Post-Disaster Safety Assessments: Your License Is Not At Risk
Photo Credit: Wesley Tingey, Unsplash
By Christine Senne, Esq. and Veronica Bayó, Esq., Grossman, Roopnarine & Bayó LLC
Florida has more than 23 million residents and has experienced more hurricane landfalls than any other state. After a major storm passes through a community, thousands of damaged structures need rapid safety evaluation before occupants can return. Local building departments alone cannot absorb that volume.
Several groups, including the National Council of Structural Engineers Associations’ (NCSEA's) Structural Engineering Emergency Response (SEER) committee, the International Code Council, Florida’s Division of Emergency Management and Federal Emergency Management Agency (FEMA) train and coordinate volunteer evaluators, and Florida's licensed engineers are the professionals best positioned to serve.
Florida PEs shouldn’t hesitate to volunteer for this important work after a catastrophic storm. A careful look at Chapter 471, Florida Statutes, and the Board's rules in Rule Chapter 61G15, F.A.C. should allay any concerns that a judgment call made on a debris-strewn street under time pressure could result in disciplinary action by the Florida Board of Professional Engineers.
Florida Law Protects Engineers Who Volunteer their Services after a Disaster
The Florida Legislature has made it the policy of the state to protect licensed engineers who volunteer their services following a disaster so long as they are acting in a reasonably prudent fashion and not engaging in gross negligence or willful misconduct.
Section 768.382, Florida Statutes provides that a licensed engineer who volunteers engineering services “under the direction of, or in connection with” a community emergency response team, a local emergency management agency, the Division of Emergency Management, or FEMA during a declared emergency may not be held liable for personal injury, wrongful death, property damage, or economic loss absent gross negligence or willful misconduct. Section 768.1345, Florida Statutes further bars professional malpractice claims against licensed professionals who render uncompensated services during a declared emergency and act as a reasonably prudent member of the profession would have acted.
The FBPE’s negligence standard can be read in context with the Legislature’s policy regarding post-disaster safety assessments. Rule 61G15-19.001(4), F.A.C., defines negligence as the failure “to utilize due care in performing in an engineering capacity or failing to have due regard for acceptable standards of engineering principles.” That standard is measured against the assignment actually undertaken.
The same rule permits departure from the Responsibility Rules where “justified by the specific circumstances of the project in question and the sound professional judgment of the professional engineer.” Following post-disaster safety assessment protocol is not negligence merely because a full forensic investigation would have revealed more.
Engineers tend to be cautious by nature, and it is appropriate to maintain caution when volunteering for post-storm safety assessments. However, Florida is likely to continue experiencing damaging storm events. The engineering community is an important asset for rapid post-storm evaluations, and their volunteer assistance is needed.
Get Trained Before Hurricane Season Ends
Obtaining proper training for rapid assessments can help ensure that volunteer engineers conduct appropriate assessments. Below are resources where engineers can seek further information about assessment training and volunteer opportunities:
Florida will continue to need qualified professionals willing to assist when disasters occur. Engineers who obtain the appropriate training and make themselves available for post-disaster assessments provide an important service to their communities at a time when that expertise is most needed.
We encourage Florida PEs who are interested in serving to learn more about these programs, obtain the necessary training, and consider becoming part of the state’s post-disaster response resources.
The authors would like to thank William Bracken, former FBPE Chair, for providing background research for this article and for his many years of service and advocacy for post-disaster safety assessments.
