AIA Ohio
(A Component of the American Institute of Architects)
OFFICIAL TESTIMONY
In Support of HB 17
Senate Civil Justice Committee
March 25, 2015
AIA Ohio
17 S. High Street, Suite 200
Columbus, Ohio 43215
614-221-0338
aiaohio@AssnOffices.com
www.aiaohio.org
House Bill 17 – “Good Samaritan”
Elizabeth Corbin Murphy, FAIA
Mr. Chairman, members of the committee, I appear today on behalf of the Ohio Component of the
American Institute of Architects. My name is Elizabeth Corbin Murphy. I am a Fellow in the
American Institute of Architects, Immediate Past President of the Ohio component, and I have been
a licensed architect for 30 years. As a member and former chair of the AIA Committee on Historic
Resources, I assisted in New Orleans in the Lower 9th Ward after Hurricane Katrina. There I met
professionals from all over the country who had volunteered their time to restore some order in the
lives of so many displaced citizens. Our purpose was to prevent unnecessary demolition of cultural
and historical elements of the built environment, to offer repair solutions within the means of the
building owners, to recommend the effective distribution of available emergency assistance, and to
help ensure the safety of building owners, occupants, and emergency workers--even if it meant
demolition of the cultural icons.
H.B. 17 would provide Ohio architects with civil immunity for services provided during a state
emergency. More commonly known as “Good Samaritan” legislation, HB 17 would protect
volunteer responders, enhance our state’s emergency preparedness, and allow our citizens to recover
more quickly from disasters that cause widespread damage to buildings and infrastructure.
HB 17 would grant a volunteer who is an architect, engineer, or surveyor a qualified immunity from
civil liability for any acts, errors, or omissions conducted in the performance of professional services
that are requested by government officials, for a building, structure, piping, or other engineered
system during a declared emergency and 90 days thereafter.
Architects are essential to this work. Following a large-scale disaster, hundreds or thousands of
buildings may be damaged. Average citizens won’t know whether their homes and businesses are
safe to enter or occupy. Damage that appears severe to the untrained eye may only be superficial or
non-structural, posing no immediate hazard. Far worse, damage that appears minor or superficial
may actually undermine a building’s foundation, or connections between structural elements, posing
a safety threat to people who just want to get back in their homes, retrieve their favored possessions,
and start to rebuild.
The formal responsibility to inspect and assess the safety of these buildings lies with emergency
managers and city building officials. However, without volunteer assistance, these resources can be
overwhelmed and the process can take weeks or months, adding to public uncertainty, and delaying
full appraisal of the damage. Furthermore, the US Congress determined that “efforts by the
construction, architectural, and engineering industries make it safer for police, firefighters, and other
rescue workers to work on search and recovery efforts.” (1)
Unfortunately, architects’ status as licensed professionals prevents them from volunteering. Just as
doctors at the scene of an accident faced potential liability for rendering aid, architects can be
attacked for professional opinions they offer after a building suffers damage in a disaster. Architects
do not fear liability. We accept it every day, on every project, in a determined and contractual
manner. But an emergency situation is different. During emergencies and a post-disaster
environment… an architect who volunteers his or her assistance is risking his or her license,
profession, and livelihood when offering an opinion on damaged structures without contractual
language.
After experiencing the lengthy recovery of 9/11 and severe hurricanes along the Gulf coast,
including Hurricane Katrina, an increasing number of states have enacted legislation to provide
immunity to design professionals for their voluntary performance of services during times of
disasters. Now, according to a publication of the American Bar Association, approximately half the
states currently have Good Samaritan laws covering design professionals. (2)
We are not asking for protection for just any architect who appears, but for the ability to cooperate
with city and state officials in disaster preparedness and response. Today, in addition to the federal
agencies, architects partner with Emergency Management Agencies in California, Missouri, Rhode
Island, Kansas, Florida, Illinois, and Indiana -- to name a few.
Case histories support the passage of HB 17. In 2011, over one-hundred architects and other
building professionals from all over Alabama volunteered to provide over five-thousand rapid
assessments within one week after tornados tore through Tuscaloosa and other communities. This
work was possible because the State of Alabama adopted a Good Samaritan law after Hurricane Ivan
struck Alabama and Florida in 2004.
We would like to respectfully request that you support this common sense approach to disaster
preparedness.
Thank you for your attention. I would be happy to respond to any questions.
---------------------------------------------------------------------------------------------------See Congressional Findings, § 2, H.R. 2067, “Good Samaritan Protection for Construction,
Architectural, and Engineering Volunteers Act” 2007
2 Hedberg, Frederick. “The Time is Now for Federal Good Samaritan Legislation.” Construct! a
publication of the American Bar Association. Winter 2007.