SUBCHAPTER 11. RULES OF PROFESSIONAL CONDUCT
Section
55:10-11-1. General requirements
55:10-11-2. Good moral character
55:10-11-3. Competence
55:10-11-4. Conflict of interest
55:10-11-5. Full disclosure
55:10-11-6. Compliance with laws
55:10-11-7. Professional conduct
55:10-11-8. Registrant's seal
55:10-11-9. Authorized use of seal
55:10-11-10. Required use of seal, signature and date on documents
55:10-11-11. Prohibition on submitting documents without seal, date and signature
55:10-11-12. Prohibited use of seal
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55:10-11-1. General requirements
A Registrant or Entity shall above all, serve and promote the public interest in the effort to improve human environment and shall act in a manner to support the human rights of all mankind and to bring honor and dignity to the professions of architecture and landscape architecture.
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55:10-11-2. Good moral character
The Act requires all Registrants be of good moral character. Among items considered as defining the lack of good moral character are:
(1) Practicing architecture or landscape architecture without a license in violation of any jurisdiction regulation.
(2) Conviction of a felony.
(3) Misrepresentations or falsifications of fact in an application for licensing or any other document filed with the Board.
(4) Individual cases may require consideration of other items that define the lack of good moral character.
55:10-11-3. Competence
(a) In engaging in the practice of architecture or landscape architecture, a Registrant or Entity shall act with care and competence, and shall apply the technical and tactical knowledge and skill which is ordinarily applied by licensed Architects and Landscape Architects of good standing. The Registrant or Entity shall not directly or indirectly indulge in exaggerated, misleading, deceptive or false statements or claims about professional qualifications.
(b) In designing a project, a licensed Architect or Landscape Architect shall follow all applicable state and municipal building laws, codes and regulations. While a Registrant of these professions may rely on the advice of other professions as to the intent and meaning of such laws, codes and regulations, once having obtained such advice, the Registrant shall not intentionally or negligently design a project in violation of such laws, codes and regulations. When two or more codes are in conflict, the standard of practice is to use the most restrictive.
(c) A licensed Architect or Landscape Architect shall undertake to perform professional services only when he or she together with those engaged as consultants, is qualified by licensing, education, training and experience in the specific technical and tactical areas required. The Registrant shall establish by written contract, the nature and extent of services to be provided and the compensation to be paid.
(d) No individual shall be permitted to engage in the practice of architecture or landscape architecture if, after a hearing, in the Board's judgment, such individual's professional competence is found to be substantially impaired by mental disabilities. An individual may apply for reinstatement through the procedures established by the rules in this Chapter.
55:10-11-4. Conflict of interest
(a) A Registrant or Entity shall not accept or receive compensation directly or indirectly for services from any person or Entity other than the client in connection with the reparation, alteration or construction of a project in relation to which the Registrant or Entity shall have accepted employment in any manner.
(b) If a Registrant or Entity has any business association or direct or indirect financial interest in a project undertaken to perform professional services, the Registrant or Entity shall fully disclose in writing to the client or employer the nature of the business association or financial interest, and, if the client or employer objects to such association or financial interest, the Registrant or Entity shall either terminate such association or interest or offer to give up the commission or employment.
(c) A Registrant or Entity shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.
(d) A Registrant or Entity shall not publicly endorse a product, system, or service, or permit the use of his/her or its name or photograph to imply such endorsement. However, he/she or it may be identified with any product, system, or service designed or developed by him/her or it.
(e) When acting as the interpreter of building contract documents and the judge of contract performance, a Registrant or Entity shall render decisions impartially, favoring neither party to the contract.
55:10-11-5. Full disclosure
(a) A Registrant or Entity making public statements on architectural or landscape architectural questions, shall disclose when he/she or it is being compensated for making such statements.
(b) A Registrant or Entity shall accurately represent to a prospective or existing client or employer his/her/its qualifications and the scope of responsibility in connection with work for which he/she/it is claiming credit. A person leaving employment shall obtain written permission from the employer to take or copy plans and specifications when they leave the Entity.
(c) If, in the course of his/her/its work on a project, the Registrant or Entity becomes aware of a decision taken by his/her/its employer or client, against such Registrant's or Entity's advice, which violates applicable state or municipal building laws, codes or regulations, and which will, in the Registrant's or Entity's judgment, materially and adversely affect the health, welfare and safety to the public of the finished project, the Registrant or Entity shall:
(1) report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws, codes or regulations;
(2) refuse to consent to the decision;
(3) in circumstances where the Registrant or Entity reasonably believes that other such decisions will be taken, notwithstanding her/his/its objection, terminate services with respect to the project. In the case of a termination in accordance with (c) of this Section, the Architect, Landscape Architect or Entity shall have no liability to his/her/its client or employer on account of such termination.
(d) A Registrant or Entity shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with an application for a registration, renewal or contract with a client/owner.
(e) A Registrant or Entity shall not assist the application for an individual or Entity known by the Registrant or Entity to be unqualified in respect to education, training, experience or character.
(f) A Registrant or Entity possessing knowledge of a violation of the rules in this Chapter or the Act, by another Registrant or Entity, shall report such knowledge to the Board.
(g) The Architect, Landscape Architect or Entity contracting to provide professional services shall disclose whether or not they carry liability insurance or are bonded for the project. If insurance or a bond is canceled during the term of a contract, or any extension thereof, the client/owner shall be notified in writing of the cancellation.
55:10-11-6. Compliance with laws
(a) A Registrant or Entity shall not, while engaging in the practice of his/her/its profession, knowingly violate any state or federal criminal law.
(b) A Registrant or Entity shall neither offer nor cause to be offered any payment or gift to a government official, elected or appointed, with the intent of influencing the official's judgment in connection with a prospective or existing project in which the Registrant or Entity is interested.
(c) A Registrant or Entity shall comply with the registration laws and rules and/or regulations governing his/her/its professional practice in any jurisdiction.
55:10-11-7. Professional conduct
An Architect, Landscape Architect or Entity shall preserve the confidences of the client or employer. A Registrant or Entity may make contributions of service or anything of value to those endeavors which he/she/it deems worthy. A Registrant or Entity has the right to participate in the political process and to contribute time and money to political campaigns. In making political contributions, the Registrant or Entity shall do so publicly.
(1) Each office in Oklahoma maintained for the preparation of drawings, specification, reports or other professional work shall have a Registrant in that office having Responsible Control of such work.
(2) A Registrant shall not sign or seal drawings, specifications, reports or other professional work for which he/she does not have responsible control. Provided, however, that in the case of the portions of such professional work prepared by the Registrant's licensed consultants, registered under this or another professional registration of Oklahoma, the Registrant may dually sign and seal that portion of the professional work if the registered Architect or Landscape Architect has coordinated its preparation, and intends to be responsible for its adequacy.
(3) A Registrant or Entity shall neither offer nor make any gifts, other than gifts of nominal value including, for example, reasonable entertainment and hospitality, with the intent of influencing the judgment of an existing or perspective client in connection with a project in which the Registrant or Entity is interested. Intent of influence means influence, direct or indirect, which induces or tends to induce consideration or action with respect to any prospective work on any basis other than the merits of the matter.
(4) A Registrant or Entity shall not engage in conduct involving fraud or wanton disregard of the rights of others.
(5) A Registrant or Entity shall not engage directly or indirectly an agent or representative to solicit work on his/her/its behalf whose compensation is contingent, in whole or in part, upon obtaining professional work for the Entity, Architect or Landscape Architect.
(6) A Registrant or Entity shall not make false statements about the professional work, or maliciously injure or attempt to injure the prospects, practice or employment position of others.
(7) A Registrant or Entity shall not furnish limited services in such a manner as to enable owners, draftsmen, or others to evade public health and safety requirements.
55:10-11-8. Registrant's seal
(a) Seal required. Every person authorized to practice architecture or landscape architecture by a certificate of registration shall procure a seal with which to identify all technical submissions, addenda, field orders and other documents of service issued by the Registrant for use in this state. This seal may be purchased from any company of the Registrant's choice or computer generated.
(b) Type of seal. The seal required shall be of a type which will make an image on the surface of original documents and duplications of original documents. The use of a rubber stamp or electronic image which produces an accurate and legible image of the seal is permissible .
(c) Design of seal. The seal of a licensed Architect shall contain his/her name, Oklahoma registration number, city, state and the words, "Licensed Architect, State of Oklahoma." The seal of a licensed Landscape Architect shall contain his/her name, Oklahoma registration number and the words, "Licensed Landscape Architect, Oklahoma." Examples of acceptable forms for the design of seals are available from the Board.
55:10-11-9. Authorized use of seal
(a) Seal declares authorship. The seal appearing on any technical submission shall be a prima facie evidence in 55:10-15-1 that said technical submission was prepared by or under the responsible control of the individual named on said seal.
(b) Location of seal, signature and date. The seal impression or image shall be across the original signature of the Registrant responsible to this Board for authorship of the documents thus identified. The handwritten date the signature is affixed shall accompany the signature.
(c) Use of seal is individual act. Authorized use of the prescribed seal is an individual act. The Registrant is responsible for its security when not in use.
(d) Use or attempted use of seal by unauthorized persons. No person, other than the Registrant represented, shall use or attempt to use the prescribed seal, and no unregistered person or Entity shall be authorized to use the prescribed seal, except as described in (c) above.
(e) Entire Contract. Any licensed Architect or Landscape Architect preparing documents that would be considered to fulfill an entire contract with a client being the end point of service, whether or not the plans are complete, shall sign, seal and date those documents. The Licensee may add any words on the documents that he/she/it chooses to indicate an incomplete document and not for construction notice.
(f) Technical submissions. Architects and Landscape Architects are permitted to review and adapt portions of technical submissions if:
(1) the seal of the original Architect or Landscape Architect appears on the submissions to authenticate authorship.
(2) the succeeding Architect or Landscape Architect clearly identifies all modifications to the submissions.
(3) the succeeding Architect or Landscape Architect assumes responsibility and liability for the adequacy of the design on the modifications.
55:10-11-10. Required use of seal, signature and date on documents and retention period
(a) All Registrants must affix their seal, signature and date to all original working drawings, and to the original cover sheet and index page identifying all specification pages covered, including all addenda and field changes.
(b) In the absence of index sheets or covers identifying all sheets or pages bound, all original contract documents of service must have the seal, date and signature of the Registrant responsible and the date prepared affixed thereto. In addition, the Registrant shall identify on the index page or covers or sheets or pages bound, by name and license number, the consultants used on the project and the sections the consultants worked on.
(c) An Architect, Landscape Architect or Entity shall retain a copy of all technical submissions produced for a minimum of fifteen (15) years following the date of preparation. Should the submissions be retained by electronic means, all submissions shall be updated into current versions so they are accessible at all times and can be printed out in a legible format.
55:10-11-11. Prohibition on submitting documents without seal, date and signature
No Architect or Landscape Architect shall submit technical submissions for a building permit or other submission without affixing his/her seal, date and signature to the work. All technical submissions shall clearly state the name of the firm, the Registrant and the date prepared.
55:10-11-12. Prohibited use of seal
(a) Prohibition on sealing documents. No Registrant shall affix or attempt to affix the seal, signature or date to sketches, working drawings, specifications or other documents developed by others not under the Responsible Control and not subject to the authority of that Registrant in critical, professional judgments, except as stated in OAC 55:10-11-9(e) and (f).
(b) Prohibited acts using seal. No Registrant shall affix the seal, signature or date to documents unless:
(1) such documents were developed and prepared under the Registrant's Responsible Control;
(2) the Registrant had full authority to determine their development; and
(3) the Registrant has reviewed and adopted, in whole or in part, architectural or landscape architectural portions and has either coordinated their preparation and integrated them into the work.
