Drones for Construction: What You Should Know
The use of drones in construction has quickly
made its way from concept to reality in recent years. With rapidly evolving
technologies and the government’s response to their adoption, industry members
shouldn’t be learning the dos and don’ts on the fly.
That
was the message from construction lawyer Trent Cotney during a recent
presentation at the “Best of Success” conference.
“Less
than a month ago, the law was completely different. That’s how fast things are
changing,” he said. “And I guarantee you six month from now, the law will
change again. So it’s something you want to constantly keep up with.” He said
that 20 years ago, drones were nothing more than RC vehicles. “The drones being
used today are much different … these are no longer just toys.”
Drone Usage
A
potential use of drones in the glass and glazing industry is during the
installation phase. Workers on-site can use them to monitor progress, identify
issues and inspect quality without having to physically elevate up many
stories.
Cotney
discussed other primary ways drones are used in construction, and these could
apply to the glass and glazing industry from a retrofit perspective. One
primary application is for sales and marketing purposes.
Managers
bidding on a job can go on site with the customer and fly a drone up to the
application in question to further examine and discuss their scope of the work.
“Better yet, you can provide that video footage or photographic evidence and
make it part of your proposal,” he said.
Cotney
has also seen subcontractors use drones for estimating to identify “something
very specific” that could alter price or the scope of work. The third use he
noted was safety, as problem areas can be identified well in advance and taken
into consideration before getting involved with or beginning the job.
New Regulations
He
later discussed the federal government’s efforts in recent years to regulate
commercial drone usage, noting that the first couple attempts “fell flat.” He
says the application process wasn’t streamlined and the average wait time to
get authorized was six months long. “The government said, ‘This isn’t
working,’” he said.
The
federal government, however, recently proposed and put into effect new rules
for “non-hobbyist small unmanned aircraft (UAS) operations” at the end of
August, and he briefed attendees on some of the key points of the rules. The
rules are under Part 107 of the Federal Aviation Regulations.
To
start, the drone in use must weigh less than 55 pounds. “What’s interesting is
that drone manufacturers are also trying to keep up with regulations,” said
Cotney.
The
drone also cannot fly higher than 400 feet in the air, and it can’t leave
the operator’s visual line of sight. This means a second person is needed as an
operator if, for example, they want to use goggles to monitor the drone.
Other
rules important to consider, he says, are that the operator can’t fly over
people unless they’ve consented to the inspection process, they can’t fly at
night and can’t operate the drone from a moving vehicle.
Prior
to operation, the drone requires a pre-flight inspection. “This is to make sure
everything is secure and that the drone is operating exactly as it should
before putting it up in the air,” he said.
Liabilities and Precautions
Cotney
then explained key liabilities and precautions to consider when using drones
for construction. “I have concerns with the use of drones for a variety of
reasons,” he said. “There are things you want to think about contractually.”
He
said it is imperative the contractor gets written permission from the customer
to use the drone, as “that air space is part of their property.” He said the
customer must acknowledge that the drone won’t be recognized as trespassing or
a nuisance, and that the images can be used as the contractor sees fit. He said
the contractor could take that a step further and have the customer waive any
consequential damages of the drone usage.
“What
kinds of things could happen with drone usage? Well, it could hit the property
or someone else, or a power line—all different kinds of things can happen,” he
said. “That’s why you’ve got to think about it from a liability standpoint.”
Cotney
concluded with a look ahead to the next five to ten years, noting that drones
could even be used to actually physically move or remove elements on the
building.
“This
is why I think it’s important as an industry that we’re involved in the
regulations,” he said.
From USGlass News Network
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606
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