As Reported by the House Commerce, Labor, and Technology Committee

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


Representatives Blessing, Landis 

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



A BILL
To enact section 2305.2310 of the Revised Code to 1
provide civil immunity for architects, 2
contractors, engineers, surveyors, and 3
tradespersons providing volunteer services during 4
a declared emergency.5


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

       Section 1.  That section 2305.2310 of the Revised Code be 6
enacted to read as follows:7

       Sec. 2305.2310.  (A) A volunteer who is an architect, 8
contractor, engineer, surveyor, or tradesperson shall not be 9
liable in damages in a civil action for any injury, loss to person 10
or property, or wrongful death related to the volunteer's acts, 11
errors, or omissions in the performance of any professional 12
services or construction services for any structure, building, 13
piping, or other engineered system, either publicly or privately 14
owned.15

       (B)(1) The immunity provided in this section shall only apply 16
to professional services or contruction services provided during a 17
declared emergency and to professional services or construction 18
services provided not more than ninety days after the end of the 19
period of the declared emergency.20

       (2) If the governor, under the governor's emergency executive 21
powers, extends the period of declared emergency, the immunity 22
provided under this section shall apply to services provided not 23
more than ninety days after the end of the extended period of 24
emergency.25

       (C) Nothing in this section shall provide immunity for 26
wanton, willful, or intentional misconduct.27

       (D) As used in this section:28

       (1) "Architect" means an individual who is certified as an 29
architect under Chapter 4703. of the Revised Code.30

       (2) "Building inspection official" means any appointed or 31
elected federal, state, or local official with overall executive 32
responsibility for coordinating building inspections in the 33
jurisdiction in which a declared emergency has occurred.34

       (3) "Construction services" includes any construction, 35
improvement, renovation, repair, or maintenance performed by a 36
contractor or tradesperson. "Construction services" does not 37
include services provided by an individual who is not qualified to 38
provide such services.39

       (4) "Contractor" has the same meaning as section 4740.01 of 40
the Revised Code.41

       (5) "Engineer" means an individual registered as a 42
professional engineer under Chapter 4733. of the Revised Code.43

       (6) "Law enforcement official" means an appointed or elected 44
federal, state, or local official responsible for coordinating law 45
enforcement in the jurisdiction in which a declared emergency has 46
occurred.47

       (7) "Professional services" means architectural, engineering, 48
or surveying services provided by an architect, engineer, or 49
surveyor, respectively. "Professional services" does not include 50
services provided by an individual who is not qualified to provide 51
such services.52

       (8) "Public official" means any elected federal, state, or 53
local official with overall executive responsibility in the 54
jurisdiction in which a declared emergency has occurred.55

       (9) "Public safety official" means any appointed or elected 56
official with overall executive responsibility to coordinate 57
public safety in the jurisdiction in which a declared emergency 58
has occurred.59

       (10) "Surveyor" means an individual who is registered as a 60
professional surveyor under Chapter 4733. of the Revised Code.61

       (11) "Tradesperson" has the same meaning as in section 62
4740.01 of the Revised Code.63

       (12) "Volunteer" means an individual who, at the request of, 64
or with the approval of, a national, state, or local public 65
official, law enforcement official, public safety official, or 66
building inspection official acting in an official capacity, 67
voluntarily, without compensation, provides professional services 68
or construction services without a written contract in relation to 69
a declared national, state, or local emergency caused by a major 70
earthquake, hurricane, tornado, fire, explosion, collapse, or 71
other catastrophic event.72