Ethics and Best Practices

Architecture as both a practice and a business relies on certain moral constants to function effectively, and they are primarily based on a set of professional standards. These standards are what assist the architect in staying true to contractual and ethical obligations in regards to the public, clients, the profession itself, colleagues, and the shared surrounding environment. This set of responsibilities holds true no matter the circumstances under which a facility is constructed, including location, weather, material, building or client type, and codes and regulations.

One way to ensure that architects adhere to the same standards was the implementation of the Code of Ethics and Professional Conduct, which was created by the AIA (American Institute of Architects) to act as a guide for its members; this Code is a way for architects to measure their professional practices, and focus their future goals of professional practices. The Code provides carefully worded information to help the architect succeed professionally and legally within the business.

Although the AIA created the Code to hold architects to a certain standard of practice, the guide only requires that members of the AIA adhere to its regulations. This means that any architects who are not members are not required to use this document as a guide. NCARB (National Council of Architectural Registration Boards) on the other hand, is a nonprofit corporation that makes up the legally constituted architectural registrations boards of all fifty states as well as four additional U.S. territories. NCARB created its own guidelines for architects, Model Rules of Conduct, by which practicing architects must abide. Both the Code of Ethics and the Model Rules of Conduct work to provide architects with the professional and ethical standards by which they measure their practices against.

STANDARD OF CARE

This term acts as an overarching concept describing architect expectations during the project. It’s typically defined as what any competent architect would do in a specific community at a specific time facing specific circumstances, the standard by which professional negligence is measured and judged. Standard of Care is established individually by each state, or it may be written into a services agreement. Because this term may be interpreted subjectively, more objective ways of measuring architectural conduct have been put in place to ensure that architects are held to a more precise standard.

BRIEF HISTORY OF AIA’S CODE OF ETHICS

In 1909, an initial set of rules was implemented by the AIA to govern the conduct of architects. At that time, only four states (California, Colorado, Illinois, New Jersey) had begun to issue laws regarding the regulation of architecture as a practice, so when the guide was released, it set standards of practice for much of the country.

As a nongovernmental organization, the AIA’s set of rules and their enforcement of them may differ from organizations such as NCARB. State agencies and governments have certain privileges to which private organizations don’t have access. For this reason, the Antitrust Law was implemented as a way of restricting the AIA’s ability to mandate and enforce rules while at the same time nurturing economic competition. It does this by preventing competitors in a given market from collaborating to hinder the opposition to an unreasonable degree. The courts determine if this line is crossed and deliver verdicts accordingly.

By 1978, after various legal proceedings, the U.S. Supreme Court established new understandings of Antitrust Law. They stated that an association’s professional code was not allowed to prohibit competitive bidding. In response, the AIA’s code of ethics was repealed in 1980, and then revised and reinstituted in 1987 as the Code of Ethics and Professional Conduct. Much of what was implemented in 1987 is still reflected in the AIA’s most current version of the code of ethics.

AIA’s CODE OF ETHICS AND PROFESSIONAL CONDUCT

The AIA’s Code of Ethics is organized into three sections: Canons, Ethical Standards, and Rules of Conduct.

CANONS are overarching principles of conduct. These principles outline the responsibilities of the architect. There are six canons and they address in order: general obligations, obligations to the public, to the client, to the profession, to colleagues, and to the environment. Canons act as guidelines for architects to follow. Although failing to adhere to these guidelines won’t necessarily mean that the architect faces legal action, it can often result in the loss of business. A great deal of projects are acquired through referral and each time an architect acts in a way that goes against the canons, it has the potential to affect their present and future working opportunities.

ETHICAL STANDARDS are specific goals regarding professional performances and behavior. These standards refer to how an architect should aspire to be. Ideally, as an architect learns about what is and isn’t acceptable through experience, the architect will strive for and meet these goals on a consistent basis.

RULES OF CONDUCT refers to the mandatory rules all architects must follow. A violation of one of these rules can result in disciplinary action on behalf of the AIA. Sometimes, Rules of Conduct implement more than one Canon or Ethical Standard. When this occurs, commentary is provided to clarify or elaborate on the rule at hand; however, the commentary is not part of the code. It’s used to assist those who wish to conform to the code as well as any members charged with a violation of it.

NATIONAL ETHICS COUNCIL

The National Ethics Council is the body responsible for interpreting and enforcing the Code of Ethics. It carries out this duty using a complaint and response system through which it evaluates ethical behavior as the Code defines it. The Council also has the power to consider proposed changes to the Code as well as propose changes. When appropriate the Council will amend its Rules of Procedure to ensure that regulations remain useful and up-to-date. The Council has no jurisdiction over those architects who are not members of the AIA.

NCARB’s MODEL RULES OF CONDUCT

NCARB’s mission states that it “protects the public health, safety, and welfare by leading the regulation of the practice of architecture through the development and application of standards for licensure and credentialing of architects.” In order to carry out its mission, it follows the core values of being open, responsive, and restless. As a result of these goals, NCARB created the Model Rules of Conduct in 1977 after two years of extensive research, several drafts, and reviews with professional organizations and governmental agencies. The document consists of five overarching rules: Competence, Conflict of Interest, Full Disclosure, Compliance with Laws, and Signing and Sealing Documents.

COMPETENCE refers to the knowledge and capabilities of the architect to perform certain duties as they pertain to a project. It also includes abiding by applicable laws when designing a project and ensuring that the public health, safety, and welfare of all parties are protected.

CONFLICT OF INTEREST refers to the architect maintaining appropriate lines of communication and compensation during a project. All compensation must be recorded and approved by all parties involved before the architect may accept.

FULL DISCLOSURE refers to how the architect self-represents. The architect must not be misleading, deceptive, or false in any way. If and when the architect makes a public statement, the architect must also disclose of compensation is involved.

COMPLIANCE WITH LAWS refers to the architect’s responsibility to adhere to all laws under U.S. jurisdiction.

SIGNING AND SEALING DOCUMENTS refers to the requirement that the architect will sign and seal only those documents, which were prepared by the architect, prepared by someone under the architect’s supervision, prepared by another registered architect in the same jurisdiction, or prepared by another registered architect in any U.S. jurisdiction with an NCARB issued certification provided that the signing and sealing architect has reviewed the work.

Violations of any of these rules can result in disciplinary action ranging from a letter of admonition, which is added to public record, appropriate fines, cease-and-desist orders, a suspended license, the revocation of a license, or in extreme cases of failing to accept a disciplinary action, imprisonment.

CONCLUSION

The purpose of regulating architects is to protect the public health, safety, and welfare in a complex system including both individual and corporate practice. Accounting for fifty-four separate jurisdictions, it is essential that architects remain informed on the rules and best practices of the jurisdiction they occupy. As a means of making the practice more cohesive while ensuring that architects are held to an appropriate standard, NCARB and the AIA have each put a specific set of guidelines in place. These documents outline in detail what exactly is expected of architects and what is strictly prohibited. They allow architecture as a practice to work as intended and to keep those involved ethically responsible.