Original Notice.

Preproposal statement of inquiry was filed as WSR 00-11-172.

Title of Rule: Architect program, WAC 308-12-321 Competence, 308-12-322 Conflict of interest, 308-12-323 Full disclosure, 308-12-324 Compliance with laws, and 308-12-325 Professional conduct.

Purpose: The above rules are being revised to clarify and simplify the language and requirements, with no major changes to the content or the intent of the rules.

Statutory Authority for Adoption: RCW 18.08.340.

Statute Being Implemented: RCW 18.08.440.

Summary: The rules listed above are being reviewed in accordance with the Governor's Executive Order 97-02. Minor housekeeping changes were made to clarify wording.

Reasons Supporting Proposal: The rules are being modified for clarity and ease of understanding.

Name of Agency Personnel Responsible for Drafting: Joan Y. Robinson, 405 Black Lake Boulevard, 664-1387; Implementation and Enforcement: Margaret Epting, 405 Black Lake Boulevard, 664-1386.

Name of Proponent: Board of Registration for Architects, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The content of the rules reviewed spells out what is expected of a state of Washington licensed architect to safeguard life, health and property and to promote the public welfare.

     The anticipated effect would be to ensure the language is more clear and easy to understand by the architect profession and general public.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The meaning and content of the statute was not changed and would have no economic impact on small business.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Department of licensing is not one of the agencies listed in this statute.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Olympia, WA 98507, on September 11, 2000, at 9 a.m.

Assistance for Persons with Disabilities: Contact Joan Robinson by September 11, 2000, TDD (360) 586-2788, or (360) 664-1387.

Submit Written Comments to: Margaret Epting, P.O. Box 9045, Olympia, WA 98507-9045, fax (360) 664-2551, by September 8, 2000.

Date of Intended Adoption: September 11, 2000.

July 21, 2000

Margaret Epting

Administrator

OTS-3789.2

AMENDATORY SECTION(Amending Order PL 560, filed 10/17/85)

WAC 308-12-321
Competence.

(1) ((In)) When practicing architecture, an architect ((shall)) must act with reasonable care and competence, and ((shall)) must apply the technical knowledge and skill which is ordinarily applied by architects of good standing, practicing in the same locality.

     (2) ((In)) When designing a project, an architect ((shall)) must 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 regulations((, once having obtained such advice,)). An architect ((shall)) must not knowingly design a project in violation of such laws and regulations.

     (3) An architect ((shall undertake to)) must perform professional services only when ((he or she)) 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) No person ((shall)) will be permitted to practice architecture if, in the board's judgment, such person's professional competence is substantially impaired by physical or mental disabilities.

[Statutory Authority: 1985 c 37 § 5.      85-21-065 (Order PL 560), § 308-12-321, filed 10/17/85.]

(1) An architect ((shall)) must not accept compensation for ((his or 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.

     (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 his or her performance of professional services,)) The architect ((shall)) must fully disclose in writing to ((his or her)) the client or employer the nature of ((the)) any business association or direct or indirect financial interest((, and if the client)) which is substantial enough to influence the architect's judgment in connection with the performance of professional services. 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)) must 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)) must render decisions impartially, favoring neither party to the contract.

[Statutory Authority: 1985 c 37 § 5.      85-21-065 (Order PL 560), § 308-12-322, filed 10/17/85.]

(1) An architect((, making public statements on architectural questions, shall)) must disclose ((when he or she is being compensated)) any compensation received for making ((such)) public statements on architectural questions.

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

     (3) ((If,)) In the course of ((his or her)) work on a project, if an architect becomes aware of a decision ((taken)) made by ((his or her)) the 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 ((adversely)) the safety to the public of the finished project, the architect ((shall)) must:

     (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)) Terminate services on the project when the architect reasonably believes that ((other such)) decisions will be ((taken notwithstanding his)) made against the architect's objection((, terminate his services with reference to the project)).

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

     (4) An architect ((shall)) must not deliberately make a materially false statement or deliberately fail ((deliberately)) to disclose a material fact ((requested)) in connection with ((his or her)) the application for registration or renewal.

     (5) An architect ((shall)) must not assist ((the application)) a person in applying for registration ((of a person known by the architect to be)) when the architect knows the applicant is unqualified in ((respect to)) education, training, experience, or character.

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

[Statutory Authority: 1985 c 37 § 5.      85-21-065 (Order PL 560), § 308-12-323, filed 10/17/85.]

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

     (2) An architect ((shall neither)) must not offer ((nor)) 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.

     (3) An architect ((shall)) must comply with the registration laws and regulations governing his or her professional practice.

[Statutory Authority: RCW 18.08.340.      97-03-121, § 308-12-324, filed 1/21/97, effective 2/21/97.      Statutory Authority: 1985 c 37 § 5.      85-21-065 (Order PL 560), § 308-12-324, filed 10/17/85.]

(1) ((Each)) An office maintained for the preparation of drawings, specifications, reports, or other professional work ((shall)) must have an architect resident ((and)) regularly employed in that office ((having)) with direct knowledge and supervisory control of such work.

     (2) An architect ((shall neither)) must not offer ((nor make)) or provide 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.

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

[Statutory Authority: 1985 c 37 § 5.      85-21-065 (Order PL 560), § 308-12-325, filed 10/17/85.]

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