Law Number

76 Okl. St. 5.8(B)

Summary Title

License Exemption: Architect or Engineer During Declared Emergency

Summary

When an emergency declaration is in effect, where the services of licensed architects and professional engineers are required, but personnel are limited, an architect or engineer, who is licensed out-of-state and who is a member of a mobile support team, can inspect and placard structures for safety and habitability upon request by the governor of Oklahoma, and by order of their home state Governor without obtaining an Oklahoma license. They will not be held legally responsible for injury, death, or damage to property. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. This section is limited to up to 90 days after the declaration.

Full Title

Voluntary architectural or engineering services following declared national, state or local emergency—Immunity from liability

Full Text

B. In the event a natural disaster or catastrophic event described pursuant to subsection A of this section occurs, and the services of licensed architects or professional engineers who provide architectural, structural, electrical, mechanical or other design professional services are required, but the number of professional persons licensed or registered in this state is insufficient for such purpose, any person licensed or registered in another state to practice such profession and who is a member of a mobile support team or unit of the licensing state, may inspect and placard structures for safety and habitability in this state upon request by the Governor of this state and order of the Governor of the person’s home state without being licensed or registered in this state. Out-of-state licensed architects or professional engineers who inspect and placard structures for safety and habitability under these conditions shall not be liable for any personal injury, wrongful death, property damage or other loss related to the licensed architect’s or professional engineer’s acts or omissions in the performance of such emergency professional services for any publicly or privately owned structure, building, facility, project utility, equipment, machine, process, piping or other system. Nothing in this section shall provide immunity for injury or damage resulting from gross negligence or willful or wanton misconduct in rendering the emergency professional services. The immunity provided in this section shall apply only to a voluntary architectural or engineering service of inspecting and placarding structures for safety and habitability that occurs during the emergency or within ninety (90) days following the end of the period for an emergency, disaster or catastrophic event, unless extended by an executive order issued by the Governor of this state under the Governor’s emergency executive powers.

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