4.3.1 An architect
shall not, in the conduct of the architect's architectural practice, knowingly
violate a state or federal criminal law directly related to the duties and
responsibilities of the practice of architecture.
Commentary - This rule is concerned with the
violation of a state or federal criminal law while in the conduct of the
registrant's professional practice. Thus, it does not cover criminal conduct
entirely unrelated to the registrant's architectural practice. It is intended,
however, that Rule 4.5.4 will cover reprehensible conduct on the part of the
architect not embraced by Rule 4.3.1.
4.3.2 The registrant shall not furnish
limited services in such a manner as to enable unregistered persons to evade
federal, state and local building laws and regulations, including building
permit requirements.
4.3.3 An
architect shall neither offer nor make any payments or gifts of substantial
value 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.
Commentary - Rule 4.3.3 tracks a typical bribe
statute. It is covered by the general language of Rule 4.3.1, but is more
explicitly set out in this Rule.. Note that all of the rules under this section
look to the conduct of the architect and not to whether or not the architect
has actually been convicted under a criminal law. An architect who bribes a
public official is subject to discipline by Board, whether or not the architect
has been convicted under the state criminal procedure.
4.3.4 An architect shall comply
with the registration laws and regulations governing professional practice in
any United States jurisdiction. An architect may be subject to disciplinary
action if, based on grounds substantially similar to those which lead to
disciplinary action in this jurisdiction, the architect is disciplined in any
other United States jurisdiction.
4.3.5 Rule 4.3.4 shall not prevent a person
who is not currently registered in this state, but who is currently registered
in another United States or Canadian jurisdiction, from providing uncompensated
(other than reimbursement of expenses) safety assessment services at the scene
of an emergency at the request of a public official, public safety official, or
building inspection official, acting in official capacity in accordance with
Miss. Code Ann. § 11-75-1. Any person providing
uncompensated safety assessment services under this provision shall notify the
Board on the form provided for that purpose. This provision shall apply only to
safety assessment services rendered within ninety (90) days following the end
of the period for the emergency, unless extended by an executive order. "Safety
assessment services" means inspection and evaluation of any structure,
building, facility, project utility, equipment, machine, process, piping, or
other system at the scene of an emergency related to structural integrity or
nonstructural elements affecting life, safety and habitability. Architectural
services beyond safety assessment services including, but not limited to,
design of repairs, demolition plans, construction documents, or construction
administration shall only be undertaken by an architect registered in
Mississippi.
