30 Miss. Code. R. 201-4.1
Commentary - Although many of the existing rules of conduct fail to mention standards of competence, it is clear that the public expects that incompetence will be disciplined and, where appropriate, will result in revocation of the license. Rule 4.1.1 sets forth the common-law standard of care which has existed in this country for a hundred years or more in judging the performance of architects as well as certain other professionals.
Commentary - It should be noted that the rule is limited to applicable federal, state and local building laws and regulations. Every major project being built in the United States is subject to a multitude of laws, in addition to the applicable building laws and regulations. As to these other laws, it may be negligent of the architect to have failed to take them into account, but the Rule does not make the architect specifically responsible for such other laws. Even the building laws and regulations are of sufficient complexity that the architect may be required to seek the interpretation of other professionals. The rule permits the architect to rely on the advice of other such professionals.
Commentary - While an architect is licensed to undertake any project which falls within the definition of the practice of architecture, as a professional, the architect must understand and be limited by the limitations on the architect's own education, training and experience. Where an architect lacks the necessary experience for a particular project, e.g. a multi-story hospital, the rule supposes the architect will retain consultants who can appropriately supplement the architect's own experience. If an architect undertakes to do a project where the architect lacks the requisite education, training and experience and does not seek supplementing consultants, the architect has violated the rule.
Commentary - Here the Board is given the opportunity to revoke or suspend a license when the Board has suitable evidence that the license holder's professional competence is impaired by physical or mental disabilities. Thus, the Board need not wait until a building fails in order to revoke the license of an architect whose addiction to alcohol, for example, makes it impossible for the architect to perform the architect's professional services with the necessary standard of care.
Comment: Miss. Code Ann. § 73-1-39 exempts certain projects from requiring an architect, e.g., any building containing less than 5,000 square feet and is less than three stories in height. In most instances, unlicensed individuals preparing plans and specifications for buildings meeting this exemption are not under the jurisdiction of the Board and are not held to the same standard of care as an architect. However, an architect is held to the professional standard of care and that standard of care is not diminished by the fact the building may fall under one of the exemptions in Miss. Code Ann. § 73-1-39. Accordingly, regardless of the type, size or dollar value of the project, a Mississippi licensed architect will follow all laws, rules and regulations governing the practice of architecture in the State of Mississippi including, but not limited to, those applicable to responsible control, use of the architect's seal, prototypical documents and construction administration.
30 Miss. Code. R. 201-4.1