S-1047.1                   _______________________________________________

                                                     SENATE BILL 5768

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Haugen, Oke, Loveland, Nelson, Owen, Cantu and Moyer

Read first time 02/12/93.  Referred to Committee on Law & Justice.

Providing for inspection services at an emergency scene upon the request of a public official.

          AN ACT Relating to architectural and engineering inspection services at an emergency scene; adding a new section to chapter 4.24 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

          (1) An architect or professional engineer who voluntarily, without compensation or expectation of compensation, except for compensation of expenses incurred directly by the architect or professional engineer performing services under this section, provides architectural and engineering inspection services at the scene of a declared national, state, or local emergency caused by a major earthquake or other emergency at the request of a public official, law enforcement officer, fire fighter, or city or county building inspector acting in an official capacity shall not be liable for any civil damages as a result of any act or omission by the architect or professional engineer's good faith inspection of a structure or building for structural integrity or nonstructural elements affecting life and safety.

          The immunity provided by this section shall apply only for an inspection that occurs within thirty days of the earthquake.

          Nothing in this section shall provide immunity for gross negligence or willfull misconduct.

          (2) As used in this section:

          (a) "Architect" means architect as defined under RCW 18.08.320.

          (b) "Fire fighter" means fireman as defined under RCW 41.16.010.

          (c) "Law enforcement officer" means a member of the state patrol, a sheriff or deputy sheriff, or a member of the police force of a city, town, university, or state college.

          (d) "Professional engineer" means professional engineer as defined under RCW 18.43.020.

          (e) "Public official" means any of the following:  The governor, the chief executive of a county, city, or town, and the emergency management director of a local political subdivision appointed under chapter 38.52 RCW.

NEW SECTION. Sec. 2.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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