Mississippi Code 1972 (2023) › Title 11 - CIVIL PRACTICE AND PROCEDURE (§§ 11-1-1 — 11-77-7) › Chapter 75 - MISSISSIPPI ARCHITECTS AND ENGINEERS GOOD SAMARITAN ACT (§ 11-75-1) › Section 11-75-1 - Mississippi Architects and Engineers Good Samaritan Act; immunity for acts or omissions performed by registered architects or professional engineers in providing safety assessment services at request of public or safety officials during state of emergency

(1)
This section shall be known and may be cited as the "Mississippi Architects and Engineers Good Samaritan Act."
(2)
As used in this section, the following words shall have the meanings described in this section:
(a)
"Building inspection official" means any appointed or elected federal, state, or local official with executive responsibility to coordinate building inspection in the jurisdiction in which the emergency or event has occurred;
(b)
"Emergency" means an earthquake, eruption, flood, storm, hurricane, fire or other catastrophe that has been designated as a major disaster or emergency by the President of the United States, the Governor, or other public official, and shall include the terms "state of emergency" and "local emergency" as defined in Section
33-15-5
;
(c)
"Good Samaritan" means a professional engineer or a registered architect who performs safety assessment services only, and who provides such services uncompensated (other than reimbursement of expenses) at the scene of an emergency;
(d)
"Law enforcement official" means any appointed or elected federal, state, or local official with executive responsibility to coordinate law enforcement in the jurisdiction in which the emergency or event has occurred;
(e)
"Professional engineer" means a person duly licensed under the engineering licensure laws of a United States or Canadian jurisdiction as a professional engineer;
(f)
"Public official" means any federal, state, or local official with executive responsibility in the jurisdiction in which the emergency or event has occurred;
(g)
"Public safety official" means any appointed or elected federal, state, or local official with executive responsibility to coordinate public safety in the jurisdiction in which the emergency or event has occurred;
(h)
"Registered architect" means a person duly licensed under the architectural licensure laws of a United States or Canadian jurisdiction as a registered architect; and
(i)
"Safety assessment services" means inspection and evaluation of any structure, building, facility, project utility, equipment, machine, process, piping, or other system at the scene of an emergency related to structural integrity or nonstructural elements affecting life, safety and habitability.
(3)
(a)
Any registered architect or professional engineer who provides safety assessment services as a Good Samaritan at the request of or with the approval of a public official, law enforcement official, public safety official, or building inspection official acting in his or her official capacity as such shall be immune from liability from any civil action arising only from an act, service or omission performed in the course of providing safety assessment services as a Good Samaritan. The immunity provided in this section shall apply only to safety assessment services if such services:
(i)
occurred during the emergency or within ninety (90) days following the end of the period for the emergency, unless extended by an executive order; and
(ii)
if the architect or engineer was acting as a reasonably prudent person would have acted under the same or similar circumstances during a period of declared emergency, to include any other loss of any other nature related to the registered architect's or professional engineer's acts, errors or omissions in the performance of any architectural or engineering services for any structure, building or facility during the declared period of emergency.
(b)
Architectural or engineering services beyond safety assessment services including, but not limited to, design of repairs, demolition plans, construction documents, or construction administration shall only be undertaken by an architect or professional engineer licensed in Mississippi.
(c)
Nothing in this section shall be construed to provide immunity for wanton, willful, or intentional misconduct.
(4)
Any architect or professional engineer not licensed in this state acting within the confines of this section as a Good Samaritan in order to perform safety assessment services shall be exempted from being required to be licensed as an architect or professional engineer in the State of Mississippi, but only to the extent of the services rendered for the period of time as provided for in subsection (4) of this section.
Added by Laws, 2022, ch. 469, HB 1351,§ 2, eff. 7/1/2022.