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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 |
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 |