H. B. 2307
(By Delegate Pino)
[Introduced January 10, 1996; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighteen, relating to professional architects and engineers;
and providing for immunity from civil liability for certain
services provided voluntarily by professional architects and
engineers in emergencies.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-18. Immunity of professional architects and engineers from
civil liability for services provided voluntarily, without pay, at the request of government officials;
definitions.
(a) As used in this section:
(1) "Architect" means a person holding a valid certificate
of registration under provisions of article twelve, chapter
thirty of this code.
(2) "Professional engineer" means a person duly registered
as a registered professional engineer under article thirteen,
chapter thirty of this code.
(3) "Public official" means any federal, state or locally
elected official with overall executive responsibility in the
jurisdiction in which an emergency or other disaster has occurred
leading to a request for voluntary professional engineering
services.
(4) "Public safety official" means any appointed or elected
federal, state or local official with overall executive
responsibility to coordinate public safety in the jurisdiction in
which an emergency or other disaster has occurred leading to a
request for voluntary professional engineering services.
(5) "Law-enforcement official" means any appointed or
elected federal, state or local official with overall executive
responsibility to coordinate law enforcement in the jurisdiction
in which an emergency or other disaster has occurred leading to
a request for voluntary professional engineering services.
(6) "Building inspection official" means any appointed or
elected federal, state or local official with overall executive
responsibility for coordination of building inspections in the
jurisdiction in which an emergency or other disaster has occurred
leading to a request for voluntary professional engineering
services.
(b) A professional engineer or architect who voluntarily,
without compensation, provides structural, electrical, mechanical
or other engineering services at the scene of a declared
national, state or local emergency caused by a major earthquake,
hurricane, tornado, fire, explosion, collapse, or other similar
disaster or catastrophic event at the request of a national,
state, or local public official, law-enforcement official, public
safety official or building inspection official acting in an
official capacity, shall not be liable for any personal injury,
wrongful death, property damage or other loss caused by the
professional engineer's or architect's acts, errors or omissions
in the performance of any engineering or architectural services
for any structure, building piping or other engineered system,
either publicly or privately owned.
(c) The immunity provided in this section is applicable
only to a voluntary engineering or architectural service that
occurs within ninety days of the emergency, disaster or
catastrophic event, unless extended by an executive order issued by the governor under the governor's emergency executive powers.
(d) The provisions of this section do not provide immunity
to any professional engineer or architect for wanton, willful or
intentional misconduct.
NOTE: The purpose of this bill is to provide immunity from
civil liability for professional engineers or architects who
provide services during an emergency or disaster to federal,
state or local governments and agencies voluntarily and without
pay.
This section is new; therefore, strike-throughs and
underscoring have been omitted.