First Regular Session
Sixty-first General Assembly
LLS NO. 970285.01 MTJ
HOUSE BILL 971089
STATE OF COLORADO
BY REPRESENTATIVES Agler, Hagedorn, and Pfiffner.
BUSINESS AFFAIRS & LABOR
A BILL FOR AN ACT
CONCERNING THE LIMITATION OF LIABILITY FOR ARCHITECTS
WHO PROVIDE ASSISTANCE DURING EMERGENCIES OR DISASTERS.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Grants qualified immunity to licensed architects
who voluntarily provide architectural services at the scene of
a declared disaster or emergency.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 1 of article 21 of title 13, Colorado Revised Statutes, 1987 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
1321108.3. Architects rendering assistance during an emergency or disaster qualified immunity from civil liability. (1) AN ARCHITECT, LICENSED PURSUANT TO ARTICLE 4 OF TITLE 12, C.R.S., WHO VOLUNTARILY, WITHOUT COMPENSATION, PROVIDES ARCHITECTURAL SERVICES AT THE SCENE OF A DECLARED DISASTER OR EMERGENCY, DECLARED UNDER FEDERAL LAW OR AT THE REQUEST OF A PUBLIC OFFICIAL, LAW ENFORCEMENT 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 LICENSED ARCHITECT'S ACTS OR OMISSIONS IN THE PERFORMANCE OF THE ARCHITECTURAL SERVICES.
(2) THE IMMUNITY PROVIDED IN SUBSECTION (1) OF THIS SECTION APPLIES ONLY TO AN ARCHITECTURAL SERVICE:
(a) FOR ANY STRUCTURE, BUILDING, PIPING, OR OTHER ARCHITECTURAL SYSTEM, EITHER PUBLICLY OR PRIVATELY OWNED AND USED FOR HUMAN HABITATION FOR STRUCTURAL INTEGRITY, OR NONSTRUCTURAL ELEMENTS AFFECTING LIFE SAFETY; AND
(b) THAT OCCURS WITHIN FORTYFIVE DAYS AFTER THE DECLARATION OF THE EMERGENCY OR DISASTER, UNLESS THE FORTYFIVE DAY IMMUNITY PERIOD IS EXTENDED BY AN EXECUTIVE ORDER ISSUED BY THE GOVERNOR UNDER THE GOVERNOR'S EMERGENCY EXECUTIVE POWERS.
(3) NOTHING IN THIS SECTION SHALL PROVIDE IMMUNITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
(4) AS USED IN THIS SECTION:
(a) "BUILDING INSPECTION OFFICIAL" MEANS ANY APPOINTED OR ELECTED FEDERAL, STATE, OR LOCAL OFFICIAL WITH OVERALL EXECUTIVE RESPONSIBILITY TO COORDINATE BUILDING INSPECTION IN THE JURISDICTION IN WHICH THE EMERGENCY OR DISASTER IS DECLARED.
(b) "LAW ENFORCEMENT OFFICIAL" MEANS ANY APPOINTED OR ELECTED FEDERAL, STATE, OR LOCAL OFFICIAL WITH OVERALL EXECUTIVE RESPONSIBILITY TO COORDINATE LAW ENFORCEMENT IN THE JURISDICTION IN WHICH THE EMERGENCY OR DISASTER IS DECLARED.
(c) "PUBLIC OFFICIAL" MEANS ANY ELECTED FEDERAL, STATE, OR LOCAL OFFICIAL WITH OVERALL EXECUTIVE RESPONSIBILITY IN THE JURISDICTION IN WHICH THE EMERGENCY OR DISASTER IS DECLARED.
(d) "PUBLIC SAFETY OFFICIAL" MEANS ANY APPOINTED OR ELECTED FEDERAL, STATE, OR LOCAL OFFICIAL WITH OVERALL EXECUTIVE RESPONSIBILITY TO COORDINATE PUBLIC SAFETY IN THE JURISDICTION IN WHICH THE EMERGENCY OR DISASTER IS DECLARED.
SECTION 2. Effective date applicability. This act shall take effect July 1, 1997, and shall apply to acts or omissions committed on or after said date.
SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.