§ 32-03-47 — Definitions - Voluntary engineering services - Immunity

1. As used in this section:
a. "Architect" means a person registered under chapter 43-03 as an architect.
b. "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 event has occurred.
c. "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 event has occurred.
d. "Professional engineer" means a person licensed under chapter 43-19.1 as a
professional engineer.
e. "Public official" means any federal, state, or locally elected official with overall
executive responsibility in the jurisdiction in which the emergency or event has
occurred.
f. "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 event has occurred.
2. An architect or a professional engineer who voluntarily, without compensation,
provides architectural or structural, electrical, mechanical, or other engineering
services at the scene of a declared national, state, or local emergency caused by a
major earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster
or catastrophic event at the request of a national, state, or local public official, law
enforcement official, public safety official, or building inspection official acting in an
official capacity, is not liable for any personal injury, wrongful death, property damage,
or other loss caused by the architect's or professional engineer's acts, errors, or
omissions in the performance of any engineering services for any structure, building,
piping, or other engineered system, either publicly or privately owned.
3. The immunity provided in this section applies only to a voluntary engineering service
that occurs within ninety days of the emergency, disaster, or catastrophic event, unless
extended by the governor under chapter 37-17.1.
4. Nothing in this section provides immunity for wanton, willful, or intentional misconduct.