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To enact section 2305.2310 of the Revised Code to | 1 |
provide civil immunity for architects, engineers, | 2 |
and surveyors providing services during a declared | 3 |
emergency. | 4 |
Section 1. That section 2305.2310 of the Revised Code be | 5 |
enacted to read as follows: | 6 |
Sec. 2305.2310. (A) A volunteer who is an architect, | 7 |
engineer, or surveyor shall not be liable in damages in a civil | 8 |
action for any injury, loss to person or property, or wrongful | 9 |
death related to the volunteer's acts, errors, or omissions in the | 10 |
performance of any professional services for any structure, | 11 |
building, piping, or other engineered system, either publicly or | 12 |
privately owned. | 13 |
(B)(1) The immunity provided in this section shall only apply | 14 |
to professional services provided during a declared emergency and | 15 |
to professional services provided not more than ninety days after | 16 |
the end of the period of the declared emergency. | 17 |
(2) If the governor, under the governor's emergency executive | 18 |
powers, extends the period of declared emergency, the immunity | 19 |
provided under this section shall apply to services provided not | 20 |
more than ninety days after the end of the extended period of | 21 |
emergency. | 22 |
(C) Nothing in this section shall provide immunity for | 23 |
wanton, willful, or intentional misconduct. | 24 |
(D) As used in this section: | 25 |
(1) "Architect" means an individual who is certified as an | 26 |
architect under Chapter 4703. of the Revised Code. | 27 |
(2) "Building inspection official" means any appointed or | 28 |
elected federal, state, or local official with overall executive | 29 |
responsibility for coordinating building inspections in the | 30 |
jurisdiction in which a declared emergency has occurred. | 31 |
(3) "Engineer" means an individual registered as a | 32 |
professional engineer under Chapter 4733. of the Revised Code. | 33 |
(4) "Law enforcement official" means an appointed or elected | 34 |
federal, state, or local official responsible for coordinating law | 35 |
enforcement in the jurisdiction in which a declared emergency has | 36 |
occurred. | 37 |
(5) "Professional services" means architectural, engineering, | 38 |
or surveying services provided by an architect, engineer, or | 39 |
surveyor, respectively. "Professional services" does not include | 40 |
services provided by an individual who is not qualified to provide | 41 |
such services. | 42 |
(6) "Public official" means any elected federal, state, or | 43 |
local official with overall executive responsibility in the | 44 |
jurisdiction in which a declared emergency has occurred. | 45 |
(7) "Public safety official" means any appointed or elected | 46 |
official with overall executive responsibility to coordinate | 47 |
public safety in the jurisdiction in which a declared emergency | 48 |
has occurred. | 49 |
(8) "Surveyor" means an individual who is registered as a | 50 |
professional surveyor under Chapter 4733. of the Revised Code. | 51 |
(9) "Volunteer" means an individual who, at the request of, | 52 |
or with the approval of, a national, state, or local public | 53 |
official, law enforcement official, public safety official, or | 54 |
building inspection official acting in an official capacity, | 55 |
voluntarily, without compensation, provides professional services | 56 |
in relation to a declared national, state, or local emergency | 57 |
caused by a major earthquake, hurricane, tornado, fire, explosion, | 58 |
collapse, or other catastrophic event. | 59 |