N.H. Admin. Code § Arch 501.03

Current through Register No. 45, November 7, 2024

Section Arch 501.03 - Ethical Requirements For Architects

The licensed architect shall:

(a) Hold paramount the safety, health and welfare of the public;

(b) Perform his/her services only in areas of his/her competence;

(c) Issue statements only in an objective and truthful manner;

(d) Act for each employer or client as faithful agents or trustees;

(e) Not engage in deceptive acts;

(f) Conduct himself/herself honorably, responsibly, ethically, and lawfully so as to enhance the honor, reputation, and usefulness of the profession;

(g) Not affix his/her signature or seal to any plan or document dealing with subject matter for which he/she lacks competence by virtue of education or experience;

(h) Not affix his/her signature or seal to any plan or document not prepared under his/her direct supervisory control, however he/she may affix his/her seal and signature to drawings and documents depicting the work of 2 or more professionals provided he/she designates by a note under his/her seal the specific subject matter for which he/she is responsible;

(i)Exercise direct supervisory control, responsible charge which requires a licensee or employee to carry out all client contracts, provide internal and external financial control, oversee employee training and exercise control and supervision over all jobs requirements to include research, planning, design, field supervision and work product review; and

(j) When performing professional services, take into account all applicable state and municipal regulations;

(k) Compete for employment on the basis of professional qualification and competence to perform the work;

(l) Be objective and truthful in all professional reports, statements or testimony, and include all relevant and pertinent information in such reports, statements or testimony;

(m) When serving as an expert or technical witness before any court, commission, or other tribunal, express an expert 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 of his/her testimony;

(n) Issue no statements, criticisms, or arguments on architectural issues connected with public policy which are influenced or paid for by an interested party, or parties, unless he/she has prefaced his/her comment by explicitly identifying him/herself by disclosing the identities of the party or parties on whose behalf he/she is speaking, and by revealing the existence of any pecuniary interest he/she has in the instant matters;

(o) Not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of another architect;

(p) If he/ she believes that another licensed architect has committed misconduct or illegal practice, present such information to the board;

(q) Avoid conflicts of interest;

(r) Promptly inform his or her employer or client of any business associations, interests, or circumstances, which could influence his/her judgment, or the quality of his/her services;

(s) Not accept anything of value from more than one party for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties;

(t) Not solicit or accept financial or other valuable considerations from material or equipment suppliers for specifying their products;

(u) Not solicit or accept financial or other valuable considerations, directly or indirectly, from contractors, their agents, or other parties dealing with his/her client or employer in connection with work for which he/she is responsible;

(v) When in public service as a member, advisor, or employee of a governmental body, not participate in considerations or actions with respect to services provided by him/her or his/her organization in the private practice of the profession of architecture;

(w) Not solicit or accept an architectural contract from a governmental body on which a principal or officer of his/her organization serves as a member;

(x) Not attempt to supplant another architect in a particular employment after becoming aware that the other has been selected for employment;

(y) When serving in a public capacity, not accept payment or gifts which appear to or might influence his or her judgment;

(z) Not offer to pay, either directly or indirectly any commission, political contribution, gift or other consideration in order to secure work, exclusive of securing salaried positions thorough employment agencies;

(aa) Not solicit or submit proposals for professional services containing false, fraudulent, misleading, deceptive or unfair statement or claim regarding the cost, quality or extent of services to be rendered;

(ab) Not falsify or permit misrepresentation of his/her, or his/her associates' academic or professional qualifications, or misrepresent his/her degree of responsibility in or for the subject matter of prior assignments;

(ac) Not distribute brochures or other presentations incident to the solicitation of employment which misrepresents pertinent facts concerning employers, employees, associates, joint ventures, or his/her or their past accomplishments with the intent and purpose of enhancing his/her qualifications and his/her work;

(ad) Perform his/her services in an ethical and lawful manner;

(ae) Not knowingly associate with or permit the use of his/her name in a business venture by any person or firm which he/she knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(af) If, in the course of work on a project, the licensed architect becomes aware of a decision taken by their employer or client which violates any law or regulation and which will, in his or her judgment, materially affect adversely the safety to the public of the finished project he or she shall:

(1) Advise their employer or client against the decision;

(2) Refuse to consent to the decision; and

(3) Report the decision to the local building inspector or code enforcement official charged with the enforcement of the applicable law and regulations, unless the matter is satisfactorily resolved by other means.

(ag) If he/she has knowledge or reason to believe that another licensed architect might be in violation of any of these provisions or provisions of RSA 310-A, present such information to the board in writing and cooperate with the board in furnishing such further information or assistance as may be required by the board; and

(ah) Cooperate with investigations and requests for information from the board and the board's representatives.

N.H. Admin. Code § Arch 501.03

#3029, eff 5-28-85; ss by #4599, eff 4-13-89, EXPIRED: 4-13-95

New. #6153, eff 12-27-95; ss by #7944, eff 8-27-03; ss by #9097, eff 2-29-08

Amended by Volume XXXV Number 32, Filed August 13, 2015, Proposed by #10904, Effective 8/5/2015, Expires8/5/2025.