Maine Revised Statutes
Chapter 7: DEFENSES GENERALLY
14 §172. Liability related to professional services for natural disaster or catastrophe

§172. Liability related to professional services for natural disaster or catastrophe
1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.  
A. "Architect" means a person licensed as an architect under Title 32, chapter 3‑A.   [PL 2019, c. 49, §1 (NEW).]
B. "Building inspection official" means a public official with executive responsibility to coordinate building inspection in the jurisdiction in which a natural disaster or catastrophe has occurred.   [PL 2019, c. 49, §1 (NEW).]
C. "Contractor" means a person engaged in the business of designing, developing, constructing, altering, adding to or repairing new or existing structures, buildings, facilities, project utilities, equipment, machines, processes, piping or other engineered systems or infrastructure or their appurtenances.   [PL 2019, c. 49, §1 (NEW).]
D. "Engineer" means a person licensed as a professional engineer under Title 32, chapter 19.   [PL 2019, c. 49, §1 (NEW).]
E. "Environmental official" means a public official with executive responsibility for coordinating an environmental response in the jurisdiction in which a natural disaster or catastrophe has occurred.   [PL 2019, c. 49, §1 (NEW).]
F. "Environmental professional" means a person engaged in the business of providing hazardous waste site clean-up services. "Environmental professional" includes a hazardous waste transporter licensed according to Title 38, section 1319‑O.   [PL 2019, c. 49, §1 (NEW).]
G. "Land surveyor" means a person licensed as a professional land surveyor according to Title 32, chapter 141.   [PL 2019, c. 49, §1 (NEW).]
H. "Landscape architect" means a person licensed as a landscape architect under Title 32, chapter 3‑A.   [PL 2019, c. 49, §1 (NEW).]
I. "Law enforcement official" means a public official with executive responsibility to coordinate law enforcement in the jurisdiction in which a natural disaster or catastrophe has occurred.   [PL 2019, c. 49, §1 (NEW).]
J. "Natural disaster or catastrophe" means an event, whether natural or human-made, that is declared an emergency by the President of the United States or by the Governor and that results in the deployment of emergency response personnel or the displacement of persons from the area of the event.   [PL 2019, c. 49, §1 (NEW).]
K. "Planner" means a person certified by the American Institute of Certified Planners, or successor organization, as a certified planner.   [PL 2019, c. 49, §1 (NEW).]
L. "Public official" means a federal, state or local appointed or elected official with executive responsibility in the jurisdiction in which a natural disaster or catastrophe has occurred.   [PL 2019, c. 49, §1 (NEW).]
M. "Public safety official" means a public official with executive responsibility to coordinate public safety in the jurisdiction in which a natural disaster or catastrophe has occurred.   [PL 2019, c. 49, §1 (NEW).]
[PL 2019, c. 49, §1 (NEW).]
2.  Immunity.  An architect, contractor, environmental professional, land surveyor, landscape architect, planner or engineer who voluntarily, without compensation other than expense reimbursement, and acting in good faith provides, under the applicable license or certification, architectural, structural, electrical, mechanical or other engineering, planning, land surveying, hazardous waste site clean-up, contracting or other professional design services related to a natural disaster or catastrophe at the request of or with the approval of a public official, law enforcement official, public safety official, building inspection official or environmental official believed by the architect, contractor, environmental professional, land surveyor, landscape architect, planner or engineer to be acting in an official capacity is not liable for any personal injury, wrongful death, property damage or other loss of any nature related to the architect's, contractor's, environmental professional's, land surveyor's, landscape architect's, planner's or engineer's acts, errors or omissions in the performance of engineering, architectural, planning, land surveying, hazardous waste site clean-up or contracting services for a site, a structure, a building, a facility, a project utility, equipment, a machine, a process, piping or some other engineered system, either publicly or privately owned.  
[PL 2019, c. 49, §1 (NEW).]
3.  Voluntary services.  The immunity provided in this section applies to only voluntary architectural, structural, electrical, mechanical or other engineering, planning, land surveying, hazardous waste site clean-up, contracting or other professional design services related to a natural disaster or catastrophe that are provided during the natural disaster or catastrophe, unless the period of emergency is extended by an executive order issued by the President of the United States or the Governor under the President's or Governor's emergency executive powers.  
[PL 2019, c. 49, §1 (NEW).]
4.  Reckless or intentional misconduct.  Nothing in this section provides immunity for reckless or intentional misconduct.  
[PL 2019, c. 49, §1 (NEW).]
5.  Liability of governmental entities and employees not affected; existing immunity.  When an architect, contractor, environmental professional, land surveyor, landscape architect, planner or engineer voluntarily renders services at the request of or with the approval of a state or local official and when such services fall within the immunity of this section, the liability, if any, of governmental entities and their employees under chapter 741 is not affected by this section. The immunity provided in this section is in addition to immunity provided in Title 37‑B, section 784‑A.  
[PL 2019, c. 49, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 49, §1 (NEW).

Structure Maine Revised Statutes

Maine Revised Statutes

TITLE 14: COURT PROCEDURE -- CIVIL

Part 1: GENERAL PROVISIONS

Chapter 7: DEFENSES GENERALLY

14 §151. Partial failure of consideration of note

14 §152. Truth justifies libel unless malice (REPEALED)

14 §153. Mitigation of damages in action for libel

14 §153-A. Defense in action based on misuse of legal identification

14 §154. Unproved allegations (REPEALED)

14 §155. No action on demands discharged by partial payment

14 §156. Comparative negligence

14 §157. Government agencies (REPEALED)

14 §158. Damages for tortious conduct of charitable corporations

14 §158-A. Immunity for charitable directors, officers and volunteers

14 §158-B. Limited liability of charitable organizations

14 §159. Social and business invitees, standards of care

14 §159-A. Limited liability for recreational or harvesting activities

14 §159-B. Limited liability for recycling activities by municipalities and regional associations

14 §159-C. Liability related to placement of navigational aids in great ponds

14 §159-D. Liability related to a bicyclist using a drive-up window

14 §160. Certain cases of negligence

14 §161. When lack of privity no defense in action against manufacturer, seller or supplier of goods

14 §162. Settlement or release of claims

14 §163. Release of joint tortfeasors

14 §164. Immunity from civil liability

14 §164-A. Maine Assistance Program for Lawyers; immunity

14 §164-B. Immunity from civil liability for assistance given to law enforcement dogs, search and rescue dogs and service dogs

14 §165. Liability of those who store or distribute natural gas

14 §166. Immunity for certain food donations

14 §167. Insurance inspections

14 §168. Day care facility immunity for certain personnel action (REPEALED)

14 §169. Restriction of attorney's representation prohibited

14 §170. Consumption of food

14 §171. Defense of premises

14 §172. Liability related to professional services for natural disaster or catastrophe

14 §173. Immunity for menstrual product donations

14 §174. Installation of smoke and carbon monoxide detectors by fire departments (REALLOCATED FROM TITLE 14, SECTION 173 )