2025 -- H 5155 SUBSTITUTE A ======== LC000538/SUB A ======== S T A T E O F R H O D E I S L A N D IN GENERAL ASSEMBLY JANUARY SESSION, A.D. 2025 ____________ A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS Introduced By: Representatives Cotter, Bennett, Casimiro, Potter, Solomon, McNamara, Speakman, Fogarty, Slater, and Giraldo Date Introduced: January 24, 2025 Referred To: House Corporations It is enacted by the General Assembly as follows: SECTION 1. Section 5-1-16 of the General Laws in Chapter 5-1 entitled "Architects" is 1 hereby amended to read as follows: 2 5-1-16. Architects rendering assistance during disaster emergency — Immunity from 3 civil liability. 4 (a)(1) An architect or architectural firm, duly licensed to practice in Rhode Island under 5 this chapter, who or that voluntarily and without compensation provides architectural services at 6 the scene of a disaster emergency is not liable for any personal injury, wrongful death, property 7 damage, or other loss or damages caused by an act or omission of the architect or architectural firm 8 in performing the services. 9 (2) An architect or architectural firm, duly licensed to practice in Rhode Island under this 10 chapter, who or that voluntarily and without compensation provides architectural services at the 11 scene of a disaster emergency and all authorized disaster response workers who, shall in the course 12 of performing their duties as such, practice professional, mechanical, engineering or other skill 13 during a disaster emergency, in the absence of benefits provided by law, shall be considered state 14 employees and shall be entitled to all rights in like manner as state employees under the provisions 15 of chapters 29 through 38 of title 28, and under the provisions of § 9-31-8. 16 (b) As used in this section, “disaster emergency” means a disaster emergency declared by 17 executive order or proclamation of the governor pursuant to chapter 15 of title 30. 18 (c) The immunity provided in subsection (a) of this section applies only to the practice of 19 LC000538/SUB A - Page 2 of 3 architecture as defined in this chapter regarding an architectural service that: 1 (1) Concerns any building, structure, or system, whether publicly or privately owned, that 2 is identified pursuant to a disaster emergency executive order or proclamation; 3 (2) Relates to the structural integrity of the entire building, structure, or system, or any 4 portion of the structure or system, or to a nonstructural element of the structure or system, affecting 5 public safety; and 6 (3) Is rendered during the time in which a state of disaster emergency exists, as provided 7 in chapter 15 of title 30. 8 (d) The immunity granted by this section shall not apply to acts or omissions constituting 9 gross negligence or willful misconduct. 10 (e) In the event that the governor of Rhode Island declares a state disaster, all registered 11 architects with a National Council of Architectural Registration Boards (NCARB) certification will 12 be allowed to practice for a period of ninety (90) days from the date of the declared disaster. 13 SECTION 2. This act shall take effect upon passage. 14 ======== LC000538/SUB A ======== LC000538/SUB A - Page 3 of 3 EXPLANATION BY THE LEGISLATIVE COUNCIL OF A N A C T RELATING TO BUSINESSES AND PROFESSIONS -- ARCHITECTS *** This act would provide that architects and other authorized disaster response workers be 1 considered, in the course of performing their duties, state workers and be entitled to all rights in 2 like manner as state employees. 3 This act would take effect upon passage. 4 ======== LC000538/SUB A ========