Chapter 50-8 STANDARDS OF CONDUCT - ARCHITECTS
Under the authority granted by the O.C.G.A. T. 43, Ch. 4, and
O.C.G.A. Section
43-1-19,
the Georgia State Board of Architects and Interior Designers ("Board") shall
have the power to reprimand, cancel, suspend, revoke, or otherwise restrict any
license or permit issued by the Board. The specific grounds for disciplinary
action are found in O.C. G.A. Section
43-1-19
and O.C.G.A. T. 43, Ch. 4. The Board shall have such duty, power, and authority
as may be necessary to enforce O.C.G.A. T. 43, Ch. 4, and any rules promulgated
by the Board pursuant thereto.
O.C.G.A. §§ 43-1-19
and
43-4-13
authorize the Board to take disciplinary action against licensees for
unprofessional conduct. "Unprofessional conduct" shall include, but is not
limited to, the following:
| (1) |
Failure
of an architect to act with reasonable care and competence in the practice of
architecture; |
| (2) |
Failure of an
architect to apply the technical knowledge and skill ordinarily applied by
architects of good standing; |
| (3) |
Failure of an architect to take into account all applicable state and municipal
building laws and regulations. While an 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 regulations, once having obtained such
advice, an architect shall not knowingly design a project in violation of such
laws and regulations. |
| (4) |
Undertaking to perform professional services when such architect, and those he
engages as consultants, is not qualified by education, training and experience
in the specific technical areas to perform such services; |
| (5) |
Accepting compensation for services from
more than one party on a project unless the circumstances are fully disclosed
to and agreed to (such disclosure and agreement must be in writing) by all
interested parties; |
| (6) |
Failure to
disclose in writing to a client or employer the nature of a business
association or financial interest of any business association or direct or
indirect financial interest which is substantial enough to influence his
judgment in connection with the performance of professional services. If the
client objects to the association or financial interests, the architect shall
either terminate the association or interest or offer to give up the commission
or employment. |
| (7) |
Soliciting or
accepting compensation from material or equipment suppliers in return for
specifying or endorsing their products; |
| (8) |
Failure to render impartial decisions
when acting as the interpreter of building contract documents and the judge of
contract performance; |
| (9) |
Failure
to accurately represent qualifications, capabilities, experience, and the scope
of responsibility in connection with work for which he is claiming
credit; |
| (10) |
Failure to report a
violation of the laws and rules governing the practice of architecture by
another architect to the Board; |
| (11) |
Failure to report to the appropriate
public official (person charged with enforcement of applicable state or
municipal building laws and regulations) a decision by an employer or client to
violate applicable state or municipal building laws and regulations which
decision, in the architect's judgment, materially or adversely affects the
safety to the public of the finished project. Said architect shall also refuse
to consent to the decision, and shall terminate his services with reference to
the project when the architect is unable to have the matter resolved. |
| (12) |
Failure of an office offering
professional services to have a registered architect resident and regularly
employed in that office; and |
| (13) |
Signing or sealing drawings, specifications, reports, or professional work not
prepared by or under the responsible control of the architect except as may be
permitted by law. |
The Georgia State Board of Architects and Interior Designers
("Board") is authorized to deny, revoke, suspend, fine, reprimand or otherwise
limit the license of an architect for all the grounds set forth in O.C.G.A.
§ 43-1-19(a),
and in O.C.G.A. § 43-4-13,
and for the following reasons:
| (1) |
Practicing architecture when such licensee's professional competence is
substantially impaired by physical or mental disability; |
| (2) |
Making a false statement or failing to
disclose accurately and completely a material fact in connection with an
application for registration or renewal, or in response to inquiry from the
Board; |
| (3) |
Assisting the
application for registration of a person known by the licensee to be
unqualified in respect to education, training, or experience; |
| (4) |
Violation of any state or federal
criminal law; |
| (5) |
Disciplinary
action taken against the licensee in another state; |
| (6) |
Engaging in conduct involving fraud or
wanton disregard of the rights of others; |
| (7) |
Making misleading, deceptive, or false
statement or claims; or |
| (8) |
Violating the laws of the State of Georgia regulating the practice of
architecture or violating any rules and regulations of the Board. |
