A-E 8.02A-E 8.02Intent.The intent of the examining board in adopting this chapter is to establish rules of professional conduct for the professions of architecture, landscape architecture, professional engineering, designing, professional land surveying, and registered interior design. A violation of any standard specified in this chapter may result in disciplinary action under ss. 443.11 to 443.13, Stats.
A-E 8.03A-E 8.03Definitions.In ch. 443, Stats., and chs. A-E 1 to 9, and 14:
A-E 8.03(1)(1) “Gross negligence in the practice of architecture, landscape architecture, professional engineering, designing, professional land surveying, or registered interior design” means the performance of professional services by an architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer which does not comply with an acceptable standard of practice that has a significant relationship to the protection of health, safety or public welfare and is performed in a manner indicating that the professional knew or should have known, but acted with indifference to or disregard of, the accepted standard of practice.
A-E 8.03(2)(2) “Incompetency in the practice of architecture, landscape architecture, professional engineering, designing, land surveying, or registered interior design” means conduct which demonstrates any of the following:
A-E 8.03(2)(a)(a) Lack of ability or fitness to discharge the duty owed by an architect, landscape architect, professional engineer, designer, land surveyor, or registered interior designer to a client or employer or to the public.
A-E 8.03(2)(b)(b) Lack of knowledge of the fundamental principles of the profession or an inability to apply fundamental principles of the profession.
A-E 8.03(2)(c)(c) Failure to maintain competency in the current practices and methods applicable to the profession.
A-E 8.03(3)(3) “Misconduct in the practice of architecture, landscape architecture, professional engineering, designing, professional land surveying, or registered interior design” means an act performed by an architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer in the course of the profession which jeopardizes the interest of the public, including any of the following:
A-E 8.03(3)(a)(a) Violation of federal or state laws, local ordinances or administrative rules relating to the practice of architecture, landscape architecture, professional engineering, designing, professional land surveying, or registered interior design.
A-E 8.03(3)(b)(b) Preparation of deficient plans, drawings, maps, specifications or reports.
A-E 8.03(3)(c)(c) Engaging in conduct which evidences a lack of trustworthiness to transact the business required by the profession.
A-E 8.03(3)(d)(d) Misrepresentation of qualifications such as education, specialized training or experience.
A-E 8.03(4)(4)“Responsible supervision of construction” is defined in s. 443.01 (8), Stats.
A-E 8.03(5)(a)(a) “Supervision,” “direct supervision,” “responsible charge,” and “direction and control,” mean direct, personal, active supervision and control of the preparation of plans, drawings, documents, specifications, reports, maps, plats and charts.
A-E 8.03(5)(c)2.2. Delegation of any decision requiring professional judgment.
A-E 8.03(5)(c)3.3. Casual review or inspection of prepared plans, drawings, specifications, maps, plats, charts, reports or other documents.
A-E 8.03(5)(c)4.4. Mere assumption by an architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer of responsibility for work without having control of the work.
A-E 8.03(5)(c)5.5. Assuming charge, control, or direct supervision of work in which the architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer does not have technical proficiency.
A-E 8.04A-E 8.04Offers to perform services shall be truthful.When offering to perform professional services, an architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer:
A-E 8.04(1)(1)Shall accurately and truthfully represent to a prospective client or employer the capabilities and qualifications which the registrant or licensee has to perform the services to be rendered.
A-E 8.04(2)(2)Shall represent the costs and completion times of a proposed project to a client or prospective client as accurately and truthfully as is reasonably possible.
A-E 8.04(3)(3)May not offer to perform, nor perform, services which the registrant or licensee is not qualified to perform by education or experience without retaining the services of another who is qualified.
A-E 8.04(4)(4)May not use advertising or publicity which is fraudulent or deceptive.
A-E 8.04(5)(5)May not misrepresent the extent to which the performance of services will involve a partnership or association with another registrant or licensee or misrepresent the identity of a registrant or licensee with whom a partnership or association will be engaged in for the performance of services.
A-E 8.04(6)(6)May not collect a fee for recommending the services of another unless written notice is first given to all parties concerned.
A-E 8.04(7)(7)May not practice under a firm name that misrepresents the identity of those practicing in the firm or misrepresents the type of services which the individuals, firm or partnership is authorized and qualified to perform.
A-E 8.05(1)(1)An architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer:
A-E 8.05(1)(a)(a) Shall avoid conflicts of interest. If an unavoidable conflict of interest arises, the registrant or licensee shall immediately inform the client or employer of all the circumstances which may interfere with or impair the registrant’s or licensee’s obligation to provide professional services. Under these circumstances a registrant or licensee may not proceed to provide professional services without the full approval and consent of the client or employer.
A-E 8.05(1)(b)(b) Shall notify the employer or client and withdraw from employment at any time if it becomes apparent that it is not possible to faithfully discharge the responsibilities and duties owed to the client or employer.
A-E 8.05(1)(c)(c) May not agree to perform professional services for a client or employer if the registrant or licensee has a significant financial or other interest which would impair or interfere with the registrant’s or licensee’s responsibility to faithfully discharge professional services on behalf of the client or employer.
A-E 8.05(1)(d)(d) May not accept payment from any party other than a client or employer for a particular project or may not have any direct or indirect financial interest in a service or phase of a service to be provided as part of a project unless the employer or client approves.
A-E 8.05(1)(e)(e) May not solicit or accept anything of value from material or equipment suppliers in return for specifying or endorsing a product.
A-E 8.05(1)(f)(f) May not violate the confidences of a client or employer, except as otherwise required by rules in this chapter.
A-E 8.05(1)(g)(g) May not perform services for a client or employer while a full-time employee of another employer without notifying all parties concerned.
A-E 8.05(2)(2)Nothing in these rules limits a registrant’s or a licensee’s professional responsibility to an owner of a project when the registrant or licensee is employed by a person or firm under contract to construct and furnish design services for that project.
A-E 8.06A-E 8.06Professional obligations.An architect, landscape architect, professional engineer, designer, professional land surveyor, or registered interior designer:
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.
