Drone/Unmanned Aircraft Systems (UAS) Policy : University of Dayton, Ohio

Drone/Unmanned Aircraft Systems (UAS) Policy

Purpose

To establish standards for the safe operation and use of an Unmanned Aircraft System (UAS), also known as Unmanned Aerial Vehicle (UAV) or Drones, at the University of Dayton (University). To ensure that they are flown safely, to protect the privacy rights of individuals and to ensure they are operated in compliance with all Federal Aviation Administration (FAA) rules and all applicable federal, state and local laws.

Scope

The scope of this policy applies to the operation of all UAS on University property, University controlled property, or for University-affiliated research or events held elsewhere.

Policy History

Effective Date: October 17, 2016

Approval: February 9, 2023

Policy History:

Approved in original form: October 17, 2016
Approved as amended: December 14, 2018
Approved as amended: February 9, 2023

Maintenance of Policy: Vice President for Safety, Risk & Compliance, Division of Audit, Risk & Compliance

Definitions

(a) “University Approved Certified Remote Pilot in Command” – Any individual who meets the requirements as specified in the Code of Federal Regulations (14 CFR) Part 107 and completes internal University training to assure any UAS operations under their control complies with university policies and procedures who will either perform or directly supervise all UAS operations.

(b) “Code of Federal Regulations (14 CFR) Part 107” – FAA regulations which regulate all aspects of UAS operations.

(c) “Federal Aviation Administration (FAA)” – The United States federal agency that regulates all aspects of Small UAS operations.

(d) “Emergency” – An urgent situation where action is taken to promote the safety and security of persons and/or property.

(e) “Sponsored Individuals or Entities” – Individuals or entities who conduct actions by invitation of a sanctioned member of the university for some purpose which benefits the university.

(f) “Reasonable Expectation of Privacy” – Locations where there is an objective expectation of privacy. Examples include but are not limited to restroom, locker rooms, residence facilities, and health treatment and medical facilities.

(g) “University Property” – Any land, grounds, buildings, or facilities owned, leased, or used by the University of Dayton per formal contractual or legal agreements. Also included are university owned streets, sidewalks, and bike paths.

(h) “University Sponsored Event” – Any university hosted, or affiliated event including but not limited to educational and research activities, student meetings, athletic events, and university promotional gatherings.

(i) “Small Unmanned Aircraft System (small UAS)”– Any remotely operated or controlled aircraft intended to fly within the National Airspace System. Includes devices commonly referred to Unmanned Aerial Systems or drones. May also include communications, support, and navigational equipment. Capable of sustained flight in the atmosphere; and flown within visual line of sight of the aircraft operator. Must not exceed a weight of 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft. Requires FAA registration and appropriate marking prior to any flight operation. FAA regulations apply to all types of UAS.

(j) “Large Unmanned Aircraft System (large UAS)”– Any remotely operated or controlled aircraft intended to fly within the National Airspace System. Includes devices commonly referred to Unmanned Aerial Systems or drones. May also include communications, support, and navigational equipment. Capable of sustained flight in the atmosphere; and flown within visual line of sight of the aircraft operator. Weight equal to or exceeding 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft. Requires FAA registration and appropriate marking prior to any flight operation. FAA regulations apply to all types of UAS. A large UAS requires an approval FAA Section 44807 (Previously Section 333) exemption to 14 CFR Part 107 prior to operation.

(k) “Class G Airspace”- The FAA defines Class G airspace as “uncontrolled airspace” which means it have no entry or clearance requirements, and it very near to the ground (1,200 feet or less), beneath Class E airspace and between class B-D cylinders around towered airstrips. UAS pilots must remember that all FAA regulations still apply even though Class G airspace is uncontrolled and does not mean it is unregulated.

Policy

The University of Dayton is committed to providing an academically vigorous, safe, and secure environment for all individuals and organizations. Unmanned aircraft systems (UAS) offer opportunities for teaching and research and provide the University community with valuable experiences in a wide range of academic disciplines and research. Operation of a UAS is regulated by the Federal Aviation Administration (FAA) and by federal, state, and local laws.

Both internally operated and third party operated UAS activity on university property or at any university sponsored event must receive approval in advance in accordance with this policy.

All sanctioned UAS operations must adhere to the regulatory requirements of the Code of Federal Regulations (14 CFR) Part 107.

Recreational use of a UAS on or above University property or any university sponsored event is not permitted.

I. All UAS activity, including University-owned, must be registered with Risk Management & Insurance (RMI). Entities wishing to operate a UAS on or above University Property shall comply with University Guidelines in Appendix A.

II. Third-party operated UAS must be granted permission by RMI and adhere to the following requirements.

i. The plan must follow University Guidelines in Appendix A.
ii. Provide a certificate of insurance meeting the requirements in Appendix B.
iii. Sign the Operator/Owner Agreement in Appendix C.

III. UAS for Commercial Use in Glass G airspace

UAS used for compensation, hire, or any other business purpose, notwithstanding rights under the Code of Federal Regulations (14 CFR) Part 107, do not have permission to film or otherwise photograph University property unless in compliance with the University filming guidelines. (https://udayton.edu/news/filming-guidelines.php)

IV. All UAS activity (including commercial and/or those with rights under utilizing film, video or photography must comply with the University filming guidelines (https://udayton.edu/news/filming-guidelines.php).

RESPONSIBILITY FOR ENFORCEMENT, REMEDIES, SANCTIONS

A. The University Approved FAA Certified Remote Pilot in Command is the on-scene pilot and represents the University during any approved UAS operation and has the authority to direct and/or ground any operation they deem to be in violation of FAA regulations or University policies and procedures.

B. Risk Management & Insurance has the ability to grant permission as well as deny flight requests. RMI will notify Public Safety of all permissible UAS activities and flight plans.

Reference Documents

University of Dayton Student Code of Conduct
University of Dayton Unmanned Aircraft Systems (UAS) checklist document
Third party UAS requirements
Small UAS FAA Regulations Fact Sheet

Applicable Regulations

Code of Federal Regulations (14 CFR) Part 107

Appendix A

University of Dayton guidelines to operate a UAS (drones) on University Property

I. Submit a written request to Risk Management & Insurance (RMI):

a. Outlining the proposed fight schedule and proposed flight activity;

b. Identifying any person that will be operating a UAS on University Property;

c. Providing the FAA UAS registration number (if applicable);

d. Providing the manufacturer and model number of the UAS to be operated;

e. Providing all specifications of the UAS (e.g., weight, maximum range, maximum altitude, whether the UAS has dual controls, whether the UAS has “return home” programming, etc.);

f. Indicating whether such UAS operation will involve recording or transmitting visual images; and

g. Agreeing that UAS operation will not be used for surveillance in violation of another party’s reasonable expectation of privacy.

II. Such written request shall also provide the following:

a. documentation that your UAS meets FAA requirements;

b. a copy of the remote pilot in command's valid and unexpired remote pilot license; and

c. a list of any operational waivers received from the FAA or a copy of the valid and unexpired Certificate of Authorization (COA).

III. Obtain the written permission of RMI indicating the time, place, and manner of the proposed UAS operation.

Appendix B

I. Insurance Requirements

A. Workers’ Compensation
Statutory (Ohio) Limits and Coverage

B. Employers’ Liability (Ohio Stop Gap) Limits
$1,000,000 Each Occurrence

C. General Liability Limits
$1,000,000 General Aggregate per Project
$1,000,000 Products/Completed Operations Aggregate
$1,000,000 Each Occurrence
$1,000,000 Personal & Advertising Injury
$ 100,000 Fire Damage Liability
$ 5,000 Medical Payments per Person

D. Umbrella or Excess Liability
$2,000,000 General Aggregate

E. Professional Liability
$1,000,000 Each Claim
$2,000,000 Annual Aggregate

F. Automobile Liability
$1,000,000 Each Accident for owned, leased, hired and non-owned autos

G. Aviation Liability
$1,000,000 Each Occurrence
$3,000,000 General Aggregate

H. Insurance Companies

All required insurance policies shall be written through insurance companies licensed to do business in the State of Ohio and have a minimum rating of “A” (A. M. Best or equivalent). Insurers with lower than an “A” rating or unlicensed in the state of Ohio shall be subject to the approval of UD’s Department of Risk Management & Insurance.

I. Additional Insured

The Commercial General Liability shall include the following as Additional Insured:

University of Dayton, its affiliates and subsidiaries, members, officers, employees, volunteers, Coverage provided shall be primary to the Additional Insured’s and not contributing with any other insurance or similar protection available to the Additional Insured’s whether other available coverage be primary, contributing or excess.

J. Certificate of Insurance/Policy Copy

A Certificate of Insurance evidencing the insurance requirements and additional insured status on the General and Aviation Liability policies is required. Also required, upon request, is a full and complete copy of the policies of insurance. All such certificates/notices and policy copies are to be sent to: Risk Management & Insurance, 300 College Park, Dayton, Ohio 45469-1642, mkeenan1@udayton.edu (Margie Keenan)

K. Property

Operator’s Property- Responsibility for loss and insurance coverage for this property is the sole responsibility of the Operator/Owner.

II. Permission by the University has been granted

University representatives have hired or granted permission for the desired UAS usage on campus.

III. Register drone activity with Risk Management & Insurance

Contact Margie Keenan in Risk Management & Insurance at mkeenan1@udayton.edu to register your UAS activity. This will include providing documentation that your UAS meets FAA requirements and to provide a certificate of insurance.

Appendix C

UAS Operator/Owner Agreement

CONTROL OF PERFORMANCE AND DAMAGES

The UAS Operator will control the details and manner of service. Notwithstanding this control by Operator, the University of Dayton may stop work deemed to be in violation of state or federal law or applicable ordinances. Damages to the premises, equipment or properties of the University of Dayton caused by the Operator or its equipment, either intentionally or through negligence, will be paid for by the Operator and may be deducted by the University from the contracted fee.

SUBJECT TO UNIVERSITY POLICIES

UAS Operator is subject to University policies and procedures. Operator agrees to familiarize themselves with applicable policies, such as policies and protocols on photography, use of logo, etc., as well as those policies that may pertain to the scope of Operator’s work. Such University policies and procedures, as they may exist from time to time, including the compliance requirements set forth in them, are incorporated herein by reference.

INDEMNIFICATION

UAS Operator shall defend, indemnify, protect, and hold harmless and reimburse the University, its members, trustees, officers, agents, representatives, employees and students from and against any and all claims, demands, actions, suits, damages, liabilities, costs, and expenses, including reasonable attorney’s fees and disbursements arising out of or in connection with any injury to, damage to, death to or loss of any persons or property, or breach of any of Operator’s representations, warranties or obligations or any violation of any applicable laws or regulations resulting from or in connection with the use of UAS.

UNIVERSITY NAME AND LOGO

UAS Operator shall not use or register the name “University of Dayton” alone or as part of another name or any logos, seals, insignia or other words, names, symbols or devices that identify University of Dayton or any University of Dayton school, division or affiliate for any purpose except with the prior written approval of, and in accordance with any restrictions required by the University of Dayton. Any approved use must be consistent with the University’s brand guidelines available at https://porches.udayton.edu/group/marcomm/brand.

REASONABLE EXPECTATION OF PRIVACY

UAS operation will not be used for surveillance in violation of another party’s reasonable expectation of privacy.

STANDARD OF BEHAVIOR

UAS Operator agrees to recognize and act in accordance with the Catholic and Marianist standards of honesty, dignity, and respect. Vendor agrees not to engage in any conduct in violation of any state or federal statute, regulation or ordinance, conduct involving moral turpitude; conduct in violation of the University’s Policy Prohibiting Illegal, Fraudulent, Dishonest, and Unethical Conduct; or any other conduct that is inconsistent with, embarrassing to or destructive to the University’s identity as a Catholic and Marianist institution.

The undersigned has carefully read and understand the terms and conditions of this Terms and Conditions and has the authority to bind the Vendor.

University of Dayton: Vendor:

Signature: ________________ Signature: __________________

Print name: ________________ Print name: _________________

Title: ________________ Title: _________________

Date: ________________ Date: _________________