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July 27, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., 

SE Washington, DC 20590

Re: Petition of Forensic Building Consultants, LLC., for an Exemption Pursuant to Section 

333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern:

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

14 C.F.R. Part 11, Forensic Building Consultants, LLC. ("FBC") hereby applies for an 

exemption from the Federal Aviation Regulations ("FARs") identified below, to allow 

commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or 

"UAS") for conducting aerial inspections and surveys of structures and facilities as part of 

exterior building evaluations.

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

the accompanying FBC UAS Flight Operations Manual (hereinafter "FBC Flight Operation

Manual"), Phantom 2 Vision Plus Pilot Training Guide v1.1, Phantom 2 Vision Plus Quick Start 

Guide, Inspire 1 User Manual v1.0, Inspire 1 Safety Guidelines, Inspire 1 Maintenance 

ManualV1.0, 1345 Propeller Locks Quick Start Guide, Intelligent Flight Battery Safety 

Guidelines (collectively referred to as "Manufacturer Manuals"). A copy of FBC’s Operations

Manuals and other supporting materials will be submitted to the FAA as confidential

documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial 

information that is highly proprietary to MC. In addition, these documents contain operating 

conditions and procedures that are not generally available to the public and are protected from 

release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.
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TABLE OF CONTENTS:

1. Glossary of Abbreviations

2. Description of Petitioner

3. Description of Proposed Operations

A. Forensic Evaluation and Building Condition Assessments

B. Vehicular Accident Investigations

4. Relevant Statutory Authority

5. FBC’s Proposed UAS Operations Meet the Requirements of Section 333 of the Reform

Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational 

Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manual

6. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.20

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

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

D. 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

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

Requirements

F. 14 C.F.R. § 91.103: Preflight Action

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

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

I. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

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

Maintenance Inspections

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

and Limitations

7. Privacy

8. Public Interest

9. Conclusion
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SECTION 1: GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

C.F.R. Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulations

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command

RTH Return To Home

Section 333 FAA Modernization and Reform Act of 2012 (FMRA) Section 333

SOP Standard Operating Procedures

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VO Visual Observer

VTOL Vertical Takeoff and Landing
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SECTION 2: DESCRIPTION OF PETITIONER

Established in 2003, Forensic Building Consultants is a leading national consulting firm with 

decades of experience and expertise in construction management, forensic investigations, 

and litigation support. Our multidisciplinary team of consultants consists of highly 

credentialed professionals whose specialized knowledge and expertise allows us to deliver 

“Trusted Solutions” to every client. Forensic Building Consultants’ reputation for reliability 

and innovation is based on years of industry experience, seasoned leadership, and a 

distinguished team of professionals. The integration of experience and innovation provides 

opportunities for successful outcomes and enables us to efficiently deliver superior services 

and results that our clients have come to expect.

FBC seeks to utilize the latest UAS technologies to provide higher level of efficiency and 

safer services for our clients. Forensic evaluations and building condition assessments 

performed by FBC often involve the physical inspection of outdoor structures and facilities 

for the assessment of current element 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 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 

forensic evaluations and building condition assessments that would be otherwise unsafe to 

the employees of FBC and the general public. The primary benefit of this technology would 

be to assist in the close, detailed aerial inspection and examination of building materials. 

Inspection of steep-sloped roofs and multi-story exterior walls for residential and 

commercial buildings, examination of exhaust chimneys/stacks at industrial facilities, and 

the assessment of accidents by documenting evidence are just a few examples of where 

UAS-assisted photography would be of great benefit to Forensic Building Consultants.

FBC is dedicated to providing technologically driven and innovative solutions to address our 

client’s needs. The promise of UAS-assisted photography / video offers a safer and more

efficient means to perform forensic evaluations and building condition assessments. The use 

of this technology will better serve clients and improve public safety. It is in this spirit that 

FBC seeks an exemption to use UAS technology for the commercial purpose of performing

aerial inspections during building evaluations.

The contact information for Petitioner is as follows:

Matt Smith, President

Forensic Building Consultants, LLC.

1200 NW Naito Parkway

Suite, 100

Portland, OR 97209

Phone: (503) 772-1114

Fax: (503) 772-4039

Email: matt@forensicbuilding.com
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SECTION 3: DESCRIPTION OF PROPOSED OPERATIONS

FBC is seeking exemption pursuant to Section 333 of the Reform Act to use small UASs 

weighing less than 6.7 pounds for conducting aerial inspections and surveys during its 

forensic evaluations and building condition assessments. All UAS operations will occur

under controlled conditions. The proposed UAS operations will be conducted in accordance

with the conditions and limitations of this Petition for Exemption and FBC’s Flight Operation

Manual. As detailed in the FBC Flight Operation Manual, the proposed UAS operations will

be limited to daytime VFR conditions in uncontrolled airspace, and will occur at least 5 miles 

away from an airport as detailed in the Manufacturer’s Manuals. In addition, FBC’s Flight 

Operation Manual incorporates redundant safeguards to assure that the aircraft does not 

travel outside the controlled area of UAS operations, including, but not limited to, GPS "geofencing" technologies. The geo-fencing technology will be used to restrict which 

geographic locations UAS operates within. All FBC UAS operation will utilize geo fencing 

technology to set UAS limits of travel to a controlled area encompassing the building, 

facility, project site, or forensic evaluation location that is under assessment.

FBC will utilize the following UAS’s for conducting aerial inspections and surveys during its 

forensic evaluations and building condition assessments (for compensation or hire within 

NAS):

• DJI Phantom 2 Vision+. The DJI Phantom 2 Vision+ is comprised of a vertical takeoff 

and landing (VTOL) Unmanned Aircraft (UA) and a transportable Ground Control 

Station (GCS). The DJI Phantom 2 Vision+ UA has a maximum gross weight of 

approximately 2.7 pounds, while having a diagonal distance (motor to motor) of 

approximately 14 inches, and maximum speed of 34 mph (approximately 29 knots). 

The DJI Phantom 2 Vision+ is equipped with four propellers, each being driven by a 

Lithium Polymer battery powered electric motor.

• DJI Inspire 1. The DJI Inspire 1 UAS is comprised of a vertical takeoff and landing 

(VTOL) Unmanned Aircraft (UA) and a transportable Ground Control Station (GCS). 

The DJI Inspire 1 UA has a maximum gross weight of approximately 6.7 pounds, 

while having a diameter of 23 inches, and maximum speed of 49 mph (approximately 

42 knots). The DJI Inspire 1 UA is equipped with four propellers, each being driven by 

a Lithium Polymer battery powered electric motor.

Sub-Section A: Forensic Evaluation and Building Condition Assessments

FBC performs hundreds of forensic evaluations and various building condition assessments 

every year. These evaluations include both distant and close observation and photographic 

documentation. Close proximity inspections of building elements include review and 

documentation of exterior roof coverings, exterior claddings, windows, doors, exterior 

balconies, safety railing, etc. While most of the building elements are easily accessible by 

ladder, some elements require the use of aerial work platforms and various types of 

scaffolding. However, some building elements such as tall roofs are at such a height, that 

conventional ladders cannot reach them, and the use of other inspection methods may not 
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be feasible due to site conditions and project logistics. UAS assisted photography will aid in 

documenting the observable conditions of these building components that are not 

accessible by any other safe or practical means. While the use of ladders, aerial work 

platforms and suspended scaffolding are appropriate in some cases, depending on 

inspection conditions, these methods may expose both the inspecting engineers and the 

general public to unnecessary risk of harm or serious injury, making their use impractical or 

impossible. UAS-assisted photography provides a safe and effective alternative means for 

performing forensic evaluations and various building condition assessments, while also 

minimizing the risk of harm to inspectors and the general public. GPS "geo-fencing"

technologies may be used to set UAS limits of travel to a controlled area encompassing 

the building or facility that is under evaluation.

Sub-Section B: Accident Investigations

FBC periodically evaluates vehicular accidents to determine causation through state-of-theart data collection, three-dimensional computer simulation, and analysis software tools. FBC

analyzes single and multiple-vehicle accidents of all types and investigates the roles of 

human, vehicular and environmental factors in such accidents. Accident reconstruction 

engineers perform thorough analyses to develop a reconstruction of the accident that is 

consistent with physical evidence. Our analytical procedure consists of a series of 

systematic steps that includes reviewing documents, identifying technical issues, 

documenting the accident site, and conducting vehicle and component inspections. The site 

evaluations commonly involve examination of the affected vehicle(s), as well as documenting 

conditions at the site where the accident occurred. Site evaluations may require close 

examination to identify details such as skid marks, grade variations, and roadway defects. 

Overall observation and distant photographic documentation are necessary to assess the site 

conditions of the accident location, but often cannot be feasibly obtained using traditional 

fixed-wing or rotorcraft aircraft. Aerial images provided by UAS technology would aid in the 

analysis of vehicle pathways, traffic behavior at intersections, and visualizing the general 

area of the accident. Knowledge gained from vehicle accident investigations is used by the 

transportation industry to improve public safety. When necessary, local law enforcement 

shall be used to establish a secure zone around a traffic intersection to allow safe and 

efficient UAS operation. GPS "geo-fencing" technologies may be used to set UAS limits of 

travel to a controlled area encompassing the accident site.

SECTION 4: RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the Reform 

Act. Congress has directed the FAA "to safely accelerate the integration of civil unmanned 

aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform 

Act, the FAA Administrator is to permit unmanned aircraft systems to operate in the National 

Air Space ("NAS") where it is safe to do so based on the following considerations:

• The UAS size, weight, speed, and operation capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within the visual line of sight of the operator.
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In addition, the FAA Administrator has general authority to grant exemptions from the 

agency's safety regulations and minimum standards when the Administrator decides a 

requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of 

the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 

44702 – 44716, et seq.). A party requesting an exemption must explain the reasons why the 

exemption, (1) would benefit the public as a whole, and (2) would not adversely affect safety 

(or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 

11.81 (petitions for exemption).

SECTION 5: PROPOSED UAS OPERATIONS MEET THE REQUIREMENTS OF SECTION 333

The small UAS operations proposed by FBC in this Petition for Exemption qualify for 

expedited approval pursuant to Section 333 of the Reform Act as each of the statutory 

criteria and relevant factors are satisfied.

• Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational 

Capability

FBC will employ the DJI Phantom 2 Vision+ quadcopter for the operations specified in this 

Petition for Exemption. This is the same UAS model approved for use in the FAA's Grant of 

Exemption to Douglas Trudeau, Docket No. FAA-2014-0481. This UAS has a maximum 

take-off weight of less than 3 pounds. The flight speed will not exceed 30 knots, and it will 

not be flown in controlled airspace or at an altitude that exceeds 400 feet AGL without prior 

written authorization and approval from the FAA. All flights will be flown in such a way that 

they can be safely terminated once the operator receives the first low battery warning 

(approximately 30% of the battery's maximum charge). The DJI Phantom 2 Vision+ does not 

carry any flammable propellant or fuel. The UAS also has an integrated GPS system that 

calculates the UAS's position and height and relays that information via a secure connection 

to the operator. Additionally, as acknowledged by the FAA in its prior grant of exemption to 

Douglas Trudeau, the DJI Phantom 2 Vision+, "Has the capability to operate safely after 

experiencing certain in-flight contingencies or failures and uses an auto-pilot system to 

maintain UAS stability and control. The UAS is also able to respond to a loss of GPS or a 

lost- link event with pre-coordinated automated flight maneuvers."

• Approval is Warranted Based on the Operational Restrictions Set Forth in the Flight 

Operations Manual

The FBC Flight Operations Manual and the Manufacturer's Manuals for the selected UAS will 

contain all the procedures and limitations necessary to safely and successfully perform the 

operations specified in this Petition for Exemption. To assist the FAA in making a safety 

assessment of FBC’s proposed operations, below is a summary of operational limitations 

and conditions that will ensure an equivalent or higher level of safety to operations 

conducted under current regulatory guidelines:

1. The DJI Phantom 2 Vision+ weighs less than 3 pounds, fully loaded.

2. The DJI Inspire 1 weights less than 7 pounds, fully loaded.
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3. The radio frequencies used for operations and control of the UAS (2.4GHz) will comply

with the Federal Communications Commission ("FCC") or other appropriate

government oversight agency requirements.

4. Minimum crew for each operation will consist of a pilot, who will be Pilot-in Command 

("PIC") of the UAS, and one or more Visual Observers ("Observer") as necessary to 

safely conduct the mission.

5. The UAS shall be operated within Visual Line of Sight ("VLOS") of the PIC and 

Observer at all times. The PIC will use human vision unaided by any device other than 

corrective lenses.

6. The UAS shall be operated during daylight only. Operations shall occur during daytime 

VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall 

not be conducted. UAS operations under Instrument Flight Rules, at night, or beyond 

VLOS are prohibited.

7. The Observer designated for any operation will be in constant voice contact with the 

PIC.

8. The additional requirements identified in the exemption grant shall be added to FBC’s 

Flight Operations Manual. The Flight Operations Manual will be maintained and made

available to the Administrator upon request. If a discrepancy exists between the

conditions and limitations in the granted exemptions and the FBC Flight Operations

Manual, the conditions and limitations in the granted exemptions will incorporated into 

the Flight Operations Manual.

9. The UAS will be operated and maintained according to the Manufacturer's Manuals 

and any required manufacturer Safety/Service Bulletins.

10. All aircraft operated in accordance with this exemption will be identified by serial 

number, registered in accordance with 14 C.F.R part 47, and have identification 

markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large 

as practicable.

11. Prior to each flight the PIC shall inspect the UAS to confirm that it is in a condition safe 

for flight. The PIC shall not operate the UAS if the inspection reveals a condition that 

affects the safe operation of the UAS until the necessary maintenance has been 

performed and the UAS is found to be in a condition for safe flight. All maintenance 

and alternations must be properly documented in the UAS records.

12. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics must undergo a functional test flight in accordance with FBC’s

Flight Operations Manuals. The PIC who conducts the functional test flight must make 

an entry in the UAS aircraft records of the flight.
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13. Prior to the operation, there will be a Flight Plan setting forth the operational limitations 

and conditions for the flight operations, as well as key personnel contact information 

and a description of any potential hazards on or in the vicinity of the survey site.

14. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the 

intended landing point and land the UAV once the low battery warning is received 

(approximately 30% of the battery's maximum charge).

15. The UAV shall remain clear and yield the right of way to all other manned operations 

and activities at all times (including, but not limited to, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.).

16. The UAS will not be operated by the PIC from any moving device or vehicle.

17. Flights will be operated at an altitude of no more than 400 feet AGL and will never 

enter navigable controlled airspace.

18. Flights will be operated at a lateral distance of at least 200 feet from any 

nonparticipating persons, unless that person is in a position where he or she is 

shielded from the UAS and any possible debris resulting from UAS failure.

19. At no time will the UAS be operated so close to persons or objects to present an 

undue hazard to the PIC or Observer, pursuant to § 91.119(a).

20. UAS operations will occur at least 200 feet away from non-participating vehicles or 

structures unless the property owner/controller has granted permission, and the PIC 

has made a safety assessment of the risk of operating closer to those objects. At no 

time will the UAS be operated so close to structures or vehicles as to present an 

undue hazard to the PIC or Observer, per § 91.119(a).

21. Flights will be limited to a speed of 30 knots and vertical ascent / decent will be limited 

to 15 fps.

22. If the UAS loses communication with the PIC, the UAS has the capability to return to a 

pre-determined location within the operational area and land safely.

23. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer.

24. The UAS will have the capability to safely abort flight in the case of unpredicted 

obstacles or emergencies. The PIC will abort the flight in the event of unpredicted 

obstacles or emergencies in accordance with the FBC’s Flight Operations Manuals.

SECTION 6: REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined 
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under § 40101 of the Act, including UASs, from its safety regulations and minimum 

standards when the Administrator decides a requested exemption is in the public interest.

FBC seeks an exemption from several interrelated provisions of Title 14 of the Code of 

Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the 

requested operations using a UAS. Listed below are the specific sections of 14 C.F.R for 

which exemption is sought.

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.20

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.

B. 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 FBC’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.

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

FBC 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.

D. 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

FBC 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.

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

Requirements

FBC 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).
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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.

F. 14 C.F.R. § 91.103: Preflight Action

FBC 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.

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

FBC 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 400 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.

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

I. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

FBC 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 MC Flight operations will be limited 15 minutes or less.

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

Maintenance Inspections

FBC 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.

K. 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, in relevant part:

(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.

FBC 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 
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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. Furthermore, while helpful, a pilot license will not ensure 

remote control piloting skills. The risks associated with the operation of small UAS is far less 

than the risks associated with the commercial activities outlined in 14 CFR § 61.113 (a) & (b). 

SECTION 7: PRIVACY

All FBC UAS operations will be conducted in accordance with applicable federal, state, or 

local laws regarding privacy. All operations shall be conducted over private or controlledaccess property with permission from the land/building owner/controller or authorized 

representative. Permission from land owner/controller or authorized representative will be 

obtained for each flight to be conducted. Notification of inspection activities (including UAS 

operations) will be delivered via land/building owner/controller or authorized representative a 

minimum of 24 hours prior to inspection day/UAS operations.

SECTION 8: PUBLIC INTEREST

The public interest will be served by granting FBC’s Petition for Exemption. Congress has 

established a national policy that favors early integration of UAS into the NAS in controlled, 

safe working environments such as those proposed in this Petition. Granting this Petition for 

Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform 

Act—the FAA Administrator's assessment of whether certain UAS may operate safely in the

NAS before completion of the statutorily required rulemaking. The proposed UAS operations 

in this Petition for Exemption significantly improve safety and reduce risk by alleviating the 

public's exposure to danger associated with traditional aerial survey and inspection 

methods, namely, full size fixed-wing aircraft and rotorcraft as well as the use of inherently 

dangerous equipment use such as scaffolding and aerial work platforms. The UASs that 

FBC intends to use weigh less than 3 pounds (DJI Phantom 2 Vision+) and less than 7 

pounds (DJI Inspire 1), are battery powered, and create no emissions. Moreover, in the 

unlikely event that one of Petitioner's UASs crash, there is no fuel to ignite and explode. Any 

accident involving Petitioner's lightweight UASs will present significantly less danger to the 

pilot and other individuals on the ground than one involving a full size aircraft or significantly 

larger UAS. Furthermore, FBC’s UASs will be capable of documenting conditions that may 

have been otherwise inaccessible using traditional inspection and survey methods. UASassisted photography will also reduce the risk of harm to inspecting engineers and 

consultants by not exposing them to hazards associated with inspection of dangerous or 

unsafe physical conditions often present in buildings and structures that have been 

damaged.

SECTION 9: SUMMARY AND CONCLUSION

FBC seeks exemption from the following rules in Title 14 of the Code of Federal
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Regulations: 14 C.F.R. 21, subpart H; 14 C.P.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 

C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. 

§ 91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 

C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.P.R. § 91.409 (a)(2); 14 C.P.R. § 91.409 

(a)(2); and, 14 C.P.R. §§ 91.417 (a) & (b) to commercially operate lightweight unmanned UAS 

during forensic evaluations and building condition assessments.

Granting Forensic Building Consultants request for exemption will reduce current risk levels 

and thereby enhance safety. UAS technologies applied to building inspection services will 

provide higher level of efficiency and safer services for our clients. Forensic evaluations and 

building condition assessments performed by FBC often involve the physical inspection of 

outdoor structures and facilities for the assessment of current element condition, damage, 

defects and accidents. Obtaining images of certain physical features may not be feasible 

due to dangerous conditions, limited access on the structure or the excessive height of the 

required viewing angle.

The use of UAS-assisted photography will provide a practical means to perform forensic 

evaluations and building condition assessments that would be otherwise unsafe to the 

employees of FBC and the general public. UAS-assisted photography also offers a safer and 

more efficient means to perform forensic evaluations and building condition assessments.

The use of this technology will better serve clients and improve public safety.

Forensic Building Consultants respectfully requests that the FAA grant its exemption request 

without delay. The FAA has the authority to issue the exemption sought by Forensic Building

Consultants pursuant to the Federal Aviation Act, 85 P.L. 726 (1958), as amended (the 

“Act”).

Respectfully submitted,

Matt Smith

President

Forensic Building Consultants, LLC.

1200 NW Naito Parkway

Suite, 100

Portland, OR 97209

Phone: (503) 772-1114

Fax: (503) 772-4039

Email: matt@forensicbuilding.com
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The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held 

in a separate file pursuant to 14 C.F.R. § 11.35(b).

Attachments:

1. Forensic Building Consultants, LLC.:

a. FBC_UAS_Flight_Operations_Manual_v1.0

2. DJI Phantom 2 Vision+:

a. Phantom_2_Vision_Plus_Pilot_Training_Guide_v1.1

b. Phantom_2_Vision_Plus_Quick_Start_Guide

c. Phantom_2_Vision_Plus_User_Manual_v1.8

d. Smart_Flight_Battery_Safety_Guidelines

3. DJI Inspire 1:

a. Inspire_1_User_Manual_v1.0

b. Inspire_1_Safety_Guidelines

c. Inspire_1_Maintenance_ManualV1.0

d. 1345_Propeller_Locks_Quick_Start_Guide

e. Intelligent_Flight_Battery_Safety_Guidelines
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PAGE 16

Forensic Building Consultants Flight Operations Manual (v1.0) 
WWW.FORENSICBUILDING.COM

1200 NW NAITO PKWY, STE. 100

PORTLAND, OR 97209

(P) 503.772.1114 (F) 503.772.4039 (TF) 1.855.772.1114

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OR CCB# 155496

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PAGE 17

Forensic Building Consultants Flight Operations Manual (v1.0) 
WWW.FORENSICBUILDING.COM

1200 NW NAITO PKWY, STE. 100

PORTLAND, OR 97209

(P) 503.772.1114 (F) 503.772.4039 (TF) 1.855.772.1114

 OREGON–UTAH–WASHINGTON

OR CCB# 155496

WA FORENWC94308

UT: 8334529-5501

REDUCE. REUSE. RECYCLE.

PAGE 18

Forensic Building Consultants Flight Operations Manual (v1.0)
WWW.FORENSICBUILDING.COM

1200 NW NAITO PKWY, STE. 100

PORTLAND, OR 97209

(P) 503.772.1114 (F) 503.772.4039 (TF) 1.855.772.1114

 OREGON–UTAH–WASHINGTON

OR CCB# 155496

WA FORENWC94308

UT: 8334529-5501

REDUCE. REUSE. RECYCLE.

PAGE 19

Forensic Building Consultants Flight Operations Manual (v1.0) 
WWW.FORENSICBUILDING.COM

1200 NW NAITO PKWY, STE. 100

PORTLAND, OR 97209

(P) 503.772.1114 (F) 503.772.4039 (TF) 1.855.772.1114

 OREGON–UTAH–WASHINGTON

OR CCB# 155496

WA FORENWC94308

UT: 8334529-5501

REDUCE. REUSE. RECYCLE.

PAGE 20

Forensic Building Consultants Flight Operations Manual (v1.0)
WWW.FORENSICBUILDING.COM

1200 NW NAITO PKWY, STE. 100

PORTLAND, OR 97209

(P) 503.772.1114 (F) 503.772.4039 (TF) 1.855.772.1114

 OREGON–UTAH–WASHINGTON

OR CCB# 155496

WA FORENWC94308

UT: 8334529-5501

REDUCE. REUSE. RECYCLE.

PAGE 21

Forensic Building Consultants Flight Operations Manual (v1.0)