Ohio Administrative Code
Title 4703 - State Board of Examiners of Architects
Chapter 4703-3 - Certification
Section 4703-3-07 - Code of conduct
Universal Citation: OH Admin Code 4703-3-07
Current through all regulations passed and filed through December 16, 2024
Preamble.
In order to safeguard the health, safety and welfare of the public and the state of Ohio, to maintain integrity and high standards of skills and practice in the profession of architecture, the following rules of professional conduct, promulgated in accordance with Chapter 4703. of the Revised Code, shall be binding upon every person holding a certificate of qualification as a registered architect.
The registered architect, who holds a certificate of qualification from the architects board, is charged with having knowledge of the existence of the reasonable rules and regulations hereinafter provided for his or her professional conduct as a registered architect, and also shall be deemed to be familiar with their several provisions and to understand them.
Such knowledge shall encompass the understanding that the practice of architecture, is a privilege, as opposed to a right, and the registrant shall be forthright and candid in statements or written responses to the board or its representatives on matters pertaining to professional conduct.
(A) Competence
(1) In practicing architecture, a registered
architect shall act with reasonable care and competence and shall apply the
knowledge and skill which is ordinarily applied by registered architects of
good standing, practicing in the same locality.
(2) In designing a project a registered
architect shall take into account
applicable state and municipal building laws and regulations. While a
registered architect may rely on the advice of other professions (e.g.,
attorneys, engineers and other qualified persons) as to the intent and meaning
of such regulations, once having obtained such advice, a registered architect
shall not knowingly design a project in violation of such laws and
regulations.
(3) A registered
architect shall undertake to perform professional services only when he or she,
together with those whom the registered architect may engage as consultants,
are qualified by education, training and experience in the specific technical
areas involved.
(4) No individual
shall be permitted to practice architecture if, in the board's judgment, such
individuals' professional competence is substantially impaired by physical or
mental disabilities.
(B) Conflict of interest
(1) A registered
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.
(2) If a registered
architect has any business association or direct or indirect financial interest
which is substantial enough to influence his or her judgment in connection with
the performance of professional services, the registered architect shall fully
disclose in writing to his or her client or employer the nature of the business
association or financial interest. If the client or employer objects to such
association or financial interest, the registered architect will either
terminate such association or interest or offer to give up the commission or
employment.
(3) A registered
architect shall 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, a registered
architect shall render decisions impartially, favoring neither party to the
contract.
(C) Full disclosure
(1) A registered architect, making
public statements on architectural questions, shall disclose when he or she is
being compensated for making such statements.
(2) A registered 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.
(3) If, in the course of his or her work on a
project, a registered architect becomes aware of a decision taken by his or her
employer or client, against the registered architect's advice, which violates
applicable state or municipal building laws and regulations and which will, in
the registered architect's judgment, materially affect adversely the safety to
the public of the finished project, the registered architect shall
in writing:
(a)
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;
(b) Refuse to
consent to the decision and;
(c) In
circumstances where the registered architect reasonably believes that other
such decisions will be taken notwithstanding his objection, terminate his or
her services with reference to the project.
In the case of a termination in accordance with paragraph (C)(3)(c) of this rule, the registered architect shall have no liability to his or her client on account of such termination.
(4) A registered architect shall not
deliberately make a materially false statement or fail deliberately to disclose
accurately and completely a material fact requested in connection with his or
her application for registration or renewal thereof or otherwise lawfully
requested by the board.
(5) A
registered architect shall not assist the application for registration of a
person known by the registered architect to be unqualified in respect to
education, training, experience, or character.
(6) A registered architect possessing
knowledge of a violation of these rules by another registered architect shall
report such knowledge to the board.
(7) If a registered architect is found guilty
of a felony in any jurisdiction or has been disciplined by another
jurisdiction, during the current renewal period, the registered architect shall
notify the board in writing within sixty days.
Disciplinary action includes, but is not limited to, reprimands, fines, probation, suspension, supervised practice, revocation, surrender, cease and desist or consent orders, settlement agreements or stipulations.
(8) If a
registered architect is registered with the "Ohio Civil Child Sexual Abuse
Registry" pursuant to Chapter 3797. of the Revised Code, the registered
architect shall notify the board in writing within sixty days.
(D) Compliance with laws.
(1) A registered architect shall not, in the
conduct of his or her architectural practice, knowingly violate any state or
federal criminal law.
(2) A
registered 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.
(3) A registered architect shall comply with
the registration laws and regulations governing his or her professional
practice in any lawful jurisdiction. An architect may be subject to
disciplinary action if, based on grounds substantially similar to those which
led to disciplinary action in this jurisdiction, the architect was disciplined
in any other lawful jurisdiction.
(4) A registered architect shall not have
been found by a court or an administrative tribunal to have violated any
applicable federal or state law protecting the rights of persons working for
the employer with respect to fair labor standards or with respect to
maintaining a workplace free of discrimination.
(5) Each registered architect shall cooperate
with the board in its investigation of complaints or possible violations of
Chapter 4703. of the Revised Code. This cooperation shall include responding to
written communications from the board, providing information or documents
requested within thirty days of the date on which the communication was mailed,
and appearing before the board or its designee upon request.
(6) An architect or architecture firm shall
comply with all terms, stipulations and orders of any official judgment or
decree rendered against them by a court of justice as it relates to the
performance of professional architecture services and the generally accepted
business practices in the practice of architecture.
(E) Professional conduct.
(1) An architect shall not sign or seal
drawings, specifications, reports, or other professional work for which he or
she does not have direct professional knowledge and direct supervisory control;
provided, however, that in the case of the portions of such professional work
prepared by the architect's consultants, registered under this or another
professional registration law of this jurisdiction, the architect may sign or
seal that portion of the professional work if the architect has reviewed such
portion, has coordinated its preparation, and intends to be responsible for its
adequacy.
(2) A registered
architect shall neither offer nor 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 or prospective client in
connection with a project which the architect is interested.
(3) A architect shall not engage in conduct
involving fraud.
(4) An architect
shall not make misleading, deceptive or false statements or claims.
(5) Each architect shall keep a true and
correct record of all business transactions including but not limited to
contracts, invoices for architectural services, employment records, and tax
records relevant to enforcement of Chapter 4703. of the Revised Code. Such
records shall be made available at all reasonable hours for inspection and
copying or upon written request by the board.
(6) 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 Intern
Development Program" when requested by a subordinate, associate, or intern who
is, or has been, supervised by the "Intern Development Program"
supervisor.
Disclaimer: These regulations may not be the most recent version. Ohio 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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