Environmental Health & Safety Manual (EHS)


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Effective:7/1/2019

Revised: 7/1/2022

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EHS 707: Unmanned Aircraft Systems or Drones

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Purpose

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Arizona State University (“ASU”) recognizes the value and potential involved in the development and use of Unmanned Aircraft Systems (“UAS”), including drones, as part of ASU’s academic and research missions. ASU also recognizes that the use of UAS creates certain challenges with respect to the safety and privacy of the ASU community and the public as a whole.

The Federal Aviation Administration (“FAA”) and relevant state law regulate the operation of all UAS. ASU adopts this Policy to ensure compliance with those legal obligations and to reduce the risks to the safety, security, and privacy of all individuals.

Any use of UAS on ASU Property or any use by any ASU employee, faculty, or student must receive advance approval in accordance with this Policy and must comply with all FAA Requirements and Other Laws and Regulations.

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Sources

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Federal Aviation Administration: Unmanned Aircraft - https://www.faa.gov/uas
Sky Harbor International Airport‐Fly Your Drone Responsibly‐ https://www.skyharbor.com/Business/RulesAndRegulations/drones
Phoenix-Mesa Gateway Airport - https://www.gatewayairport.com/droneoperators
Arizona Revised Statute §§13-3729 & 13-3019
Student Code of Conduct - https://public.azregents.edu/Policy%20Manual/5-308-Student%20Code%20of%20Conduct.pdf
Photos and Videos on campus - https://brandguide.asu.edu/

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Applicability

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This Policy applies to:

  1. ASU faculty, staff, or students operating UAS in any location, whether on ASU Property or not, as part of their University employment or as part of ASU activities or special events.
  2. The operation by any person, group, or organization of any UAS on or above ASU Property.
  3. The purchase of UAS with funding through ASU, including university accounts, grants, or Foundation accounts.
  4. Any ASU unit hiring or contracting with a third party to provide for any UAS services.

This Policy does not apply to any operation of UAS for a purpose unrelated to ASU academics, research, or employment and where the operation of the UAS is not on or above ASU Property.

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Policy

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  1. Use of UAS.
    1. Use of UAS on ASU Property. The use of any UAS on or above ASU Property by any person is prohibited unless approved in advance, in accordance with this Policy. Any recreational use on  or above ASU Property is prohibited.
    2. Use of UAS by ASU Faculty, Staff, or Students. The use of any UAS by any ASU faculty, staff, or student in any location, whether on ASU Property or not, as part of any ASU academic, research, athletic, or other activities or special events is prohibited unless approved in advance, in accordance with this Policy.
  2. Compliance with Laws. Any person approved to use UAS under this Policy must comply with all FAA Requirements, Other Laws and Regulations, and all other ASU policies and procedures.
  3. Permission from Property Owner.  If an ASU faculty, staff, or student intends to use a UAS on or over real property not owned by ASU, the person must obtain written approval from the property owner prior to the usage of the UAS on the property and obtain advance approval in accordance with this policy
  4. Authorization Procedure for Use of UAS.
    1. ASU REM Procedures. ASU Risk & Emergency Management (“ASU REM”) will develop and maintain procedures for the approval of any UAS usage in compliance with this Policy. As part of such procedures, any person subject to this Policy will be required to submit a UAS Request Form to ASU REM no later than 15 days prior to the usage of the UAS.
    2. UAS Request Form. ASU REM will develop and maintain the UAS Request Form, which will require, at least, the following information:
      1. Documentation of compliance with all FAA Requirements and Other Laws and Regulations, including (if necessary): a Part 61 Pilot Certificate for the operator and any pertinent Remote Pilot Certificates, a Part 107 Waiver, Section 333 Exemption Documentation, a Certificate of Authorization (“COA”), compliance with the FAA UAS Registration System, and compliance with local Air Traffic Control or FAA Flight Standards District Office.
      2. A description of the proposed: i) dates and times of the UAS usage; ii) the identity of the UAS operator(s); iii) UAS that will be used; iv) the location and flight path of the UAS; and v) the flight purpose (academic, research, marketing, etc.).
      3. If the proposed UAS will fly over or on real property not owned by ASU, documentation of the property owner’s authorization.
      4. If the flight will be conducted by someone other than an ASU employee, faculty member, or student (such as a contracted flight operator), documentation of the flight operator’s liability insurance and contractual agreement for indemnity and assumption of the risk, as noted below.
    3. Review of Requests.
      1. ASU REM will review all requests for UAS use. As necessary depending on the proposed scope of the request, ASU REM will consult with representatives from: i) Environmental Health and Safety; ii) the ASU Fire Marshall; iii) ASU Police Department; iv) ASU Office of General Counsel; and v) the ASU’s Provost’s Office. ASU REM may also seek input from colleges and departments impacted by the proposed UAS usage.
      2. In evaluating the request, the following criteria will be considered: i) the purpose of the proposed use and its connection to the mission of ASU; ii) potential risk to the health and safety of ASU community members and the public; iii) potential risk to ASU Property or other property; iv) privacy considerations of individuals; and v) overall compliance with FAA Requirements, Other Laws and Regulations and ASU policies.
      3. ASU REM will issue a written decision on each request for UAS use. If approved, the decision may impose conditions on the UAS flight(s), including changing the days or time of the flight, imposing reasonable restrictions on the flight, or requiring other documentation. The decision by ASU REM is final and ASU has the right to revoke the approval at any time.
  5. Indemnity/Assumption of Risk. If the flight will be conducted by someone other than an ASU employee, faculty member, or student (such as a contracted flight operator), the flight operator must contractually agree to be responsible for any damage to persons or property resulting from the UAS flight(s) and to execute an indemnity agreement agreeing to indemnify ASU from any claims resulting from the UAS flight(s).
  6. Insurance Requirements.  ASU REM will determine the appropriate amounts of insurance for UAS operations on ASU Property by someone other than an ASU employee or faculty member (such as a contracted flight operator).
  7. Privacy Considerations. Any UAS flights under this Policy will comply with and take all practical measures to avoid violating anyone’s privacy, including without limitation the following:
    1. Restricted Areas. UAS are prohibited from monitoring, photographing, or recording areas where there is a reasonable expectation of privacy. These areas include, but are not limited to, restrooms, locker rooms, ASU student housing facilities, changing or dressing rooms, health treatment rooms, ASU laboratories, ASU employee offices, and private residential properties. UAS are not permitted in or near such areas without specific written approval.
    2. Photo/Video Permission. If the UAS will record video or take photographs where any student, faculty member, employee or member of the public is visibly recognizable in the video or photograph, such persons must sign the ASU photo and recording release form prior to the flight. In addition, flight operators must comply with all ASU policies and procedures relating to photographs and video capture, including those listed at https://brandguide.asu.edu/executing-the-brand/photography#quicktabs-photography_3_1=4.
  8. Operating Rules.  Unless otherwise approved in writing, any UAS usage under this Policy will comply with the following requirements:
    1. The flight operator will keep the UAS in sight (visual line-of-sight) at all times;
    2. The UAS will remain under 400 feet;
    3. All flights must be during the day;
    4. The UAS will not exceed 100 mph;
    5. The UAS will no fly over people;
    6. The flight operator will not operate the UAS from a moving vehicle.
  9. ASU Purchase of UAS. Any ASU employee, student, or unit purchasing a UAS (or the parts to assemble a UAS), or UAS services with university funds or funds being disbursed through a university account, or grant funds, must provide ASU REM with the COA, and Operators Certificates for any ASU operators.
  10. Definitions.
    1. “ASU Property” includes any buildings, grounds, and real property that are owned or controlled by ASU, including any leased or licensed property.
    2. “FAA Regulations” refers to all of the laws and regulations issued by the Federal Aviation Administration regarding the use or operation of UAS or other aircraft.
    3. “Other Laws and Regulations” refers to any Federal, State, or Local statute, rule, or regulation relating to the use or operation of UAS or other aircraft.
    4. “Unmanned Aircraft Systems” (UAS) as used in this Policy refers to an aircraft of any size without a human pilot onboard.  UAS include systems that are remotely piloted or that are autonomous.  UAS include, but are not limited to drones, model aircraft, unmanned flying vehicles, and unmanned helicopters. According to the FAA, a UAS is the unmanned aircraft and all of the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate the unmanned aircraft.

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