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The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
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BOARD OF ARCHITECT EXAMINERS

 

DIVISION 20

RULES OF PROFESSIONAL CONDUCT

806-020-0010

Truthful Statements to the Board

A registered architect shall be forthright and candid in statements or written responses to the board or its representatives on matters pertaining to professional conduct. The signature of an Architect in all matters relating to Professional Conduct certifies to the best of the architect's knowledge, information and/or belief that the information furnished is true and that no information has been withheld.

Stat. Auth.: ORS 671.125
Stats. Implemented: ORS 090, 671.125
Hist.: AE 1-1983, f. & ef. 1-12-83; AE 1-1996, f. 1-23-96, cert. ef. 2-1-96; BAE 6-2006, f. & cert. ef. 11-9-06

806-020-0020

Responsibility to the Public

The architect shall at all times recognize the primary obligation is to protect the health, safety, and welfare of the public in the practice of architecture. If, in the architect's professional judgment, health, safety, and welfare may be endangered, the employer or client shall be informed of the possible consequences. The architect shall also notify involved building officials and the Oregon Board of Architect Examiners.

Stat. Auth.: ORS 671.125
Stats. Implemented: ORS 671.060
Hist.: AE 1-1983, f. & ef. 1-12-83; AE 1-1996, f. 1-23-96, cert. ef. 2-1-96; BAE 1-1999, f. & cert. ef. 3-25-99; BAE 7-2001, f. & cert. ef. 10-24-01; BAE 6-2005, f. & cert. ef. 12-13-05

806-020-0030

Competence

(1) In practicing architecture, an Architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which is applied by architects of good standing, practicing in the same locality.

(2) An Architect shall undertake to perform professional services only when the Architect, together with those whom the Architect may engage as consultants, is qualified by education, training and experience in the specific technical areas involved.

(3) An Architect shall take into account applicable state and municipal building codes, laws and regulations. An Architect shall not knowingly prepare or stamp construction documents which are in violation of the codes, laws or regulations.

Stat. Auth.: ORS 671.125(2)
Stats. Implemented: ORS 671.125(2)
Hist.: AE 1-1983, f. & ef. 1-12-83; AE 1-1996, f. 1-23-96, cert. ef. 2-1-96

806-020-0040

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 and agreed to in writing by all interested parties.

(2) If an Architect has any business association or direct or indirect financial interest which is substantial enough to influence personal judgment in connection with performance of professional services, the Architect shall fully disclose in writing to the 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 Architect shall either terminate such association or interest or offer to give up the commission or employment.

(3) An Architect shall not solicit or accept compensation from material or equipment suppliers before or after the fact.

Stat. Auth.: ORS 671.125(2)
Stats. Implemented: ORS 671.125(2)
Hist.: AE 1-1983, f. & ef. 1-12-83; AE 1-1996, f. 1-23-96, cert. ef. 2-1-96

806-020-0080

Misconduct

Under the provisions of ORS 671.090 and 671.220, an architect may be disciplined for misconduct in the practice of architecture if he or she:

(1) Signs or stamps drawings, specifications, reports or other professional work which were not prepared under the architect's direct control and supervision.

(2) Offers or accepts gifts, other than gifts of nominal value (e.g. reasonable entertainment and hospitality), with the intent of influencing the judgment of an existing or prospective client or governmental official in connection with a project in which the architect is interested.

(3) Engages in any conduct involving fraud or deceit which relates to the business or practice of architecture.

(4) Takes improper credit for work on an architectural project, such as by failing to:

(a) Accurately describe his or her role in the project;

(b) Name the architect or architectural firm of record on a project;

(c) List reference information in a prominent location and in close proximity to the credit given or claimed.

(5) Assists the application for registration of a person by falsely verifying the individual's education, training or experience.

(6) Makes any false statement or gives any false information in connection with an application for registration or for renewal of registration.

(7) Is convicted of any crime under circumstances that relate to the practice of architecture.

(8) Violates any federal or state statute or rule that relates to the practice of architecture.

(9) Practices architecture while the architect's ability to practice is impaired by alcohol or drugs.

(10) Engages in false, misleading or deceptive advertising, which may include, but is not limited to:

(a) Misleading, or attempting to mislead, existing or prospective clients or the public, through advertising or other means, about the results that can be achieved through the use of the registrant's services;

(b) Misleading, or attempting to mislead, existing or prospective clients or the public by suggesting that the registrant can achieve results by means that violate this code or the law;

(c) Failing to truthfully inform the client, employer, or public about personal qualifications, capabilities, or experience; and without exaggerated, misleading, deceptive, or false statements or claims;

(d) Taking credit for work performed under the direction of a former employer beyond the scope of one's actual personal role and contribution.

(11) Makes a substantial misrepresentation in the course of practice.

(12) Obtains or attempts to obtain compensation by fraud or deceit.

(13) Engages in any conduct that, through professional experience, is not an acceptable standard for architectural practice in Oregon.

(14) Practices architecture in Oregon while not holding an active Oregon license to practice architecture.

(15) Is the subject of disciplinary action taken by another jurisdiction.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.090(4) & 671.125
Hist.: AE 1-1983, f. & ef. 1-12-83; BAE 4-2002, f. & cert. ef. 8-7-02; BAE 1-2004, f. & cert. ef. 1-28-04; BAE 6-2006, f. & cert. ef. 11-9-06

806-020-0085

Incompetency

Under the provisions of ORS 671.090(4), an architect is incompetent in the practice of architecture who has:

(1) Been adjudicated mentally incompetent by a court.

(2) Engaged in conduct which evidenced a lack of ability or fitness to discharge the duty and responsibility owed by the architect to a client or to the general public; or

(3) Engaged in conduct which evidenced a lack of knowledge of, or an inability to apply, the principles or skills of the architectural profession.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.090(4) & ORS 671.125
Hist.: AE 1-1983, f. & ef. 1-12-83

806-020-0090

Gross Negligence

(1) Under the provisions of ORS 671.090(4) an architect shall be considered grossly negligent who has:

(a) Been found habitually guilty of neglect;

(b) Been found lacking in ordinary care and concern; and/or

(c) Been found extremely careless in the practice of architecture.

(2) Should the Board not discipline for a single act of Gross Negligence, the Board does not waive it's right and duty to evoke sanctions against the architect for repeated acts of Gross Negligence.

Stat. Auth.: ORS 671
Stats. Implemented: ORS 671.090(4) & ORS 671.125
Hist.: AE 1-1983, f. & ef. 1-12-83

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