La. Admin. Code tit. 46 § I-1901
Current through Register Vol. 50, No. 11, November 20, 2024
Section I-1901 - Rules of ConductA. Competence 1. In practicing architecture, an architects primary duty is to protect the publics health, safety, and welfare. In discharging this duty, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill ordinarily applied by architects in good standing, practicing in the same locality. COMMENTARY This rule is based on the common law "standard of care" that has been accepted by courts in this country for over 100 years in judging the performance of architects.
2. In designing a project, an architect shall take into account the applicable federal, state, and local building laws and regulations. While an architect may rely on the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such laws and regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulations.3. An architect shall perform professional services only when the architect, together with those whom the architect may engage has the necessary knowledge and skill in the specific technical areas involved. 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 of his or her own capacity and knowledge. Where an architect lacks experience, the rule supposes that he or she will retain consultants who can appropriately supplement his or her own capacity. If an architect undertakes to do a project where he or she lacks knowledge and where he or she does not seek such supplementing consultants, the architect has violated the rule.
4. An architect shall not be permitted to practice architecture if, in the board's judgment, the architects professional competence is substantially impaired. The assessment of impairment should be performed by an appropriately qualified professional. COMMENTARY This rule empowers the board to act preemptively in the interest of public health, safety, and welfare when the board becomes concerned that an architects competence may be impaired, rather than waiting until the impaired competence causes harm.
B. Conflict of Interest 1. An architect shall not accept compensation in connection with services from more than one party on a project unless the circumstances are fully disclosed and waived in writing by all parties. COMMENTARY This rule recognizes that in some circumstances an architect may receive compensation from more than one party involved in a project but that such bifurcated loyalty is unacceptable unless all parties have understood it and accepted it.
2. An architect shall not solicit or accept compensation from material or equipment suppliers for specifying or endorsing their products in connection with a project. As used herein, "compensation" shall mean customary and reasonable business hospitality, entertainment, or product education. COMMENTARY Unlike Rule B.1, this rule does not provide for waiver by agreement. Customary and reasonable business hospitality, entertainment, and product education may be determined by jurisdictional ethics laws, company policies, and tax guidelines. In Louisiana, a Code of Governmental Ethics is found at La. R.S. 42:1101 et seq.
3. An architect shall not perform professional services in the face of a conflict of interest that is not fully disclosed and waived in writing by all parties. An architect has a conflict of interest when: a. the architect has or may acquire a financial or other interest in the project, someone participating in it, or any component of it; orb. the architects judgment may be adversely affected by a relationship with another party.4. An architect, when acting by agreement of the parties as the independent interpreter of building contract documents or as the judge of contract performance, shall render decisions impartially. COMMENTARY This rule governs the construction industry relationship where the architect is to act impartially as the interpreter of building contract documents and/or the judge of contract performance, even though paid by the owner. The rule recognizes that these roles are not inevitable and that there may be circumstances (for example, where the architect has an interest in the owning entity) in which the architect may appropriately decline to act in either of these two roles.
5. An architect serving as an AXP Supervisor for a candidate for licensure shall not have, nor enter into, any relationship with the candidate that would interfere with the objectivity of the AXP Supervisors certification of the candidates experience. COMMENTARY AXP Supervisors should balance their duty to protect the public with their role in licensure candidate development. Balancing these duties make the AXP Supervisors objectivity critical.
C. Full Disclosure 1. An architect shall not make statements that are misleading, deceptive, or false.2. An architect making public statements on architectural matters shall disclose if the architect is being compensated for making such statements or has an economic interest in the issue.3. An architect shall not misrepresent the architects qualifications, capabilities, and experience or that of the architects firm.4. An architect shall not misrepresent or overstate the scope of the architects responsibility in connection with work for which the architect or the architects firm is claiming credit. COMMENTARY Brochures or other presentations incidental to the solicitation of employment shall not misrepresent pertinent facts concerning employer, employees, associates joint ventures, or his/her or their past accomplishments with the intent and purpose of enhancing his/her qualifications or his/her work.
5.a. If, in the course of an architects work on a project, the architect becomes aware of a decision made by the architects employer or client, against the architect's advice, which violates applicable federal, state, or local building laws and regulations and which will, in the architect's judgment, materially and adversely affect adversely the health and safety of the public, the architect shall: i. refuse to consent to the decision, and ii. report the decision to the official charged with enforcement of building laws and regulations,iii. in circumstances where the architect reasonably believes that other such decisions will be taken notwithstanding the architects objection, terminate the provision of services with reference to the project unless the architect is able to cause the matter to be resolved by other means.b. In the case of a termination in accordance with §1901.C.5.a iii, the architect shall have no liability to his or her client or employer on account of such termination. COMMENTARY In the circumstances described, the architect is compelled to report the matter to the appropriate building official even though to do so may adversely affect the clients interests. The rule specifically intends to exclude matters of safety during the course of construction that are the obligation of the contractor.
6. An architect shall not make a false statement or fail to disclose accurately and completely a material fact lawfully requested by the board in connection with the architects application for licensure or renewal.7. An architect shall not knowingly sign any verification document related to licensure that contains false or misleading information and shall not assist in the application for licensure of a person known by the architect to be unqualified.8. An architect possessing knowledge of a licensure candidates qualifications for licensure shall cooperate with the candidate, the board, and/or NCARB by responding appropriately and in a timely manner regarding those qualifications.9. An architect possessing knowledge of a violation of the jurisdictions laws or rules governing the practice of architecture by another shall report such knowledge to the board. It is the professional duty of the architect to do so.D. Compliance with Laws 1. An architect shall not violate the law of the United States or any U.S. jurisdiction that in any material way relates to the conduct of the architects practice.2. An architect shall not engage in conduct involving fraud or deliberate disregard of the rights of others.3. An architect shall comply with the licensing laws and regulations governing the architects professional practice in any U. S. jurisdiction. An architect may be subject to disciplinary action if the architect is disciplined in any other U.S. jurisdiction.4. An architect shall neither offer nor make any payment or gift with the intent of influencing an officials judgment in connection with a prospective or existing project in which the architect is interested.5. An employer engaged in the practice of architecture found by a court or administrative tribunal to have violated the law of the United States or any U.S. jurisdiction protecting the rights of persons working for the employer, such as those pertaining to harassment, discrimination, and unfair competition, shall be subject to discipline.E. Sealing Documents 1. An architect shall seal only those technical submissions that were prepared under the architects responsible control except as noted in Rules E.2 and E.3 below.2. An architect of record may seal technical submissions not required by law to be prepared by an architect including information supplied by manufacturers, suppliers, installers, or contractors, when that information is intended to be incorporated into the architect of records technical submissions and the architect of record has reviewed such information and can reasonably trust its accuracy.3. An architect of record may seal prototypical building documents prepared by an architect licensed in any U.S. jurisdiction, but only if the architect of record determines that such documents are in compliance with the requirements of the projects jurisdiction and incorporates them into the architect of records own technical submissions.La. Admin. Code tit. 46, § I-1901
Promulgated by the Office of the Governor, Board of Architectural Examiners, LR 29:572 (April 2003), amended LR 31:3159 (December 2005), Amended LR 45754 (6/1/2019).AUTHORITY NOTE: Promulgated in accordance with R.S. 37:144-45.