District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0173 Compare Versions

Only one version of the bill is available at this time.

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11	11	March 7, 2025
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13	13	Nyasha Howard, Secretary
14	14	Council of the District of Columbia
15	15	1350 Pennsylvania Avenue, NW
16	16	Washington, DC 20004
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18	18	Dear Secretary Howard :
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20	20	Today, along with Chairman Phil Mendelson and Councilmembers Brooke Pinto, Janeese Lewis
21	21	George, Brianne K. Nadeau, and Robert C. White, Jr., I am introducing the “Architect and
22	22	Engineer Good Samaritan Amendment Act of 2025 .” Please find enclosed a signed copy of the
23	23	legislation.
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25	25	In response to natural and human -made disasters and emergencies, we rely on licensed
26	26	professionals to voluntarily render aid. To make sure that these licensed professionals are not
27	27	discouraged from providing that critical assistance , current law protects some types of
28	28	professionals against civil liability when rendering aid to those in need. This type of law is known
29	29	as a “Good Samaritan” law, and it is frequently invoked in situations involving help provided by
30	30	physicians in medical or life -threatening emergencies.
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32	32	Architects and registered civil, geotechnical, and structural engineers are more than willing to
33	33	volunteer their skills and time to help communities rebuild and safely respond to natural or
34	34	human- made disasters. For example, these professionals may be called on by state or local
35	35	emergency management agencies to provide immediate post-crisis safety and habitability
36	36	evaluations of homes, buildings, or other infrastructure in the event of a fire, building collapse,
37	37	earthquake, or severe weather. Forty-one states across the country – including Maryland and
38	38	Virginia -- have Good Samaritan laws in place to protect architects and engineers who provide
39	39	disaster assistance from civil liability.
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41	41	This legislation would have the District join the supermajority of states across the country by
42	42	limiting civil liability, absent gross negligence or willful misconduct, for licensed architects or
43	43	professional engineers who, in good faith and without compensation, render assistance at the
44	44	scene of or in connection with a life-threatening emergency in the built environment, at the
45	45	direction or request of or with the approval of a federal or District official, during a period of a 2
46	46	public emergency declared by the Mayor or within 90 days following the end of the period for
47	47	the life-threatening emergency in the built environment.
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49	49	Please feel free to reach out to me or my Legislative Director, Antonio Nunes, with any questions
50	50	or for additional information.
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52	52	Sincerely,
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54	54	Charles Allen, Ward 6 Councilmember
55	55	Chairperson, Committee on Transportation & the Environment
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58	58	___________________________ ______________________________ 1
59	59	Chairman Phil Mendelson Councilmember Charles Allen 2
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62	62	___________________________ ______________________________ 5
63	63	Councilmember Brooke Pinto Councilmember Janeese Lewis George 6
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66	66	___________________________ ______________________________ 9
67	67	Councilmember Brianne K. Nadeau Councilmember Robert C. White, Jr. 10
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72	72	A BILL 15
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74	74	________ 17
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77	77	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 20
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79	79	_________________ 22
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82	82	To amend Subchapter I-B of Chapter 28 of Title 47 of the District of Columbia Official Code to 25
83	83	provide limited civil liability, absent gross negligence or willful misconduct, to licensed 26
84	84	architects and professional engineers who, in good faith and without compensation, 27
85	85	render assistance at the scene of or in connection with a life-threatening emergency in the 28
86	86	built environment, at the direction or request of or with the approval of a federal or 29
87	87	District official, during a period of a public emergency declared by the Mayor or within 30
88	88	90 days following the end of the period for the life-threatening emergency in the built 31
89	89	environment. 32
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91	91	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 34
92	92	act may be cited as the “Architect and Engineer Good Samaritan Amendment Act of 2025”. 35
93	93	Sec. 2. Subchapter I-B of Chapter 28 of Title 47 of the District of Columbia Official 36
94	94	Code is amended as follows: 37
95	95	(a) Part C is amended as follows: 38
96	96	(1) The table of contents is amended by adding a new section designation as 39
97	97	follows: 40
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99	99	“§ 47-2853.69. Limited civil liability for voluntary practice of architecture at scene of 41
100	100	life-threatening emergency in the built environment.”. 42
101	101	(2) A new section 47-2853.69 is added to read as follows: 43
102	102	“§ 47-2853.69. Limited civil liability for voluntary practice of architecture at scene of 44
103	103	life-threatening emergency in the built environment. 45
104	104	“Any person with a valid license as an architect shall not be liable, in the absence of gross 46
105	105	negligence or willful misconduct, for any civil damages for acts or omissions resulting from the 47
106	106	rendering of assistance at the scene of or in connection with a life-threatening emergency in the 48
107	107	built environment; provided, that the person acted: 49
108	108	“(1) During a public emergency declared by the Mayor pursuant to section 5(a) of 50
109	109	the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-51
110	110	149; D.C. Official Code § 7-2304(a)), or within 90 days following the end of the period for the 52
111	111	life-threatening emergency in the built environment; 53
112	112	“(2) In good faith and without compensation; 54
113	113	“(3) At the direction or request of or with the approval of a federal or District 55
114	114	official reasonably believed by the person to be acting in an official capacity; and 56
115	115	“(4) After having completed a training program that uses the California Office of 57
116	116	Emergency Management’s Safety Assessment Program to provide licensed architects the ability 58
117	117	to assist local governments in safety evaluation of their built environment in the aftermath of a 59
118	118	life-threatening emergency in the built environment.”. 60
119	119	(b) Part J is amended as follows: 61
120	120	(1) The table of contents is amended by adding a new section designation as 62
121	121	follows: 63
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123	123	“§ 47-2853.134. Limited civil liability for voluntary practice of engineering at scene of 64
124	124	life-threatening emergency in the built environment.”. 65
125	125	(2) A new section 47-2853.134 is added to read as follows: 66
126	126	“§47-2853.134. Limited civil liability for voluntary practice of engineering at scene of 67
127	127	life-threatening emergency in the built environment. 68
128	128	“Any person with a valid license as a professional engineer shall not be liable, in the 69
129	129	absence of gross negligence or willful misconduct, for any civil damages for acts or omissions 70
130	130	resulting from the rendering of assistance at the scene of or in connection with a life-threatening 71
131	131	emergency in the built environment; provided, that the person acted: 72
132	132	“(1) During a public emergency declared by the Mayor pursuant to section 5(a) of 73
133	133	the District of Columbia Public Emergency Act of 1980, effective March 5, 1981 (D.C. Law 3-74
134	134	149; D.C. Official Code § 7-2304(a)), or within 90 days following the end of the period for the 75
135	135	life-threatening emergency in the built environment; 76
136	136	“(2) In good faith and without compensation; 77
137	137	“(3) At the direction or request of or with the approval of a federal or District 78
138	138	official reasonably believed by the person to be acting in an official capacity; and 79
139	139	“(4) After having completed a training program that uses the California Office of 80
140	140	Emergency Management’s Safety Assessment Program to provide licensed professional 81
141	141	engineers the ability to assist local governments in safety evaluation of their built environment in 82
142	142	the aftermath of a life-threatening emergency in the built environment.”. 83
143	143	Sec. 3. Fiscal impact statement. 84
144	144	The Council adopts the fiscal impact statement in the committee report as the fiscal 85
145	145	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 86
146	146	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 87
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148	148	Sec. 4. Effective date. 88
149	149	This act shall take effect following approval by the Mayor (or in the event of veto by the 89
150	150	Mayor, action by the Council to override the veto), a 30-day period of congressional review as 90
151	151	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 91
152	152	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 92