Current through Register Vol. 46, No. 19, March 20, 2024
Failure by a licensee to adhere to the provisions of Iowa Code
sections
272C.10
and
544A.13
and the following rules of conduct shall be grounds for disciplinary
action.
(1)
Definitions. The following definition applies as used in Iowa
Code chapter 544A and this chapter of the architectural examining board rules,
unless the context otherwise requires.
"Responsible charge" means the amount of
control over and detailed professional knowledge of the content of technical
submissions during their preparation as is ordinarily exercised by a licensed
architect applying the required professional standard of care, including but
not limited to an architect's integration of information from manufacturers,
suppliers, installers; the architect's consultants, owners, contractors; or
other sources the architect reasonably trusts that is incidental to and
intended to be incorporated into the architect's technical submissions if the
architect has coordinated and reviewed such information. Other review, or
review and correction, of technical submissions after they have been prepared
by others does not constitute the exercise of responsible charge because the
reviewer has neither control over nor detailed professional knowledge of the
content of such submissions throughout their preparation.
(2)
Competence.
a. In practicing architecture, an architect
shall act with reasonable care and competence, and shall apply the technical
knowledge and skill which is ordinarily applied by architects of good standing,
practicing in the same locality.
b.
In designing a project, an architect shall take into account all applicable
state and municipal building laws and regulations. While an architect may rely
on the advice of other professionals (e.g., attorneys, engineers and other
qualified persons) as to the intent and meaning of such laws and regulations,
once having obtained such advice, an architect shall not knowingly design a
project in violation of these laws and regulations.
c. An architect shall undertake to perform
professional services only when the architect, together with those whom the
architect may engage as consultants, is qualified by education, training and
experience in the specific technical areas involved.
d. No person shall be permitted to practice
architecture if, in the board's judgment upon receipt of medical testimony or
evidence, the person's professional competence is substantially impaired by
physical or mental disabilities.
(3)
Conflict of interest.
a. An architect shall not accept compensation
for services from more than one party on a project unless the circumstances are
fully disclosed to and agreed to (such disclosures and agreement to be in
writing) by all interested parties.
b. If an architect has any business
association or direct or indirect financial interest which is substantial
enough to influence the architect's judgment in connection with the architect's
performance of professional services, the architect 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 the association or
financial interest, the architect will either terminate such association or
interest or offer to give up the commission or employment.
c. An architect shall not solicit or accept
compensation from material or equipment suppliers in return for specifying or
endorsing the products.
d. When
acting as the interpreter of building contract documents and the judge of
contract performance, an architect shall render decisions impartially, favoring
neither party to the contract.
(4)
Full disclosure.
a. An architect, making public statements on
architectural questions, shall disclose when compensation is being received for
making the statements.
b. An
architect shall accurately represent to a prospective or existing client or
employer the architect's qualifications, capabilities, and experience and the
scope of the architect's responsibility in connection with work for which the
architect is claiming credit.
c.
If, in the course of work on a project, an architect becomes aware of a
decision taken by the employer or client against the architect's advice which
violates applicable state or municipal building laws and regulations and which
will, in the architect's judgment, adversely affect the safety to the public of
the finished project, the architect shall:
1.
Report the decision to the local building inspector or other public official
charged with enforcement of the applicable state or municipal building laws and
regulations,
2. Refuse to consent
to the decisions, and
3. In
circumstances where the architect reasonably believes that other decisions will
be taken, notwithstanding the architect's objection, terminate the architect's
services with reference to the project.
d. An architect shall not deliberately make a
materially false statement or deliberately fail to disclose a material fact
requested in connection with application for licensure or renewal of
license.
e. An architect shall not
assist the application for licensure of a person known by the architect to be
unqualified in respect to education, training, experience or
character.
f. An architect
possessing knowledge of a violation of these rules by another architect shall
report the knowledge to the board.
(5)
Compliance with laws.
a. An architect shall not, in the conduct of
architectural practice, knowingly violate any state or federal criminal law. A
"conviction" for purposes of this paragraph and Iowa Code section
544A.13
means a conviction for an indictable offense and includes the court's
acceptance of a guilty plea, a deferred judgment from the time of entry of the
deferred judgment until the time the defendant is discharged by the court
without entry of judgment, or other finding of guilt by a court of competent
jurisdiction. A copy of the record of conviction, guilty plea, deferred
judgment, or other finding of guilt is conclusive evidence. A licensed
architect shall notify the board of a conviction within 30 days of the
conviction.
b. An architect shall
neither offer nor make any payment or gift to a government official (whether
elected or appointed) with the intent of influencing the official's judgment in
connection with a prospective or existing project in which the architect is
interested.
c. An architect shall
comply with the licensing laws and regulations governing the architect's
professional practice in any United States jurisdiction.
d. An Iowa-licensed architect shall report to
the board in writing any revocation, suspension, or other disciplinary action
taken by a licensing authority in any other state or jurisdiction within 30
days of the final action.
(6)
Professional conduct.
a. Each office engaged in the practice of
architecture shall have an architect resident regularly employed in that office
having responsible charge of such work or, in the situation of work performed
remotely, immediately available to furnish assistance or direction throughout
the performance of the work.
b. An
architect shall not sign or seal drawings, specifications, reports or other
professional work for which the architect does not have direct professional
knowledge and direct supervisory control; provided, however, that in the case
of the portions of professional work prepared by the architect's consultants,
licensed under this or another professional licensing law of this jurisdiction,
the architect may sign or seal that portion of the professional work if the
architect has reviewed that portion, has coordinated its preparation and
intends to be responsible for its adequacy.
c. An architect shall neither offer nor make
any gifts to any public official with the intent of influencing the official's
judgment in connection with a project in which the architect is interested.
Nothing in this rule shall prohibit an architect from providing architectural
services as a charitable contribution.
d. An architect shall not engage in conduct
involving fraud or wanton disregard of the rights of others.
e. Architects shall adhere to the appropriate
standards of conduct as outlined in the NCARB Model Rules of Conduct, dated
July 2018, incorporated herein by reference.
(7)
Seal and certificate of
responsibility.
a. Each architect
shall procure a seal with which to identify all technical submissions issued by
the architect for use in Iowa as provided in Iowa Code section
544A.28.
b. Description of seal: The diameter of the
outside circle shall be approximately 1 3/4 inches. The seal shall include the
name of the licensed architect and the words " Licensed Architect". The Iowa
license number and the word "Iowa" shall be included. The seal shall
substantially conform to the samples shown below:
Click here
to view Image
c.
A legible rubber stamp, electronic image or other facsimile of the seal may be
used.
d. Each technical submission
submitted to a client or any public agency, hereinafter referred to as the
official copy, shall contain an information block on its first page or on an
attached cover sheet with application of a seal by the architect in responsible
charge and an information block with application of a seal by each professional
consultant contributing to the technical submission. The seal and original
signature shall be applied only to a final technical submission. Each official
copy of a technical submission shall be stapled, bound or otherwise attached
together so as to clearly establish the complete extent of the technical
submission. Each information block shall display the seal of the individual
responsible for that portion of the technical submission. The area of
responsibility for each sealing professional shall be designated in the area
provided in the information block, so that responsibility for the entire
technical submission is clearly established by the combination of the stated
seal responsibilities. The information block will substantially conform to the
sample shown below:
|
SEAL
|
I hereby certify that the portion of this technical
submission described below was prepared by me or under my direct supervision
and responsible charge. I am a duly licensed architect under the laws of the
state of Iowa.
____________________________________________
Signature Date
Printed or typed name
License number
My license renewal date is June
30,_____________.
Pages or sheets covered by this
seal:_______________
____________________________________________
____________________________________________
____________________________________________
____________________________________________ |
e. The
information requested in each information block must be typed or legibly
printed in permanent ink or a secure electronic signature. An electronic
signature as defined in or governed by Iowa Code chapter 554D meets the
signature requirements of this rule if it is protected by a security procedure,
as defined in Iowa Code section
554D.103(14),
such as digital signature technology. It is the licensee's responsibility to
ensure, prior to affixing an electronic signature to a technical submission,
that security procedures are adequate to (1) verify that the signature is that
of a specific person and (2) detect any changes that may be made or attempted
after the signature of the specific person is affixed.
The seal implies responsibility for the entire technical
submission unless the area of responsibility is clearly identified in the
information accompanying the seal.
f. It shall be the responsibility of the
architect who signed the original submission to forward copies of all changes
and amendments to the technical submission, which shall become a part of the
official copy of the technical submission, to the public official charged with
the enforcement of the state, county, or municipal building code.
g. An architect is responsible for the
custody and proper use of the seal. Improper use of the seal shall be grounds
for disciplinary action.
h. The
seal appearing on any technical submission shall be prima facie evidence that
said technical submission was prepared by or under the responsible charge of
the individual named on that seal.
(8)
Communications. An
architect shall, when requested, respond to communications from the board
within 30 days of the mailing of such communication by certified mail. Failure
to respond to such communication may be grounds for disciplinary action against
the architect.
(9)
Architectural Experience Program supervisor. The Architectural
Experience Program supervisor, formerly known as the Intern Development Program
supervisor, shall not fail to respond to a request to verify experience hours
reported to the National Council of Architectural Registration Board's
Architectural Experience Program when requested by NCARB, the board, or a
subordinate, associate, or intern who is, or has been, supervised by the
Architectural Experience Program supervisor.
This rule is intended to implement Iowa Code chapters 17A and
544A.
