Equity Building 

Inspection 

Residential Homes | Commercial Properties | Mold Testing | Infrared Investigations 

310-540-0200 

www.equityinspection.com 

2390 Crenshaw Blvd. Ste 404 

Torrance, CA 90501 

Michael Boeger

Certified ASHI, CREIA Inspector

U.S. Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE., 

Washington, DC 20590 

Re: Petition of Equity Building Inspection, for an Exemption Pursuant to Section 333 of the 

FAA Modernization and Reform Act of 2012 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") 

and 14 C.F.R. Part 11, Equity Building Inspection,. hereby applies for an exemption from the 

Federal Aviation Regulations ("FARs") identified below, to allow commercial operation of 

small unmanned aircraft or ("UAS") for conducting aerial inspections and photography of 

structures and facilities as part of exterior building evaluations and real estate transactions. 

This petition is based on information outlined in this Petition for Exemption, as well as the 

Phantom 3 Professional User Manual v1.2, Phantom 3 Professional Quick Start Guide v1.0, 

Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0, Phantom 3 Safety Guidelines 

and Disclaimer v1.0 (collectively "Manufacturer Manuals"), see Appendix B. 

Equity Building Inspection began providing residential and commercial property inspections 

in 1991. In the greater Los Angeles market, we are a leading inspection firm with expertise in 

property inspections and litigation support. Our inspectors consists of highly credentialed 

professionals who are certified member of the California Real Estate Inspection Association 

(CREIA) and the American Society of Home Inspectors (ASHI). I, Michael Boeger, also 

hold a Private Pilots License for Single Engine Land, which I have held since 1986. I 

also have hundreds of hours flying UAS type quad copters as a hobby. 

Equity Building Inspection seeks to utilize the latest UAS technologies to provide higher 

level of efficiency and safer services for our clients. Property inspections performed by 

Equity Building Inspection typically involve the physical inspection of outdoor structures for 

the assessment of current condition, damage and defects. These inspections typically involve 

recording images to document existing conditions. Depending on the nature of the inspection, 

obtaining images of certain physical features, such as roofs, may not be feasible due to 
dangerous conditions, limited access on the structure, risk of damage to structures, or the 

excessive height of the required viewing angle. 

The use of UAS-assisted photography and video will provide a practical means to 

perform property inspections that would be otherwise unsafe to our inspectors and the 

general public. The safety to the inspector, our clients, and the general public is of the 

upmost concern and is the main impetus for this request. 

The primary benefit of this technology would be to assist in the close, detailed aerial 

inspection and examination of building components. Inspection of steep-sloped roofs, multistory roofs, weathered roofs and tall chimneys for residential and commercial buildings are a 

few examples of where UAS-assisted photography would be of great benefit to our 

inspectors. 

The secondary benefit of this technology would be aerial photography and videography for 

real estate marketing, which is primarily available through manned fixed wing aircraft and 

helicopters. For small budget real estate companies and average homeowners the expense of 

such aerial photography and videography is cost prohibitive. Only large companies and high 

end Realtors or luxury homeowners can afford to absorb such expenses. Hence depriving 

non-luxury homeowners and lower budget Realtors from a valuable marketing tool. Manned 

aircraft pose a threat to the public through potential catastrophic crashes. UAS pose no such 

threat since size and lack of combustible fuel alleviates potential threats to the public. 

THE UNMANNED AIRCRAFTS (UA): 

• A lightweight (2.82 lbs. gross weight with all on-board equipment), battery operated 4-

motor rotorcraft in the form of a quadcopter that takes off and lands vertically, manufactured 

by DJI, Phantom 3 Professional which carries: 

• An on-board flight computer with GPS navigation and location ability that receives signals 

for flight controls from a ground-based transmitter/controller as well as an iOS or Android 

mobile device application: 

• An on-board camera capable of capturing imagery in the form of full color, 12 

megapixel still photos and 4K video; 

• An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal and 

vertical speed, compass direction of flight and direction back to its launch site; 

• A 2.4 Ghz on-board radio transmitter that transmits live video from the on-board 
camera plus all the flight data from the telemetry system described above; 

THE GROUND STATION-BASED PART OF THE SYSTEM: 

• A Pilot in Command (PIC) in operational control of a flight operation from beginning 

to end and who controls the UA while in the air; 

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight; 

• A radio receiver receiving live video and flight data from the on-board camera and 

computer projects it all together onto an iOS or Android device for the PIC to view during 

flight; 

• A Visual Observer (VO) is a person who provides a second pair of eyes to visually track the 

UA while in flight. 

The requested exemption would support an application for a commercial Certificate of 

Authorization to use the above described UAS to support aerial photography and video 

primarily of real property. The UAS will be operated in the field with both a PIC and a VO in 

accordance with FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS" 

and with the following Restrictions: 

a. No flight will be made with a UA Gross weight exceeding 55 pounds; 

b. All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an 

airspeed of no more than 25 knots; 

c. All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

d. Operations will be restricted to flights over private property with the permission of the 

property owner; 

e. The UAS will not be operated over densely populated areas; 

f. The UAS System will not be operated at air shows; 

g. The UAS will not be operated over any open-air assembly of people; 

h. The UAS will not be operated over heavily trafficked roads; 

i. The UAS will not be operated within 5 NM of an airport or heliport; 
j. Operations will be restricted to day only and weather conditions equivalent to VFR; 

k. The PIC will brief the VO and property owner about the operation and risk before the first 

flight at each new location; 

l. No flight may be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UAS is in a condition safe for flight (see Appendix A). 

We submit that the combination of the UA's light weight, flight performance and ability and 

strict operation under the guidelines established in 8900.227, and under all of the Restrictions 

(a) through (l) listed above, the FAA can have full confidence that the operation will have an 

equivalent or greater level of safety than manned aircraft performing the same mission. The 

name and contact information of the applicant is: 

Equity Building Inspection 

Attn: Michael Boeger 

2390 Crenshaw Blvd. Ste 404 

Torrance, CA 90501 

Tel: 310-540-0200 

Email: inspmike@gmail.com 

The regulations from which each exemption is requested are listed below. Each regulation is 

outlined in the attached Addendum with our proposed equivalent level of safety for each 

regulation: 

14 CFR Part 21, Subpart H 

14 C.F.R. Part 27 

14 C.F.R. § 91.7(a) 

14 C.F.R. § 91.9(b)(2) & 14 C.F.R. § 91.203(a) and (b) 

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a) 

14 C.F.R. § 91.103 

14 C.F.R. § 91.119 

14 C.F.R. § 91.121 

14 C.F.R. § 91.151(a) 
14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b) 

14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113 

We are prepared to modify or amend any part of this request to satisfy the need for an 

equivalent level of safety. Please contact us at any time if you require additional information 

or clarification. We look forward to working with your office. 

Sincerely, 

Michael Boeger AAI, CCI 

Equity Building Inspection 

See attached addendums. 

Addendum – containing Exemption Requests and Equivalent Level of Safety 

Appendix A – Flight Manual 

Appendix B – Manufactures Manuals 

ADDENDUM 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Equity Building Inspection requests an exemption from the following regulations as well as 

any additional regulations that may technically apply to the operation of the UAS: 

14 CFR Part 21, Subpart H: Airworthiness Certificates The FAA has stated that no exemption 

is needed from this section if a finding is made under the Reform Act that the UAS selected 

provides an equivalent level of safety when compared to aircraft normally used for the same 

application. These criteria are met, and therefore no exemption is needed. See Grant of 

Exemption to Astraeus Aerial, Docket No. FAA-2014- 0352 at 13-14, 22. If, however, the 

FAA determines that there are some characteristics of the chosen UAS that fail to meet the 

requirements of the Reform Act, an exemption is requested. 
14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft Title 14 C.F.R. Part 

27 sets forth the procedural requirements for airworthiness certification of normal category 

rotorcraft. To the extent that EQUITY BUILDING INSPECTION’s small UASs would 

otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's 

airworthiness standards for the same reasons identified in the request for exemption from: 

14 C.F.R. Part 21, Subpart H, supra. 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Equity Building Inspection seeks an exemption from 14 C.F.R. § 91.7(a), which requires that 

a civil aircraft be in airworthy condition to be operated. The FAA has stated that no 

exemption is required for 

14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found 

inapplicable. See Docket No. FAA-2014-0352 at 13-14, 22. Accordingly, Petitioner requests 

that the requirements for § 91.7(a) be treated in accordance with Section V(A), supra. 

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 

91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

Equity Building Inspection seeks exemption from 14 C.F.R. § 91.9(b)(2). Given the small 

size and configuration of the UAS, it would be impossible to keep airworthiness documents 

and other aircraft manuals on board the UAS because there is simply no room and the UAS 

has no cabin or cockpit. 

14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 

Equity Building Inspection seeks an exemption from the aircraft marking and identification 

requirements 

contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a). 

14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard requirements, 

provides that: No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter. 

14 C.F.R. § 45.23(b), Markings of the Aircraft, states: When marks include only the Roman 

capital letter "N" and the registration number is displayed on limited, restricted or light sport 

category aircraft or experimental or provisionally certificated aircraft, the operator must also 

display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not 

less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport, 

"experimental," or "provisional," as applicable. 
14 C.F.R. § 45.27(a), Rotorcraft, states: Each operator of a rotorcraft must display on that 

rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks 

required by § 45.23. 

In a previous Grant of Exemption, the FAA determined that exemption from these 

requirements was warranted provided that the aircraft "have identification (N-Number) 

markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as 

practicable." FAA Docket No. FAA-2014-0352. 

14 C.F.R. § 91.103: Preflight Action 

Equity Building Inspection seeks an exemption from 14 C.F.R. § 91.103, which requires a 

PIC to become familiar with specific information before each flight, including information 

contained in the FAAapproved Flight Manual on board the aircraft. While the PIC will be 

familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent 

that an FAA-approved Flight Manual is required. 

14 C.F.R. § 91.119: Minimum Safe Altitudes 

Equity Building Inspection seeks an exemption from the minimum safe altitude requirements 

of 14 C.F.R. § 91.119. Section 91.119 prescribes the minimum safe altitudes under which 

aircraft may not operate, including 500 feet above the surface and away from any person, 

vessel, vehicle, or structure in non-congested areas. See 14 C.F.R. § 91.119(c). Section 

91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can 

be operated "without hazard to persons or property on the surface," provided that "each 

person operating the helicopter complies with any routes or altitudes specifically prescribed 

for helicopters by the FAA." 

An exemption is required because the proposed UAS operations will occur below 200 feet 

AGL. Additionally, due the nature of the proposed operations, the Pilot and/or Observers(s) 

may need to be less than 500 feet away from the UAS. 

14 C.F.R. § 91.121: Altimeter Settings 

Equity Building Inspection seeks an exemption from 14 C.F.R. § 91.121, which requires a 

person operating an aircraft to maintain cruising altitude or flight level by reference to an 

altimeter that is set to the elevation of the departure airport or barometric pressure. An 

exemption is required to the extent that the UASs do not have a barometric altimeter, but 

rather GPS altitude display. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 
Equity Building Inspection seeks an exemption from 14 C.F.R. § 91.151(a)'s fuel 

requirements for flight in VFR 

conditions. The technological limitations on UAS battery power means that no meaningful 

flight operations can be conducted while still maintaining a 30-minute battery reserve. An 

exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. 

Additional information: Individual Equity Building Inspection Flight missions will be limited 

22 minutes or less. 

14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections 

Equity Building Inspection seeks an exemption from the maintenance inspection 

requirements contained in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and 

(b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. 

Part 43. See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft 

"[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between 

required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). 

An exemption from these regulations is needed because Part 43 and these sections only apply 

to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of 

exemption will not have. 

14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and 

Limitations. 

61.113: subsections (a) and (b) prescribe the following: 

a. No person who holds a private pilot certificate may act as a pilot in command (PIC) of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that person, 

for compensation or hire, act as PIC of an aircraft. 

b. A private pilot may, for compensation or hire, act as PIC of an aircraft in connection with 

any business or employment if - 

1. The flight is only incidental to that business or employment; and 2. The aircraft does not 

carry passengers or property for compensation or hire. 

Equity Building Inspection seeks exemption from 14 CFR § 61.113, which restricts private 

pilot certificate holders from flying aircraft for compensation or hire, and would also require 

a second class medical certificate. The purpose of Part 61 is to ensure that the skill and 

competency of any PIC matches the airspace in which the PIC will be operating, as well as 

requiring certifications if the private pilot is carrying passengers or cargo for hire. In this 

case, while the UASs will be operated as part of a commercial operation, it carries neither 
passengers nor cargo. In the Grant of Exemption to Astraeus Aerial17, the FAA determined 

that the unique characteristics of UAS operation outside of controlled airspace did not 

warrant the addition cost and restrictions attendant with requiring a the PIC to have a 

Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment of the 

additional requirements for a private pilot to become qualified as a commercial pilot would 

not lead to any additional safety benefits when UAS operations are involved. However, as I 

do hold a private pilot license, the level of knowledge and dedication to safety is indeed 

enhanced. 

APPENDIX A – FLIGHT MANUAL 

FLIGHT RESTRICTIONS 

a. No flight will be made with a UA Gross weight exceeding 55 pounds; 

b. All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an 

airspeed of no more than 25 knots; 

c. All operations must utilize a visual observer (VO). The VO and PIC must be able to 

communicate by voice at all times during a flight operation; 

d. Operations will be restricted to flights over private property with the permission of the 

property owner; 

e. The UAS will not be operated over densely populated areas; 

f. The UAS System will not be operated at air shows; 

g. The UAS will not be operated over any open-air assembly of people; 

h. The UAS will not be operated over heavily trafficked roads; 

i. The UAS will not be operated within 5 NM of an airport or heliport; 

j. Operations will be restricted to day only and weather conditions equivalent to VFR; 

k. The PIC will brief the VO and property owner about the operation and risk before the first 

flight at each new location; 

l. No flight may be made without a Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UAS is in a condition safe for flight. 
PRE-FLIGHT CHECKLIST 

1. Transmitter and UAS firmware is up to date; 

2. Determine that UAS battery is fully charged in order to prevent unexpected premature 

descent; 

3. Check all wiring connections and props are tight and locked; 

4. Position transmitter antennae in the up position to maximize signal strength; 

5. Check all propellers are undamaged and no cracks exist in any structural members of the 

UA; 

6. Turn on radio controller, check for adequate voltage, set it to connect to the UA, move all 

control switches to forward or down position and throttle control stick full back position; 

7. Connect UA main battery, check for radio contact with UA’s radio receiver; 

8. At a location different from previous flight, re-set GPS and compass to current location; 

9. Turn on transmitter, gimbal and camera; 

10. Calibrate UA compass according to instructions outlined in user manual; 

11. Adjust minimum automated return height for location; 

12. Insure that launch area is safe and clear of people; 

13. Warn bystanders of takeoff; 

14. Hover at low altitude for 20 seconds, look and listen for problems; 

15. Confirm expected stick operation while hovering; 

16. Always monitor battery power and signal strength; 

17. Maintain line of sight operation with the UA at all times 

APPENDIX B – MANUFACTURER MANUALS 

Phantom 3 Professional User Manual v1.2 

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manual_v1.2_en.

pdf 

Phantom 3 Professional Quick Start Guide v1.0 
http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start_Guide_en.

pdf 

Phantom 3 Intelligent Flight Battery Safety Guidelines v1.0 

http://download.djiinnovations.com/downloads/phantom_3/en/Intelligent_Flight_Battery_Safety_Guidelines_en.

pdf 

Phantom 3 Safety Guidelines and Disclaimer v1.0 

http://download.djiinnovations.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en.pdf