78B-4-514. Definitions — Immunity for architects and engineers during emergencies.
| (1) |
As used in this section:
Terms Used In Utah Code 78B-4-514- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- Person: means :Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
“Architect” means a person licensed in accordance with Title 58, Chapter 3a, Architects Licensing Act. |
| (d) |
“Public official” means an appointed or elected federal, state, or local official, including building inspectors and police and fire chiefs, acting within the scope and jurisdiction of the official’s authority during a declared emergency. |
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| (2) |
An architect or professional engineer, acting in good faith and within the scope of his or her respective license, is not liable for:
| (a) |
any acts, errors, or omissions; or |
| (b) |
personal injury, wrongful death, property damage, or any other loss arising from architectural or engineering services provided by the architect or engineer:
| (i) |
as a non-paid volunteer at the request of a public official; and |
| (ii) |
during, or for 90 days following, a declared state of emergency. |
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| (3) |
Nothing in Subsection (2) shall be construed to provide immunity to an architect or engineer for architectural or engineering services that are not within the scope of licensure. |
Amended by Chapter 258, 2015 General Session
