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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS |
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| 16 | 16 | | Introduced By: Representatives Cotter, Bennett, Casimiro, Potter, Solomon, McNamara, |
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| 17 | 17 | | Speakman, Fogarty, Slater, and Giraldo |
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| 18 | 18 | | Date Introduced: January 24, 2025 |
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| 19 | 19 | | Referred To: House Corporations |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 5-1-16 of the General Laws in Chapter 5-1 entitled "Architects" is 1 |
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| 24 | 24 | | hereby amended to read as follows: 2 |
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| 25 | 25 | | 5-1-16. Architects rendering assistance during disaster emergency — Immunity from 3 |
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| 26 | 26 | | civil liability. 4 |
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| 27 | 27 | | (a)(1) An architect or architectural firm, duly licensed to practice in Rhode Island under 5 |
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| 28 | 28 | | this chapter, who or that voluntarily and without compensation provides architectural services at 6 |
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| 29 | 29 | | the scene of a disaster emergency is not liable for any personal injury, wrongful death, property 7 |
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| 30 | 30 | | damage, or other loss or damages caused by an act or omission of the architect or architectural firm 8 |
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| 31 | 31 | | in performing the services. 9 |
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| 32 | 32 | | (2) An architect or architectural firm, duly licensed to practice in Rhode Island under this 10 |
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| 33 | 33 | | chapter, who or that voluntarily and without compensation provides architectural services at the 11 |
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| 34 | 34 | | scene of a disaster emergency and all authorized disaster response workers who, shall in the course 12 |
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| 35 | | - | of performing their duties as such, practice professional, mechanical, engineering or other skill 13 |
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| 36 | | - | during a disaster emergency, in the absence of benefits provided by law, shall be considered state 14 |
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| 37 | | - | employees and shall be entitled to all rights in like manner as state employees under the provisions 15 |
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| 38 | | - | of chapters 29 through 38 of title 28, and under the provisions of § 9-31-8. 16 |
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| 35 | + | of performing their duties as such, practice professional, mechanical, or other skill during a disaster 13 |
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| 36 | + | emergency, in the absence of benefits provided by law, shall be considered state employees and 14 |
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| 37 | + | shall be entitled to all rights in like manner as state employees under the provisions of chapters 29 15 |
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| 38 | + | through 38 of title 28, and under the provisions of § 9-31-8. 16 |
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| 45 | 45 | | architecture as defined in this chapter regarding an architectural service that: 1 |
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| 46 | 46 | | (1) Concerns any building, structure, or system, whether publicly or privately owned, that 2 |
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| 47 | 47 | | is identified pursuant to a disaster emergency executive order or proclamation; 3 |
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| 48 | 48 | | (2) Relates to the structural integrity of the entire building, structure, or system, or any 4 |
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| 49 | 49 | | portion of the structure or system, or to a nonstructural element of the structure or system, affecting 5 |
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| 50 | 50 | | public safety; and 6 |
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| 51 | 51 | | (3) Is rendered during the time in which a state of disaster emergency exists, as provided 7 |
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| 52 | 52 | | in chapter 15 of title 30. 8 |
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| 53 | 53 | | (d) The immunity granted by this section shall not apply to acts or omissions constituting 9 |
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| 54 | 54 | | gross negligence or willful misconduct. 10 |
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| 55 | 55 | | (e) In the event that the governor of Rhode Island declares a state disaster, all registered 11 |
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| 56 | 56 | | architects with a National Council of Architectural Registration Boards (NCARB) certification will 12 |
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| 57 | 57 | | be allowed to practice for a period of ninety (90) days from the date of the declared disaster. 13 |
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| 58 | 58 | | SECTION 2. This act shall take effect upon passage. 14 |
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| 59 | 59 | | ======== |
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