Chapter 405 |
2025 -- H 5155 SUBSTITUTE A Enacted 07/02/2025 |
A N A C T |
RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS |
Introduced By: Representatives Cotter, Bennett, Casimiro, Potter, Solomon, McNamara, Speakman, Fogarty, Slater, and Giraldo |
Date Introduced: January 24, 2025 |
It is enacted by the General Assembly as follows: |
SECTION 1. Section 5-1-16 of the General Laws in Chapter 5-1 entitled "Architects" is |
hereby amended to read as follows: |
5-1-16. Architects rendering assistance during disaster emergency — Immunity from |
civil liability. |
(a)(1) An architect or architectural firm, duly licensed to practice in Rhode Island under |
this chapter, who or that voluntarily and without compensation provides architectural services at |
the scene of a disaster emergency is not liable for any personal injury, wrongful death, property |
damage, or other loss or damages caused by an act or omission of the architect or architectural firm |
in performing the services. |
(2) An architect or architectural firm, duly licensed to practice in Rhode Island under this |
chapter, who or that voluntarily and without compensation provides architectural services at the |
scene of a disaster emergency and all authorized disaster response workers who shall, in the course |
of performing their duties as such, practice professional, architecture, mechanical, engineering or |
other skill during a disaster emergency, in the absence of benefits provided by law, shall be entitled |
to all rights in like manner as state employees under the provisions of chapters 29 through 38 of |
title 28, and under the provisions of § 9-31-8. |
(b) As used in this section, “disaster emergency” means a disaster emergency declared by |
executive order or proclamation of the governor pursuant to chapter 15 of title 30. |
(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 of the structure or system, or to a nonstructural element of the structure or system, affecting |
public safety; and |
(3) Is rendered during the time in which a state of disaster emergency exists, as provided |
in chapter 15 of title 30. |
(d) The immunity granted by this section shall not apply to acts or omissions constituting |
gross negligence or willful misconduct. |
(e) In the event that the governor of Rhode Island declares a state disaster, all registered |
architects with a National Council of Architectural Registration Boards (NCARB) certification will |
be allowed to practice for a period of ninety (90) days from the date of the declared disaster. |
SECTION 2. This act shall take effect upon passage. |
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LC000538/SUB A/3 |
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