Section 3356-4-44 - Unmanned aircraft (drones and model aircraft)(A) Policy statement. The operation of unmanned aircraft systems ("UAS"), including drones and model aircraft, is regulated by the federal aviation administration ("FAA") and relevant state law. Youngstown state university ("university") seeks to permit UAS's to be utilized productively in a manner that fully meets institutional, legal, public safety, and ethical responsibilities.(B) Purpose. To provide direction to anyone seeking to operate a UAS or model aircraft on or above university property or as part of university employment or university activities.(C) Scope. This policy applies to: (1) Employees, students, and student groups operating UAS's in any location as part of their university employment or as part of university activities;(2) The operation by any person of UAS's or model aircraft on or above Youngstown state university property;(3) The purchase of UAS's with funding through the university, including university accounts, grants, or Youngstown state university foundation accounts; and(4) The hiring or contracting for any UAS services by a university department, office, or unit.(D) Definitions. (1) "University property." Buildings, grounds, and land that are owned, leased, licensed or otherwise controlled by the university, including but not limited to any university air rights recognized by federal or state law.(2) "Unmanned aircraft system (UAS), unmanned aircraft (UA), or drone." Any unmanned aerial vehicle and all of the associated support equipment, control station, data links, telemetry, communications, and equipment necessary to operate the unmanned aerial vehicle from a distance of more than one foot via tether or remote control, including but not limited to drones, planes, model aircraft, helicopters, blimps, balloons, or kites. For purposes of this policy, collectively referred to as UAS.(3) "Certificate of authorization (COA) or waiver." An authorization issued by the air traffic organization ("ATO") of the FAA to an operator for a specific UAS activity. A certificate of authorization may contain provisions or limitations to ensure the UAS can operate safely with other airspace users.(4) "333 exemption." An FAA exemption based on section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA") which grants the secretary of transportation the authority to determine whether an airworthiness certificate is required for a UAS to operate safely in the national airspace system.(5) "Model aircraft." Equipment used only for hobby and recreation purposes and not for commercial purposes.(6) "Operator." The pilot or individual who is controlling, maneuvering, or commanding a drone, unmanned aircraft, unmanned aircraft system, or model aircraft.(E) Procedures. (1) Any individual or group, including university employees, students and student groups, seeking to operate a model aircraft or UAS is responsible for obtaining all required documentation and approvals for compliance with FAA regulations, state and federal laws and university policies. This policy applies to YSU operations both on and off campus.(2) The university's office of environmental and occupational health and safety ("EOHS") shall be responsible for university procedures, approvals, and instructions regarding UAS and model aircraft operation on university property and for UAS operation pursuant to university employment or university activities. Operators should contact EOHS for applicable forms and procedures. (a) Operator must request prior approval from the EOHS at least two weeks in advance of the proposed use of the UAS using the YSU UAS (drone) use application. Approval will require submission of a flight plan, including date, time, and duration of flight, as well as the operational area.(b) Operator must possess a copy of the approved YSU UAS operations application at all times during flight activity and present to YSUPD or university representatives upon request.(c) If required, operator must obtain and provide a copy of the FAA authorization to operate a UAS. Instructions for seeking FAA approval and safe operation information are available at www.faa.org/uas and knowbeforeyoufly.org.(d) UAS must only be operated by an employee as part of their employment or student as part of an academic/research program.(3) Any use of UAS or model aircraft over university property other than by university students, employees, or vendors, as part of university employment or activities, is only allowed after receiving written approval from the EOHS, and is only permitted pursuant to a written agreement which holds the university harmless from any resulting claims or harm to individuals and damage to university property and provides proof of insurance as required by EOHS.(4) If UAS's are being used to obtain photos, video, or sound for non-university commercial purposes, university commercial use policies must also be followed. In addition to all other requirements, permission for such use must be granted in writing from the office of marketing and communications.(5) UAS's shall be operated in a responsible manner and shall not create a hazard to university owned or controlled property, the university community, or the public at any time, and shall not be operated in a way that disrupts instruction or unduly affects the environment of people in or passing through a common space, those working or studying within a building, or those entering, exiting or otherwise making their way about a facility. UAS may not operate over areas of assembly, stadium, or populated areas without specific, prior approval from EOHS.
(6) In operating a UAS for purposes of recording or transmitting visual images, operators must take all reasonable measures to avoid violations of areas normally considered private and the unauthorized interception or recording of images, electronic communications and electronic data.(7) Any person who observes the use of any UAS or model aircraft on university property should immediately notify the university police department at 330-941-3527.(8) UAS purchase must be coordinated with YSU procurement to ensure purchasing compliance, compliance with export controls, and weight and wingspan limits for insurance coverage.(9) YSU-owned UAS must be securely stored when not in use and a checkout log maintained when UAS is in use.(10) Because the YSU campus is near the Youngstown/Warren regional airport, notification may be required.(F) Prohibited uses.(1) UAS's and model aircraft shall not be used to monitor or record areas where there is a reasonable expectation of privacy in accordance with university policy and social norms. These areas include but are not limited to restrooms, locker rooms, individual residential rooms, changing or dressing rooms, and healthcare rooms.(2) UAS's and model aircraft shall not be used to monitor the inside of university facilities, including but not limited to campus daycare facilities.(3) UAS's and model aircraft shall not be used to monitor or record sensitive or personal information that may be found, for example, in an individual's workspaces, on computer, or other electronic displays.(G) Violations. (1) Any violations of this policy will be dealt with in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university for employees and sanctions for students up to and including expulsion from the university.(2) Legal prohibitions regarding physical presence on campus, such as trespass, and other legal action may also be pursued against third parties that operate a UAS or model aircraft in violation of this policy.(3) Fines or damages incurred by individuals or units that do not comply with this policy will not be paid by the university and will be the responsibility of those persons involved.Ohio Admin. Code 3356-4-44
Effective: 12/31/2020
Promulgated Under: 111.15
Statutory Authority: 3356
Rule Amplifies: 3356
Prior Effective Dates: 01/17/2016