Sec. 11.03.01.06. Commercial Activity

A. Commercial activity is permitted at the Airport only when expressly authorized in writing by and in a manner prescribed by the Administration. Commercial activity includes, but is not limited to:

(1) The sale or merchandising of any goods or services;

(2) The advertising or promotion of any goods or services;

(3) All commercial photography and recording, unless specifically exempted by the Administration.

B. Maintenance and Repair of Leased Premises.

(1) The Administration is responsible for the maintenance, repair, and custodial services as specified in each of the tenant lease agreements.

(2) Tenant Responsibility.

(a) Tenants shall be responsible for repairs to leased premises which are damaged due to improper operation, misuse, or negligence of a tenant, or agent or agents of the tenant operating under control of the tenant. Repair of the premises shall be made at the tenant's own expense.

(b) The Administration shall be notified in writing whenever a tenant engages a contractor for the purpose of repairs and reserves the right to disapprove a contractor if there is reason to believe the contractor's performance will be unsatisfactory.

(c) Repair work shall be inspected and approved by the Administration before the release of a tenant from responsibility for the damage and repairs, whether the work was performed by the tenant or by a contractor hired by the tenant.

(3) The Administration shall only provide custodial services which are specifically provided for in the contract/lease agreement between the Administration and the tenant.

C. Building Permits.

(1) Construction or modifications to existing facilities in or on State-owned property under the jurisdiction of the Administration may not be undertaken without prior issuance of a building permit.

(2) The application shall be approved and the permit issued before the initiation of any construction or modification activities.

(3) The application for a building permit shall be accompanied by a complete set of plans and specifications for the work that is planned to ensure that the project is in compliance with applicable building codes, fire regulations, and other standards.

(4) Any construction work, installation, modification, or other work which does not comply with the approved application is subject to removal by the Administration at the applicant's expense.

(5) The building permit shall be displayed on the construction site at all times.

(6) All building, construction, and modifications to existing or new structures shall comply with the International Building Code, International Existing Building Code, NFPA 1 Uniform Fire Code, NFPA 101 Life Safety Code, and all other pertinent codes adopted by the State and the Maryland Aviation Administration.

D. Minimum Standards for Commercial Aeronautical Activities.

(1) This section is applicable to any commercial activity which involves or is required for the operation of aircraft or which contributes to the safety of aeronautical operations.

(2) The activities in §D(1) of this regulation include:

(a) Charter operations;

(b) Pilot training;

(c) Aircraft rental and sightseeing;

(d) Aerial photography;

(e) Crop dusting;

(f) Aerial advertising and surveying;

(g) Air taxi operations;

(h) Aircraft sales and services;

(i) Sale of aviation petroleum products;

(j) Repair and maintenance of aircraft parts; and

(k) Air freight ground handling services.

(3) The Administration shall establish minimum acceptable qualifications to ensure that the level and quality of service, as well as other conditions, shall be adhered to by those conducting commercial activities at the Airport.

(4) The Administration may extend the opportunity to engage in commercial aeronautical activities at the Airport to applicants who meet the Administration's published standards for those activities, providing there is available suitable space at the Airport for the conduct of these activities, and have an Administration approved application for lease.

(5) An applicant wishing to engage in commercial aeronautical activities at the Airport shall submit a letter of application to the Administration. The letter shall include the type of activity that the applicant wishes to engage in, what facilities, or space, or both, are requested to accomplish the activity, and an outline of the operation of the intended activity at the Airport.

(6) The applicant shall furnish the following documents when submitting a letter of application:

(a) Evidence of organizational and financial capability to provide the proposed activity;

(b) Business and financial references; and

(c) A copy of the applicant's annual financial report, and that of the parent company if a wholly owned subsidiary, for the last complete fiscal year showing the applicant's assets and liabilities and the value of its unencumbered capital assets.

(7) The annual report in §D(6)(c) of this regulation shall be certified by a certified public accountant. If unable to provide the annual report, the applicant shall provide bank references and other records necessary to substantiate the applicant's financial status.

E. Performance Requirements for the Ground Handling of Passenger-Carrying Air Carriers and Commercial Operations.

(1) This section applies to all fixed based operators, ground handling operators, and air carriers performing ground handling services at the Airport.

(2) Commercial air carriers operating at the Airport that are not expressly granted ground handling rights in their agreements with the Administration shall be handled by an authorized fixed base operator, ground handling operator, or tenant air carrier (after this referred to as "operators").

(3) Operators shall obtain approval from the Administration for each nontenant operation including assignment of aircraft parking space, holdroom use, and other terminal facilities. Requests for approval shall be submitted at least 10 days before the scheduled flight date or at the earliest practicable time.

(4) Costs and financial charges to nontenant air carriers/commercial operators shall be reasonable as measured by comparing the cost of providing these services to charges levied for similar services at other airports.

(5) Airport fees including landing, ticket counter, and holdroom fees collected by operators shall be forwarded to the Administration.

(6) On the basis of the Administration's evaluation of the activity, operators who fail to meet the prescribed performance requirements may be denied authorization to continue to conduct ground handling for passenger-carrying flights.

(7) In agreements between operators and air carriers and commercial operators of large aircraft, operators shall stipulate the requirement that Administration performance standards be met, along with applicable State or federal regulations.

F. Standard Rates and Fees at Baltimore/Washington International Thurgood Marshall Airport. The Administration has established standard rates and fees for rental of space at the Airport. These rates and fees are available upon request.

G. Festivals, Exhibits, and Trade Shows. A public or special event held at the Airport requires a Special Use permit authorized by the Administration and issued by the fire marshal in accordance with COMAR 29.06.01.