Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 21 - BOARD OF ARCHITECTS
Chapter 09.21.02 - Code of Ethics
Section 09.21.02.01 - Rules of Conduct
Universal Citation: MD Code Reg 09.21.02.01
Current through Register Vol. 51, No. 19, September 20, 2024
A. Competence.
(1) In practicing architecture, an architect
shall act with reasonable care and competence, and shall apply the technical
knowledge and skills which are ordinarily applied by architects of good
standing, practicing in the same locality.
(2) 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 attorneys, engineers,
and other qualified individuals as to the intent and meaning of those
regulations, once having obtained this advice, an architect may not knowingly
design a project in violation of those laws and regulations.
(3) An architect shall undertake to perform
professional services only when the architect, together with those whom the
architect may engage as consultants, are qualified by education, training, and
experience in the specific technical areas involved.
(4) An individual may not practice
architecture if, in the Board's judgment, the individual's professional
competence is substantially impaired by physical or mental
disabilities.
B. Conflict of Interest.
(1) An architect may
not accept compensation for services from more than one party on a project,
unless the circumstances are fully disclosed and agreed to, in writing, by all
interested parties.
(2) If an
architect has a 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 architect's client or employer the nature of
the business association or financial interest. If the client or employer
objects to the association or financial interest, the architect shall either
terminate the association or interest, or offer to give up the commission or
employment.
(3) An architect may
not solicit or accept compensation from material or equipment suppliers in
return for specifying or endorsing their products.
(4) When acting as the interpreter of
building contract documents and the judge of contract performance, an architect
shall render decisions impartially, not favoring either party to the
contract.
C. Full Disclosure.
(1) An architect, making public
statements on architectural questions, shall disclose when the architect is
being compensated for making the statement.
(2) An architect shall accurately represent
to a prospective or existing client or employer the scope of the architect's
qualifications and the scope of the architect's responsibility in connection
with work for which the architect is claiming credit.
(3) If, in the course of the architect's work
on a project, an architect becomes aware of a decision taken by the architect's
employer or client, against the architect's advice, which violates applicable
State, county, or municipal building laws and regulations and which will, in
the architect's judgment, materially affect adversely the safety to the public
of the finished project, the architect shall:
(a) Report the decision to the local building
inspector or other public official charged with the enforcement of the
applicable State, county, or municipal building laws and regulations;
(b) Refuse to consent to the decision;
and
(c) In circumstances when the
architect reasonably believes that other decisions will be taken
notwithstanding the objection, terminate the services with reference to the
project.
(4) In the case
of a termination in accordance with §C(3)(c) of this regulation, the
architect has no liability to the architect's client on account of the
termination.
(5) An architect may
not deliberately make a materially false statement or fail deliberately to
disclose a material fact requested in connection with the architect's
application for licensure or renewal of licensure.
D. Compliance with Laws.
(1) In the conduct of architectural practice,
an architect may not knowingly violate any State or federal criminal
laws.
(2) An architect shall comply
with the licensing laws and regulations governing architectural professional
practice in this or other jurisdictions in which the architect practices
architecture.
E. Professional Conduct.
(1) An architect may
not either offer or 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.
(2) An architect may
not either offer or make any gifts, other than gifts of nominal value,
including, for example, reasonable entertainment and hospitality, with the
intent of influencing the judgment of an existing prospective client in
connection with a project in which the architect is interested.
(3) An architect may not engage in conduct
involving fraud or wanton disregard of the rights of others.
(4) An architect may not assist the
application for licensure of a person known by the architect to be unqualified
in respect to education, training, experience, or character.
(5) An architect possessing knowledge of a
violation of these regulations by another architect shall report this knowledge
to the Board.
F. Failure to Respond.
(1) If an applicant or licensee receives from
the Board a written communication requesting a response, the applicant or
licensee shall respond within 30 days of the date of mailing.
(2) The Board shall send a written
communication by first-class mail to the last known address furnished to the
Board by the applicant or licensee.
(3) It is a responsibility of an applicant or
licensee to notify the Board in writing if there has been a change in the
applicant's or licensee's address.
(4) Failure to respond as required by this
regulation may be considered by the Board to be a violation of Business
Occupations and Professions Article, §3-311(a)(l)(iv),
Annotated Code of Maryland.
Disclaimer: These regulations may not be the most recent version. Maryland 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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