2024 -- S 3110

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LC006180

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS

     Introduced By: Senators Bissaillon, and DiMario

     Date Introduced: May 29, 2024

     Referred To: Senate Labor

     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) 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.

     (b) 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, mechanical, or other skill during a disaster

emergency, in the absence of benefits provided by law, shall be considered state employees and

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)(c) 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)(d) 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)(e) The immunity granted by this section shall not apply to acts or omissions constituting

gross negligence or willful misconduct.

     (e)(f) 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS

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     This act would provide that architects and other authorized disaster response workers be

considered, in the course of performing their duties, state workers and be entitled to all rights in

like manner as state employees.

     This act would take effect upon passage.

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