435 R.I. Code R. 435-RICR-00-00-1.8

Current through December 26, 2024

Section 435-RICR-00-00-1.8 - Professional Standards and Conduct

A. Preamble

1. In accordance with R.I. Gen. Laws § 5-8.1-1, et seq., the Board hereby adopts the following "Rules of Professional Conduct" as a Code of Ethics, which shall apply to all persons or entities registered under R.I Gen. Laws § 5-8.1-1, et seq.

2. All persons or entities registered under R.I. Gen. Laws § 5-8.1-1, et seq. are charged with having knowledge of the existence of these Rules of Professional Conduct, and shall be deemed to be familiar with their provisions. Each registrant is charged with the responsibility of adhering to standards of high ethical, moral and professional conduct in all aspects of the Practice of Land Surveying.

3. In these Rules of Professional Conduct, the word "registrant" shall mean any person or Entity holding either a registration or a COA issued by this Board to practice land surveying.

B. Fundamental Canons. Registrants, in the fulfillment of their professional duties, shall abide by the following fundamental canons:

1. Duty to the Public. Registrants shall at all times recognize that their primary obligation is to protect life, health, and property, and to promote the public welfare. If their professional judgment is overruled under circumstances where life, health, and public welfare are endangered, they shall notify their employer or client and such other authority as may be appropriate. Registrants shall be objective and truthful in professional reports, statements or testimony. They shall include all relevant and pertinent information in such reports, statements or testimony.

2. In engaging in the Practice of Land Surveying, a registrant shall act with reasonable care and competence, and shall apply the technical knowledge and skill which are ordinarily applied by Professional Land Surveyors of good standing, practicing in the same locality.

3. Registrants may express publicly a professional opinion on technical subjects only when that opinion is founded upon adequate knowledge of the facts and competence in the subject matter.

4. Registrants shall avoid improper solicitation of professional employment.

5. A registrant shall comply with the registration laws and regulations governing his or her professional practice in any jurisdiction. A registrant may be subject to disciplinary action if, based on grounds substantially similar to those which may form the basis for disciplinary action in this jurisdiction, the Professional Land Surveyor was disciplined in any other jurisdiction.

C. Use of Seal

1. Registrants shall approve, seal and certify only those plats, documents, and reports that conform to current land surveying standards adopted by this Board, which safeguard life, health, and property, and to promote the public welfare.

2. The application of a Professional Land Surveyor's seal shall indicate that the registrant has exercised direct control and personal supervision over the work to which the seal is affixed. Therefore, no registrant shall affix a name, seal, or certification to a plat, drawing, specification, design, or other work constituting the Practice of Land Surveying which has been prepared by an unregistered or uncertified person or firm unless such work was performed under the direct control and supervision of the Professional Land Surveyor.

3. A Registrant shall apply a seal to final and complete plans, drawings, plats, reports, designs, and specifications, prepared by him/her. All seal imprints on final documents shall also bear a signature and date.

4. Uncompleted or preliminary documents shall be clearly marked and identified as such and need not be sealed or signed.

5. Application of the seal and signature indicates acceptance of responsibility by the registrant sealing said documents for all work shown thereon unless clearly indicated in writing on each sheet.

6. The failure to conform to the above requirements shall constitute the failure to seal a document.

D. Duty to Avoid Conflicts of Interest

1. Registrants shall act in professional matters for each employer or client as faithful agents or trustees, and shall avoid conflicts of interest.

2. Registrants shall disclose all known potential conflicts of interest to their employers or clients by promptly informing them of any business association, interest, or other circumstances which could influence their judgment or the quality of their services.

3. Registrants shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties.

4. Registrants in public service as members, advisors or employees of a governmental body or department shall not participate in decisions with respect to professional services solicited or provided by them to their organizations.

5. Except upon public disclosure of all pertinent facts and circumstances and consent of appropriate authority, registrants shall neither solicit nor accept a professional contract from a governmental body on which a Principal or officer of their organization serves as a member.

6. Registrants shall not falsify or permit misrepresentation of their, or their associate's, academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments with the intent and purpose of enhancing their qualifications and their work.

7. Registrants shall not offer, give, solicit, or receive, either directly or indirectly, any commission, gift, or other valuable consideration in order to secure work, and shall not make any political contribution in an amount intended to influence the award of a contract.

8. Registrants shall issue no statements, criticisms, or arguments on technical matters which are inspired or paid for by interested parties, unless the Registrants have prefaced their comments by explicitly identifying the interested parties on whose behalf they are speaking, and by revealing the existence of any interest the Registrants may have in the matters.

E. Other Ethical Proscriptions. It shall be considered unprofessional for a Professional Land Surveyor:

1. To act for his or her client or employer in professional matters other than as a faithful agent or trustee.

2. To injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice, or employment of other Registrants, nor indiscriminately criticize other registrants' work, nor issue statements regarding the practice or works of other Registrants, public or otherwise, which could reasonably be construed to harm the reputation or business prospects of another registrant excepting therefrom any obligation of a Registrant to report misconduct when required hereunder or when otherwise required by applicable law, code or regulation.

3. To attempt to supplant another Professional Land Surveyor or professional service provider after that professional's services have been retained.

4. To advertise in self-laudatory language or other manner derogatory to the dignity of the profession.

5. To attempt to circumvent Rhode Island General Laws by reviewing and stamping plans when not the Professional Land Surveyor in direct "responsible charge" as defined by law.

6. To assist in filing an application for a COA by appearing as the Professional Land Surveyor in "Responsible Charge" when he or she does not meet the requirements for "Responsible Charge."

7. To review or continue the work of another surveyor for the same client or subsequent client except by notifying such surveyor in writing. In cases where it is explicitly clear that the surveyor has been terminated and notified by his or her client, the provisions of this paragraph are exempted.

8. To review or continue the work of another surveyor for the same client or subsequent client when fees remain outstanding except by notifying such surveyor and the client in writing.

9. To Stamp or modify another surveyor's plans without his or her prior written consent or without specifying the nature and the extent of the revisions. All revisions, additions, and deletions are to be duly noted and characterized upon or within the report, document or plan, and shall be consistent will all other precepts regarding "Responsible Charge" contained in this Regulation.

10. To willfully and knowingly violate the provisions of R.I. Gen. Laws § 5-8.1-1, et seq. or to assist any person or Entity seeking to do so.

435 R.I. Code R. 435-RICR-00-00-1.8