CHAPTER 10

 

PROFESSIONAL CONDUCT AND GROUNDS FOR ACTION

 

 

Section 1.Authority. The Board is authorized under Wyoming Statute 33-4-115 and the WAPA to promulgate rules and regulations related to the standards of the practice of architecture and landscape architecture.

 

Section 2.Grounds. In addition to the acts enumerated in W.S. 33-4-115, any violation of the rules of professional conduct in this Chapter or any violation of the incorporated codes of conduct and codes of professional ethics are grounds for discipline as allowed in this Act.

 

Section 3.Rules of Professional Conduct. The protection of the public health, safety, and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of persons whose activities are regulated by the Board.

 

(a)In addition to the conduct outlined below, architects shall adhere to the NCARB Rules of Conduct and landscape architects shall adhere to ASLA Code of Professional Ethics as adopted by reference in Chapter 1.

 

(b)Competence.

 

(i)In engaging in the practice of architecture or landscape architecture, a licensee shall act with reasonable care and competence and shall apply the technical knowledge and skill that are ordinarily applied by licensed architects or landscape architects of good standing practicing in the same locality.

 

(ii)In designing a project, a licensee shall take into account all applicable state and municipal building laws and regulations. While a licensee 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, a licensee shall not knowingly design a project in violation of such laws and regulations.

 

(iii)A licensee shall undertake to perform professional services only when he or she, together with those whom the licensee may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.

 

(iv)No licensee shall be permitted to engage in the practice of architecture or landscape architecture if, in the Board's judgment, such individual's professional competence is substantially impaired by physical or mental disabilities.

 

(c)Conflict of Interest.

 

(i)A licensee shall not accept compensation for his or her services from more than one (1) party on a project unless the circumstances are fully disclosed and agreed to by all interested parties. The disclosure and agreement shall be in writing.

 

(ii)If a licensee has any business association or direct or indirect financial interest substantial enough to influence his or her judgment in connection with his or her performance of professional services, the licensee shall fully disclose, in writing, to his or 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 licensee shall either terminate such association or interest or offer to give up the commission or employment.

 

(iii)A licensee shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.

 

(iv)When acting as the interpreter of building contract documents and the judge of contract performance, a licensee shall render decisions impartially, favoring neither party to the contract.

 

(v)A licensee in a position of public trust shall not use this position to influence any public employees or the general public. Nor should any personal knowledge of confidential information gained through such service be used for personal or professional gain.

 

(d)Full Disclosure.

 

(i)A licensee, making public statements on architectural or landscape architectural questions, shall disclose when he or she is being compensated for making such statements.

 

(ii)A licensee 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.

 

(iii)If, in the course of his or her work on a project, a licensee becomes aware of a decision taken by his or her employer or client, against such licensee's advice, which violates applicable state or municipal building laws and regulations and which will, in the licensee's judgment materially and adversely affect the safety to the public of the finished project, the licensee 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 where the licensee reasonably believes that other such decisions will be taken, not withstanding his or her objection, terminate his or her services with respect to the project. In the case of a termination in accordance with this sub-section (C), the licensee shall have no liability to his or her client or employer on account of such termination.

 

(iv)A licensee 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 licensure or renewal thereof.

 

(v)A licensee shall not assist the application for licensure of an individual known by the licensee to be unqualified in respect to education, training, experience or character.

 

(vi)A licensee possessing knowledge of a violation of the provisions set forth in the Act and these Rules by another licensee shall report such knowledge to the Board.

 

(e)Compliance with Laws.

 

(i)A licensee shall not, in the conduct of his or her practice, knowingly violate any state or federal criminal law.

 

(ii)A licensee shall neither offer nor make any payment of 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 licensee is interested.

 

(iii)A licensee shall comply with the laws and regulations governing his or her professional practice in any United States jurisdiction.

 

(f)Professional Conduct.

 

(i)A licensee shall prefer the client's interest over the licensee's interests and, when the issues are clear, the public's interest over both.

 

(ii)A licensee shall not sign or seal drawings, specifications, reports, or other professional work that were not prepared under his or her responsible control. When the licensee uses a licensed consultant or licensed employee, the licensee may sign or seal those portions of the professional work if the licensee has reviewed and coordinated their preparation.

(iii)A licensee shall neither offer nor make any 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 connection with a project in which the licensee is interested.

 

(iv)A licensee shall not engage in conduct involving fraud or wanton disregard of the rights of others.