State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_89C > GS_89C-19_1

§89C‑19.1.  Engineer who volunteers during an emergency or disaster;qualified immunity.

(a)        A professionalengineer who voluntarily, without compensation, provides structural,electrical, mechanical, or other engineering services at the scene of a declareddisaster or emergency, declared under federal law or in accordance with theprovisions of Article 1 of Chapter 166A of the General Statutes or Article 36Aof Chapter 14 of the General Statutes, at the request of a public official, lawenforcement 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 professionalengineer's acts or omissions in the performance of the engineering services.

(b)        The immunityprovided in subsection (a) of this section applies only to an engineeringservice:

(1)        For any structure,building, piping, or other engineered system, either publicly or privatelyowned.

(2)        That occurs within45 days after the declaration of the emergency or disaster, unless the 45‑dayimmunity period is extended by an executive order issued by the Governor underthe Governor's emergency executive powers.

(c)        The immunityprovided in subsection (a) of this section does not apply if it is determinedthat the personal injury, wrongful death, property damage, or other loss wascaused by the gross negligence, wanton conduct, or intentional wrongdoing ofthe professional engineer, or arose out of the operation of a motor vehicle.

(d)        As used in thissection:

(1)        "Buildinginspection official" means any appointed or elected federal, State, orlocal official with overall executive responsibility to coordinate buildinginspection in the jurisdiction in which the emergency or disaster is declared.

(2)        "Lawenforcement official" means any appointed or elected federal, State, orlocal official with overall executive responsibility to coordinate lawenforcement in the jurisdiction in which the emergency or disaster is declared.

(3)        "Publicofficial" means any federal, State, or locally elected official withoverall executive responsibility in the jurisdiction in which the emergency ordisaster is declared.

(4)        "Public safetyofficial" means any appointed or elected federal, State, or local officialwith overall executive responsibility to coordinate public safety in thejurisdiction in which the emergency or disaster is declared. (1995,c. 416, s. 1.)