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Emergency Law Inventory | Full Law Text

Law Number

RSA 508:12-d

Summary Title

Liability: Architect or Engineer

Summary

When an emergency declaration is in effect, a licensed architect or engineer, who, in good faith, voluntarily, and without compensation, provides their professional advice or assistance at the request of a public official will not be held legally responsible for acting or for failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Liability Limited; Licensed Engineers and Architects

Full Text

I. Any engineer or engineering firm, architect, or architectural firm licensed pursuant to RSA 310-A who, in good faith, voluntarily and without charge or compensation, acting under the direction of the director of the division of homeland security and emergency management, the state fire marshal, or a town or city emergency management director who is managing a natural or human caused disaster or other life-threatening emergency, provides professional advice or assistance in connection with such disaster or emergency, shall not be liable for any civil damages alleged to have been caused by the acts or omissions of such licensed professional or firm in providing the requested professional advice or assistance, subject to the following conditions: (a) The service rendered applies to the practice of engineering or architecture and concerns any building, structure, or system, whether publicly or privately owned, that is involved in or affected by the disaster or emergency; (b) The service rendered relates to the structural integrity of the entire building or system or any portion thereof, or to a nonstructural element of the structure or system, affecting public safety; and (c) The service is rendered during the time in which the emergency exists. II. The immunity granted by this section shall not apply to acts or omissions constituting gross negligence, or wanton or willful misconduct.

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