Md. Code Regs. 09.21.02.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.21.02.01 - Rules of Conduct

A. Competence.

(1) In practicing architecture, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skills which are ordinarily applied by architects of good standing, practicing in the same locality.

(2) 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 attorneys, engineers, and other qualified individuals as to the intent and meaning of those regulations, once having obtained this advice, an architect may not knowingly design a project in violation of those laws and regulations.

(3) 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, training, and experience in the specific technical areas involved.

(4) An individual may not practice architecture if, in the Board's judgment, the individual's professional competence is substantially impaired by physical or mental disabilities.

B. Conflict of Interest.

(1) An architect may not accept compensation for 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 a business association or direct or indirect financial interest which 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. If the client or employer objects to the association or financial interest, the architect shall either terminate the association or interest, or offer to give up the commission or employment.

(3) An architect may 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, not favoring either party to the contract.

C. Full Disclosure.

(1) An architect, making public statements on architectural questions, shall disclose when the architect is being compensated for making the statement.

(2) An architect shall accurately represent to a prospective or existing client or employer the scope of 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, which violates applicable State, county, or municipal building laws and regulations and which will, in the architect's judgment, materially affect adversely 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, county, or municipal building laws and regulations;

(b) Refuse to consent to the decision; and

(c) In circumstances when the architect reasonably believes that other decisions will be taken notwithstanding the objection, terminate the services with reference to the project.

(4) In the case of a termination in accordance with §C(3)(c) of this regulation, the architect has no liability to the architect's client on account of the termination.

(5) An architect may not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with the architect's application for licensure or renewal of licensure.

D. Compliance with Laws.

(1) In the conduct of architectural practice, an architect may not knowingly violate any State or federal criminal laws.

(2) An architect shall comply with the licensing laws and regulations governing architectural professional practice in this or other jurisdictions in which the architect practices architecture.

E. Professional Conduct.

(1) An architect may not either offer or 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.

(2) An architect may not either offer or make any gifts, other than gifts of nominal value, including, for example, reasonable entertainment and hospitality, with the intent of influencing the judgment of an existing prospective client in connection with a project in which the architect is interested.

(3) An architect may not engage in conduct involving fraud or wanton disregard of the rights of others.

(4) An architect may not assist the application for licensure of a person known by the architect to be unqualified in respect to education, training, experience, or character.

(5) An architect possessing knowledge of a violation of these regulations by another architect shall report this knowledge to the Board.

F. Failure to Respond.

(1) If an applicant or licensee receives from the Board a written communication requesting a response, the applicant or licensee shall respond within 30 days of the date of mailing.

(2) The Board shall send a written communication by first-class mail to the last known address furnished to the Board by the applicant or licensee.

(3) It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in the applicant's or licensee's address.

(4) Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, § 3-311(a)(l)(iv), Annotated Code of Maryland.

Md. Code Regs. 09.21.02.01

Regulations .01 recodified from COMAR 09.21.01.05B effective September 1, 2003 (30:17 Md. R. 1203)
Regulation .01F adopted effective June 15, 2009 (36:12 Md. R. 836); amended effective 46:4 Md. R. 190, eff. 2/25/2019