Ill. Admin. Code tit. 68 § 1150.90

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1150.90 - Standards of Professional Conduct

In order to safeguard life, health and property, to promote the public welfare, and to establish and maintain a high standard of integrity in the practice of architecture, the following Standards of Professional Conduct shall be binding on every person applying for or holding a license as an architect and on all partnerships and corporations authorized to practice architecture in this State.

a) Competence

1) An architect shall undertake to perform professional services only when the architect, together with those whom the architect may engage as consultants, are qualified by education and training in the specific technical areas involved.

2) An architect engaging in the practice of architecture shall act with reasonable care and competence, and shall apply the technical knowledge and skill that are ordinarily applied by licensed architects of good standing, practicing in the same locality.

3) An architect in designing a project shall take into account all applicable State and municipal building laws and regulations (e.g., the Illinois Environmental Barriers Act [225 ILCS 75 ]). While an architect may rely on the advice of other professionals, attorneys, engineers and other qualified persons (i.e., building code officials, authorized governmental officials) as to the intent and meaning of the regulations, once having obtained the advice, an architect shall not knowingly design a project in violation of those laws and regulations.

b) Conflict of Interest

1) An architect shall not accept compensation for his/her services from more than one party on a project unless the circumstances are fully disclosed and agreed to in writing by all interested parties.

2) If an architect has any business association or direct or indirect financial interest that is substantial enough to influence the architect's judgment in connection with the architect's performance of professional services, the architect shall fully disclose in writing to the architect's client or employer the nature of the business association or financial interest, and if the client or employer objects to that association or interest, the architect will either terminate the association or interest or offer to give up the commission or employment.

3) An architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.

4) When acting as the interpreter of building contract documents and the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.

c) Full Disclosure

1) An architect, making public statements on architectural questions, shall disclose when he/she is being compensated for making those statements.

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.

3) 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, that violates applicable State or municipal building laws and regulations and that 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 the enforcement of the applicable State or municipal building laws and regulations;

B) Refuse to consent to the decision; and

C) In circumstances in which the architect reasonably believes that other such decisions will be taken, notwithstanding his or her objection, terminate the architect's services with respect to the project. In the case of a termination in accordance with this clause, the architect shall have no liability to the architect's client or employer on account of the termination.

d) Compliance with Laws

1) An architect shall not, in the conduct of his/her architectural practice, knowingly violate any state or federal criminal law of a state or territory of the U.S.

2) An architect shall comply with the licensing and registration laws and regulations governing architectural practice in any state or territory of the U.S. in which the architect is practicing or offering to practice architecture.

3) 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.

4) An architect shall not knowingly make a materially false statement or fail deliberately to disclose a material fact requested in connection with his or her application for a license or renewal thereof.

5) An architect shall not assist the application for a license of an individual known by the architect to be unqualified in respect to education, training or character.

6) An architect possessing knowledge of a violation of the provisions set forth in Sections 22, 23 and 23.5 of the Act by another architect shall report that knowledge to the Division.

e) Professional Conduct

1) An architect shall not sign or seal drawings, specifications, reports or other professional work for which the architect has not exercised responsible control as set forth in Section 14 of the Act; provided, however, that in the case of the portions of the professional work prepared by the architect's consultants, licensed under another professional licensure law of this jurisdiction, the architect may sign and seal that portion of the professional work if the architect has reviewed the portion, has coordinated its preparation and intends to be responsible for its adequacy pursuant to Section 14(2) of the Act. The signing and sealing of the work of a consultant by the architect does not exempt the consultant from signing and sealing professional work prepared by the consultant as required by the Act or by another licensure law of this jurisdiction.

2) When an architect signs and seals technical submissions not prepared by the architect, but prepared under the architect's responsible control by persons not regularly employed in the office where the architect is resident, those persons shall meet the requirements for licensure as an architect and professional design firm registration to offer or provide architectural services as set forth in the Act and this Part.

3) In the event of the death or incapacity of the architect, a subsequent architect may utilize the drawings, specifications, reports or other professional work produced by the deceased or incapacitated architect, after independent review, in order to complete the project.

4) An architect shall neither offer nor make any payment or gift, other than gifts of nominal value (including, but not necessarily limited to reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client in connection with a project in which the architect is interested.

5) An architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.

Ill. Admin. Code tit. 68, § 1150.90

Amended at 33 Ill. Reg. 11477, effective July 22, 2009