4.4.1 An architect,
making public statements on architectural questions, shall disclose when the
architect is being compensated for making such statement.
Commentary - Architects frequently and appropriately
issue statements on questions affecting the environment and the architect's
community. As citizens and as members of a profession acutely concerned with
environmental change, they doubtlessly have an obligation to be heard on such
questions. Many architects may, however, be representing the interests of
potential developers when making statements on such issues. It is consistent
with the probity which the public expects from members of the architectural
profession that they not be allowed under the circumstances described in the
rule to disguise the fact that they are not speaking on the particular issue as
an independent professional but as a professional engaged to act behalf of a
client.
4.4.2 An
architect shall accurately represent to a prospective or existing client or
employer the architect's qualifications and the scope of the architect's
responsibility in connection with work for which the architect is claiming
credit.
A. it shall be the responsibility of
each registered architect to clearly and appropriately state prior professional
experience of the architect and/or the firm the architect is representing in
presenting qualifications to prospective clients, both public and private. If
an architect uses visual representations of prior projects or experience, all
architects-of-record must be clearly identified. Architect-of-record means
persons or entities whose seal appear on plans, specifications and/or contract
documents.
B. an architect who has
been an employee of another architectural practice may not claim unconditional
credit for projects contracted for in the name of the previous employer. The
architect shall indicate, next to the listing for each project, that individual
experience gained in connection with the project was acquired as an employee,
the time frame in which the project was performed, and identify the previous
architectural firm. The architect shall also describe the nature and extent of
the architect's participation in the project.
C. an architect who was formerly a principal
in a firm may legitimately make additional claims provided the architect
discloses the nature of ownership in the previous architectural firm (e.g.
stockholder, director or officer) and identifies with specificity the
architect's responsibilities for that project.
D. an architect who presents a project that
has received awards recognition must comply with the requirements of Rule 4.4.2
with regard to project presentation to the public and prospective clients.
E. projects which remain
unconstructed and which are listed as credit shall be listed as "unbuilt" or a
similar designation.
Commentary - Many important projects require a team
of architects to do the work. Regrettably, there has been some conflict in
recent years when individual members of that team have claimed greater credit
for the project than was appropriate to the actual work performed by them. It
should be noted that a young architect who develops experience working under a
more senior architect has every right to claim credit for the work which the
young architect actually performed. On the other hand, the public must be
protected from believing that the younger architect's role was greater than was
the fact. If a brochure represents an employee's involvement on a specific
project, while employed by another firm, the brochure provided shall include
the employee's specific responsibilities on the project and the architect of
record for the project.
4.4.3 The registrant shall not falsify or
permit misrepresentation of an associate's academic or professional
qualifications. The architect shall not misrepresent or exaggerate the
architect's degree of responsibility in or for the subject matter or prior
assignments. Brochures or other presentations incidental to the solicitation of
employment shall not misrepresent pertinent facts concerning employer,
employees, location of offices or residency, associates, joint ventures, or
past accomplishments with the intent and purpose of enhancing the architect's
qualifications and/or work.
4.4.4
If, in the course of the architect's work on a project, an architect becomes
aware of a decision taken by the architect's employer or client against the
architect's advice, which violates applicable state or municipal building laws
and regulations and which will, in the architect's judgment, materially and
adversely affect the safety to the public of the finished project, the
architect shall:
A. report the decision to
the local building inspector or other public official charged with enforcement
of the applicable state or municipal building laws and regulations;
and
B. refuse to consent to the
decision; and
C. in circumstances
where the architect reasonably believes that other such decisions will be taken
notwithstanding the architect's objection, terminate the architect's services
with reference to the project.
Commentary - This rule holds the architect to the
same standard of independence which has been applied to other professionals
such as lawyers and accountants. In the circumstances described, the architect
is compelled to report the matter to a public official even though to do so may
substantially harm the architect's client. Note that the circumstances are a
violation of building laws which adversely affect the safety to the public of
the finished project. While a proposed technical violation of building laws
(e.g., a violation which does not affect safety) will cause a responsible
architect to take action to oppose its implementation, the PCC specifically
does not make such a proposed violation trigger the provisions of this rule.
The rule specifically intends to exclude safety problems during the course of
construction which are traditionally the obligation of the contractor. There is
no intent here to create a liability for the architect in this area. Clause (c)
gives the architect the obligation to terminate services if the architect has
clearly lost professional control. The standard is that the architect
reasonably believes that other such decisions will be taken notwithstanding the
architect's objection.
4.4.5 An architect shall not deliberately
make a materially false statement or fail deliberately to disclose accurately
and completely a material fact requested in connection with the architect's
application for registration or renewal or otherwise lawfully requested by the
Board.
Commentary - The registration board which grants
registration or renews registration on the basis of a misrepresentation by the
applicant must have the power to revoke that registration.
4.4.6 A licensee shall make
no false or malicious statements which may have the effect, directly or
indirectly, or by implication, of injuring the personal or professional
reputation or business of another member of the profession.
4.4.7 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.
4.4.8 A licensee who has knowledge
or reasonable grounds for believing that another individual or another member
of the profession has violated any statute or rule regulating the practice of
architecture shall have the duty of presenting such information to the Board.
Failure to report such acts may result in disciplinary action by the Board.
Commentary - This rule has its analogue in the Code
of Professional Responsibility and/or Rules of Professional Conduct for
lawyers. Its thrust is consistent with the special responsibility which the
public expects from architects. The public expects that professions will be
guided in their conduct by a commonly accepted standard of conduct and that
architects will assume a primary role in ensuring ethical conduct by their
colleagues. This principle is the foundation of the requirements to report
violations found in Rule 4.4.8. An architect's accountability in this regard
extends to the actions of parties external to their practice and to their
practice colleagues.
4.4.9 For the purposes of these Rules of
Conduct, any registered architect who, alone or with others, is in charge of a
firm's architectural practice shall be deemed to have violated these rules if
the firm has violated these rules.
