H. B. 2502
(By Delegates Pino and Louisos)
[Introduced March 8, 1993; referred to the
Committee on the Judiciary.]
A BILL to amend article seven, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
eighteen, relating to professional engineers; and providing
for immunity from civil liability for certain services
provided voluntarily by professional engineers in
emergencies.
Be it enacted by the Legislature of West Virginia:
That article seven, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eighteen, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-18. Immunity of professional engineers from civil
liability for services provided voluntarily,
without pay, at the request of government
officials; definitions.
(a) As used in this section:
(1) "Professional engineer" means a person duly registered
as a registered professional engineer under article thirteen,
chapter thirty of this code.
(2) "Public official" means any federal, state or locally
elected official with overall executive responsibility in the
jurisdiction in which an emergency or other disaster has occurred
leading to a request for voluntary professional engineering
services.
(3) "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 an emergency or other disaster has occurred leading to a
request for voluntary professional engineering services.
(4) "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 an emergency or other disaster has occurred leading to
a request for voluntary professional engineering services.
(5) "Building inspection official" means any appointed or
elected federal, state or local official with overall executive
responsibility for coordination of building inspections in the
jurisdiction in which an emergency or other disaster has occurred
leading to a request for voluntary professional engineering
services.
(b) A professional engineer who voluntarily, withoutcompensation, provides structural, electrical, mechanical or
other engineering services at the scene of a declared national,
state or local emergency caused by a major earthquake, hurricane,
tornado, fire, explosion, collapse, or other similar disaster or
catastrophic event at the request of a national, state, or local
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, errors or omissions in the performance of any
engineering services for any structure, building piping or other
engineered system, either publicly or privately owned.
(c) The immunity provided in this section is applicable only
to a voluntary engineering service that occurs within ninety days
of the emergency, disaster or catastrophic event, unless extended
by an executive order issued by the governor under the governor's
emergency executive powers.
(d) The provisions of this section do not provide immunity
to any professional engineer for wanton, willful or intentional
misconduct.
NOTE: The purpose of this bill is to provide immunity from
civil liability for professional engineers who provide services
during an emergency or disaster to federal, state or local
governments and agencies voluntarily and without pay.
This section is new; therefore, strike-throughs and
underscoring have been omitted.