South Carolina Code of Regulations
Chapter 11 - DEPARTMENT OF LABOR, LICENSING AND REGULATION- STATE BOARD OF ARCHITECTURAL EXAMINERS
Section 11-12 - Code of Professional Ethics
Universal Citation: SC Code Regs 11-12
Current through Register Vol. 48, No. 9, September 27, 2024
An architect or firm shall not engage in dishonest practice, unprofessional conduct, or incompetent practice.
A. Conflict of Interest.
(1) An architect or firm shall not accept
compensation for services from more than one (1) party on a project unless the
circumstances are fully disclosed and agreed to (such disclosure and agreement
to be in writing) by all interested parties.
(2) If an architect or firm has any business
association or direct or indirect financial interest which is substantial
enough to influence judgments in connection with the performance of
professional services, the architect or firm 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 such association or
financial interest, the architect or firm will either terminate such
association or interest, or withdraw from the commission or
employment.
(3) An architect or
firm shall not solicit or accept compensation from materials 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, the
architect or firm shall render decisions impartially, favoring neither party to
the contract.
B. Full Disclosure.
(1) An architect or firm making
public statements on architectural questions shall disclose when being
compensated for making such statements.
(2) An architect or firm shall be accurate in
representing to a prospective or existing client or employer the qualifications
and the scope of responsibility in connection with work for which credit is
claimed.
(3) If in the course of
work on a project, the architect or firm becomes aware of a decision taken by
the employer or client, against the architect's or firm's advice, which
violates applicable state or municipal building laws and regulations and which
will materially affect adversely the safety to the public of the finished
project, the architect or firm shall:
(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; and
(b) refuse to
consent to the decision; and
(c)
terminate services with reference to the project in circumstances where the
architect or firm reasonably believes that other such decisions will be taken
notwithstanding the architect's or firm's objections.
(4) On a project where a building permit has
been issued and the sealing architect and the firm of record have not been
engaged to perform at least minimum construction administration services, as
defined in subsection (5) below, the sealing architect and firm must report to
the permitting authority and the building owner that he and the firm have not
been so engaged.
(5) The minimum
construction administration services expected of the sealing architect and firm
deemed necessary to protect the health, safety, and welfare of the public shall
be periodic site observations of the construction progress and quality, review
of contractor submittal data and drawings, and reporting to the building
official and owner any violations of codes or substantial deviations from the
contract documents which the architect observed.
(6) An architect or firm shall not
deliberately make a false statement or fail deliberately to disclose a fact
requested by the Board.
(7) An
architect or firm shall not assist the application for registration of a person
known by the architect or firm to be unqualified in respect to education,
training, experience, or character.
(8) An architect or firm possessing knowledge
of a violation of these rules by another architect or firm shall report such
knowledge to the Board.
(9) An
architect or firm shall cooperate fully upon request in matters pertaining to
any investigation initiated by the Board.
C. Compliance with Laws.
(1) An architect or firm shall not violate
any state or federal criminal or civil law, rule, or regulation.
(2) An architect or firm 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 or firm is
interested.
(3) An architect or
firm shall comply with the registration laws, rules, and regulations governing
the practice of architecture in this State and in any other
jurisdiction.
(4) An architect or
firm shall not assist or aid any unlicensed person or firm in the unauthorized
practice of architecture.
(5) No
architect or firm shall be entitled to registration within this State who has
been convicted of a felony or a crime of moral turpitude unless suitable
evidence of reform is presented to the Board.
D. Professional Conduct.
(1) An architect or firm shall not sign or
seal drawings, specifications, reports, or other professional work for which
the architect or firm does not have direct professional knowledge and direct
supervisory control; provided, however, that in the case of portions of such
professional work prepared by the architect's, or firm's consultants,
registered under this or another professional registration law of this
jurisdiction, the architect or firm may sign or seal that portion of the
professional work if the architect or firm has reviewed such portion, has
coordinated its preparation, and intends to be responsible for its
adequacy.
(2) An architect or firm
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 in which the architect or firm is
interested.
(3) An architect or
firm shall not engage in conduct involving fraud or wanton disregard of the
rights of others.
(4) An architect
or firm shall not act in any manner so as to mislead a client or the general
public or so as to misrepresent its competence or qualifications.
E. Competence.
(1) An architect or firm shall act with
reasonable care and competence and shall apply the technical knowledge and
skill which is ordinarily applied by architects and firms in good standing in
South Carolina.
(2) An architect or
firm shall take into account all applicable state and municipal building laws
and regulations. While an architect or firm 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 or firm shall not design a project in violation of such laws and
regulations.
(3) An architect or
firm, together with those whom the architect or firm may engage as consultants,
shall undertake to perform professional services only when qualified by
education, training, and experience in the specific technical areas
involved.
Disclaimer: These regulations may not be the most recent version. South Carolina 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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