{"":null}
Emergency Law Inventory | Full Law Text

Law Number

ORS 30.788

Summary Title

Liability: Architect, Engineer, or Building Evaluator

Summary

When an emergency declaration is in effect, an architect or engineer licensed in any state, or other type of building evaluator, who, without compensation, provides architectural services, engineering services, building code inspections, post-disaster building evaluations, or plan reviews based on their professional qualifications, will not be held legally responsible for acting or failing to act. They can be held legally responsible for acting with extreme carelessness or intent to cause harm. This section is limited to up to 60 days after the declaration.

Full Title

Liability of architect, engineer, inspector or building evaluator for emergency relief services

Full Text

(1) An action for damages arising out of the practice of architecture, as defined in ORS 671.010, may not be maintained by any person against an architect for services rendered by the architect under the provisions of this section. (2) An action for damages arising out of the practice of engineering, as described in ORS 672.007, may not be maintained by any person against an engineer for structural engineering services rendered by the engineer under the provisions of this section. (3) An action for damages arising out of the provision of building code inspections, plan reviews or post-disaster building evaluations may not be maintained by any person against a certified inspector or certified building evaluator if the inspector or building evaluator is providing building code inspections, plan reviews or post-disaster building evaluations under the provisions of this section and the inspector or building evaluator is operating within the scope of the certification. (4) The immunity provided by this section applies only to services that meet all of the following requirements: (a) The services are rendered without compensation. (b) The services are rendered within 60 days after the Governor declares a state of emergency under the provisions of ORS 401.165. (c) The services are rendered to assist in relief efforts arising out of the emergency giving rise to the declaration of emergency. (5) This section does not affect the liability of any architect, engineer, inspector or building evaluator for gross negligence or intentional torts. (6) The immunity provided by this section applies only to: (a) Inspectors certified under ORS 455.715 to 455.740; (b) Building evaluators certified for post-disaster building evaluation by the Department of Consumer and Business Services; (c) Architects who are registered under ORS 671.010 to 671.220; (d) Engineers who are registered under ORS 672.002 to 672.325; and (e) Architects and engineers who are licensed or registered under the laws of another state.