PRINTER'S NO. 1246
No. 1128 Session of 1993
INTRODUCED BY GEIST, BELARDI, PETRONE, WAUGH, BELFANTI, FARMER,
TRELLO, KREBS, TIGUE, DENT, GLADECK, ARMSTRONG, CLYMER, NYCE,
FAJT, PHILLIPS, SEMMEL, GERLACH, D. W. SNYDER, ROHRER, KING,
MILLER, LEH, HARLEY, PESCI, CIVERA, CLARK, OLASZ, BATTISTO,
MARKOSEK, PETTIT, FARGO, MARSICO, HASAY, CESSAR, STRITTMATTER
AND TOMLINSON, APRIL 19, 1993
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 19, 1993
AN ACT
1 Amending the act of May 23, 1945 (P.L.913, No.367), entitled, as
2 amended, "An act relating to and regulating the practice of
3 the profession of engineering, including civil engineering,
4 mechanical engineering, electrical engineering, mining
5 engineering and chemical engineering, and the profession of
6 land surveying and constituent parts and combinations thereof
7 as herein defined; providing for the licensing and
8 registration of persons practicing said profession, and the
9 certification of engineers-in-training and surveyors-in-
10 training, and the suspension and revocation of said licenses,
11 registrations and certifications for violation of this act;
12 prescribing the powers and duties of the State Registration
13 Board for Professional Engineers and Professional Land
14 Surveyors, the Department of State and the courts;
15 prescribing penalties; and repealing existing laws,"
16 providing for immunity from liability.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. The act of May 23, 1945 (P.L.913, No.367), known
20 as the Engineer, Land Surveyor and Geologist Registration Law,
21 is amended by adding a section to read:
22 Section 10.3. Immunity from Liability.--(a) A professional
23 engineer who voluntarily, without compensation, provides
1 structural, electrical, mechanical or other engineering services
2 at the scene of a declared national, State or local emergency
3 caused by a major earthquake, hurricane, tornado, fire,
4 explosion, collapse or other similar disaster or catastrophic
5 event at the request of a national, State or local public
6 official, law enforcement official, public safety official or
7 building inspection official acting in an official capacity,
8 shall not be liable for any personal injury, wrongful death,
9 property damage or other loss caused by the professional
10 engineer's acts, errors or omissions in the performance of any
11 engineering services for any structure, building, piping or
12 other engineered system, either publicly or privately owned.
13 (b) The immunity provided in this section shall apply only
14 to a voluntary engineering service that occurs within 90 days of
15 the emergency, disaster or catastrophic event, unless extended
16 by an executive order issued by the Governor under the
17 Governor's emergency executive powers as provided by law.
18 (c) This section shall not provide immunity for wanton,
19 wilful or intentional misconduct.
20 (d) As used in this section, the following words and phrases
21 shall have the meanings given to them in this subsection:
22 (1) "Building inspection official" means any appointed or
23 elected Federal, State or local official with overall executive
24 responsibility to coordinate building inspection in the
25 jurisdiction in which the emergency or event has occurred.
26 (2) "Law enforcement official" means any appointed or
27 elected Federal, State or local official with overall executive
28 responsibility to coordinate law enforcement in the jurisdiction
29 in which the emergency or event has occurred.
30 (3) "Public official" means any Federal, State or locally
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1 elected official with overall executive responsibility in the
2 jurisdiction in which the emergency or event has occurred.
3 (4) "Public safety official" means any appointed or elected
4 Federal, State or local official with overall executive
5 responsibility to coordinate public safety in the jurisdiction
6 in which the emergency or event has occurred.
7 Section 2. This act shall take effect in 60 days.
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