Alabama Administrative Code Chapter 100-X-7 — Code of Professional Conduct

100 Alabama State Board for Registration of Architects

Ala. Admin. Code r. 100-X-7-.01 Competence

(1) In practicing architecture, an architect’s primary duty is to protect the public’s health, safety, and welfare. In discharging this duty, an architect shall act with reasonable care and competence, and shall apply the knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality.

(2) In designing a project, an architect shall take into account all applicable state and municipal 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 laws and regulations, once having obtained such advice, an architect shall not knowingly design a project in violation of such laws and regulations.

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

(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.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-39
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-7-.02 Conflict Of Interest

(1) An architect shall not accept compensation in connection with services from more than one party on a project (and never in connection with specifying or endorsing materials or equipment) unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be 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 his or her judgment in connection with the performance of professional services, the architect shall fully disclose in writing to his or her 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 architect will 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 in connection with specifying or endorsing their products. As used herein, “compensation” shall not mean customary and reasonable business hospitality, entertainment, or product education.

(4) When acting as the interpreter of building contract documents and the judge of contract performance, an architect shall render decisions impartially, favoring neither party to the contract.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-39
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-7-.03 Full Disclosure

(1) An architect, making public statements on architectural questions, shall disclose when he or she is being compensated for making such statement or when he or she has an economic interest in the issue.

(2) An architect shall accurately represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with work for which he or she is claiming credit.

(3) If, in the course of his or her work on a project, an architect becomes aware of a decision taken by his or her employer or client, against the architect's advice, which violates applicable state or municipal building laws and regulations and which will, in the architect's judgment, materially and adversely affect the safety of the public of the finished project, the architect shall:

(a) Report the decision to the local building inspector or other public official charged with the enforcement of the applicable state or municipal building laws and regulations;

(b) Refuse to consent to the decision; and

(c) In circumstances where the architect reasonably believes that other such decisions will be taken notwithstanding his or her objection, terminate his or her services with reference to the project unless the architect is able to cause the matter to be resolved by other means.

1. In the case of a termination in accordance with (c) above, the architect shall have no liability to his or her client or employer on account of such termination.

(4) An architect shall not deliberately make a false statement or fail deliberately to disclose accurately and completely a material fact requested in connection with his or her application for registration or renewal or otherwise lawfully requested by the Board.

(5) An architect shall not assist the application for registration of a person known by the architect to be unqualified in respect to education, training, experience, or character. An architect possessing knowledge of an applicant’s qualifications for registration shall cooperate with the applicant, the Board, and/or NCARB by responding appropriately regarding those qualifications when requested to do so. An architect shall provide timely verification of employment and/or training units earned by an intern-architect under his or her supervision if there is reasonable assurance that the facts to be verified are accurate. An architect shall not withhold such verification as a punitive act against a current or former employee. An architect shall not knowingly sign any verification document that contains false or misleading information.

(6) An architect possessing knowledge of a violation of these rules by another architect shall report such knowledge to the Board.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-39.
• New Rule: Filed February 19, 2010; effective March 26, 2010. Amended: Published November 30, 2023; effective January 14, 2024.

Ala. Admin. Code r. 100-X-7-.04 Compliance With Laws

(1) An architect shall not, in the conduct of his or her architectural practice, knowingly violate any state or federal criminal law.

(2) An architect shall neither offer nor make any payment or gift to a government official (whether elected or appointed) with the intent of influencing the official's judgment in connection with a prospective or existing project in which the architect is interested.

(3) An architect shall comply with the registration laws and regulations governing his or her professional practice in any United States jurisdiction. An architect may be subject to disciplinary action if, based on grounds substantially similar to those which lead to disciplinary action in this jurisdiction, the architect is disciplined in any other United States jurisdiction.

(4) An architect shall not present a check to the Board that is returned unpaid by his or her financial institution.

(5) An architect registered in Alabama shall answer an inquiry concerning any matter under the jurisdiction of the Board within thirty (30) days after the date the architect receives notice of the inquiry. Failure to respond to an inquiry concerning any matter under the jurisdiction of the Board shall constitute a separate violation subject to disciplinary action by the Board.

(6) An employer engaged in the practice of architecture shall not have been found by a court or an administrative tribunal to have violated any applicable federal or state law protecting the rights of persons working for the employer with respect to fair labor standards or with respect to maintaining a workplace free of discrimination. For purposes of this rule, any registered architect employed by a firm engaged in the practice of architecture who is in charge of the firm’s architectural practice, either alone or with other architects, shall be deemed to have violated this rule if the firm has violated this rule.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-39.
• New Rule: Filed February 19, 2010; effective March 26, 2010.

Ala. Admin. Code r. 100-X-7-.05 Professional Conduct

(1) Each office engaged in the practice of architecture shall have an architect resident and regularly employed in that office.

(2) An architect may sign and seal technical submissions only if the technical submissions were:

(a) Prepared by the architect;

(b) Prepared by persons under the architect’s responsible control;

(c) Prepared by another architect registered in the same jurisdiction if the signing and sealing architect has reviewed the other architect’s work and either has coordinated the preparation of the work or has integrated the work into his or her own technical submissions; or

(d) Prepared by another architect registered in any United States jurisdiction and holding the certification issued by the National Council of Architectural Registration Boards if the signing and sealing architect has reviewed the other architect’s work and has integrated the work into his or her own technical submissions and the other architect’s technical submissions are prototypical building documents.

(3) An architect may also sign and seal drawings, specifications, or other work which is not required by law to be prepared by an architect if the architect has reviewed such work and has integrated it into his or her own technical submissions. Reviewing, or reviewing and correcting, technical submissions after they have been prepared by others does not constitute the exercise of responsible control because the reviewer has neither control over nor detailed knowledge of the content of such submissions throughout their preparation.

(4) Any registered architect signing or sealing technical submissions not prepared by that architect but prepared under the architect’s responsible control by persons not regularly employed in the office where the architect is resident, shall maintain and make available to the Board upon request for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the architect’s control over and detailed knowledge of such technical submissions throughout their preparation. Any registered architect signing or sealing technical submissions integrating the work of another architect into the registered architect’s own work as permitted under clauses (c) or (d) above shall maintain and make available to the Board upon request for at least five years following such signing and sealing, adequate and complete records demonstrating the nature and extent of the registered architect’s review of and integration of the work of such other architect’s work into his or her own technical submissions, and that such review and integration met the required professional standard of care.

(5) An architect 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 prospective client in connection with a project in which the architect is interested.

(6) An architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.

(7) An architect shall not make misleading, deceptive, or false statements or claims.

History

• Author: Board for Registration of Architects
• Authority: Code of Ala. 1975, §34-2-39.
• New Rule: Filed February 19, 2010; effective March 26, 2010. Amended: Filed July 19, 2010; effective August 23, 2010. Amended: Published November 30, 2023; effective January 14, 2024.