Monthly Archives: October 2015

Registration of Drone Operators

FAA To Require Drone Operator Registration

FAA seeks to increase accountability of drone operators due to recent near misses. This could be a sign of relief for Emergency Managers.

According to the FAA, pilot sightings of unmanned aircraft near airplanes and at sporting events have doubled since last year. Some of these reports included interference with wildfire-fighting operations on the West Coast this year. Despite the increase, no accidents have been reported to the FAA.

Though there are no current requirements in place, Secretary of Transportation has directed a Task Force to develop and deliver a report by November 20th to have registration requirements in place by mid-December–just in time for the holidays. This gets interesting as the Consumer Electronics Association predicts that 700,000 drones will be sold this holiday season.

What does this mean for emergency managers? Really not much for internal operations. Currently government entities are required to receive a Certificate of Authorization from the FAA before operating their own unmanned aviation program. Hobbyists and some commercial entities have typically been afforded less regulation. However, emergency managers should see this as a somewhat sigh of relief. The ability to assign ownership of a specific unmanned aircraft could lead to more accountability and more responsible airborne operation. This may reduce the risk assessment emergency managers currently assess unmanned aircraft incidents at.

However, questions remain as to how this will be regulated, if state and local law enforcement entities will have the ability to enforce. Further, just because there are regulations doesn’t mean that everyone will follow them. Without an effective enforcement mechanism, any new FAA regulation of unmanned aircraft wouldn’t really have the desired impact. A pressing question–though it is unclear how this could be addressed–is how do you distinguish between the unmanned aircraft operated by regulated and approved operators and those operated by individuals with more of a nefarious intent?

Though the last statement may seem to contradict the sigh of relief emergency managers may feel, it really could help weed out the nefarious intenders from the responsible ones. For example: there are 100 unmanned aircraft within a jurisdiction owned by the citizenry. 90 are registered and operated by those following the rules (i.e. don’t fly near a stadium) and 10 are not. This form of deterrence reduces the logical leap required to identify those unmanned aircraft with a higher likelihood of nefarious intent. But without mandatory registration at purchase, it would be extremely hard for authorities to identify the owner of the nefarious unmanned aircraft–especially if it is not recovered by authorities.

Sources:

Article by Ian Duncan of the Barlitmore Sun: Click Here

FAA UAV Webpage: Click Here

FAA UAV Registration Information: Click Here

Pot and Preparedness: Are there issues with Marijuana Legalization?

Pot and Preparedness: Are there issues with Marijuana Legalization?

As states and tribes legalize marijuana, are there any problems that emergency managers face? Regardless of personal/political opinions, are there tertiary impacts we in the profession should be thinking and advising our political leaders about?

As states and tribes legalize marijuana, emergency managers are faced problem of controlling the impact of a disaster without the assistance of federal programs that are heavily relied upon. The Emergency Management Cycle is the standardized method emergency managers use to understand how to approach their job. Each of the cycle’s four phases present a unique problem for consideration concerning marijuana legalization. This article is one in a series of four articles related to marijuana legalization and potential issues related to Emergency Management. This article asks whether or not legalized marijuana grow facilities need to coordinate a pre-plan with their local fire department to better avoid possible tort liability.

Note: This article does not state a position on the legalization of marijuana and merely identifies potential issues for emergency management as it is legalized at state and tribal levels. This article should not be considered legal advice. Consult with an attorney

Background: Marijuana grow facilities often pose significant hazards to firefighters. These hazards stem from complex ventilation, facility layout, and electrical wiring (often violating codes). Despite training, these hazards become nearly impossible to avoid given the existing complexities of a structure fire. This is compounded by the mixture of THC and chemicals used in cultivation giving emitted smoke a sickening effect, rather than giving a “high”.

Hypothetical: The current legislation to legalize Marijuana in Wisconsin is approved. A year later there is a fire at an indoor grow facility in Madison. The Madison Fire Department and HAZMAT respond. The facility is partially saved; however, four fire fighters are seriously injured and two of the apparatus’ (fire truck) were damaged and attributed to code violations at the indoor grow facility. Will the firefighter’s and fire department separate civil claims against the owner succeed?

Answer: While the firefighters may likely succeed the department may have issues. The common law firefighter rule generally bars a firefighter’s negligence claim. However, in Clark v. Corby, the Wisconsin Supreme Court found a valid negligence per se claim based the violation of local housing ordinances and hidden hazards. 249 N.W.2d 567 (Wis. 1977); accord Peak v. Cent. Tank Coatings, Inc., 606 F.App’x 891 (10th Cir. 2015). Here, the hidden hazard exception will likely allow the firefighters to succeed. So long as the strict guidelines are followed, Wisconsin statute allows agencies seek reimbursement from a property owner whose negligence caused a HAZMAT incident for actual, reasonable, and necessary expenses included involving the release or potential release of HAZMAT. The issue comes in with the tedious processing requirements. If not strictly adhered to, the agency might forfeit reimbursement.

Next Step: Though sometimes annoying, it is imperative for legal marijuana growers to comply with all building and zoning ordinances at all times. Further, facility owners should work with the local fire department and allow a “pre-plan” for the department’s emergency response to the facility.