Chapter 02. Code of Ethics
Regulation .01 Rules of Conduct.LinkCopy Citation
A.
Competence.
(1)
In practicing architecture, an architect shall act with reasonable care and competence, and shall apply the technical knowledge and skills which are 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 attorneys, engineers, and other qualified individuals as to the intent and meaning of those regulations, once having obtained this advice, an architect may not knowingly design a project in violation of those laws and regulations.
(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.
(4)
An individual may not practice architecture if, in the Board's judgment, the individual's professional competence is substantially impaired by physical or mental disabilities.
B.
Conflict of Interest.
(1)
An architect may not accept compensation for services from more than one party on a project, unless the circumstances are fully disclosed and agreed to, in writing, by all interested parties.
(2)
If an architect has a business association or direct or indirect financial interest which is substantial enough to influence the architect's judgment in connection with the architect's performance of professional services, the architect shall fully disclose in writing to the architect's client or employer the nature of the business association or financial interest. If the client or employer objects to the association or financial interest, the architect shall either terminate the association or interest, or offer to give up the commission or employment.
(3)
An architect may not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.
(4)
When acting as the interpreter of building contract documents and the judge of contract performance, an architect shall render decisions impartially, not favoring either party to the contract.
C.
Full Disclosure.
(1)
An architect, making public statements on architectural questions, shall disclose when the architect is being compensated for making the statement.
(2)
An architect shall accurately represent to a prospective or existing client or employer the scope of the architect's qualifications and the scope of the architect's responsibility in connection with work for which the architect is claiming credit.
(3)
If, in the course of the architect's work on a project, an architect becomes aware of a decision taken by the architect's employer or client, against the architect's advice, which violates applicable State, county, or municipal building laws and regulations and which will, in the architect's judgment, materially affect adversely the safety to 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, county, or municipal building laws and regulations;
(b)
Refuse to consent to the decision; and
(c)
In circumstances when the architect reasonably believes that other decisions will be taken notwithstanding the objection, terminate the services with reference to the project.
(4)
In the case of a termination in accordance with §C(3)(c) of this regulation, the architect has no liability to the architect's client on account of the termination.
(5)
An architect may not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with the architect's application for licensure or renewal of licensure.
D.
Compliance with Laws.
(1)
In the conduct of architectural practice, an architect may not knowingly violate any State or federal criminal laws.
(2)
An architect shall comply with the licensing laws and regulations governing architectural professional practice in this or other jurisdictions in which the architect practices architecture.
E.
Professional Conduct.
(1)
An architect may not either offer or 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.
(2)
An architect may not either offer or 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 prospective client in connection with a project in which the architect is interested.
(3)
An architect may not engage in conduct involving fraud or wanton disregard of the rights of others.
(4)
An architect may not assist the application for licensure of a person known by the architect to be unqualified in respect to education, training, experience, or character.
(5)
An architect possessing knowledge of a violation of these regulations by another architect shall report this knowledge to the Board.
F.
Failure to Respond.
(1)
If an applicant or licensee receives from the Board a written communication requesting a response, the applicant or licensee shall respond within 30 days of the date of mailing.
(2)
The Board shall send a written communication by first-class mail to the last known address furnished to the Board by the applicant or licensee.
(3)
It is a responsibility of an applicant or licensee to notify the Board in writing if there has been a change in the applicant’s or licensee’s address.
(4)
Failure to respond as required by this regulation may be considered by the Board to be a violation of Business Occupations and Professions Article, §3-311(a)(l)(iv), Annotated Code of Maryland.
Regulation .02 Names of Entities.LinkCopy Citation
A.
An individual, a partnership, a corporation, a limited liability company, or any other entity through which architecture is practiced, may not use an impersonal name unless the name complies with appropriate requirements set forth in Corporations and Associations Article, Annotated Code of Maryland, and Business Occupations and Professions Article, Title 3, Annotated Code of Maryland.
B.
A misleading designation may not be used or implied in the name of a sole proprietorship, partnership, corporation, limited liability company, or other entity offering architectural services in the State. However, this does not prevent the use of the name of a deceased or retired partner, corporate officer, director, or member in the name of the entity.
Regulation .03 Sealing Requirements.LinkCopy Citation
A.
A licensee may sign or seal plans, specifications, drawings, reports, or other documents that are required to be signed and sealed pursuant to Business Occupations and Professions Article, §3-501, Annotated Code of Maryland, only if the following requirements are met:
(1)
The licensee is competent in the subject matter of those documents by virtue of education or experience, or both; and
(2)
The licensee either:
(a)
Personally prepared the documents; or
(b)
Approved the documents.
B.
For purposes of §A(2)(a) and (b) of this regulation and Business Occupations and Professions Article, §3-501, Annotated Code of Maryland, “approval” means:
(1)
Direct knowledge and responsible control over the content of technical submissions during their preparation; and
(2)
Substantive review and authority to make revisions with regard to the preparation of submissions described in these regulations.
C.
In addition, a licensee may sign or seal, after review and inspection, the following:
(1)
Portions of the professional work that are not required by Business Occupations and Professions Article, Title 3, Annotated Code of Maryland, to be prepared or approved by an architect, only if the architect reviewed and adopted in whole or in part those portions, has coordinated their preparation, and has integrated them into the project; and
(2)
Prototype standard drawings prepared by an out-of-State architect licensed in any United States jurisdiction, in connection with the design of a commercial chain establishment.
D.
The licensee who signs and seals the documents in accordance with the requirements set forth in these regulations shall be considered to be the architect of record with regard to these documents.
E.
Signature.
(1)
For the purposes of this regulation, the term “signature” means:
(a)
A handwritten signature in permanent ink containing the name of the person who applied it; or
(b)
For electronic or digital documents, an electronic authentication process attached to or logically associated with the document.
(2)
A digital signature described in this section shall satisfy the following criteria:
(a)
It must contain an identification unique to a licensee using it;
(b)
It must be under the exclusive control of the licensee using it;
(c)
It must be verifiable; and
(d)
It is linked to the document in such a manner that any subsequent modifications to the document will result in the document no longer being considered prepared or approved by the licensee.
F.
Once the digital signature is applied to the document, the document shall be available in a View Format only if the document is to be transmitted electronically.
G.
Nothing in this regulation is intended to modify any of the requirements applicable to professional certification or titleblock more specifically set forth in Regulation 09.21.02.04.
Regulation .04 Titleblock Rules.LinkCopy Citation
A.
An architectural entity shall incorporate a titleblock on all drawings and other documents required to be signed and sealed pursuant to Business Occupations and Professions Article, §3-501, Annotated Code of Maryland.
B.
A licensee may not remove a titleblock from any print or reproduction of the documents described in these regulations.
C.
The name of the entity shall appear in the titleblock, either as a partnership, corporation, limited liability company, or other appropriate entity. In addition, the titleblock shall contain a date, printed name, signature, and seal of one of the directors of a corporation, general partners of a partnership, or members of a limited liability company, who prepared or approved the documents in accordance with these regulations.
D.
The directors of a corporation, partners of a partnership, or members of a limited liability company through which architecture is practiced, may designate another employee of the entity to sign and seal the documents in accordance with the requirements set forth in these regulations, if the designee:
(1)
Is licensed in the State to practice architecture; and
(2)
Prepared or approved the documents for a particular project in accordance with these regulations.
E.
In addition, the titleblock shall contain the following certification:
Chapter annotations
Authority: Business Occupations and Professions Article, §§3-205, 3-208(a)(1), and 3-501, Annotated Code of Maryland
History: Effective date:
History: Regulations .01—.04 recodified from COMAR 09.21.01.05—.07-1 effective September 1, 2003 (30:17 Md. R. 1203)
History: Regulation .01F adopted effective June 15, 2009 (36:12 Md. R. 836)
History: Regulation .01F amended effective February 25, 2019 (46:4 Md. R. 190)
History: Regulation .03E—G adopted effective January 19, 2015 (42:1 Md. R. 18)
History: Regulation .03E amended effective July 16, 2018 (45:14 Md. R. 696)