78B-4-506 - Limited immunity for architects and engineers inspecting earthquake damage.
78B-4-506. Limited immunity for architects and engineers inspecting earthquakedamage.
(1) A professional engineer licensed under Title 58, Chapter 22, Professional Engineersand Land Surveyors Licensing Act, or an architect licensed under Title 58, Chapter 3a, ArchitectsLicensing Act, who provides structural inspection services at the scene of a declared national,state, or local emergency caused by a major earthquake is not liable for any personal injury,wrongful death, or property damage caused by the good faith inspection for structural integrity ornonstructural elements affecting health and safety of a structure used for human habitation orowned by a public entity if the inspection is performed:
(a) voluntarily, without compensation or the expectation of compensation;
(b) at the request of a public official or city or county building inspector acting in anofficial capacity; and
(c) within 30 days of the earthquake.
(2) The immunity provided for in Subsection (1) does not apply to gross negligence orwillful misconduct.
Renumbered and Amended by Chapter 3, 2008 General Session