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49 Pa. Code § 9.151. Standards of professional conduct.

CONDUCT OF LICENSED ARCHITECT


§ 9.151. Standards of professional conduct.

 An architect who fails to adhere to the standards of professional conduct in this section is subject to disciplinary action under section 19(4) of the act (63 P. S. §  34.19(4)). Unprofessional conduct includes, but is not limited to, the following:

   (1)  Failure to exercise due regard for the safety, life and health of the public, an employe or other individual who may be affected by the professional work for which he is responsible.

   (2)  Knowingly permitting, without proper authorization, substantial deviation from plans or specifications by a contractor or supplier, when professional observation of the work is the architect’s contractual responsibility.

   (3)  Knowingly practicing architecture in violation of relevant State and municipal building laws and regulations.

   (4)  Knowingly permitting, aiding or abetting an unlicensed or an unregistered person, partnership, association or corporation to perform activities requiring a license as an architect or registration.

   (5)  Knowingly engaging in or condoning dishonest or fraudulent activity.

   (6)  Paying or offering to pay, either directly or indirectly, a gift, bribe, kickback or other consideration to influence the award of a commission for work, or to secure payment on or the continuation of work in progress.

   (7)  Accepting or soliciting a substantial gift, bribe, commission or other consideration, either directly or indirectly, from a contractor, supplier or other party attempting to influence or otherwise affect the architect’s professional relationship with a client or employer.

   (8)  Having a financial interest in the earnings of a contractor or supplier on work for which the architect has assumed professional responsibility, without full disclosure to and the approval of a client or employer.

   (9)  Knowingly making or issuing a statement that is misleading, deceptive or fraudulent in regard to any aspect of his professional responsibilities or capabilities.

   (10)  Using an architect’s seal or stamp in violation of section 12 of the act (63 P. S. §  34.12) and § §  9.141—9.143 and 9.145 (relating to architect’s seal of licensure).

   (11)  Verifying a candidate’s IDP Council record that work was performed with skill, diligence and care when the architect knows that the work was not performed or was performed without skill, diligence and care.

   (12)  Knowingly misrepresenting his qualifications to a prospective or existing client or employer.

Authority

   The provisions of this §  9.151 amended under sections 5(a), 6(a)—(d), 8(b) and (c), 10(b), 11(a), 12(a) and (c), 13(h) and 14 of the Architects Licensure Law (63 P.S. § §  34.5(a), 34.6(a)—(d), 34.8(b) and (c), 34.10(b), 34.11(a), 34.12(a) and (c), 34.13(h) and 34.14).

Source

   The provisions of this §  9.151 amended January 30, 1987, effective January 31, 1987, 17 Pa.B. 542; amended July 10, 1998, effective July 11, 1998, 28 Pa.B. 3273. Immediately preceding text appears at serial pages (206080) to (206081).

Notes of Decisions

   Effect of Renewal

   Because a license renewal ‘‘is neither a statute of limitations nor a determination of a licensee’s continued qualification to practice the profession or occupation upon which the licensee may rely, [a] renewal does not estop the Board from later instituting proceedings to suspend or revoke an architect’s license.’’ Gangewere v. State Architects Licensure Board, 512 A.2d 1301 (Pa. Cmwlth. 1986).



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