Wyo. Code R. 012-0001-10
Architects and Landscape Architects, Board of
Chapter 10: Professional Conduct and Grounds for Action
Effective Date: 12/19/2011 to 01/08/2015
Rule Type: Superceded Rules & Regulations
Reference Number: 012.0001.10.12192011
Section 1. Grounds. Each of the following acts are grounds for refusal, suspension or revocation of license pursuant to W.S. 33-4-115 and these regulations:
Section 2. Rules of Professional Conduct. The protection of the public health, safety and welfare and the best interest of the public shall be the primary guide in determining the appropriate professional conduct of persons whose activities are regulated by the Board. The following ethical standards are adopted and incorporated herein by the Board:
(i) In engaging in the practice of architecture or landscape architecture a licensee shall act with reasonable care and competence, and shall apply the technical knowledge and skill which are ordinarily applied by licensed architects or landscape architects of good standing, practicing in the same locality.
(ii) In designing a project, a licensed architect or landscape architect shall take into account all applicable state and municipal building laws and regulations. While a licensed architect and landscape 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 regulations, once having obtained such advice, a licensed architect or landscape architect shall not knowingly design a project in violation of such laws and regulations.
(iii) A licensed architect or landscape architect shall undertake to perform professional services only when he/she, together with those whom the licensed architect or landscape architect may engage as consultants, is qualified by education, training and experience in the specific technical areas involved.
(iv) No licensee shall be permitted to engage in the practice of architecture or landscape architecture if, in the Board’s judgment, such individual’s professional competence is substantially impaired by physical or mental disabilities.
(v) A licensee shall undertake to perform professional services only when he/she, together with those whom the licensee may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.
(d) Conflict of Interest.
(i) A licensed architect or landscape architect shall not accept compensation for his/her services from more than one party on a project unless the circumstances are fully disclosed to and agreed to (such disclosure and agreement to be in writing) by all interested parties.
(ii) If a licensed architect or landscape architect has any business association or direct or indirect financial interest which is substantial enough to influence his/her judgment in connection with the performance of professional services the licensed architect or landscape architect shall fully disclose, in writing, to his/her client or employer the nature of the business association or financial interest. If the client or employer objects to such association or financial interest, the licensed architect or landscape architect will either terminate such association or interest or offer to give up the commission or employment.
(iii) A licensed architect or landscape architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying or endorsing their products.
(iv) When acting as the interpreter of building contract documents and the judge of contract performance, a licensed architect or landscape architect shall render decisions impartially, favoring neither party to the contract.
(v) A licensed architect or landscape architect in a position of public trust shall not use this position to influence any public employees or the general public. Nor should any personal knowledge of confidential information gained through such service be used for personal or professional gain.
(i) A licensed architect or landscape architect, making public statements on architectural questions, shall disclose when he/she is being compensated for making such statements.
(ii) A licensed architect or landscape architect shall accurately represent to a prospective or existing client or employer his/her qualifications and the scope of his/her responsibility in connection with work for which he/she is claiming credit.
(iii) If, in the course of his/her work on a project, a licensed architect or landscape architect becomes aware of a decision taken by his/her employer or client, against such licensed architect's or landscape architect's advice, which violates applicable state or municipal building laws and regulations and which will, in the licensed architect's or landscape architect's judgment materially and adversely affect the safety to the public of the finished project, the licensed architect or landscape 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; and
(B) refuse to consent to the decision; and
(C) in circumstances where the licensed architect or landscape architect reasonably believes that other such decisions will be taken, not withstanding his/her objection, terminate his/her services with respect to the project. In the case of a termination in accordance with this sub-section (iii), the licensed architect or landscape architect shall have no liability to his/her client or employer on account of such termination.
(iv) A licensed architect or landscape architect shall not deliberately make a materially false statement or fail deliberately to disclose a material fact requested in connection with his/her application for licensure or renewal thereof.
(v) A licensed architect or landscape architect shall not assist the application for licensure of an individual known by the licensed architect or landscape architect to be unqualified in respect to education, training, experience or character.
(vi) A licensed architect or landscape architect possessing knowledge of a violation of the provisions set forth in the Act and these Rules by another licensed architect or landscape architect shall report such knowledge to the Board.
(i) A licensed architect or landscape architect shall not, in the conduct of his/her practice, knowingly violate any state or federal criminal law.
(ii) A licensed architect or landscape architect shall neither offer nor make any payment of 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 licensed architect or landscape architect is interested.
(iii) A licensed architect or landscape architect shall comply with the laws and regulations governing his/her professional practice in any United States jurisdiction.
(i) An architect or landscape architect shall prefer the client's interest over the architect's or landscape architect's interests and, when the issues are clear, the public's interest over both.
(ii) Each office in Wyoming maintained for the practice of architecture or landscape architecture shall have a licensed architect or landscape architect resident and employed in that office having direct supervision of such work.
(iii) A licensed architect or landscape architect shall not sign or seal drawings, specifications, reports or other professional work which was not prepared under his/her responsible control; provided, however, that in the case of the portions of such work prepared under the responsible control of person consulting with or employed by the architect or landscape architect and who are licensed under this or another professional licensure law of this state, the architect or landscape architect may sign or seal those portions of the professional work if the architect or landscape architect has reviewed such portions and has coordinated their preparation.
(iv) A licensed architect or landscape architect shall neither offer nor make any 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 licensed architect or landscape architect is interested.
(v) A licensed architect or landscape architect shall not engage in conduct involving fraud or wanton disregard of the rights of others.