As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 379


Representatives Blessing, Landis 

Cosponsors: Representatives Adams, J., Becker, Butler, Grossman, Hackett, Scherer, Sprague 



A BILL
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


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       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