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§ 8.01-226.2.Civil immunity for licensed professional engineers and licensed architects participating in rescue or relief assistance.

Chapter 3. Actions · Article 21. Miscellaneous Provisions · Last amended 1997 · Last verified July 16, 2026

In one sentenceSection 8.01-226.2 immunizes a licensed professional engineer or licensed architect who volunteers professional skills, without charge, to provide rescue or relief assistance at a natural or man-made disaster or other life-threatening emergency, from civil damages for acts or omissions absent gross negligence or willful misconduct.

Full Text of § 8.01-226.2

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Any licensed professional engineer or licensed architect who, in good faith and without charge or compensation, utilizes his professional skills in providing rescue or relief assistance at the scene of or in connection with a natural or man-made disaster or other life-threatening emergency, shall not be liable for any civil damages for acts or omissions on his part resulting from the rendering of such assistance or professional services in the absence of gross negligence or willful misconduct.

Plain-English Summary

After a disaster, engineers and architects are often needed to assess whether a damaged structure is safe to enter or occupy — expertise that can be scarce in the immediate aftermath. This section removes a liability barrier to volunteering that expertise: a licensed professional engineer or licensed architect who, in good faith and without charge or compensation, uses professional skills to provide rescue or relief assistance at the scene of a natural or man-made disaster, or another life-threatening emergency, is immune from civil damages for acts or omissions connected to that assistance.

As with the other volunteer-professional immunity statutes in this article, the protection has a floor: it does not cover gross negligence or willful misconduct, only good-faith professional judgment calls made under emergency conditions without compensation.

Frequently Asked Questions

Is a volunteer structural engineer protected from lawsuits after assessing a disaster-damaged building?

Yes, if the work was done in good faith and without charge or compensation. Section 8.01-226.2 immunizes licensed engineers and architects from civil damages for acts or omissions in providing that kind of rescue or relief assistance, absent gross negligence or willful misconduct.

Does this section cover paid consulting work after a disaster?

No. The immunity applies only to services rendered “without charge or compensation” — paid post-disaster engineering or architectural work falls outside this specific protection.

What kind of emergencies does this section cover?

Natural or man-made disasters and other life-threatening emergencies, at the scene of or in connection with such events.

Are both engineers and architects covered, or just one profession?

Both — licensed professional engineers and licensed architects are covered equally.

What level of misconduct removes this immunity?

Gross negligence or willful misconduct; ordinary negligence in the emergency response remains protected.

Amendment History

1992, c. 702; 1997, c. 866.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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