Code of Colorado Regulations
700 - Department of Regulatory Agencies
730 - Division of Professions and Occupations - Board of Architects, Engineers, and Land Surveyors
4 CCR 730-1 - ARCHITECTS, PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND SURVEYORS RULES AND REGULATIONS
Section 4 CCR 730-1.3 - Rules of Conduct

Universal Citation: 4 CO Code Regs 730-1 § 3

Current through Register Vol. 47, No. 17, September 10, 2024

A. Licensees Shall Hold Paramount the Safety, Health, and Welfare of the Public in the Performance of Their Professional Duties.

This Rule shall include, but not be limited to, the following:

1. Primary Obligation of Licensees. Licensees shall at all times recognize that their primary obligation is to protect the safety, health, property, and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property, or welfare of the public is endangered, they shall notify their employer or client and/or such other authority as may be appropriate.

2. Ethical Conduct. Licensees shall conduct the practice of architecture, engineering, and land surveying in an ethical manner.

3. Responsibility for Seal. Licensees shall be personally and professionally responsible and accountable for the care, custody, control, and use of their seals.

a. Responsibility for Monument Caps. A professional land surveyor shall be held reasonably responsible for maintaining control of any unused monument caps bearing his/her license number.

4. Work Product Must Be Safe and Meet Generally Accepted Standards. Licensees shall approve and seal only those design documents and surveys that are prepared with applied technical knowledge and skills that provide safety for public health, property, and welfare in conformity with generally accepted architectural, engineering, and surveying standards.

5. Maintenance of Confidentiality. Licensees shall not reveal confidential facts, data, or information obtained in a professional capacity without prior consent except as authorized or required by law.

6. Caliber of Association. Licensees shall not permit the use of their name or firm name nor associate in business ventures with any person or firm that they have reason or should have reason to believe is engaged in fraudulent or dishonest business or professional practices.

7. Cooperation with Board Investigations. Licensees having knowledge of, and/or involvement in, any alleged violation of any of Title 12, Article 120, Parts 1, 2, and 3, C.R.S., or the Board's Rules, shall cooperate with any investigation initiated by the Board and furnish such information or assistance as may be requested.

8. Compliance with Applicable Laws, Regulations, and Codes. Licensees shall exercise appropriate skill, care, and judgment in the application of federal, state, and local laws, regulations, and codes in the rendering of professional services and in the performance of their professional duties. It will be deemed a violation of these Rules if a licensee violates local, state or federal laws or statutes that relate to the practice of architecture, engineering, or land surveying.

9. Reporting Felony Convictions. Licensees shall inform the Board, in a manner set forth by the Board, within forty-five days of the conviction of the licensee of a felony under the laws of any State or of the United States.

a. The conviction of the licensee of a felony under the laws of any State or of the United States is grounds for discipline pursuant to sections 12-120-206(1)(c), 12-120-306(1)(c), and 12-120-406(1)(c), C.R.S.

b. For purposes of this Rule, a "conviction" includes:

(1) A guilty verdict;

(2) A plea of guilty accepted by the court; or

(3) A plea of nolo contendere (no contest) accepted by the court;

c. The notice to the Board shall include the following information:

(1) The court;

(2) The jurisdiction;

(3) The case name;

(4) The case number;

(5) A description of the matter or a copy of the indictment or charges; and

(6) The date of conviction.

d. The licensee shall inform the Board of the following information within forty-five days of such occurrence:

(1) The imposition of sentence for the felony conviction; and

(2) The completion of all terms of the sentence for the felony conviction.

e. The licensee notifying the Board may submit a written statement with any notice under this Rule to be included in the licensee's record.

f. This Rule shall apply to any conviction or plea that occurs on or after January 1, 2010.

10. Reporting Disciplinary Action in Another Jurisdiction. Licensees shall inform the Board of the licensee's violation of any law or regulation governing the practice of architecture, engineering, or land surveying in another state or jurisdiction. Notification shall be submitted to the Board:

a. Within forty-five days of the effective date of the final action in another state or jurisdiction;

b. In writing; and

c. Shall include a copy of the final order or document from the jurisdiction imposing the discipline.

B. Licensees Shall Perform Services Only in the Areas of Their Competence.

This Rule shall include, but not be limited to, the following:

1. Practice Only within Expertise. Licensees shall undertake assignments only when qualified by education or experience in the specific technical fields of architecture, engineering or land surveying.

a. Architectural Licensees. Architectural licensees shall perform professional services only when they, together with those whom licensees may engage as consultants in the specific areas involved, are qualified by education and experience.

2. Seal and Sign Only Documents under Responsible Charge or Control. Licensees shall only affix their signatures and seals to plans or documents prepared under their responsible charge or control.

3. Sealing and Signing for Entire Projects. The application of the licensee's seal, signature and date shall constitute certification that the work was done by the licensee or under the licensee's responsible charge unless limitation of responsibility is defined and expressly stated on the project documents. Each document shall be sealed, signed and dated by the licensee or licensees in responsible charge for that document.

C. Licensees Shall Issue Professional Statements Only in an Objective and Truthful Manner.

This Rule shall include, but not be limited to, the following:

1. Objectivity and Truth. Licensees shall be objective and truthful in professional reports, statement, or testimony.

2. Serving as Expert or Technical Witness. Licensees, when serving as an expert or technical witness before any court, commission, or other tribunal, shall express an opinion regarding matters pertaining to professional practice only when founded upon adequate knowledge of the facts at issue, upon a background of technical competence in this subject matter, and upon honest conviction of the accuracy and propriety of his/her testimony.

3. Identification of Interested Parties. Licensees shall not issue professional statements on technical matters that are initiated or paid for by interested parties, unless the licensees have prefaced their statements by explicitly identifying the interested parties on whose behalf they are speaking, and by revealing the existence of any interest the licensees may have in the matters.

a. Licensees Assistance with Applications. Licensees shall not assist with the application for a license of an individual known by the licensee to be unqualified with respect to education, practical or professional experience, or character.

4. Statements beyond Architecture, Engineering and/or Land Surveying. Licensees shall not issue a professional statement in a field of expertise outside of the practice of architecture, engineering and/or land surveying unless they hold an appropriate license in that expertise.

D. Licensees Shall Act in a Professional Manner for Each Employer or Client and Shall Avoid Conflicts of Interest.

This Rule shall include, but not be limited to, the following:

1. Conduct that Discredits the Profession. Licensees shall not engage in any conduct that discredits or tends to discredit another architect, engineer or land surveyor and/or the profession of architecture, engineering or land surveying.

2. Appearance of Impropriety. Licensees shall avoid the appearance of impropriety in the course of representing or rendering services of an employer or client.

3. Undue Influence. When representing a client or employer, a licensee shall not exert or attempt to exert undue influence over other professionals, contractors, or public officials. Undue influence means any improper or wrongful exercise of persuasion or control by a licensee in an effort to cause another to do what he or she would not otherwise do if left to act freely.

4. Conflicts of Interest. If licensees have any business association or direct or indirect financial interest which may influence the judgment of licensees in connection with the performance of professional services, licensees shall fully disclose in writing to the client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, licensees shall either terminate such association or interest or offer to give up the commission or employment.

5. More Than One Source of Compensation. Licensees shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties.

6. Solicitation or Acceptance of Compensation. Licensees shall not solicit or accept financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients for which the licensee is responsible, unless the circumstances are fully disclosed to, and agreed to, by all interested parties.

7. Licensees in Public Service. Licensees, who work for private organizations that provide architecture, engineering and/or land surveying services, who are also in public service as members, advisors, or employees of a governmental body or department shall not participate in decisions with respect to professional services solicited or provided to the governmental body or department by their private organization.

8. Government Contracts. Licensees shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member, except upon public disclosure of all pertinent facts and circumstances and consent of appropriate public authority.

9. Status or Scope of Licensure. Licensees shall not misrepresent the status or scope of their licensure for any purpose.

E. Licensees Shall Avoid Improper Solicitation of Professional Employment.

This Rule shall include, but not be limited to, the following:

1. Academic Qualifications and Professional Experience. Licensees or their associates shall not misrepresent or falsify academic or professional qualifications, or exaggerate or misrepresent the pertinent facts or the degree of responsibility for prior work assignments for the purpose of securing or retaining employment by a client.

2. Recommendations and Employment. Licensees or their associates shall not compensate or give anything of substantial value to a person or organization, in order to obtain a recommendation for, or secure or retain employment by a client.

3. Use of Seal. Licensees or their associates shall not publicize or promote themselves for the purpose of securing or retaining employment by the use of an architect seal, a professional engineer seal or professional land surveyor seal or any reproduction thereof.

F. Licensees Shall Exercise Independent Professional Judgment.

This Rule shall include, but not be limited to, the following:

1. Exercise of Judgment. Licensees shall not permit a client, employer, another person, or organization to direct, control, or otherwise affect the licensee's exercise of independent professional judgment in rendering professional services for the client.

2. Impartial Decisions. Licensees shall render impartial decisions when acting as the interpreter of documents or when acting as the judge of contract performance.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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