Architectural Code of Ethics - Essay Example

Architectural of Ethics Introduction An architect provides artistry to the environment through designing spaces in which people live and work. However, it is an important aspect of architecture design to adhere to a code of ethics in order to honestly and lawfully serve his or her clients. The AIBC has constructed a code of ethics for its members in order to ensure standards of professional conduct that reflect well on the profession of architecture. The codes are put into place so that should poor behaviors be observed in the practices of an architect, the organization can discipline or ban the member from having credible status. Through the use of a clearly defined set of ethical expectations on the conduct of architects, the AIBC can define the integrity of the profession of architecture in order to supply the public with credible and competent professionals who all conform to standards of practice. The AIBC (Architectural Institute of British Columbia) is a self-regulated, independent professional organization in Canada that provides entry for architects into their professional careers. By ensuring that the education and conduct of those in the profession of architecture adhere to their standards, the organization can help the public with hiring competent and worthy members for their work. The organization provides a resource for conflict resolution, as well as and advocacy an advisory program in order to service the public for understanding how, when, and why to hire an architect. The AIBC maintains a directory of members which allows the public to hire accredited and responsible architects. In the process of defining appropriate professional behaviors and administration of the position of architect, the AIBC provides a code of ethics in order to set standards for performance (AIBC) The Code of Ethics According to Quatman and Dhar, architects must adhere to “codes of ethics, building codes and professional standards of design” ( 352). Without these standards, the safety of the public will be at risk and the integrity of the profession would be compromised. Architects are required to be licensed, which requires 5600 hours of work experience and completion of the certification examination. The AIBC provides a complete code of ethics that architects are expected to abide by in order to ensure high quality production of work. The code has been released as a PDF so that all members can review and adhere to the structure of the code. The code begins by clarifying that when the word ‘architect’ is used, it should be applied to architects, architecture firms, as well as licensees and associates of AIBC. The bylaws of the organization require that a code of ethics be created and that each member reads this code of ethics and takes the following oath: Solemnly do I declare that having read and understood the Act of the Architectural Institute of British Columbia, its Bylaws and Code of Conduct, and having passed the examinations, I am eligible for membership. Further do I announce that I will uphold professional aims, and the art, and the science, of architecture and thereby improve the environment. I also accept with obligation the need to further my education as an architect. I promise now that my professional conduct as it concerns the community, my work, and my fellow architects will be governed by the ethics and the tradition of this honourable and learned profession (AIBC 4). According to the document, “This ‘oath’ underpins and informs the profession’s fundamental obligations and expectations of its members “ (AIDC 4). The reading and acceptance of the code is designed to ensure that all members of the organization, which should include all members of the architect profession, understand their responsibilities in regard to the ethics code. The first section deals with professional engagement. The code outlines the way in which the relationship between the architect and his or her client should be formed. The laws by which agreements are entered must be followed, as well as understanding that the attention due the client must be given in regard to field visits or review of the construction. The agreement should follow the “Canadian Standard form of Agreement between Client and Architect”, unless the council agrees to another form of agreement. The architect is given the right to retain possession and copyright of his drawings and plans in order to preserve his rights to fees and reimbursable expenses for a one time use by the client (AIBC 5). The next section of the ethics code deals with competence. The first section clearly puts the responsibility of the latest decisions and developments of the practice of architecture on the architect. In other words, as laws, codes, and relevant guidelines change, the architect, in order to be deemed competent in his field, must maintain the most current standards and practices and is responsible to know the parameters of those standards and practices. In order to ensure the currency of his or her knowledge, the architect must undergo continuing education and keep the AIBC updated on their educational endeavors. In order to ensure competency, architects are charged with being very clear to themselves about their strengths and weaknesses in order to know when it is more appropriate to bring in others who have greater knowledge in a field so that high levels of standards can be maintained in the process of committing to and executing the project (AIBC 6). The next sections deal with conflicts of interest and full disclosure in order to ensure that the architect is fully informing his or her client, acting honorably when personal or professional interest might appear to come into conflict with those necessary for the project, as well as confirming that should any illegal activity be observed, that activity will be duly recorded and reported. The code also makes it clear that any observance of another architect who is violating any of the rules or codes of AIBC must also be reported. Not doing so is a violation of the privilege of membership. In keeping with the theme of disclosure, the ethic code does not allow for an architect to use his or her branding, which is the commercial interest of his or her professional career, as an endorsement for a product or service. In other words, an architect cannot promote a certain brand of light fixture or bathroom fixture for the purposes of advertising. This diminishes their integrity as a professional (AIBC 12). One of the most important aspects of the code is the reinforcement of the need to abide by all applicable laws. Bylaw 33.1 clearly states that “In practicing architecture, an architect shall not knowingly violate any law or regulation”(AIBC 12). This clear and simple statement makes it clear that the AIBC expects all of their members to conduct their business through lawful adherence to the regulatory structures that have been put into place concerning their business. The AIBC specifically includes a section that forbids giving bribes and gifts to public officials in exchange for consideration. The code holds architects responsible for laws at all levels of government, whether they be under federal, province, or municipal. Relying on the advice of others does not constitute a reason for violating any law or regulation (AIBC 13). Several pages of the code are committed to describing, advising, and regulating the ethical conduct of an architect. The way in which an architect conducts his business reflects on the integrity of the profession. The first code of conduct states that each office that conducts the business of architecture must have a certified architect working on the premises. An auxiliary office that is not directly expected to offer services to the public need not have its own architect, but any office that is open to the public for the purposes of offering business must have an architect on site and available as needed to ensure that laws and regulations are adhered to during the conduction of business. All interactions that are formal and official must be conducted with a certified and competent architect who has kept apprised of all current standards and practices, in addition to current laws and regulations. A professional seal, as required by the Architects Act of British Columbia, must be put on all official documents prepared by the architect or his staff by the certified architect whose seal is being placed (AIBC 14). The code states that architects will not bribe, provide a kickback to, or commit fraud against any client. Conduct is expected to reflect well on the integrity of the profession and any conduct that violates the integrity of the profession is subject to consequences, including competitive actions against another architect that in any way diminishes their reputation. Criticism or public statements against another architect is allowed, but the code advises against malicious gossip and generalized derogatory statements. Criticism must be worthy of note and not made as a personal attack. In addition, an architect cannot try to ‘steal’ a project from another architect and cannot accept a project in progress until the other architect has been terminated or has officially left. One architect cannot create a speculative piece of work in order to lure business away from another architect (AIBC 17). Lengthy structures are put into place by the code so that the replacement of one architect for another is done with honesty, integrity, and with officially sanctioned methods. The code of ethics also addresses the formats and structures for official competitions, ensuring that the way in which architects compete does not lead to circumstances that will diminish the integrity of the profession. Using undue influence or competing without proper entry into the competition signifies conduct that will diminish the professional appearance of the architect. Financial conduct is also addressed. The code states that money that is intended for sub-contractors must not be used by the firm, but passed to the sub-contractor. In addition, architectural fees must be in line with the Tariff of Fees for Architectural Services. The exception to this is pro bono work. The last section of the code of ethics is the Tariff of Fees for Architectural Services. This section is not intended as a price list, but provides an appropriate structure for how fees to architects should be determined. It also gives guidelines on how to structure pro bono work (AIBC 21). Purpose and Reasons for Having the Code of Ethics The purpose of the Code of Ethics for the architecture profession is to ensure that all architects are conducting their business in such a way as to best positively reflect on the overall profession. The code relates all the ways in which a professional must comply with educational requirements which are intended to ensure that the architect is competent to adhere to all current standards and regulations. The code also sets a standard on the way in which an architect will practice business. Specific references are made against bribes and fraudulent practices. These are two areas where construction often has unlawful behaviors. The code makes statements against these practices in order to frame conduct that is acceptable or unacceptable for the organization. Each province in Canada has their own professional architect organization that is responsible for licensing, thus each province has their own set of ethics with which architects must comply. When traveling between provinces, or if a U.S. firm wishes to operate within a Canadian province, as an example, a local license or a temporary license must be obtained if not associated with a local firm (Perkins 66). The code of ethics helps to frame the standards of practice within a specific locality so that the way in which business is conducted is clearly established along side the laws and regulations that govern architecture practice. Through a formal set of codes, the practice of architecture is maintained and clearly established within the province. This type of clarity supports the integrity and meaningful purposes in having a professional licensing organization. Functions and Values of the Code of Ethics The function of the code of ethics released by the AIBC is to serve as fair warning to architects about the way in which they are expected to conduct business. The code lays out ethical practices that are beyond the law, often setting interpretations of the law for the purposes of honesty. The code allows the organization to frame their expectations so that should an architect fail to meet those expectations, they have served notice and fairly warned the architect of what activities will violate their codes. The code is given value through its purpose of informing the architect, setting expectations of standards of conduct, and through the integrity that comes from strictly defining how law must be followed through appropriate conduct. As an example, one of the values of having a code of ethics is that the way in which fees are assessed can be equalized. While the United States no longer has fee schedules to set rates, Canadian provinces still set a fee tariff in order to regulate fees that architects demand. However, according to Quatman, those fees are not strictly enforced and many professionals believe that they should be eliminated. While the professional organizations are still required to set fee guidelines, they insist that this is to ensure that it is so architects are not setting their prices too low thus creating undo competition. In 1999, Macklin v Architectural Institute of British Columbia charged an architect who was willing “to receive fees which were not in accord with the prevailing fee schedule” (Quatman128). Therefore, while the AIBC claims that these are suggested fees, they do expect that they will be followed by their members. Discussion and Conclusion The code of ethics is used as a guideline in the practice of architecture in order to provide a structure for conducting business. The ethical code provides a resource from which to develop an understanding of what is ‘good’ practice as opposed to ‘bad’ practice. According to Wasserman, Palermo and Sullivan, laws most often provide for minimum standards of performance, while ethics enriches those standards with guidelines on how to follow the laws (7). The way in which to use ethics is through seeing the best possible recourse for all stakeholders in a project as they adhere to the ethical guidelines that frame the applicable laws. When the ethical guidelines fall outside of the best interests of the parties involved, the guidelines provide a failsafe on which to fall when a decision must be made that is lawful, but not to the best interests of those involved. What is right supersedes what is best, at times. Therefore, the professional integrity of the profession is maintained, even when hard decisions must be made. The Code of Ethics as outlined by the AIBC provides a code of conduct for architects in order to ensure that all architects are practicing in ways that reflect the highest levels of standards for the profession. The code lays out how to engage with clients, conduct business, and how to set fees. The AIBC requires that all architects keep their educational level current with the latest changes in laws and regulations clearly understood in order to lawfully serve the client. Because of the importance of the code, architects are required to learn what they contain and take an oath to the organization so that they are aware of the code and have expressed a willingness to follow that laws as they are ethically defined within the code. The code allows for fair competition between architects, providing a guideline for fees so that architects are not lowering their fees to an unreasonable level as this would most likely lower the quality of the work provided. The Code of Ethics should be used by all architecture firms in order to standardize the high quality of practice that is expected by the AIBC. Works Cited AIBC. Code of Ethics and Professional Conduct. AIBC. 11 February 2004. PDF. AIBC. The Architectural Institute of British Columbia. 2011. Web. 26 March 2011. Perkins, L B. International Practice for Architects. Hoboken, N.J: John Wiley & Sons, 2008. Print. Quatman, G. W. Design-build for the design professional. New York. Aspen Publishers, 2004. Print. Quatman, G W, and Ranjit Dhar. The Architect's Guide to Design-Build Services. Hoboken, N.J: John Wiley & Sons, 2003. Print. Wasserman, Barry L, Gregory Palermo, and Patrick Sullivan. Ethics and the Practice of Architecture. New York: Wiley, 2000. Print. Read More