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Emergency Law Inventory | Full Law Text

Law Number

N.C. Gen. Stat. 83A-13.1

Summary Title

Liability: Architect Providing Services During Emergency

Summary

Within 45 days of an emergency declaration, a professional architect who, voluntarily, without compensation, and at the request of a public official, provides structural, electrical, mechanical, or other architectural services at the scene of the declared emergency, will not be held legally responsible for injury, death, or damage to property that results from providing architectural services. They can be held legally responsible if acting with extreme carelessness or intent to cause harm. They can also be held legally responsible if they caused injury, death, or damage to property while operating a motor vehicle.

Full Title

Architect who volunteers during an emergency or disaster; qualified immunity

Full Text

(a) A professional architect who voluntarily, without compensation, provides structural, electrical, mechanical, or other architectural services at the scene of a declared disaster or emergency, declared under federal law or in accordance with the provisions of Article 1A of Chapter 166A of the General Statutes, at the request of a 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 architect's acts or omissions in the performance of the architectural services. (b) The immunity provided in subsection (a) of this section applies only to an architectural service: (1) For any structure, building, piping, or other architectural system, either publicly or privately owned. (2) That occurs within 45 days after the declaration of the emergency or disaster, unless the 45-day immunity period is extended by an executive order issued by the Governor under the Governor's emergency executive powers. (c) The immunity provided in subsection (a) of this section does not apply if it is determined that the personal injury, wrongful death, property damage, or other loss was caused by the gross negligence, wanton conduct, or intentional wrongdoing of the professional architect or arose out of the operation of a motor vehicle. (d) As used in this section: (1) "Building inspection official" means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or disaster is declared. (2) "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 the emergency or disaster is declared. (3) "Public official" means any federal, State, or locally elected official with overall executive responsibility in the jurisdiction in which the emergency or disaster is declared. (4) "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 the emergency or disaster is declared.