BY SENATORS Schroeder, Alexander, Congrove, Norton, Powers, and Tebedo;
also REPRESENTATIVES Agler, Lawrence, Pfiffner, Salaz,
and Tucker.
CONCERNING A GRANT OF QUALIFIED IMMUNITY TO LICENSED
PROFESSIONALS WHO ASSIST IN SECURING THE SAFETY OF STRUCTURES
DURING TIMES OF 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, is amended
BY THE ADDITION OF A NEW SECTION to read:
1321108.3. Architects and professional engineers rendering assistance during emergency or disaster qualified immunity from civil liability. (1) AN ARCHITECT LICENSED PURSUANT TO ARTICLE 4 OF TITLE 12, C.R.S., OR A PROFESSIONAL ENGINEER LICENSED PURSUANT TO ARTICLE 25 OF TITLE 12, C.R.S., WHO VOLUNTARILY AND WITHOUT COMPENSATION PROVIDES ARCHITECTURAL OR ENGINEERING SERVICES, RESPECTIVELY, AT THE SCENE OF AN EMERGENCY SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, OR OTHER LOSS CAUSED BY AN ACT OR OMISSION OF SUCH ARCHITECT OR ENGINEER IN PERFORMING SUCH SERVICES.
(2) AS USED IN THIS SECTION, "EMERGENCY"
MEANS A DISASTER EMERGENCY DECLARED BY EXECUTIVE ORDER OR PROCLAMATION
OF THE GOVERNOR PURSUANT TO SECTION 24322104 (4),
C.R.S.
(3) THE IMMUNITY PROVIDED IN SUBSECTION
(1) OF THIS SECTION APPLIES ONLY TO AN ARCHITECTURAL OR ENGINEERING
SERVICE THAT:
(a) CONCERNS AN IDENTIFIED BUILDING, STRUCTURE,
OR OTHER ARCHITECTURAL OR ENGINEERING SYSTEM, WHETHER PUBLICLY
OR PRIVATELY OWNED;
(b) RELATES TO THE STRUCTURAL INTEGRITY
OF THE BUILDING, STRUCTURE, OR SYSTEM OR TO A NONSTRUCTURAL ELEMENT
THEREOF AFFECTING LIFE SAFETY; AND
(c) IS RENDERED DURING THE TIME IN WHICH
A STATE OF DISASTER EMERGENCY EXISTS, AS PROVIDED IN SECTION 24322104
(4), C.R.S.
(4) NOTHING IN THIS SECTION SHALL PROVIDE
IMMUNITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
SECTION 2. Effective
date applicability. This act shall take
effect July 1, 1998, and shall apply to acts 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.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Patricia K. Dicks Judith M. Rodrigue
ASSISTANT SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO