415 R.I. Code R. 415-RICR-00-00-1.12

Current through December 26, 2024

Section 415-RICR-00-00-1.12 - Professional Standards

A. Competence

1. In engaging in the practice of architecture, a registered architect's primary duty is to protect the public's health, safety, and welfare. In discharging this duty, a registered architect shall act with reasonable care and competence and shall apply the technical knowledge and skill which are ordinarily applied by architects of good standing practicing in the same locality.

2. In designing a project, a registered architect shall consider all applicable State and municipal building laws and Regulations. While a registered 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, a registered architect shall not knowingly design a project in violation of such laws and Regulations.

3. A registered architect shall undertake to perform professional services only when he/she, together with those whom the registered architect may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.

4. No individual shall be permitted to engage in the practice of architecture if, following opportunity for a hearing, findings are made that such an individual's professional competence is, despite reasonable accommodations, substantially impaired by physical or mental disabilities.

B. Conflict of Interest

1. A registered architect shall not accept compensation in connection with his/her services from more than one (1) party on a project, unless the circumstances have been agreed to by all interested parties in writing following written disclosure to all parties.

2. If a registered architect has any business association or direct or indirect financial interest which is substantial enough to influence his/her judgment in connection with the performance of professional services, the registered architect shall fully disclose in writing to his/her client or employer the nature of the business association or financial interest. If the client or employer objects to such association or financial interest, the registered architect will either terminate such association or interest or offer to give up the commission or employment.

3. A registered architect shall not solicit or accept compensation from material or equipment suppliers in connection with specifying or endorsing their products. As used herein, "compensation" shall not mean customary and reasonable business hospitality, entertainment, or product education.

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

C. Full Disclosure

1. A registered architect making public statements on architectural questions shall disclose when he/she is being compensated for making such statements or when he/she has an economic interest in the issue.

2. A registered architect shall accurately represent to a prospective or existing client or employer his/her qualifications and the scope of his/her responsibility in connection with work for which he/she is claiming credit.

3. If, in the course of his/her work on a project, a registered architect becomes aware of a decision taken by his/her employer or client against such architect's advice that violates applicable state or municipal building laws and Regulations and which will, in the registered architect's judgment, materially and adversely affect the safety to the public, 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;

b. Refuse to consent to the decision; and

c. In circumstances where the registered architect reasonably believes that other such decisions will be taken notwithstanding his/her objection, terminate his/her services with respect to the project unless the registered architect is able to cause the matter to be resolved by other means. In the case of a termination in accordance with § 1.12(C)(3)(c) of this Part, the registered architect shall have no liability to his/her client or employer on account of such termination.

4. A registered architect shall not deliberately make a materially false statement or fail deliberately to disclose accurately and completely a material fact requested in connection with his/her application for a registration or renewal thereof or otherwise lawfully requested by the Board.

5. A registered architect shall not assist the application for registration of an individual known by the registered architect to be unqualified in respect to education, training, experience or character.

6. A registered architect possessing knowledge of a violation of the provisions of § 1.12 of this Part by another registered architect shall report such knowledge to the Board.

D. Compliance with Laws

1. A registered architect shall not, in the conduct of his/her practice, knowingly violate any State or Federal criminal law.

2. 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 registered architect is interested.

3. A registered architect shall comply with the registration laws and Regulations governing his/her professional practice in any United States jurisdiction. An architect may be subject to disciplinary action if, based on grounds substantially similar to those which would lead to disciplinary action in this jurisdiction, the architect was disciplined in any other United States jurisdiction.

4. An employer engaged in the practice of architecture shall not have be found by a court or an administrative tribunal to have violated any applicable Federal or State law protecting the rights of persons working for the employer with respect to fair labor standards or with respect to maintaining a workplace free of discrimination. For purposes of this Rule, any registered architect employed by a firm engaged in the practice of architecture who is in charge of the firm's architectural practice, either alone or with other architects, shall be deemed to have violated this Rule if the firm has violated this Rule.

E. Professional Conduct

1. Each office in Rhode Island engaged in the practice of architecture shall have an architect resident and regularly employed in that office.

2. The signature and use of the seal shall mean that the registered architect sealing the submission was in responsible control over the content of such technical submissions during their preparation and has applied the required professional standard of care. A registered architect may sign and seal technical submissions only if the technical submissions were:

a. Prepared by such architect;

b. Prepared by persons under such architect's responsible control;

c. Prepared by another registered architect if the signing and sealing architect has reviewed the other architect's work and either has coordinated the preparation of the work or has integrated the work into his/her own technical submissions; or

d. Prepared by another architect registered in any United States jurisdiction and holding a current and valid certification issued by NCARB, provided that the technical submissions are prototypical building documents the signing and sealing architect has reviewed the other architect's work and has integrated the work into his/her own technical submissions.

3. A registered architect may also sign or seal drawings, specifications, or other work which is not required by law to be prepared by an architect if the architect has reviewed such work and has integrated it into his/her own technical submissions.

4. Any registered architect signing or sealing technical submissions not prepared by that architect but prepared under the architect's responsible control by persons not regularly employed in the office where the architect is resident, shall maintain and make available to the Board upon request for at least five (5) years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the architect's control over and detailed knowledge of such technical submissions throughout their preparation.

5. Any registered architect signing and sealing technical submissions integrating the work of another architect into the registered architect's own work as permitted under §§ 1.12(E)(2)(c) and (d) of this Part shall maintain and make available to the Board upon request for at least five (5) years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the registered architect's review of and integration of the work of such other architect's work into his/her own technical submissions, and that such review and integration met the required professional standard of care.

6. A registered architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.

7. A registered architect shall not make misleading, deceptive or false statements or claims to the public in the course of providing or offering to provide architectural services or to the Board.

8. A registered architect shall neither offer nor 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 or prospective client in conjunction with a project in which the registered architect is interested.

415 R.I. Code R. 415-RICR-00-00-1.12

Amended effective 6/8/2021