircraft owned or leased by operator.

(c) "Approved fuel truck" means any motor vehicle built or modified for the purpose of transportation and dispensing of aircraft fuel, that meets current federal, state and local licensing and safety requirements as specified in Section 12.05.090.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

This chapter is applicable commercial fueling and self-fueling activities at the airport.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

Private and commercial aircraft operators may be permitted to fuel their aircraft subject to the following requirements:

(a) Self-fuelers may obtain fuel and bring it onto the airport to service aircraft owned or leased by them, but only by themselves or with their own employees and in conformance with reasonable safety standards or other reasonable requirements of the airport.

(b) Self-fuelers may not contract with an off-airport company to enter upon the airport and refuel their aircraft.

(c) Self-fuelers may not provide fuel to customers or third parties unless they meet any and all conditions imposed on commercial fuel operators.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

(a) Every aircraft operator shall obtain a written operating permit from the airport operations coordinator as provided for by this chapter prior to engaging in self-fueling activities.

(b) All applications for operating permits shall be submitted in writing to the airport operations coordinator, Gnoss Field, on forms supplied by the airport operations coordinator. The application shall be accompanied by an annual permit fee and a fuel flowage fee.

(c) The application shall list all aircraft owned or leased by applicant which applicant intends to self-fuel. The application shall also list the vehicle identification number of all approved fuel trucks to be used in conducting self-fueling activities. Copies of the aircraft leases shall be provided to the airport operations coordinator and shall be for exclusive use of the aircraft by the permittee.

(d) The operating permit fee shall be set by resolution of the board of supervisors and shall include a flat fee for inspection by the Novato fire protection district in which the airport is located, to assure compliance with federal, state and local safety standards and parking space fees as applicable.

(e) The operating permit shall assign a designated parking space for any approved fuel truck(s) listed in the permit application. Fee for this space shall equal the rate for an outdoor aircraft tie-down.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

(a) Every self-fueler shall obtain a hazardous materials permit as provided for by this chapter prior to engaging in self-fueling activities.

(b) Self-fuelers shall submit in writing a hazardous materials business plan to waste management division, department of public works, Marin County. The application shall be accompanied by a permit fee.

(Ord. 3265 § 1 (part), 1997)

Operating and hazardous materials permits issued hereunder for self-fueling activities are not transferable.

(Ord. 3265 § 1 (part), 1997)

The airport operation's coordinator may revoke or suspend any permit issued hereunder immediately upon determination that the permittee is acting in contravention of the provisions of this chapter or the conditions of the permit.

(Ord. 3265 § 1 (part), 1997)

(a) Self-fuelers shall pay the county on a semi-annual basis the same fuel flowage fees as commercial fuel operators.

(b) Said fuel flowage fees shall be six cents per gallon of fuel. Private aircraft will be assessed at a fixed rate based on average annual consumption for their aircraft. Fuel flowage fees will be due semi-annually on January 1st and July 1st of every year. The first payment of fuel flowage fees is due on the date of submittal of application for a self-fueling permit and will be prorated based on the number of days remaining in that six month payment period.

(c) If fuel flowage fees are not received by the county within ten calendar days after such amount shall be due, then without any requirement for notice to the self-fueler, self fueler shall pay to county amount due and a late charge equal to six percent of such overdue amount. If not paid within one hundred twenty days a self-fueling permit shall be terminated.

(d) Self-fuelers shall keep written records of all fuel purchased. The county shall have the right to inspect all books and records of self-fueling activities at any reasonable time upon request. The books and records shall be maintained by the aircraft owners for a period of at least two years after the payment of fuel flowage fees to the county and shall be available for inspection by the county upon demand.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

This section applies to commercial fuel operators and self-fuelers.

(a) All vehicles and equipment used in association with the transportation and storage of aircraft fuel on the airport must meet all standards and obtain all applicable permits from the California Highway Patrol, the Department of Transportation, the Department of Motor Vehicles and any other applicable federal and state regulatory agencies.

(b) Approved fuel trucks shall have a minimum of two fire extinguishers having a rating of 4OBC or greater and the extinguishers must be located one on each side of the truck.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

This section applies to commercial fuel operators and self-fuelers.

(a) Authorized areas for the fueling and defueling of aircraft shall be posted by the airport operations coordinator. Fueling or defueling of aircraft in unauthorized areas is prohibited.

(b) Fuel shall be transported into the area authorized for fueling by commercial fuel operator(s) or self-fueler(s) only after having secured the permits required by this chapter and having an approved fueling operations manual.

(c) No aircraft shall be fueled or defueled except by a fuel dispensary including an approved fuel truck that meets the current state and federal licensing and safety requirements as specified in Section 12.05.090(a).

(d) No aircraft shall be fueled or defueled while the aircraft engine is running or while such aircraft is in a hangar or other enclosed space excepting standard, safe maintenance practices.

(e) Smoking is prohibited within fifty feet of an aircraft while the aircraft is being fueled or defueled.

(f) During fuel handling, passengers are not permitted in the aircraft unless a cabin attendant is stationed at or near the cabin door.

(g) During fuel handling, the aircraft and the fuel dispensing or draining apparatus shall be properly grounded to prevent the possibility of static ignition of volatile liquids. All hoses, funnels, and appurtenance used in fueling and draining operations shall be properly equipped with a grounding device to prevent the possibility of static ignition of volatile liquids.

(h) Persons engaged in aircraft fuel handling shall exercise care to prevent overflow of fuel.

(i) During fuel handling, no person shall operate any radio transmitter or receiver, or operate electrical aircraft switches.

(j) Only personnel engaged in fuel handling, maintenance and operation of aircraft shall be permitted within fifty feet of fuel tanks of such aircraft during any fueling or defueling operation, except as provided in subsection (d) of this section.

(k) During fuel handling in connection with any aircraft, no person shall use any material which is likely to cause static spark within fifty feet of such aircraft.

(l) Fueling hoses, static grounding lines and draining equipment shall be maintained in a safe, sound and nonleaking condition.

(m) A minimum of two fire extinguishers having a rating of 4OBC or greater shall be within reach of persons in engaged in process of handling fuel. On fuel trucks, the extinguishers must be located on each side of the truck.

(n) Fuel brought onto the airport in other than an approved fuel truck must be transferred immediately to the aircraft tanks. No storage of fuel or fuel containers is allowed on the airport or in vehicles parked at the airport.

(o) During fuel handling, spill control materials/devices shall be immediately available to each fueler to allow appropriate response to spills.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

This section applies to commercial fuel operators and self-fuelers.

(a) Mobile fuel handlers must hold a valid California driver's license.

(b) All fuel handlers must receive appropriate training in the use of equipment, fuel storage and fuel handling practices.

(c) All persons who handle fuel or whose employees handle fuel shall have a current fueling operations manual which must be approved by the airport operation's coordinator and the county fire protection district where the airport is located. The fueling operations manual shall be kept current and shall be made available to the county upon demand. The airport operation's coordinator may require modifications to the fueling manual. Fuel handlers are required to comply with their approved fueling operations manual. The fueling operations manual shall contain detailed written procedures on the following topics:

(1) Fueling and defueling procedures;

(2) Employee training program;

(3) Daily/weekly/monthly equipment inspection program;

(4) Transport/delivery procedures;

(5) Quality control procedures;

(6) Emergency procedures;

(7) Fuel spill procedures for minor and major fuel spills.

(Ord. 3265 § 1 (part), 1997)

This section applies to commercial fuel operators and self-fuelers.

(a) No aircraft fuel or fuel containers shall be stored in aircraft hangars.

(b) Storage of aviation fuel in approved fuel trucks shall take place only in those areas specifically designated by the county. Permittee shall be responsible to improve/install parking space, if needed, to comply with standards established by the airport operation's coordinator for such parking with regards to spills, safety and security concerns.

(c) No designated parking space for the storage of aviation fuel in approved fuel trucks shall occur within a minimum of fifty feet from aircraft and airport buildings.

(d) Each location where approved fuel trucks are parked must include a minimum of ten feet of clear space around such truck necessary to conform with federal safety standards, including but not limited to Section 3-18 of NFPA Standards 407 and to ensure public safety.

(Ord. 3265 § 1 (part), 1997)

No person shall initiate self-fueling activities at the airport unless such person shall file with the airport operations coordinator and keep in current effect a certificate of public liability and personal damage insurance naming the county of Marin and the Novato fire protection district as an additional insured and executed by a company authorized to carry on insurance business in this state. No person shall cancel such insurance without providing the airport operations coordinator with thirty days advance notice. The minimum amounts and types of insurance for self-fuelers shall be set forth by resolution of the county board of supervisors.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

(a) The airport has the right to adopt reasonable rules and regulations for safety, preservation of facilities and protection of the public interest.

(b) The airport adopts and incorporates by reference into this chapter the National Fire Protection Association (NFPA) Standard 407, Article 24 of the 1 997 Uniform Fire Code, (State and County Fire Marshal), Federal Aviation Administration (FAA) guidelines for fuel dispensing including FAA Advisory Circular 150/5230-4, and the Industrial Relations Department of the state of California requirements for the storage and dispensing of volatile fuels and accessories as amended.

(Ord. 3300 § 1 (part), 1999: Ord. 3265 § 1 (part), 1997)

It shall be the duty of the airport operation's coordinator to enforce the provisions of this chapter and the regulations issued hereunder. The airport operation's coordinator may enter any buildings on airport premises including hangars during normal business hours, with the owner's consent to inspect fuel handling activities and determine if they are being performed in a manner consistent with safety, preservation of facilities and protection of the public interest.

(Ord. 3265 § 1 (part), 1997)

Failure to comply with any part of this chapter shall be grounds for the suspension or termination of any rights or privileges by person(s) to enter upon or use the airport facilities for private or commercial uses. The airport operation's coordinator may suspend or terminate any agreement, permit, license, or other arrangement for noncompliance with this chapter. A civil action may be filed in Superior Court to enjoin any violation of this chapter.

(Ord. 3265 § 1 (part), 1997)

Any person violating any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment. Such person is guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, or permitted by such person.

(Ord. 3265 § 1 (part), 1997)