North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 02 - ARCHITECTURE AND REGISTERED INTERIOR DESIGNERS › Section .0200 - PRACTICE OF ARCHITECTURE › Section 02 .0203 - RULES OF PROFESSIONAL CONDUCT

Current through Register Vol. 39, No. 2, July 15, 2024
All persons licensed or registered under the provisions of
				  Chapter 83A of the North Carolina General Statutes are charged with having
				  knowledge of the rules of this Chapter and are deemed to be familiar with their
				  provisions and to understand them. Each licensed or registered person and
				  entity shall sign a statement on the renewal notice affirming understanding of
				  the laws and rules.
(1) Licensees and
				registrants shall conduct their practice in order to safeguard life, health and
				property as provided in G.S. 83A-12. The licensee or registrant shall always
				recognize the primary obligation to protect the public in the performance of
				the professional duties. If the licensee or registrant's professional judgment
				is overruled under circumstances where the licensee or registrant, in their
				professional judgment, believes health, safety, and welfare of the public are
				endangered, the licensee or registrant shall inform the employer, the client,
				the contractor, other affected parties, and any appropriate regulatory agency
				of the possible consequences of the situation.
(2) In designing a project, the licensee or
				registrant shall consider all applicable federal, State and municipal building
				laws and rules. A licensee or registrant shall undertake to perform
				professional services only when they, together with those whom the licensee or
				registrant may engage as consultants, are qualified by education, training and
				experience in the specific technical areas involved. While a licensee or
				registrant may rely on the advice of other professionals such as attorneys,
				engineers, or other qualified persons as to the intent and meaning of such laws
				and rules, once having obtained advice, a licensee or registrant shall not
				design a project in violation of laws and rules.
(3) In practicing architecture or interior
				design, the licensee or registrant shall act with reasonable care and
				competence and shall apply the technical knowledge and skill which is
				ordinarily applied by architects or interior designers of good
				standing.
(4) Responsible Control.
				"Responsible Control" means responsibility for exercising the ultimate
				authority over, and possessing the knowledge and ability to oversee, delegate,
				and integrate the design and technical decisions related to the preparation of
				the project's instruments of service and the project's implementation in
				conformance with the standard of care. Instruments of service are defined as
				the collection of documents, drawings, specifications, calculations, and other
				tangible materials produced by design professionals during the various stages
				of a project. Standard of care is defined as the care usually exercised by one
				in the profession, on the same type of project, at the same time and in the
				same place, under similar circumstances and conditions. No architect or
				registered interior designer shall affix his or her seal and signature to
				contract documents developed by others not under the architect's or registered
				interior designer's responsible control.
(5) An architect or registered interior
				designer shall not deliberately make a false statement or deliberately fail to
				disclose a fact requested in connection with their application for license or
				registration renewal.
(6) An
				architect or registered interior designer shall not assist in the application
				for licensure or registration of a person known by the architect or registered
				interior designer to be unqualified with respect to education, training,
				experience, or character.
(7) An
				architect or registered interior designer shall issue public statements only in
				an unbiased and truthful manner and:
(a) shall
				be objective and truthful in all professional reports, statements, or
				testimony. The architect or registered interior designer shall include all
				relevant and pertinent information in such reports, statements or
				testimony;
(b) when serving as an
				expert or technical witness before any court, commission, or other tribunal,
				shall express an opinion only when it is founded upon knowledge of the facts at
				issue, upon a background of technical competence in the subject matter, and of
				the accuracy and propriety of the individual's testimony;
(c) shall issue no statements, criticisms, or
				arguments on architectural or interior design matters connected with public
				policy which are inspired or paid for by an interested party, or parties,
				unless the architect or registered interior designer has prefaced the comment
				by explicitly identifying their name, by disclosing the identities of the party
				or parties on whose behalf the architect or registered interior designer is
				speaking, and by revealing the existence of any pecuniary interest the
				architect or registered interior designer may have in the matters;
				and
(d) shall not attempt to harm
				the professional reputation, prospects, practice, or employment of another
				architect or registered interior designer, nor indiscriminately criticize
				another architect's or registered interior designer's work. Indiscriminate
				criticism is a statement without basis or cause or that is not objective and
				truthful or that fails to include all factual information. If the architect or
				registered interior designer believes that another architect or registered
				interior designer is in violation of G.S. 83A or the Rules of this Chapter,
				such information shall be presented to the North Carolina Board of Architecture
				and Registered Interior Designers in writing.