Current through Register Vol. 50, No. 9, September 20, 2024
A.
Competence
1. In practicing architecture, an
architects primary duty is to protect the publics health, safety, and welfare.
In discharging this duty, an architect shall act with reasonable care and
competence, and shall apply the technical knowledge and skill ordinarily
applied by architects in good standing, practicing in the same locality.
COMMENTARY This rule is based on the common law "standard of
care" that has been accepted by courts in this country for over 100 years in
judging the performance of architects.
2. In designing a project, an architect shall
take into account the applicable federal, state, and local 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 such laws and
regulations.
3. An architect shall
perform professional services only when the architect, together with those whom
the architect may engage has the necessary knowledge and skill in the specific
technical areas involved.
COMMENTARY While an architect is licensed to undertake any
project which falls within the definition of the practice of architecture, as a
professional, the architect must understand and be limited by the limitations
of his or her own capacity and knowledge. Where an architect lacks experience,
the rule supposes that he or she will retain consultants who can appropriately
supplement his or her own capacity. If an architect undertakes to do a project
where he or she lacks knowledge and where he or she does not seek such
supplementing consultants, the architect has violated the rule.
4. An architect shall not be
permitted to practice architecture if, in the board's judgment, the architects
professional competence is substantially impaired. The assessment of impairment
should be performed by an appropriately qualified professional.
COMMENTARY This rule empowers the board to act preemptively
in the interest of public health, safety, and welfare when the board becomes
concerned that an architects competence may be impaired, rather than waiting
until the impaired competence causes harm.
B. Conflict of Interest
1. An architect shall not accept compensation
in connection with services from more than one party on a project unless the
circumstances are fully disclosed and waived in writing by all parties.
COMMENTARY This rule recognizes that in some circumstances an
architect may receive compensation from more than one party involved in a
project but that such bifurcated loyalty is unacceptable unless all parties
have understood it and accepted it.
2. An architect shall not solicit or accept
compensation from material or equipment suppliers for specifying or endorsing
their products in connection with a project. As used herein, "compensation"
shall mean customary and reasonable business hospitality, entertainment, or
product education.
COMMENTARY Unlike Rule B.1, this rule does not provide for
waiver by agreement. Customary and reasonable business hospitality,
entertainment, and product education may be determined by jurisdictional ethics
laws, company policies, and tax guidelines. In Louisiana, a Code of
Governmental Ethics is found at La.
R.S.
42:1101 et seq.
3. An architect shall not perform
professional services in the face of a conflict of interest that is not fully
disclosed and waived in writing by all parties. An architect has a conflict of
interest when:
a. the architect has or may
acquire a financial or other interest in the project, someone participating in
it, or any component of it; or
b.
the architects judgment may be adversely affected by a relationship with
another party.
4. An
architect, when acting by agreement of the parties as the independent
interpreter of building contract documents or as the judge of contract
performance, shall render decisions impartially.
COMMENTARY This rule governs the construction industry
relationship where the architect is to act impartially as the interpreter of
building contract documents and/or the judge of contract performance, even
though paid by the owner. The rule recognizes that these roles are not
inevitable and that there may be circumstances (for example, where the
architect has an interest in the owning entity) in which the architect may
appropriately decline to act in either of these two roles.
5. An architect serving as an AXP Supervisor
for a candidate for licensure shall not have, nor enter into, any relationship
with the candidate that would interfere with the objectivity of the AXP
Supervisors certification of the candidates experience.
COMMENTARY AXP Supervisors should balance their duty to
protect the public with their role in licensure candidate development.
Balancing these duties make the AXP Supervisors objectivity critical.
C. Full Disclosure
1. An architect shall not make statements
that are misleading, deceptive, or false.
2. An architect making public statements on
architectural matters shall disclose if the architect is being compensated for
making such statements or has an economic interest in the issue.
3. An architect shall not misrepresent the
architects qualifications, capabilities, and experience or that of the
architects firm.
4. An architect
shall not misrepresent or overstate the scope of the architects responsibility
in connection with work for which the architect or the architects firm is
claiming credit.
COMMENTARY Brochures or other presentations incidental to the
solicitation of employment shall not misrepresent pertinent facts concerning
employer, employees, associates joint ventures, or his/her or their past
accomplishments with the intent and purpose of enhancing his/her qualifications
or his/her work.
5.
a. If, in the course of an architects work on
a project, the architect becomes aware of a decision made by the architects
employer or client, against the architect's advice, which violates applicable
federal, state, or local building laws and regulations and which will, in the
architect's judgment, materially and adversely affect adversely the health and
safety of the public, the architect shall:
i.
refuse to consent to the decision, and
ii. report the decision to the official
charged with enforcement of building laws and regulations,
iii. in circumstances where the architect
reasonably believes that other such decisions will be taken notwithstanding the
architects objection, terminate the provision of services with reference to the
project unless the architect is able to cause the matter to be resolved by
other means.
b. In the
case of a termination in accordance with
§1901.C.5.a iii, the
architect shall have no liability to his or her client or employer on account
of such termination.
COMMENTARY In the circumstances described, the architect is
compelled to report the matter to the appropriate building official even though
to do so may adversely affect the clients interests. The rule specifically
intends to exclude matters of safety during the course of construction that are
the obligation of the contractor.
6. An architect shall not make a false
statement or fail to disclose accurately and completely a material fact
lawfully requested by the board in connection with the architects application
for licensure or renewal.
7. An
architect shall not knowingly sign any verification document related to
licensure that contains false or misleading information and shall not assist in
the application for licensure of a person known by the architect to be
unqualified.
8. An architect
possessing knowledge of a licensure candidates qualifications for licensure
shall cooperate with the candidate, the board, and/or NCARB by responding
appropriately and in a timely manner regarding those qualifications.
9. An architect possessing knowledge of a
violation of the jurisdictions laws or rules governing the practice of
architecture by another shall report such knowledge to the board. It is the
professional duty of the architect to do so.
D. Compliance with Laws
1. An architect shall not violate the law of
the United States or any U.S. jurisdiction that in any material way relates to
the conduct of the architects practice.
2. An architect shall not engage in conduct
involving fraud or deliberate disregard of the rights of others.
3. An architect shall comply with the
licensing laws and regulations governing the architects professional practice
in any U. S. jurisdiction. An architect may be subject to disciplinary action
if the architect is disciplined in any other U.S. jurisdiction.
4. An architect shall neither offer nor make
any payment or gift with the intent of influencing an officials judgment in
connection with a prospective or existing project in which the architect is
interested.
5. An employer engaged
in the practice of architecture found by a court or administrative tribunal to
have violated the law of the United States or any U.S. jurisdiction protecting
the rights of persons working for the employer, such as those pertaining to
harassment, discrimination, and unfair competition, shall be subject to
discipline.
E. Sealing
Documents
1. An architect shall seal only
those technical submissions that were prepared under the architects responsible
control except as noted in Rules E.2 and E.3 below.
2. An architect of record may seal technical
submissions not required by law to be prepared by an architect including
information supplied by manufacturers, suppliers, installers, or contractors,
when that information is intended to be incorporated into the architect of
records technical submissions and the architect of record has reviewed such
information and can reasonably trust its accuracy.
3. An architect of record may seal
prototypical building documents prepared by an architect licensed in any U.S.
jurisdiction, but only if the architect of record determines that such
documents are in compliance with the requirements of the projects jurisdiction
and incorporates them into the architect of records own technical
submissions.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:144-45.
