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§ 160. Rules of Professional Conduct.


Barclays Official California Code of Regulations Currentness
Title 16. Professional and Vocational Regulations
Division 2. California Board of Architectural Examiners
Article 9. Professional Conduct (Refs & Annos)
16 CCR § 160
§ 160. Rules of Professional Conduct.
A violation of any rule of professional conduct in the practice of architecture constitutes a ground for disciplinary action. Every person who holds a license issued by the Board shall comply with the following:
(a) Competence:
(1) An architect shall undertake to perform professional services only when he or she, together with those whom the architect may engage as consultants, are qualified by education, training, and experience in the specific technical areas involved.
(2) In addition to subsection (a)(1) above, when practicing architecture, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by architects of good standing, practicing in this state under similar circumstances and conditions.
(b) Willful Misconduct:
(1) In designing a project, an architect shall have knowledge of all applicable building laws, codes, and regulations. An architect may obtain the advice of other professionals (e.g., attorneys, engineers, and other qualified persons) as to the intent and meaning of such laws, codes, and regulations and shall not knowingly design a project in violation of such laws, codes and regulations.
(2) Whenever the Board is conducting an investigation, an architect or a candidate for licensure shall respond to the Board's requests for information and/or evidence within 30 days of the date mailed to or personally delivered on the architect or a candidate for licensure.
(c) Conflict of Interest:
(1) An architect shall not accept 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 to be in writing) by all such parties.
(2) If an architect has any business association or financial interest which is substantial enough to influence his or her judgment in connection with the performance of professional services, the architect shall fully disclose in writing to his or her client(s) or employer(s) the nature of the business association or financial interest. If the client(s) or employer(s) object(s) to such association or financial interest, the architect shall either terminate such association or interest or offer to give up the project or employment.
(3) An architect shall not solicit or accept payments, rebates, refunds, or commissions whether in the form of money or otherwise from material or equipment suppliers in return for specifying their products to a client of the architect.
(4) An architect shall not engage in a business or activity outside his or her capacity as an officer, employee, appointee, or agent of a governmental agency knowing that the business or activity may later be subject, directly or indirectly to the control, inspection, review, audit, or enforcement by the architect.
(5) When acting as the interpreter of construction contract documents and the judge of construction contract performance, an architect shall endeavor to secure faithful performance of all parties to the construction contract and shall not show partiality to any party.
(d) Full Disclosure:
(1) An architect 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 projects or services for which he or she is claiming credit.
(2) An architect shall respond in writing within 30 days to any request from the Board for information solicited in connection with a candidate's application for a license to practice architecture. When providing information in connection with a candidate's application for a license to practice architecture, an architect shall accurately report the candidate's training or experience for the period of time that the architect had direct supervision of the candidate.
(e) Copyright Infringement:
(1) An architect shall not have been found by a court to have infringed upon the copyrighted works of other architects or design professionals.
(f) Informed Consent:
(1) An architect shall not materially alter the scope or objective of a project without first fully informing the client and obtaining the consent of the client in writing.
Note: Authority cited: Section 5526, Business and Professions Code. Reference: Sections 5526 and 5578, Business and Professions Code.
1. New article 9 (section 160) and section filed 1-13-98; operative 2-12-98 (Register 98, No. 3).
2. New subsections (c)(4) and (e) filed 6-2-99; operative 7-2-99 (Register 99, No. 23).
3. New subsections (b)(2) and (c)(5), amendment of subsection (d)(2) and new subsections (f)-(f)(1) filed 7-12-2007; operative 8-11-2007 (Register 2007, No. 28).
This database is current through 7/24/20 Register 2020, No. 30
16 CCR § 160, 16 CA ADC § 160
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