(A) A licensed engineer or surveyor who voluntarily, without compensation, provides structural, electrical, mechanical, or other engineering services or surveying services at the scene of a declared national or state emergency, at the request of the Governor, is not liable for any personal injury, wrongful death, property damage, or other loss caused by the licensed engineer or surveyor's acts, errors, or omissions in performing the engineering or surveying services for a property, structure, building, piping, or other engineered system, either publicly or privately owned. Immunity from liability under this section is only effective as to services rendered during the thirty days following the event that gave rise to the declared state of emergency.
(B)(1) Any licensed engineer or surveyor appointed pursuant to this section must not be held liable for any civil damages as a result of the providing of requested engineering or surveying services unless the damages result from providing, or failing to provide engineering or surveying services if the consequences of the services provided are proven by a preponderance of the evidence to be the result of gross negligence or recklessness.
(2) This section applies if the engineer or surveyor does not receive payment other than as allowed in Section 8-25-40 for the appointed services and prescribed duties. However, if the engineer or surveyor is an employee of the State, the engineer or surveyor may continue to receive compensation from his employer.
(C) This section does not provide immunity from liability to persons providing services pursuant to Section 40-22-75.
HISTORY: 2012 Act No. 280, Section 3, eff June 26, 2012; 2017 Act No. 18 (S.342), Section 1, eff May 9, 2017.
Editor's Note
2012 Act No. 280, Section 1, provides as follows:
"This act may be cited as the 'Architects' and Engineers' Volunteer Act'."
Effect of Amendment
2017 Act No. 18, Section 1, inserted references to surveyors, surveying services, and surveying throughout the section.
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 22 - Engineers And Surveyors
Section 40-22-5. Application of Chapter 1; conflicts.
Section 40-22-20. Definitions.
Section 40-22-30. Practice without a license; penalties.
Section 40-22-40. Nomination of board member candidates from general public.
Section 40-22-60. Rules and regulations; seal; input to department.
Section 40-22-70. Additional powers and duties.
Section 40-22-75. Waiver of licensing requirements during emergencies.
Section 40-22-90. Presentation of investigation results; hearing; notification of accused.
Section 40-22-100. Cease and desist orders; application for temporary restraining order.
Section 40-22-110. Penalties; grounds.
Section 40-22-115. Jurisdiction of board.
Section 40-22-120. Civil fines and other penalties.
Section 40-22-130. Grounds for denial of license.
Section 40-22-140. Prior criminal record.
Section 40-22-150. Voluntary surrender of license.
Section 40-22-180. Payment of fines; interest.
Section 40-22-190. Confidentiality of proceedings.
Section 40-22-200. Violation of chapter; penalty.
Section 40-22-210. Injunctions; rule to show cause.
Section 40-22-220. Licensure requirements; engineer-in-training; professional engineer; examination.
Section 40-22-222. Licensing of existing engineers; review process.
Section 40-22-225. Eligibility requirements for license as surveyor.
Section 40-22-260. Temporary licenses and certificates of authorization.
Section 40-22-270. Individual seals; stamping on plans and specifications.
Section 40-22-280. Exceptions from application of chapter.
Section 40-22-290. TIER A surveying; exclusions.
Section 40-22-295. Emergency services immunity.
Section 40-22-300. Promulgation of regulations for practice by firms located in foreign countries.
Section 40-22-310. Status of regulations promulgated pursuant to Chapter 21.