ProfPrac2 Module-1.pdf

BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES AR a419 Professional Practice-2 Administering the Regular Services of the Architect  BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES MODULE -1 a. The Virtues of an Architect b. The Architect’s Credo c. The 2006 Code of E...

BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES AR a419 Professional Practice-2 Administering the Regular Services of the Architect  BAYOMBONG, NUEVA VIZCAYA, PHILIPPINES MODULE -1 a. The Virtues of an Architect b. The Architect’s Credo c. The 2006 Code of Ethical Conduct (UAP Doc 200)  ARCHITECTURE “Architecture” is the art, science or profession of planning, designing and constructing buildings in their totality taking into account their environment, in accordance with the principles of utility, strength and beauty; - Article 1 Sec 3(1) RA 9266  PROFESSION “Scope of the Practice of Architecture” encompasses the provision of professional services in connection with site, physical and planning and the design, construction, enlargement, conservation, renovation, remodeling, restoration or alteration of a building or group of buildings. - Article 1 Sec 3(4) RA 9266 The Virtues of an Architect “May the Architect be high-minded; not arrogant, but faithful; Just, and easy to deal with, without avarice; Not let his mind be occupied in receiving gifts, But let him preserve his good name with dignity... Marcus Vitruvius Pollio General Provisions Code of Ethical Conduct Traits of Architects The profession of Architecture calls for men and women of the highest integrity, responsiveness, business acumen, sensibility, as well as artistic and technical ability Duties and Responsibilities The Architect’s honesty of purpose must be beyond reproach The Architect acts as professional adviser to his/her Client and his/her advice must be unprejudiced The Architect is charged with the exercise of mediation and conciliation functions between Client and Contractor and must act with entire impartiality Duties and Responsibilities He/she has moral responsibilities to his/her professional associates and subordinates He/she is engaged in a profession which carries with it grace responsibilities to the public The Public Code of Ethical Conduct Environment/Heritage He/she respect and conserve the systems of values and heritage of the community in which he/she creates architecture He/she strive to improve the environment in a sustainable manner, mindful of the effect of his/her work on the interests of all those who use the product of his/her work The professional organization He/she promote the interest of his/her professional organization and do his/her full part of the work to enhance the objectives of the organization. He/she should share in the interchange of technical information with the other design professions and the construction industry. Laws He/she shall abide by the laws of the government and comply with the Code of Ethical Conduct and the Standards of Professional Practice. He/she shall endeavor to properly observe the laws on the practice of architecture and on the planning and design of buildings. Paid advertisement He/she not use paid advertisement, nor use self- laudatory, exaggerated or misleading publicity. However, he/she may, in the context of advancing public knowledge of the Architect’s function in society, opt to write books/columns/literature or actively participate in forums/seminars In the process, he/she will show his/her own true worth as a professional, in which case he/she may receive remuneration or honorarium of such undertakings. Paid advertisement Shall not solicit, nor permit to solicit in his name, advertisements or other support towards the cost of any publication presenting his work. He/she shall refrain from taking part in paid advertisement endorsing any materials of construction or building equipment. Claiming of specializations Shall not deceive the public as to his professional competence nor claim any professional specialization unless supported by academic qualification, track record or relevant expertise Business signages May exhibit his/her professional shingle outside his/her office or display a project billboard indicating relevant information, which may include pictorial reproduction thereof in a modest manner. The Client Code of Ethical Conduct Public before client The Architect shall always endeavor to protect the Client’s interest bur never at the expense of higher public interests and public welfare. No free services Shall introduce to a prospective client the professional services he/she is able to perform, provided that it is limited to the presentation of examples of his/her professional experience. He/she shall not offer preliminary sketches or other services without a service agreement. Setting expectations Shall ascertain from the client, at the very inception of their business relationship, the exact nature and scope of her services and properly inform the client of the corresponding professional fees. Project feasibility Shall advise a client against proceeding with any project whose practicability may be questionable due to financial or legal conditions, even if it may mean the loss of commission to the Architect. Estimates Shall explain the conditional character of estimates and shall never guarantee any estimates in order to secure a commission, unless provided for by law, as in certain government projects. Client’s needs vs. budget Shall consider the needs of his/her client and the effects of his/her work on the public as a whole Shall endeavor to meet the aesthetic and functional requirements of the project commensurate with the client’s budget Charging for services Shall bill his/her client for services rendered a professional fee commensurate with the work involved and with his/her professional standing/experience based on the Basic Minimum Fee prescribed in the SPP Design-build Shall undertake the construction of a project even when the plans were prepared by his/her when it conforms with the pertinent sections of the Standards of Professional Practice Professional fees only Shall be compensated for his/her services solely through his/her professional fee billed directly to the client. He/she shall not ask for any other returns in whatever form, form any interested source other than the client. Conflicting interests Shall be free from any financial or personal interests which tend to weaken his/her standing as an unprejudiced and honest adviser, free to act in her client’s best interests. If the Architect has any other business interests which affect the interest of the client, she should inform the client of such a condition or situation. Alternative dispute resolution Shall include in his/her agreement with the client a clause providing for negotiation, mediation/conciliation and or arbitration as alternative methods for the settlement of disputes. Timeliness and schedule Shall carry out his/her professional work without undue delay and within an agreed reasonable time limit. Updating the client Shall keep the client informed at all times of the progress of the wok and of any issue that may affect the project quality and cost. The Contractor Code of Ethical Conduct Fair to both contractor/client The contractor depends upon the Architect to safeguard fairly the Contractor’s interest as well as those of the Client Clarity of contract documents Shall give the contractor every reasonable assistance to enable the contractor to fully understand the contents of the Contract Documents Shall furnish clear, definite and consistent information in all contact documents to avoid mistakes that may involve extra costs to either the contractor or the client Remedy for errors in drawings Shall not knowingly call ion the contractor to correct or remedy oversights or errors in the Contract Document to the contractor’s or the client’s financial disadvantage. Rejecting/ condemning work Shall, immediately upon his personal knowledge and inspection, reject or condemn any material, equipment Accepting favors/gifts Shall reject any offer of free professional engineering or allied design service or receive and substantial aid, gifts, commissions, or favors from any contractor or subcontractor which will tend to place him under any kind of obligation to return such favors. Payments due to the contractor Shall promptly inspect each phase of the completed work and, if found to be in accordance to the terms of the Contract Documents, issue the corresponding, Certificates of Payment and the Final Certificate of Completion to the Contractor. Manufacturers, Dealers, Agents Code of Ethical Conduct Solicitation of free services Shall not solicit free professional engineering/ allied design or other technical services from manufacturers or suppliers of building materials or equipment when these are accompanied by an obligation detrimental to the best interest of the client, or which may adversely affect the Architect’s professional opinion. Commissions, gifts, discounts Shall not seek commissions, discounts, fees, gifts, or favors from agents or firms handling building materials or equipment which may place him/her in a reciprocal frame of mind. All market discounts shall be credited to the client. Colleagues and Subordinates Code of Ethical Conduct No free service Shall not render professional services without a professional service agreement. He/she shall neither offer nor provide preliminary services on a conditional basis prior to definite agreement with the client for the commission of the project. Minimum fees Shall abide by the Basic Minimum Fee prescribed by the SPP. He/she shall not use donation of professional services as a device for obtaining competitive advantage except for worthy civic or religious projects. Competition entries Neither shall she submit solicited or unsolicited drawings in competition with other Architects unless such competitive arrangements are conducted under the terms of the Architectural Competition Code. Competitions Shall not, in any case, enter as competitor in any Architectural Competition when he/she has direct involvement in the formulation of the competition program or when he/she has been engaged to act as Professional Adviser or Juror for such competition. Poaching projects from others Shall not solicit any project already known to his/her as previously committed to another Architect, whether such a commitment is still in the process of negotiation or has already been definitely agreed upon. Taking over a project Shall not undertake a commission for which he/she knows that another Architect has been previously employed unless he/she notifies the other Architect in writing and has conclusively determined that the original employment has been terminated and duly compensated for. Renovations/ rehabilitations Shall not undertake a commission for additions, rehabilitation, or remodeling of any erected structure undertaken previously by another Architect without duly notifying him of the contemplated project even when the owner is no longer the same. Renovations/ rehabilitations When the greater mass, area or design of the original structure is substantially maintained, the new Architect should limit hi/her advertisement or claim only to the extent of the specific work he/she has done to the structure. Whenever the nature of work involves examples of our architectural heritage, the Architect must look at all possibilities of restoration. Badmouthing other architects Shall not maliciously, or unfairly criticize, or discredit another Architect or the latter’s work. Unflattering associations Shall refrain from associating herself with, or allowing the use of his/her name by any enterprise that may negatively affect herself or the architectural profession. Signing and sealing plans Shall not affix his/her signature and seal to any plans or professional documents prepared by other persons or entities and not done under his/her direct personal supervision. Employees and subordinates Shall provide employees and subordinates with a suitable work environment, compensate them fairly and facilitate their professional advancement. He/she shall tutor and mentor the young aspirants towards the ideals, functions, duties and responsibilities leading to the ethical practice of the architectural profession. Unselfishness Shall unselfishly give his/her share in the transfer of technical knowledge and experience to his/her colleagues and young aspirants and do his/her part in fostering unity in the furtherance of the profession. Supporting the IAPOA Shall unselfishly give her time and effort to the advancement of the profession thru his/her active and personal commitment and involvement with the Integrated and Accredited Professional Organization of Architects (IAPOA) Quality of work Shall ensure that the conduct of her professional practice abides by appropriate and effective internal procedures, including monitoring and review processes, as well as sufficient qualified and supervised staff to enable the firm to function efficiently. Intellectual property Shall neither appropriate the intellectual property of, nor unduly take advantage of the ideas of another architect, without express authority from the originating architect. Reputation Shall build his/her professional reputation on the merits of his/her own service and performance and shall strive to continuously update his/her professional know-how. He/she shall recognize and give credit to others for professional work performed. Quoting fees Shall not, when offering services as an independent consultant, quote a fee without first receiving an official invitation. The Architect must have sufficient information on the nature and scope of the project to enable him/her to prepare a fee proposal clearly indicating the services included in order to protect the Client and the public from under-resourcing or underpricing by some unscrupulous parties. Service agreement Shall not undertake professional work unless the parties shall have clearly agreed on the following: 1. Scope of work 2. Delineation of responsibilities 3. Any limitation of responsibilities 4. Fee or method of calculating it 5. Mode of alternative dispute resolution 6. Any provision for termination Raising the standards Shall continue to raise the standards of aesthetic excellence, functional logic, architectural education, research, training and practice. Promotion of the allied arts Shall, as appropriate, promote the allied arts and contribute to the knowledge and capability of the construction industry. Reporting violations If he/she possesses substantial information which leads to a reasonable belief that another Architect has committed a violation of this Code, shall file a formal complaint. Copies of drawings If he/she is leaving his/her architect-employer, she shall not, without the permission of the latter, take with his/her designs, drawings, data or other relevant materials even if personally performed by him/her. On the other hand, the architect-employer shall not unreasonably withhold such permission, except when some confidentiality of any such documents must be reasonably protected. Discrimination Shall not discriminate on grounds of race, national origin, age, gender, marital status, religion, or any disability which would hinder the performance of his/her professional work. Architect’s Credo Code of Ethical Conduct Architect’s Credo Any registered and licensed architect shall recite the Architect’s Credo during special or important occasions, e.g. mass oath-taking, IAPOA affairs, PRBOA events. The Architect’s Credo shall be the following: Architect’s Credo I shall uphold the ideals and follow the norms and ethical conduct of this noble profession. Architect’s Credo I shall pursue moral and professional excellence to the utmost level of integrity through industrious dedication and meaningful application to my work that merits a reputation for quality of services worthy of fair remuneration. Architect’s Credo I shall pledge myself to the highest standard of professionalism in relation to clients, colleagues, industry partners and society. Architect’s Credo I shall dedicate myself to the pursuit of creative endeavor towards the goal of enlightened Art & Science, generously sharing it. Architect’s Credo I shall respect the rights and works of my colleagues in the profession and confine my comments to constructive intents. Architect’s Credo I shall endeavor to do my duty in the protection of our common environment and the preservation of architectural heritage for the sake of the present and future generations so help me God. Miscellaneous Code of Ethical Conduct Liabilities/Penalties Any registered and licensed architect or a grantee of a temporary/special permit who violates any provisions of this Code shall be penalized with: suspension or revocation of the validity of certificate of registration, or cancellation of a special/temporary permit and/or a fine of not less than 100,000 but not more than 5,000,000 or to suffer imprisonment for a period of not less than six months or not exceeding six years, or both at the discretion of the court, repectively. End of module Code of Ethical Conduct