Or. Admin. Code § 738-035-0055

Current through Register Vol. 63, No. 11, November 1, 2024

Section 738-035-0055 - Minimum Standards for Specialized Aviation Service Operations (SASO) at State-Owned Airports

(1) SASOs that provide the same or similar services shall comply equally with all applicable Minimum Standards; however, the Department will not require, without adequate justification, that a SASO meet all the criteria for a full-service FBO for the type of operation conducted.

(2) Each SASO shall operate out of a building located on the airport. The building shall be of an appropriate size to accommodate the services being offered, be accessible to the public, and shall be marked with appropriate external signage.

(3) Each SASO shall provide automobile parking area appropriate for the needs of the business. Parking areas on Category II, III and IV Airports shall be paved; parking areas on Category V Airports may be paved or gravel.

(4) Each SASO shall keep current and provide to the Department a written statement of names, addresses and contact information for all personnel responsible for the operation and management of the SASO.

(5) Each SASO shall meet all State of Oregon insurance requirements and shall maintain the types and amounts of insurance as specified in the agreement with the Department.

(6) Each SASO providing aircraft dual and solo ground and flight instruction, necessary to complete the written examination and flight check for any category of pilot certificate or rating, shall meet the following minimum requirements:

(a) Provide at least one (1) currently qualified FAA-certified flight instructor, registered with the Department in compliance with Oregon pilot registration laws, and additional qualified instructors as necessary to meet the flight training demand and schedule requirements;

(b) Provide at least one (1) properly maintained and equipped aircraft, registered with the Department in compliance with Oregon aircraft registration laws, to accomplish the services offered; and

(c) Ensure that all student pilots are registered in compliance with Department pilot registration laws.

(7) Each SASO providing aircraft airframe and power plant maintenance, which includes either major or minor airframe maintenance or engine and accessory overhaul repair services on single or multi-engine piston driven propeller aircraft, shall meet the following minimum standards:

(a) Operate the service from a ventilated shop space able to accommodate at least one (1) aircraft on the airport.

(b) Provide one (1) FAA-certified technician with an airframe and/or power plant, with inspection authorization, or possess and conduct operations pursuant to a repair station certificate pursuant to 14 CFR Part 145.

(c) Keep premises open and services available as follows:

(A)Category II, III and IV Airports: appropriate business hours, five (5) days a week, excluding holidays;

(B)Category V Airports: to meet market demand.

(d) Provide equipment, supplies and parts required for general aircraft airframe and power plant inspection, maintenance and repair.

(8) Each SASO providing on-demand air transportation of persons or property to the general public for hire shall:

(a) Provide at least one (1) currently qualified FAA-certified person, registered with the Department in compliance with Oregon pilot registration laws, to permit the flight activity offered by the operator.

(b) Provide at least one (1) properly maintained and equipped aircraft, registered with the Department in compliance with Oregon aircraft registration laws, to accomplish the services offered.

(c) Hold and display a current 14 CFR Part 135 Certificate.

(9) Each SASO providing aircraft rental services to the general public shall:

(a) Have at least one (1) person available to meet customer needs;

(b) Keep the operation open and services available as follows:

(A)Category II Airports: during appropriate business hours, six (6) days a week, excluding holidays;

(B)Category III and IV Airports: during appropriate business hours, five (5) days a week, excluding holidays;

(C)Category V Airports: to meet market demand.

(c) Have available for rental a minimum of one (1) owned or leased certified and airworthy aircraft, registered with the Department in compliance with Oregon aircraft registration laws; and

(d) Ensure that all aircraft renters are registered with the Department in compliance with Oregon pilot registration laws.

(10) Each SASO providing avionics maintenance and sales services shall:

(a) Operate the service in a heated and ventilated office or shop space able to accommodate at least one (1) aircraft on the airport;

(b) Provide at least one (1) trained and FAA certified technician;

(c) Keep premises open and services available as follows:

(A)Category II, III and IV Airports: during appropriate business hours, five (5) days a week, excluding holidays.

(B)Category V Airports: to meet market demand.

(d) Hold the appropriate FAA certificates required for the types of services offered.

(11) Each SASO providing aircraft storage and hangar services shall:

(a) Ensure that all hangars, multiple T-hangars, and/or shade hangars are used solely for aircraft storage purposes;

(b) Make available the necessary amount of land to accommodate the proper quantity and size of hangars for the quantity of stored aircraft;

(c) Post an informational sign for prospective customers, displaying:

(A) Contact names and numbers for all hangar operators; and

(B) Where to obtain information on hangar availability and rental rates.

(d) Ensure that each based aircraft stored within the operator's hangar facility(ies) is registered with the Department in compliance with Oregon aircraft registration laws;

(e) Ensure that all hangar tenants are fully informed of what constitutes legal activities within the hangar property, including the following information:.

(A) Only preventive aircraft maintenance as described in 14 CFR Part 43 may be performed on the leased or rented hangar property;

(B) All other aircraft maintenance services must be performed by an appropriately permitted FBO, SASO, MSP or by the operator in accordance with 14 CFR Part 43.3(d);

(C) Experimental aircraft construction and maintenance is allowed in accordance with 14 CFR Parts 21 and 65;

(D) Painting and welding activities, and storage of any hazardous or combustible materials, shall be permitted within the hangar property only as permitted by the Uniform Fire Code;

(E) The piling and storage of crates, boxes, barrels, containers, refuse, and surplus property shall not be permitted outside the hangar; and

(F) All maintenance activity shall be in accordance with the requirements of the Uniform Fire Code.

(12) Each SASO providing new and/or used aircraft sales and aircraft brokerage services shall:

(a) Provide at least one (1) qualified aircraft salesperson that has a current commercial pilot certificate, with appropriate aircraft type ratings, and registered with the Department in compliance with Oregon aircraft registration laws;

(b) Keep premises open and services available as follows:

(A)Category II, III and IV Airports: during established business hours as recorded with the ODA.

(B)Category V Airports: to meet market demand.

(c) Be registered with the Department as an aircraft dealer.

(13) Each SASO providing restoration, painting or refurbishing services for aircraft structures, propellers, accessories, interiors, exteriors, and components shall:

(a) Provide at least one (1) qualified person who possesses certificates appropriate for the work performed;

(b) Keep the operation open and services available as follows:

(A)Category II, III and IV Airports: during appropriate business hours, five (5) days a week, excluding holidays.

(B)Category V Airports: to meet market demand.

(c) Meet all requirements of the Uniform Fire Code.

(14) Each SASO providing specialized commercial flying services, such as, but not limited to, non-stop sightseeing tours, aerial photography or surveying, power line or pipeline patrol, firefighting or fire patrol, air ambulance, airborne mineral exploration, banner towing, and other air transportation operations specifically excluded from 14 CFR Part 135, shall:

(a) Provide at least one (1) qualified person who holds a current FAA appropriate pilot certificate and medical certificate, with ratings appropriate for the operator's aircraft, and registered as an Oregon pilot in compliance with the Department's registration laws;

(b) Keep the operation open and services available as follows:

(A)Category II, III and IV Airports: during appropriate business hours, five (5) days a week, excluding holidays.

(B)Category V Airports: to meet market demand.

(c) Own or lease at least one (1) airworthy aircraft, appropriately registered in compliance with the Department's aircraft registration laws; and

(d) Maintain up-to-date copies of Material Safety Data Sheets (MSDS).

(15) Any SASO engaging in the transportation of persons for commercial parachuting, instruction in parachuting, and rental and sales of parachuting equipment shall:

(a) Provide at least one (1) properly certificated, airworthy aircraft, either owned or under lease, that has been registered with the Department in compliance with Oregon aircraft registration laws;

(b) Meet or exceed the Basic Safety Requirements (BSR) of the United States Parachute Association (USPA), 14 CFR Part 105, and related FAA Advisory Circulars; and

(c) Provide at least one (1) jump plane pilot who holds an appropriate pilot certificate, appropriately rated for the aircraft being operated, and registered with the Department in compliance with Oregon pilot registration laws.

(16) Any SASO engaging in aerial agricultural spraying or seeding shall:

(a) Provide at least one (1) person who holds a current FAA appropriate pilot certificate with ratings appropriate for the operator's aircraft and is registered with the Department in compliance with Oregon pilot registration laws;

(b) Own or lease at least one (1) properly certificated, airworthy aircraft that has been registered with the Department in compliance with Oregon aircraft registration laws;

(c) Provide a centrally drained and paved area of not less than ten thousand (10,000) square feet that meets all current requirements of state, federal and local agencies for purposes of aircraft loading, washing and servicing;

(d) Maintain complete compliance at all times with OAR 340-109-0010, Pesticide Residue Waste Management, and all applicable OARs contained within Division 57, Pesticide Control, Oregon Department of Agriculture;

(e) Employ specific safeguards and safe operating practices to prevent spillage, including:

(A) Clean-up and removal of all containers at the end of each day's activities;

(B) Maintenance of all loading and mixing facilities in good condition;

(C) Use of dry break devices or equivalent couplings to the aircraft-loading receptacle to prevent leaks of all materials;

(f) Position all aircraft and loading equipment as to not interfere with normal aircraft operations at the airport;

(g) Immediately remove contaminated surface materials from the lease property in the event of a small pesticide or pesticide solution spill, and treat the area of the spill with SuperBugs or an equivalent product;

(h) Immediately contain all material in the event of a reportable amount of spilled pesticide, and contact those agencies required to receive notification under Department of Environmental Quality (DEQ) regulations;

(i) Keep an appropriate spill kit on site, in a known and easily accessible location; and

(j) Store all chemicals on airport in accordance with the Material Safety Data Sheet (MSDS) requirements for that chemical, and provide current MSDS sheets available to Department upon request.

Or. Admin. Code § 738-035-0055

AVIA 1-2003, f. 2-24-03, c`ert. ef. 3-1-03

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 835.035, ORS 835.040, ORS 835.112

Stats. Implemented: ORS 835.035, ORS 835.040, ORS 835.112, ORS 836.055