Section 4.01 - Rules of Professional ConductAn architect shall conform to the rules set forth in 231 CMR 4.00 and with the laws governing the practice of architecture. Departure therefrom by act or omission shall be deemed to constitute misconduct warranting disciplinary action by the Board. Such disciplinary actions shall be reported to NCARB for publication to other jurisdictions.
(1)Competence.(a) In practicing architecture, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality.(b) In designing a project, an architect shall take into account all applicable state and municipal 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 regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulations.(c) An architect shall undertake to perform professional services only when he or she, together with those whom the architect may engage as consultants, are qualified by education, training, and examination in the specific technical areas involved.(d) No person shall be permitted to practice architecture if, in the Board's judgment, such person's professional competence is substantially impaired by physical or mental disabilities.(2)Conflict of Interest.(a) An architect shall not accept compensation for his or her services from more than one party on a project unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be in writing) by all interested parties.(b) If an architect has any business association or direct or indirect financial interest which is substantial enough to influence his or her judgment in connection with his or her performance of professional services, the architect shall fully disclose in writing to his or her client or employer the nature of the business association or financial interest, and if the client or employer objects to such association or financial interest, the architect will either terminate such association or interest or offer to give up the commission or employment.(c) An architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.(d) When acting as the interpreter of building contract documents and judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.(3)Full Disclosure.(a) An architect, making public statements on architectural questions, shall disclose when he or she is being compensated for making such statement.(b) An architect shall accurately represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with work for which he or she is claiming credit.(c) If, in the course of his or her work on a project, an architect becomes aware of a decision taken by his or her employer or client, against the architect's advice, which violates applicable state or municipal building laws or regulations and which will, in the architect's judgment, materially affect adversely the safety to the public of the finished project, the architect shall:1. report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations,2. refuse to consent to the decision, and3. in circumstances where the architect reasonably believes that other such decisions will be taken notwithstanding his or her objection, terminate his or her services with reference to the project.In the case of a termination in accordance with 231 CMR 4.01(3)(c) the architect shall have no liability to his or her client or employer on account of such termination.
(d) An architect shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with his or her application for registration or renewal.(e) 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.(f) An architect possessing knowledge of a violation of 231 CMR 4.00 by another architect shall report such knowledge to the Board.(4)Compliance With Laws.(a) An architect shall not, in the conduct of his or her architectural practice, knowingly violate any state or federal law.(b) An architect shall neither offer nor make any payment or gift 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.(c) An architect shall comply with the registration laws and regulations governing his or her professional practice in any United States or Canadian jurisdiction.(5)Professional Conduct.(a) A registered architect may sign and seal technical submissions only if:1. The technical submissions in question were personally prepared by the signing and sealing architect himself or herself; or2. The technical submissions in question were prepared by another architect who is duly registered in Massachusetts, or by another design professional duly licensed or registered as such in Massachusetts, and the signing and sealing architect has reviewed the work and either coordinated the preparation of that work or integrated that work into his or her own technical submissions; or3. The technical submissions in question were prepared by another person under the responsible control of the signing and sealing architect.For purposes of 231 CMR 4.01(5)(a)2. the phrase "another design professional" means a person who is duly registered or licensed in the Commonwealth of Massachusetts as a professional engineer, registered land surveyor, registered landscape architect, licensed plumber, or licensed electrician.
(b) A registered architect shall be deemed to have exercised responsible control over the preparation of technical submissions for purposes of 231 CMR 4.01(5)(a)3. if:1. The technical submissions in question were prepared in the office where the signing and sealing architect is regularly employed; or2. The technical submissions in question were prepared at a location other than the office where the signing and sealing architect is regularly employed, but the signing and sealing architect maintains adequate and complete written records which demonstrate that he or she possesses detailed knowledge of the content of those technical submissions and exercised sufficient control over those submissions throughout their preparation.(c) A registered architect may also sign and seal drawings, specifications or other work which is not required by law to be prepared by an architect, if the signing and sealing architect has reviewed such work and has integrated it into his or her own technical submissions.(d) Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others shall not be sufficient, in and of itself, to constitute the exercise of responsible control over the preparation of those technical submissions.(e) An architect shall neither offer nor make any gifts, other than gifts of nominal value, with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the architect is interested. For purposes of 231 CMR 4.01(5)(e), reasonable expenditures for entertainment or hospitality shall be considered gifts of nominal value.(f) An architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.(g) Suspension, revocation or cancellation of an architect's certification by the National Council of Architectural Registration Boards shall, in and of itself, constitute sufficient grounds for disciplinary action by the Board.(6) An architect may advertise so long as the advertisement is not false, deceptive or misleading.