GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 182*

Short Title:  Immunity for Vol. Engineers.	(Public)

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Sponsors: Representatives Culpepper; Culp and Nye (Co-Sponsors).

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Referred to:  Judiciary I.

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February 15, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE QUALIFIED IMMUNITY TO PROFESSIONAL ENGINEERS WHO VOLUNTARILY PROVIDE ENGINEERING SERVICES DURING AN EMERGENCY WITHOUT COMPENSATION.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 89C of the General Statutes is amended by adding a new section to read:
"§ 89C-19.1.  Engineer who volunteers during an emergency; qualified immunity.
	(a)	A professional engineer who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services at the scene of a declared emergency, whether national, State, or local, arising from a major earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event, at the request of a 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 acts or omissions in the performance of the engineering services.
	(b)	The immunity provided in subsection (a) of this section applies only to an engineering service:
(1)	For any structure, building, piping, or other engineered system, either publicly or privately owned.
(2)	That occurs within 45 days after the declaration of the emergency, disaster, or catastrophic event, unless the 45-day immunity period is extended by an executive order issued by the Governor under the Governor's emergency executive powers.
	(c)	The immunity provided in subsection (a) of this section does not apply if it is determined that the personal injury, wrongful death, property damage, or other loss was caused by the gross negligence, wanton conduct, or intentional wrongdoing of the professional engineer, or while the professional engineer was operating or responsible for the operation of a motor vehicle.
	(d)	As used in this section:
(1)	'Building inspection official' means any appointed  or elected federal, State, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which the emergency, disaster, or catastrophic event has occurred.
(2)	'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 the emergency, disaster, or catastrophic event has occurred.
(3)	'Public official' means any federal, State, or locally elected official with overall executive responsibility in the jurisdiction in which the emergency, disaster, or catastrophic event has occurred.
(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 the emergency, disaster, or catastrophic event has occurred."
Sec. 2.  This act is effective upon ratification and applies to any cause of action that arises on or after that date.