(a) The Board
adopts the following rules of professional conduct as the code of ethics for
professional engineers and land surveyors.
In order to establish and maintain a high standard of
integrity, skills and practice in the profession of engineering and land
surveying and to safeguard the life, health, property, and welfare of the
public, the following rules of professional conduct are promulgated and shall
be binding upon every person holding a license as a professional engineer or
land surveyor and on all partnerships or corporations or other legal entities
authorized to offer or perform engineering and/or land surveying services in
Connecticut.
The rules of professional conduct as promulgated herein are an
exercise of the police power vested in the board by virtue of the acts of the
legislature, and as such, the board is authorized to establish conduct, policy,
and practices in accordance with the powers hereinabove stated.
All persons licensed under the provisions of Chapter 391 of the
general statutes of Connecticut are charged with having knowledge of the
existence of these rules of professional conduct, and shall be deemed to be
familiar with their several provisions and to understand them. Such knowledge
shall encompass the understanding that the practice of engineering and land
surveying is a privilege, as opposed to a right, and the licensee shall be
forthright and candid in his or her statements or written response to the board
or its representatives on matters pertaining to professional conduct.
(1) The engineer or land surveyor shall at
all times recognize his or her primary obligation to protect tsafety, health,
and welfare of the public in the performance of his or her professional duties.
If his or her professional judgment is overruled under circumstances where the
safety, health and welfare of the public are endangered, he or she shall inform
his or her employer of the possible consequences and notify such other proper
authority of the situation, as may be appropriate.
(2) The engineer or land surveyor shall
undertake to perform engineering or land surveying assignments only when
qualified by education or experience in the specific technical field of
professional engineering or land surveying involved.
(3) The engineer or land surveyor may accept
an assignment requiring education or experience outside of his or her own field
of competence, but only to the extent that such services are restricted to
those phases of the project in which he or she is qualified. All other phases
of such project shall be performed by qualified associates, consultants, or
employees.
(4) The engineer or land
surveyor shall not affix his or her seal to any plan, map, survey, sketch,
drawing, specification, or other document not prepared personally or under his
or her supervisory control.
A licenee may seal, or sign and seal, documents not prepared by
the licensee or by an employee under the licensee's supervisory control,
provided the licensee shall prepare, and retain for a period of not less than
six years, a thorough written evaluation of the professional services
represented by the documents, including but not limited to, drawings,
specifications, reports, design calculations and references to applicable codes
and standards. Such written evaluation shall clearly identify the project and
the documents to which it relates, the sources of the documents and the name of
the person or organization for which the written evaluation was conducted and
the date of the evaluation; and the seal and signature of the licensee shall
also be affixed thereto.
(5) The engineer or land surveyor shall be
completely objective and truthful in all professional reports, plans, maps,
surveys, sketches, drawings, specifications, other documents, statements, or
testimony. He or she shall include all relevant and pertinent information in
such reports, plans, maps, surveys, sketches, drawings, specifications, other
documents, statements, or testimony.
(6) The engineer or land surveyor when
serving as an expert or technical witness before any court, commission, or
other tribunal, shall express an opinion only when it is founded upon adequate
knowledge of the facts in issue, upon a background of technical competence in
the subject matter, and upon honest conviction of the accuracy and propriety of
his or her testimony.
(7) The
engineer or land surveyor shall issue no statement, criticisms, or arguments on
engineering or land surveying matters connected with public policy which are
inspired or paid for by an interested party, or parties, unless he or she has
prefaced such comment by explicitly identifying himself or herself by
disclosing the identities of the party or parties on whose behalf he or she is
speaking, and by revealing the existence of any pecuniary interest he or she
may have in the instant matter.
(8)
The engineer or land surveyor shall conscientiously avoid conflicts of interest
with his or her employer or client, but, when unavoidable, the engineer or land
surveyor shall forthwith disclose the circumstances to his or her employer or
client. The engineer or land surveyor shall not review or influence the
decision of his or her own or his or her firm's work for any public body on
which he or she may serve.
(9) The
engineer or land surveyor shall avoid all known conflicts of interest with his
or her employer or client and shall promptly inform his or her employer or
client of any business association, interest, or circumstances which could
influence his or her judgment or the quality of his or her services.
(10) The engineer or land surveyor shall not
accept compensation, financial or otherwise, from more than one party for
services on the same project, unless the circumstances are fully disclosed to,
and agreed to, by all interested parties. The engineer or land surveyor shall
not permit any person to share in the fees for professional services, other
than: A partner, employee, associate in a professional firm or corporation,
subcontractor or consultant. This prohibition shall include any arrangement or
agreement whereby the amount received in payment for furnishing professional
services, personnel services, space, facilities, or equipment used by a
professional licensee constitutes a percentage of, or is otherwise dependent
upon, the income or receipts of the licensee from such practice.
(11) The engineer or land surveyor shall not
solicit or accept financial or other valuable consideration from material or
equipment suppliers for specifying his or her product.
(12) The engineer or land surveyor shall not
solicit or accept gratuities, directly or indirectly, from contractors, their
agents, or other parties dealing with his or her client or employer in
connection with work for which he or she is responsible.
(13) The engineer or land surveyor shall not
solicit or accept an engineering or land surveying contract from a governmental
body on which the principal or officer of his or her organization serves as a
member. He or she shall not participate as a member, advisor or employee of a
governmental body in those actions or deliberations which pertain to services
provided to the governmental body by the practitioner or his or her
organization.
(14) The engineer or
land surveyor shall not offer to pay, agree to pay, conspire to pay, or pay
either directly or indirectly, any commission, political contribution or gift,
or other consideration in order to secure work, exclusive of securing salaried
positions through employment agencies.
(15) The engineer or land surveyor shall not
falsify or permit misrepresentation of his or her, or his or her associates',
academic or professional qualifications. He or she shall not misrepresent or
exaggerate his or her degree of responsibility in or for the subject matter of
prior assignments. Brochures or other presentations incident to the
solicitation of employment shall not misrepresent pertinent facts concerning
employers, employees, associates, joint ventures, or this or their past
accomplishments with the intent and purpose of enhancing his or her
qualifications and work.
(16) The
engineer or land surveyor shall not knowingly associate with or permit the use
of his or her name or firm name in a business venture by any person or firm
which he or she knows, or has reason to believe, is engaging in business or
professional practices of a fraudulent or dishonest nature.
(17) If the engineer or land surveyor has
knowledge or reason to believe that another person or firm may be in violation
of any of these provisions, he or she shall present such information to the
board in writing, as specified in section
20-300-14a,
and shall cooperate with the board in furnishing such further information or
assistance as may be required by the board.
