FROM THE OFFICE OF GENERAL COUNSEL
2012
Code
of
Ethics
&
Professional
Conduct
Preamble
Members of The American Institute of Architects are dedicated
to the highest standards of professionalism, integrity, and
competence. This Code of Ethics and Professional Conduct
states guidelines for the conduct of Members in fulfilling those
obligations. The Code is arranged in three tiers of statements:
Canons, Ethical Standards, and Rules of Conduct:
Canons are broad principles of conduct.
Ethical Standards (E.S.) are more specific goals toward
which Members should aspire in professional performance
and behavior.
Rules of Conduct (Rule) are mandatory; violation of a
Rule is grounds for disciplinary action by the Institute.
Rules of Conduct, in some instances, implement more
than one Canon or Ethical Standard.
The Code applies to the professional activities of all classes of
Members, wherever they occur. It addresses responsibilities to
the public, which the profession serves and enriches; to the
clients and users of architecture and in the building industries,
who help to shape the built environment; and to the art and
science of architecture, that continuum of knowledge and
creation which is the heritage and legacy of the profession.
CANON
I
General Obligations
Members should maintain and advance
their knowledge of the art and science of
architecture, respect the body of architectural accomplishment, contribute to its
growth, thoughtfully consider the social
and environmental impact of their professional activities, and exercise learned and
uncompromised professional judgment.
E.S. 1.1 Knowledge and Skill:
Members should strive to
improve their professional
knowledge and skill.
Rule
1.101
In practicing architecture,
Members shall demonstrate a
Commentary is provided for some of the Rules of Conduct. That
commentary is meant to clarify or elaborate the intent of the rule.
The commentary is not part of the Code. Enforcement will be
determined by application of the Rules of Conduct alone; the
commentary will assist those seeking to conform their conduct
to the Code and those charged with its enforcement.
Statement in Compliance With Antitrust Law
The following practices are not, in themselves, unethical,
unprofessional, or contrary to any policy of The American
Institute of Architects or any of its components:
(1) submitting, at any time, competitive bids or price
quotations, including in circumstances where price is
the sole or principal consideration in the selection of an
architect;
(2) providing discounts; or
(3) providing free services.
Individual architects or architecture firms, acting alone and not
on behalf of the Institute or any of its components, are free to
decide for themselves whether or not to engage in any of these
practices. Antitrust law permits the Institute, its components, or
Members to advocate legislative or other government policies or
actions relating to these practices. Finally, architects should
continue to consult with state laws or regulations governing the
practice of architecture.
consistent pattern of reasonable
care and competence, and shall
apply the technical knowledge
and skill which is ordinarily
applied by architects of good
standing practicing in the same
locality.
Commentary: By requiring a consistent
pattern of adherence to the common law
standard of competence, this rule allows
for discipline of a Member who more than
infrequently does not achieve that
standard. Isolated instances of minor
lapses would not provide the basis for
discipline.
E.S. 1.2 Standards of Excellence:
Members should continually
seek to raise the standards of
aesthetic excellence, archi-
tectural education, research,
training, and practice.
E.S. 1.3 Natural and Cultural Heritage:
Members should respect and
help conserve their natural and
cultural heritage while striving to
improve the environment and the
quality of life within it.
E.S. 1.4 Human Rights:
Members should uphold human
rights in all their professional
endeavors.
Rule
1.401
Members shall not discriminate
in their professional activities
on the basis of race, religion,
gender, national origin, age,
disability, or sexual orientation.
2012 CODE OF ETHICS AND PROFESSIONAL CONDUCT
E.S. 1.5 Allied Arts & Industries:
Members should promote allied
arts and contribute to the
knowledge and capability of the
building industries as a whole.
CANON
II
Obligations to the Public
Members should embrace the spirit
and letter of the law governing their
professional affairs and should promote
and serve the public interest in their
personal and professional activities.
E.S. 2.1 Conduct:
Members should uphold the law
in the conduct of their
professional activities.
Rule
2.101
Members shall not, in the
conduct of their professional
practice, knowingly violate the
law.
Commentary: The violation of any law,
local, state or federal, occurring in the
conduct of a Members professional
practice, is made the basis for discipline
by this rule. This includes the federal
Copyright Act, which prohibits copying
architectural works without the
permission of the copyright owner.
Allegations of violations of this rule must
be based on an independent finding of a
violation of the law by a court of
competent jurisdiction or an
administrative or regulatory body.
Rule
2.102
Members shall neither offer nor
make any payment or gift to a
public official with the intent
of influencing the officials
judgment in connection with an
existing or prospective project in
which the Members are
interested.
Commentary: This rule does not prohibit
campaign contributions made in
conformity with applicable campaign
financing laws.
Rule
2.103
Rule
2.104
Members serving in a public
capacity shall not accept
payments or gifts which are
intended to influence their
judgment.
Members shall not engage in
conduct involving fraud or
wanton disregard of the rights
of others.
Commentary: This rule addresses serious
misconduct whether or not related to a
Members professional practice. When an
alleged violation of this rule is based on a
violation of a law, or of fraud, then its
proof must be based on an independent
finding of a violation of the law or a
finding of fraud by a court of competent
jurisdiction or an administrative or
regulatory body.
If, in the course of their work on
a project, the Members become
aware of a decision taken by
their employer or client which
violates any law or regulation
and which will, in the Members
judgment, materially affect
adversely the safety to the public
of the finished project, the
Members shall:
(a) advise their employer or
client against the decision,
(b) refuse to consent to the
decision, and
(c) report the decision to the
local building inspector or other
public official charged with the
enforcement of the applicable
laws and regulations, unless the
Members are able to cause the
matter to be satisfactorily
resolved by other means.
Commentary: This rule extends only to
violations of the building laws that
threaten the public safety. The obligation
under this rule applies only to the safety
of the finished project, an obligation
coextensive with the usual undertaking of
an architect.
professionals, and should strive
to improve public appreciation
and understanding of architecture
and the functions and
responsibilities of architects.
Rule
2.301
Rule
2.105
Rule
2.106
Members shall not counsel or
assist a client in conduct that the
architect knows, or reasonably
should know, is fraudulent or
illegal.
E.S. 2.2 Public Interest Services:
Members should render public
interest professional services,
including pro bono services, and
encourage their employees to
render such services. Pro bono
services are those rendered
without expecting compensation,
including those rendered for
indigent persons, after disasters,
or in other emergencies.
E.S. 2.3 Civic Responsibility:
Members should be involved in
civic activities as citizens and
Members making public
statements on architectural issues
shall disclose when they are
being compensated for making
such statements or when they
have an economic interest in the
issue.
CANON
III
Obligations to the Client
Members should serve their clients
competently and in a professional manner,
and should exercise unprejudiced and
unbiased judgment when performing all
professional services.
E.S. 3.1 Competence:
Members should serve their
clients in a timely and competent
manner.
Rule
3.101
In performing professional
services, Members shall take into
account applicable laws and
regulations. Members may rely
on the advice of other qualified
persons as to the intent and
meaning of such regulations.
Rule
3.102
Members shall undertake to
perform professional services
only when they, together with
those whom they may engage as
consultants, are qualified by
education, training, or experience
in the specific technical areas
involved.
Commentary: This rule is meant to ensure
that Members not undertake projects that
are beyond their professional capacity.
Members venturing into areas that
require expertise they do not possess
may obtain that expertise by additional
education, training, or through the
retention of consultants with the
necessary expertise.
Rule
3.103
Members shall not materially
alter the scope or objectives of
a project without the clients
consent.
2012 CODE OF ETHICS AND PROFESSIONAL CONDUCT
E.S. 3.2 Conflict of Interest:
Members should avoid conflicts
of interest in their professional
practices and fully disclose all
unavoidable conflicts as they
arise.
Rule
3.201
A Member shall not render
professional services if the
Members professional judgment
could be affected by responsibilities to another project or
person, or by the Members own
interests, unless all those who
rely on the Members judgment
consent after full disclosure.
Commentary: This rule is intended to
embrace the full range of situations that
may present a Member with a conflict
between his interests or responsibilities
and the interest of others. Those who are
entitled to disclosure may include a client,
owner, employer, contractor, or others
who rely on or are affected by the
Members professional decisions. A
Member who cannot appropriately communicate about a conflict directly with an
affected person must take steps to ensure
that disclosure is made by other means.
Rule
3.202
When acting by agreement of the
parties as the independent interpreter of building contract documents and the judge of contract
performance, Members shall
render decisions impartially.
Commentary: This rule applies when the
Member, though paid by the owner and
owing the owner loyalty, is nonetheless
required to act with impartiality in
fulfilling the architects professional
responsibilities.
E.S. 3.3 Candor and Truthfulness:
Members should be candid and
truthful in their professional
communications and keep their
clients reasonably informed
about the clients projects.
Rule
3.301
Members shall not intentionally
or recklessly mislead existing or
prospective clients about the
results that can be achieved
through the use of the Members
services, nor shall the Members
state that they can achieve results
by means that violate applicable
law or this Code.
Commentary: This rule is meant to
preclude dishonest, reckless, or illegal
representations by a Member either in
the course of soliciting a client or during
performance.
should seek counsel before reporting on
another under this rule.
E.S. 3.4 Confidentiality:
Members should safeguard the
trust placed in them by their
clients.
Rule
4.102
Rule
3.401
Members shall not knowingly
disclose information that would
adversely affect their client or
that they have been asked to
maintain in confidence, except as
otherwise allowed or required by
this Code or applicable law.
Commentary: To encourage the full and
open exchange of information necessary
for a successful professional relationship,
Members must recognize and respect the
sensitive nature of confidential client
communications. Because the law does
not recognize an architect-client
privilege, however, the rule permits a
Member to reveal a confidence when a
failure to do so would be unlawful or
contrary to another ethical duty imposed
by this Code.
CANON
IV
Obligations to the Profession
Members should uphold the integrity and
dignity of the profession.
E.S. 4.1 Honesty and Fairness:
Members should pursue their
professional activities with
honesty and fairness.
Rule
4.101
Members having substantial
information which leads to a
reasonable belief that another
Member has committed a
violation of this Code which
raises a serious question as to
that Members honesty,
trustworthiness, or fitness as a
Member, shall file a complaint
with the National Ethics Council.
Commentary: Often, only an architect can
recognize that the behavior of another
architect poses a serious question as to
that others professional integrity. In
those circumstances, the duty to the
professionals calling requires that a
complaint be filed. In most jurisdictions, a
complaint that invokes professional
standards is protected from a libel or
slander action if the complaint was made
in good faith. If in doubt, a Member
Members shall not sign or seal
drawings, specifications, reports,
or other professional work for
which they do not have
responsible control.
Commentary: Responsible control means
the degree of knowledge and supervision
ordinarily required by the professional
standard of care. With respect to the work
of licensed consultants, Members may
sign or seal such work if they have
reviewed it, coordinated its preparation,
or intend to be responsible for its
adequacy.
Rule
4.103
Members speaking in their
professional capacity shall not
knowingly make false statements
of material fact.
Commentary: This rule applies to
statements in all professional contexts,
including applications for licensure and
AIA membership.
E.S. 4.2 Dignity and Integrity:
Members should strive, through
their actions, to promote the
dignity and integrity of the
profession, and to ensure that
their representatives and
employees conform their
conduct to this Code.
Rule
4.201
Members shall not make
misleading, deceptive, or false
statements or claims about their
professional qualifications,
experience, or performance and
shall accurately state the scope
and nature of their responsibilities in connection with work
for which they are claiming
credit.
Commentary: This rule is meant to
prevent Members from claiming or
implying credit for work which they did
not do, misleading others, and denying
other participants in a project their
proper share of credit.
Rule
4.202
Members shall make reasonable
efforts to ensure that those over
whom they have supervisory
authority conform their conduct
to this Code.
Commentary: What constitutes
reasonable efforts under this rule is a
common sense matter. As it makes sense
to ensure that those over whom the
2012 CODE OF ETHICS AND PROFESSIONAL CONDUCT
architect exercises supervision be made
generally aware of the Code, it can also
make sense to bring a particular
provision to the attention of a particular
employee when a situation is present
which might give rise to violation.
CANON
V
Obligations to Colleagues
Members should respect the rights and
acknowledge the professional aspirations
and contributions of their colleagues.
E.S. 5.1 Professional Environment:
Members should provide their
associates and employees with
a suitable working environment,
compensate them fairly, and
facilitate their professional
development.
E.S. 5.2 Intern and Professional
Development:
Members should recognize and
fulfill their obligation to nurture
fellow professionals as they
progress through all stages of
their career, beginning with
professional education in the
academy, progressing through
internship and continuing
throughout their career.
Rule
5.201
Members who have agreed to
work with individuals engaged in
an architectural internship
program or an experience
requirement for licensure shall
reasonably assist in proper and
timely documentation in
accordance with that program.
E.S. 5.3 Professional Recognition:
Members should build their
professional reputation on the
merits of their own service and
performance and should
recognize and give credit to
others for the professional work
they have performed.
Rule
5.301
Members shall recognize and
respect the professional
contributions of their employees,
employers, professional
colleagues, and business
associates.
Rule
5.302
Members leaving a firm shall
not, without the permission of
their employer or partner, take
designs, drawings, data, reports,
notes, or other materials relating
to the firms work, whether or
not performed by the Member.
Rule
5.303
A Member shall not
unreasonably withhold
permission from a departing
employee or partner to take
copies of designs, drawings,
data, reports, notes, or other
materials relating to work
performed by the employee or
partner that are not confidential.
Commentary: A Member may impose
reasonable conditions, such as the
payment of copying costs, on the right of
departing persons to take copies of their
work.
Enforcement
The Bylaws of the Institute state
procedures for the enforcement of the
Code of Ethics and Professional
Conduct. Such procedures provide that:
(1) Enforcement of the Code is
administered through a National Ethics
Council, appointed by the AIA Board of
Directors.
(2) Formal charges are filed directly with
the National Ethics Council by Members,
components, or anyone directly aggrieved
by the conduct of the Members.
CANON
VI
(3) Penalties that may be imposed by the
National Ethics Council are:
(a) Admonition
(b) Censure
(c) Suspension of membership for
a period of time
(d) Termination of membership.
Obligations to the Environment
(4) Appeal procedures are available.
Members should promote sustainable
design and development principles in their
professional activities.
(5) All proceedings are confidential, as is
the imposition of an admonishment;
however, all other penalties shall be made
public.
E.S. 6.1 Sustainable Design:
In performing design work,
Members should be environmentally responsible and
advocate sustainable building
and site design.
E.S. 6.2 Sustainable Development:
In performing professional
services, Members should
advocate the design,
construction, and operation
of sustainable buildings and
communities.
E.S. 6.3 Sustainable Practices:
Members should use sustainable
practices within their firms and
professional organizations, and
they should encourage their
clients to do the same.
RULES
OF
APPLICATION,
ENFORCEMENT,
AND
AMENDMENT
Application
The Code of Ethics and Professional
Conduct applies to the professional
activities of all members of the AIA.
Enforcement of Rules 4.101 and 4.202
refer to and support enforcement of other
Rules. A violation of Rules 4.101 or 4.202
cannot be established without proof of a
pertinent violation of at least one other
Rule.
Amendment
The Code of Ethics and Professional
Conduct may be amended by the
convention of the Institute under the same
procedures as are necessary to amend the
Institutes Bylaws. The Code may also be
amended by the AIA Board of Directors
upon a two-thirds vote of the entire
Board.
*2012 Edition. This copy of the Code of
Ethics is current as of September 2012.
Contact the General Counsels Office for
further information at (202) 626-7348.