Okla. Stat. tit. 76, § 76-5.8
This is the official text of Okla. Stat. tit. 76, § 76-5.8, part of Oklahoma’s Stat. tit. 76, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 76,." Browse the sections below, each linked to its official government source.
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Voluntary architectural or engineering services following
Official statutory text
declared national, state or local emergency - Immunity from
liability.
A. A licensed architect or professional engineer who
voluntarily, without compensation other than expense reimbursement,
provides architectural, structural, electrical, mechanical or other
design professional services related to a declared national, state
or local emergency caused by a natural disaster or catastrophic
Oklahoma Statutes - Title 76. Torts Page 9
event, at the request of or with the approval of a national, state
or local public official, law enforcement official, public safety
official or building inspection official believed by the licensed
architect or professional engineer to be acting in an official
capacity, shall not be liable for any personal injury, wrongful
death, property damage or other loss of any nature related to the
licensed architect's or professional engineer's acts or omissions in
the performance of such professional services for any publicly or
privately owned structure, building, facility, project utility,
equipment, machine, process, piping or other system. Nothing in
this section shall provide immunity for injury or damage resulting
from gross negligence or willful or wanton misconduct in rendering
the emergency professional services. The immunity provided in this
section shall apply only to a voluntary architectural or engineering
service that occurs during the emergency or within ninety (90) days
following the end of the period for an emergency, disaster or
catastrophic event, unless extended by an executive order issued by
the Governor under the Governor's emergency executive powers.
B. In the event a natural disaster or catastrophic event
described pursuant to subsection A of this section occurs, and the
services of licensed architects or professional engineers who
provide architectural, structural, electrical, mechanical or other
design professional services are required, but the number of
professional persons licensed or registered in this state is
insufficient for such purpose, any person licensed or registered in
another state to practice such profession and who is a member of a
mobile support team or unit of the licensing state, may inspect and
placard structures for safety and habitability in this state upon
request by the Governor of this state and order of the Governor of
the person's home state without being licensed or registered in this
state. Out-of-state licensed architects or professional engineers
who inspect and placard structures for safety and habitability under
these conditions shall not be liable for any personal injury,
wrongful death, property damage or other loss related to the
licensed architect's or professional engineer's acts or omissions in
the performance of such emergency professional services for any
publicly or privately owned structure, building, facility, project
utility, equipment, machine, process, piping or other system.
Nothing in this section shall provide immunity for injury or damage
resulting from gross negligence or willful or wanton misconduct in
rendering the emergency professional services. The immunity
provided in this section shall apply only to a voluntary
architectural or engineering service of inspecting and placarding
structures for safety and habitability that occurs during the
emergency or within ninety (90) days following the end of the period
for an emergency, disaster or catastrophic event, unless extended by
Oklahoma Statutes - Title 76. Torts Page 10
an executive order issued by the Governor of this state under the
Governor's emergency executive powers.
C. For the purposes of this section:
1. "Building inspection official" means any appointed or
elected federal, state or local official with executive
responsibility to coordinate building inspection in the jurisdiction
in which the emergency or event has occurred;
2. "Law enforcement official" means any appointed or elected
rnor of this state under the
Governor's emergency executive powers.
C. For the purposes of this section:
1. "Building inspection official" means any appointed or
elected federal, state or local official with executive
responsibility to coordinate building inspection in the jurisdiction
in which the emergency or event has occurred;
2. "Law enforcement official" means any appointed or elected
federal, state or local official with executive responsibility to
coordinate law enforcement in the jurisdiction in which the
emergency or event has occurred;
3. "Licensed architect" means a person duly licensed pursuant
to Section 46.1 et seq. of Title 59 of the Oklahoma Statutes;
4. "Professional engineer" means a person duly licensed and
registered pursuant to Section 475.1 et seq. of Title 59 of the
Oklahoma Statutes;
5. "Public official" means any elected federal, state or local
official with executive responsibility in the jurisdiction in which
the emergency or event has occurred; and
6. "Public safety official" means any appointed or elected
federal, state or local official with executive responsibility to
coordinate public safety in the jurisdiction in which the emergency
or event has occurred.
liability.
A. A licensed architect or professional engineer who
voluntarily, without compensation other than expense reimbursement,
provides architectural, structural, electrical, mechanical or other
design professional services related to a declared national, state
or local emergency caused by a natural disaster or catastrophic
Oklahoma Statutes - Title 76. Torts Page 9
event, at the request of or with the approval of a national, state
or local public official, law enforcement official, public safety
official or building inspection official believed by the licensed
architect or professional engineer to be acting in an official
capacity, shall not be liable for any personal injury, wrongful
death, property damage or other loss of any nature related to the
licensed architect's or professional engineer's acts or omissions in
the performance of such professional services for any publicly or
privately owned structure, building, facility, project utility,
equipment, machine, process, piping or other system. Nothing in
this section shall provide immunity for injury or damage resulting
from gross negligence or willful or wanton misconduct in rendering
the emergency professional services. The immunity provided in this
section shall apply only to a voluntary architectural or engineering
service that occurs during the emergency or within ninety (90) days
following the end of the period for an emergency, disaster or
catastrophic event, unless extended by an executive order issued by
the Governor under the Governor's emergency executive powers.
B. In the event a natural disaster or catastrophic event
described pursuant to subsection A of this section occurs, and the
services of licensed architects or professional engineers who
provide architectural, structural, electrical, mechanical or other
design professional services are required, but the number of
professional persons licensed or registered in this state is
insufficient for such purpose, any person licensed or registered in
another state to practice such profession and who is a member of a
mobile support team or unit of the licensing state, may inspect and
placard structures for safety and habitability in this state upon
request by the Governor of this state and order of the Governor of
the person's home state without being licensed or registered in this
state. Out-of-state licensed architects or professional engineers
who inspect and placard structures for safety and habitability under
these conditions shall not be liable for any personal injury,
wrongful death, property damage or other loss related to the
licensed architect's or professional engineer's acts or omissions in
the performance of such emergency professional services for any
publicly or privately owned structure, building, facility, project
utility, equipment, machine, process, piping or other system.
Nothing in this section shall provide immunity for injury or damage
resulting from gross negligence or willful or wanton misconduct in
rendering the emergency professional services. The immunity
provided in this section shall apply only to a voluntary
architectural or engineering service of inspecting and placarding
structures for safety and habitability that occurs during the
emergency or within ninety (90) days following the end of the period
for an emergency, disaster or catastrophic event, unless extended by
Oklahoma Statutes - Title 76. Torts Page 10
an executive order issued by the Governor of this state under the
Governor's emergency executive powers.
C. For the purposes of this section:
1. "Building inspection official" means any appointed or
elected federal, state or local official with executive
responsibility to coordinate building inspection in the jurisdiction
in which the emergency or event has occurred;
2. "Law enforcement official" means any appointed or elected
rnor of this state under the
Governor's emergency executive powers.
C. For the purposes of this section:
1. "Building inspection official" means any appointed or
elected federal, state or local official with executive
responsibility to coordinate building inspection in the jurisdiction
in which the emergency or event has occurred;
2. "Law enforcement official" means any appointed or elected
federal, state or local official with executive responsibility to
coordinate law enforcement in the jurisdiction in which the
emergency or event has occurred;
3. "Licensed architect" means a person duly licensed pursuant
to Section 46.1 et seq. of Title 59 of the Oklahoma Statutes;
4. "Professional engineer" means a person duly licensed and
registered pursuant to Section 475.1 et seq. of Title 59 of the
Oklahoma Statutes;
5. "Public official" means any elected federal, state or local
official with executive responsibility in the jurisdiction in which
the emergency or event has occurred; and
6. "Public safety official" means any appointed or elected
federal, state or local official with executive responsibility to
coordinate public safety in the jurisdiction in which the emergency
or event has occurred.
Status: in_force · Read it on the official government site
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