Pub. 1 2021 Issue 1

18 AIA IDAHO ARCHITECTURE | 2020-21 | www.aiaidaho.com portion thereof affecting public safety. The service is provided during the time in which the emergency exists. Why was this change needed? Idaho is one of the last remaining states to adopt the Good Samaritan laws that protect professionals, such as architects, engineers and contractors, when an emergency is declared. This expansion would allow trained volunteers the ability to help their fellow Idahoans at no cost to the taxpayer. The efforts to pass this legislation were endorsed by AIA Idaho and construction industry partners: ACEC, AGC, Idaho BCA and other organizations. Our next step is to offer the Safety Assessment Training (SAP) to all eligible Idahoans and make sure that as many of our members as are willing receive this important training. The bill was written as follows: HOUSE BILL NO. 529 BY WAYS AND MEANS COMMITTEE AN ACT RELATING TO PARTIES TO ACTIONS; AMENDING CHAPTER 3, TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-345, IDAHO CODE, TO PROVIDE CIVIL IMMUNITY FOR ARCHITECTS, ENGINEERS, AND CONTRACTORS IN CERTAIN INSTANCES AND TO PROVIDE APPLICABILITY. Be It Enacted by the Legislature of the State of Idaho: SECTION 1. That Chapter 3, Title 5, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 5-345, Idaho Code, and to read as follows: IMMUNITY FOR AID DURING AN EMERGENCY. (1) No architect, engineer, or contractor may be held liable for personal injury, wrongful death, property damage, or other loss related to any architectural, structural, electrical, mechanical, construction, design, or other professional service provided by the architect or engineer, voluntarily or without compensation, or the contractor at the request or approval of a national, state, or local public official in response to a declared national, state, or local emergency, a disaster, or a catastrophic event. The provisions of this subsection shall apply to services rendered within ninety (90) days following the end of the declared emergency, disaster, or catastrophic event unless extended by executive order of the governor. (2) Limited liability under this section shall not apply if the injury, death, or damage is the result of unreasonable acts, gross negligence, or willful or wanton misconduct or if the architect, engineer, or contractor did not act as a reasonable architect, engineer, or contractor would have under the same or similar circumstances. b Two years ago, every AIA state component appointed a State Disaster Coordinator as one of the Core Member Services. This requirement recognizes the critical importance of disaster preparedness in each state. Many local components have also worked to enhance their disaster preparedness.  — continued from page 17