Current through Register 1531, September 27, 2024
An architect shall conform to the rules set forth in
231
CMR 4.00 and with the laws governing the practice of
architecture. Departure therefrom by act or omission shall be deemed to
constitute misconduct warranting disciplinary action by the Board. Such
disciplinary actions shall be reported to NCARB for publication to other
jurisdictions.
(1)
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 regulations, once
having obtained such advice, an architect shall not knowingly design a project
in violation of such laws and regulations.
(c) An architect shall undertake to perform
professional services only when he or she, together with those whom the
architect may engage as consultants, are qualified by education, training, and
examination in the specific technical areas involved.
(d) No person shall be permitted to practice
architecture if, in the Board's judgment, such person's professional competence
is substantially impaired by physical or mental disabilities.
(2)
Conflict of
Interest.
(a) An architect shall
not accept compensation for his or her services from more than one party on a
project unless the circumstances are fully disclosed to and agreed to (such
disclosure 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 his or her judgment in connection with his or her
performance of professional services, the architect shall fully disclose in
writing to his or her 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, 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 their products.
(d) When acting as the interpreter of
building contract documents and judge of contract performance, an architect
shall render decisions impartially, favoring neither party to the
contract.
(3)
Full Disclosure.
(a)
An architect, making public statements on architectural questions, shall
disclose when he or she is being compensated for making such
statement.
(b) An architect shall
accurately represent to a prospective or existing client or employer his or her
qualifications and the scope of his or her responsibility in connection with
work for which he or she is claiming credit.
(c) If, in the course of his or her work on a
project, an architect becomes aware of a decision taken by his or her employer
or client, against the architect's advice, which violates applicable state or
municipal building laws or regulations and which will, in the architect's
judgment, materially affect adversely 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
the enforcement of the applicable state or municipal building laws and
regulations,
2. refuse to consent
to the decision, and
3. in
circumstances where the architect reasonably believes that other such decisions
will be taken notwithstanding his or her objection, terminate his or her
services with reference to the project.
In the case of a termination in accordance with 231 CMR
4.01(3)(c) the architect shall have no liability to his or her client or
employer on account of such termination.
(d) An architect shall not deliberately make
a materially false statement or fail deliberately to disclose a material fact
requested in connection with his or her application for registration or
renewal.
(e) An architect shall not
assist the application for registration 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
231
CMR 4.00 by another architect shall report such
knowledge to the Board.
(4)
Compliance With
Laws.
(a) An architect shall not,
in the conduct of his or her architectural practice, knowingly violate any
state or federal law.
(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
registration laws and regulations governing his or her professional practice in
any United States or Canadian jurisdiction.
(5)
Professional
Conduct.
(a) A registered
architect may sign and seal technical submissions only if:
1. The technical submissions in question were
personally prepared by the signing and sealing architect himself or herself;
or
2. The technical submissions in
question were prepared by another architect who is duly registered in
Massachusetts, or by another design professional duly licensed or registered as
such in Massachusetts, and the signing and sealing architect has reviewed the
work and either coordinated the preparation of that work or integrated that
work into his or her own technical submissions; or
3. The technical submissions in question were
prepared by another person under the responsible control of the signing and
sealing architect.
For purposes of 231 CMR 4.01(5)(a)2. the phrase "another design
professional" means a person who is duly registered or licensed in the
Commonwealth of Massachusetts as a professional engineer, registered land
surveyor, registered landscape architect, licensed plumber, or licensed
electrician.
(b)
A registered architect shall be deemed to have exercised responsible control
over the preparation of technical submissions for purposes of 231 CMR
4.01(5)(a)3. if:
1. The technical submissions
in question were prepared in the office where the signing and sealing architect
is regularly employed; or
2. The
technical submissions in question were prepared at a location other than the
office where the signing and sealing architect is regularly employed, but the
signing and sealing architect maintains adequate and complete written records
which demonstrate that he or she possesses detailed knowledge of the content of
those technical submissions and exercised sufficient control over those
submissions throughout their preparation.
(c) A registered architect may also sign and
seal drawings, specifications or other work which is not required by law to be
prepared by an architect, if the signing and sealing architect has reviewed
such work and has integrated it into his or her own technical
submissions.
(d) Reviewing, or
reviewing and correcting, technical submissions after they have been prepared
by others shall not be sufficient, in and of itself, to constitute the exercise
of responsible control over the preparation of those technical
submissions.
(e) An architect shall
neither offer nor make any gifts, other than gifts of nominal value, with the
intent of influencing the judgment of an existing or prospective client in
connection with a project in which the architect is interested. For purposes of
231 CMR 4.01(5)(e), reasonable expenditures for entertainment or hospitality
shall be considered gifts of nominal value.
(f) An architect shall not engage in conduct
involving fraud or wanton disregard of the rights of others.
(g) Suspension, revocation or cancellation of
an architect's certification by the National Council of Architectural
Registration Boards shall, in and of itself, constitute sufficient grounds for
disciplinary action by the Board.
(6) An architect may advertise so long as the
advertisement is not false, deceptive or misleading.