A N A C T
RELATING TO BUSINESSES AND PROFESSIONS - - IMMUNITY FROM CIVIL LIABILITY TO ARCHITECTS, ENGINEERS, LAND SURVEYORS AND LANDSCAPE ARCHITECTS
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 5-1 of the General Laws entitled "Architects" is hereby amended by adding thereto the following section:
5-1-16. Architects rendering assistance during disaster emergency - Immunity from civil liability. --
(a) An architect or architectural firm, duly licensed to practice in Rhode Island under this chapter, who voluntarily and without compensation provides architectural services at the scene of a disaster emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss or damages caused by an act or omission of such architect or architectural firm in performing such services.
(b) As used in this section, "disaster emergency" means a disaster emergency declared by executive order or proclamation of the governor pursuant to R.I. General Laws section 30-15-1 et seq.
(c) The immunity provided in subsection (a) of this section applies only to the practice of architecture as defined in this chapter regarding an architectural service that:
(1) Concerns any building, structure, or system, whether publicly or privately owned that is identified pursuant to a disaster emergency executive order or proclamation;
(2) Relates to the structural integrity of the entire building, structure, or system or any portion thereof, or to a nonstructural element thereof, affecting public safety; and
(3) Is rendered during the time in which a state of disaster emergency exists, as provided in R.I. General Laws section 30-15-1 et seq.
(d) The immunity granted by this section shall not apply to acts or omissions constituting gross negligence or willful misconduct.
SECTION 2. Chapter 5-8 of the General Laws entitled "Engineers" is hereby amended by adding thereto the following section:
5-8-25. Engineers rendering assistance during disaster emergency - Immunity from civil liability . --
(a) An engineer or engineering firm, duly licensed to practice in Rhode Island under this chapter, who voluntarily and without compensation provides engineering services at the scene of a disaster emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss or damages caused by an act or omission of such engineer or engineering firm in performing such services.
(b) As used in this section, "disaster emergency" means a disaster emergency declared by executive order or proclamation of the governor pursuant to R.I. General Laws section 30-15-1 et seq.
(c) The immunity provided in subsection (a) of this section applies only to the practice of engineering as defined in this chapter regarding an engineering service that:
(1) Concerns any building, structure or system whether publicly or privately owned that is identified pursuant to a disaster emergency executive order or proclamation;
(2) Relates to the structural integrity of the entire building structure or system or any portion thereof, or to a nonstructural element thereof, affecting public safety; and
(3) Is rendered during the time in which a state of disaster emergency exists, as provided in R.I. General Laws section 30-15-1 et seq.
(d) The immunity granted by this section shall not apply to acts or omissions constituting gross negligence or willful misconduct.
SECTION 3. Chapter 5-8.1 of the General Laws entitled "Land Surveyors" is hereby amended by adding thereto the following section:
5-8.1-20. Land surveyors rendering assistance during disaster emergency - Immunity from civil liability. --
(a) A land surveyor, duly licensed to practice in Rhode Island under this chapter, who voluntarily and without compensation provides land surveying services at the scene of a disaster emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss or damages caused by an act or omission of such land surveyor in performing such services.
(b) As used in this section, "disaster emergency" means a disaster emergency declared by executive order or proclamation of the governor pursuant to R.I. General Laws section 30-15-1 et seq.
(c) The immunity provided in subsection (a) of this section applies only to the practice of land surveying as defined in this chapter regarding a land surveying service that:
(1) Concerns a land, air, space, or water resource, whether publicly or privately owned that is identified pursuant to a disaster emergency executive order or proclamation;
(2) Relates to the integrity of the entire land, air, space, or water resource or any portion thereof and affects public safety; and
(3) Is rendered during the time in which a state of disaster emergency exists, as provided in R. I. General Laws section 30-15-1 et seq.
(d) The immunity granted by this section shall not apply to acts or omissions constituting gross negligence or willful misconduct.
SECTION 4. Chapter 5-51 of the General Laws entitled "Rhode Island State Board of Examiners of Landscape Architects" is hereby amended by adding thereto the following section:
5-51-18. Landscape architects rendering assistance during disaster emergency - Immunity from civil liability. --
(a) A landscape architect or landscape architectural firm, duly licensed to practice in Rhode Island under this chapter, who voluntarily and without compensation provides landscape architecture services at the scene of a disaster emergency shall not be liable for any personal injury, wrongful death, property damage, or other loss or damages caused by an act or omission of such landscape architect or landscape architectural firm in performing such services.
(b) As used in this section, "disaster emergency" means a disaster emergency declared by executive order or proclamation of the governor pursuant to R.I. General Laws section 30-15-1 et seq.
(c) The immunity provided in subsection (a) of this section applies only to the practice of landscape architecture as defined in this chapter regarding a landscape architectural service that:
(1) Concerns a land, air, space or water resource whether publicly or privately owned that is identified pursuant to a disaster emergency executive order or proclamation;
(2) Relates to the integrity of the entire land, air, space, or water resource or any portion thereof and affects public safety; and
(3) Is rendered during the time in which a state of disaster emergency exists, as provided in R. I. General Laws section 30-15-1 et seq.
(d) The immunity granted by this section shall not apply to acts or omissions constituting gross negligence or willful misconduct.
SECTION 5. Section 5-8-11 of the General Laws in Chapter 5-8 entitled "Engineers" is hereby amended to read as follows:
5-8-11. General requirements for registration or certification. -- (a) Engineer or engineer in training. To be eligible for registration as a professional engineer or certification as an engineer in training, an applicant must be of good character and reputation and shall submit five (5) references with his or her application for registration, three (3) of which references shall be registered engineers having personal knowledge of his or her engineering experience, or in the case of an application for certification as an engineer-in-training, by three (3) character references.
(b) The following is considered minimum evidence satisfactory to the board that the applicant is qualified for registration as a professional engineer or for certification as an engineer-in-training, respectively:
(1) As a professional engineer:
(i) Registration by endorsement. (A) A person holding a current certificate of registration to engage in the practice of engineering, on the basis of comparable written examinations, issued to him or her by either a proper authority of a state, territory, or possession of the United States, the District of Columbia, or of any foreign country, and whose qualifications meets the requirements of this chapter, based on verified evidence may, upon application, be registered without further examination.
(B) A person holding a certificate of qualification issued by the national council of examiners for engineering and surveying, whose qualifications meet the requirements of this chapter, may, upon application, be registered without further examination, provided he or she is qualified.
(ii) Graduation from an accredited program, experience and examination. A graduate of or senior enrolled in an ABET accredited engineering curriculum of four (4) years or more approved by the board as being of satisfactory standing, is admitted to an eight (8) hour written examination in the fundamentals of engineering. Upon passing this examination and obtaining a specific record of a minimum of four (4) years of experience in engineering work of a grade and character which indicates to the board that the applicant may be competent to practice engineering, the applicant may be admitted to an eight (8) hour written examination in the principles and practice of engineering. The graduate having a specific record of twelve (12) years or more of experience in engineering work of a grade and character which indicates to the board that the applicant may be competent to practice engineering, is admitted to an eight (8) hour written examination in the principles and practice of engineering. Upon passing that examination, the applicant is granted a certificate of registration to practice engineering in this state, provided he or she is qualified.
(iii) Graduation from a nonaccredited program, experience, and examination. A graduate of or senior enrolled in an engineering curriculum of four (4) years or more other than those approved by the board as being of satisfactory standing is admitted to an eight (8) hour written examination in the fundamentals of engineering. Upon passing this examination and obtaining a specific record of a minimum of four (4) years of experience in engineering work of a grade and character which indicates to the board that the applicant may be competent to practice engineering, the applicant may be admitted to an eight (8) hour written examination in the principles and practice of engineering. Upon passing these examinations, the applicant is granted a certificate of registration to practice engineering in this state, provided he or she is qualified.
(iv) Teaching. Engineering teaching in a college or university offering an ABET accredited engineering curriculum of four (4) years or more may be considered as engineering experience.
(v) Engineers previously registered. Each engineer holding a certificate of registration and each engineer in training under the laws of this state as previously in effect is deemed registered as an engineer or engineer in training as appropriate under this chapter.
(2) As an engineer in training:
The following is considered as minimum evidence that the applicant is qualified for certification as an engineer in training:
(i) Graduation and examination. A graduate of an ABET accredited engineering curriculum of four (4) years or more who has passed the board's eight (8) hour written examination in the fundamentals of engineering is certified or enrolled as an engineer in training, if he or she is qualified.
(ii) Graduation from a nonaccredited program and examination. A graduate of a nonaccredited engineering curriculum of four (4) years or more who has passed the board's eight (8) hour written examination in the fundamentals of engineering and has obtained two (2) years of engineering experience of a grade and character approved by the board is certified and enrolled as an engineer in training, if he or she is qualified.
(iii) Duration of engineer in training certification. The certification or enrollment of an engineer in training is valid for a minimum period of twelve (12) years.
SECTION 6. This act shall take effect upon passage.