Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 201 - Mississippi State Board of Architecture › Chapter 4 - Professional Code of Conduct › Rule 30-201-4.1 - Competence

Current through June 25, 2024
4.1.1 In 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 the same locality.
Commentary - Although many of the existing rules of
				  conduct fail to mention standards of competence, it is clear that the public
				  expects that incompetence will be disciplined and, where appropriate, will
				  result in revocation of the license. Rule 4.1.1 sets forth the common-law
				  standard of care which has existed in this country for a hundred years or more
				  in judging the performance of architects as well as certain other
				  professionals.
4.1.2
				In designing a project, an architect shall take into account all applicable
				federal, state and local 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.
Commentary - It should be noted that the rule is
				  limited to applicable federal, state and local building laws and regulations.
				  Every major project being built in the United States is subject to a multitude
				  of laws, in addition to the applicable building laws and regulations. As to
				  these other laws, it may be negligent of the architect to have failed to take
				  them into account, but the Rule does not make the architect specifically
				  responsible for such other laws. Even the building laws and regulations are of
				  sufficient complexity that the architect may be required to seek the
				  interpretation of other professionals. The rule permits the architect to rely
				  on the advice of other such professionals.
4.1.3 An architect shall undertake to perform
				professional services only when the architect, together with those whom the
				architect may engage as consultants, are qualified by education, training, and
				experience in the specific technical areas involved.
Commentary - While an architect is licensed to
				  undertake any project which falls within the definition of the practice of
				  architecture, as a professional, the architect must understand and be limited
				  by the limitations on the architect's own education, training and experience.
				  Where an architect lacks the necessary experience for a particular project,
				  e.g. a multi-story hospital, the rule supposes the architect will retain
				  consultants who can appropriately supplement the architect's own experience. If
				  an architect undertakes to do a project where the architect lacks the requisite
				  education, training and experience and does not seek supplementing consultants,
				  the architect has violated the rule.
4.1.4 No person shall be permitted to
				practice architecture if, in the Board's judgment, such person's professional
				competence is substantially impaired by physical or mental disabilities.
Commentary - Here the Board is given the opportunity
				  to revoke or suspend a license when the Board has suitable evidence that the
				  license holder's professional competence is impaired by physical or mental
				  disabilities. Thus, the Board need not wait until a building fails in order to
				  revoke the license of an architect whose addiction to alcohol, for example,
				  makes it impossible for the architect to perform the architect's professional
				  services with the necessary standard of care.
4.1.5 A licensed architect shall practice in
				accordance with the laws, rules and regulations governing the practice of
				architecture in the State of Mississippi at all times and on all projects,
				regardless of the size or dollar value of the project in question.
Comment: Miss. Code Ann. §
											73-1-39
				  exempts certain projects from requiring an architect, e.g., any building
				  containing less than 5,000 square feet and is less than three stories in
				  height. In most instances, unlicensed individuals preparing plans and
				  specifications for buildings meeting this exemption are not under the
				  jurisdiction of the Board and are not held to the same standard of care as an
				  architect. However, an architect is held to the professional standard of care
				  and that standard of care is not diminished by the fact the building may fall
				  under one of the exemptions in Miss. Code Ann. §
											73-1-39.
				  Accordingly, regardless of the type, size or dollar value of the project, a
				  Mississippi licensed architect will follow all laws, rules and regulations
				  governing the practice of architecture in the State of Mississippi including,
				  but not limited to, those applicable to responsible control, use of the
				  architect's seal, prototypical documents and construction
				  administration.
Miss. Code Ann. §
										73-1-29(1)