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SB-46 Liability: building inspections.(1989-1990)

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SB46:v95#DOCUMENT

Senate Bill No. 46
CHAPTER 30

An act to add Sections 5536.27 and 6706 to the Business and Professions Code, relating to liability, and declaring the urgency thereof, to take effect immediately.

[ Filed with Secretary of State  September 20, 1990. Approved by Governor  September 19, 1990. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 46, Lockyer. Liability: building inspections.
Existing law does not provide immunity from liability for architects and engineers who inspect buildings.
This bill would provide that an architect or engineer who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared national, state, or local emergency caused by a major earthquake at the request of a public official, public safety officer, or city or county building inspector acting in an official capacity shall not be liable in negligence for any personal injury, wrongful death, or property damage caused by the good faith but negligent inspection of a structure used for habitation or owned by a public entity for structural integrity or nonstructural elements affecting health and safety. This immunity would apply to inspections within 30 days of the earthquake, and would not apply to gross negligence or willful misconduct.
The bill would declare that it would take effect immediately as an urgency statute.

The people of the State of California do enact as follows:


SECTION 1.

 Section 5536.27 is added to the Business and Professions Code, to read:

5536.27.
 (a)  An architect who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared national, state, or local emergency caused by a major earthquake at the request of a public official, public safety officer, or city or county building inspector acting in an official capacity shall not be liable in negligence for any personal injury, wrongful death, or property damage caused by the architect’s good faith but negligent inspection of a structure used for human habitation or a structure owned by a public entity for structural integrity or nonstructural elements affecting life and safety.
The immunity provided by this section shall apply only for an inspection that occurs within 30 days of the earthquake.
Nothing in this section shall provide immunity for gross negligence or willful misconduct.
(b)  As used in this section:
(1)  “Architect” has the meaning given by Section 5500.
(2)  “Public safety officer” has the meaning given in Section 3301 of the Government Code.
(3)  “Public official” means a state or local elected officer.

SEC. 2.

 Section 6706 is added to the Business and Professions Code, to read:

6706.
 (a)  An engineer who voluntarily, without compensation or expectation of compensation, provides structural inspection services at the scene of a declared national, state, or local emergency caused by a major earthquake at the request of a public official, public safety officer, or city or county building inspector acting in an official capacity shall not be liable in negligence for any personal injury, wrongful death, or property damage caused by the engineer’s good faith but negligent inspection of a structure used for human habitation or owned by a public entity for structural integrity or nonstructural elements affecting life and safety.
The immunity provided by this section shall apply only for an inspection that occurs within 30 days of the earthquake.
Nothing in this section shall provide immunity for gross negligence or willful misconduct.
(b)  As used in this section:
(1)  “Engineer” means a person registered under this chapter as a professional engineer, including any of the branches thereof.
(2)  “Public safety officer” has the meaning given in Section 3301 of the Government Code.
(3)  “Public official” means a state or local elected officer.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to encourage the prompt inspection of potentially dangerous structures, it is necessary for this act to take effect immediately.