Sec.20-368-14a. Rules of professional conduct

(a) Competence

(1) In engaging in the practice of landscape architecture, a landscape architect shall act with reasonable care and competence, and shall apply the technical knowledge and skill which are ordinarily applied by landscape architects of good standing, practicing in the same locality.

(2) In designing a project, a landscape architect shall take into account applicable federal, state and municipal laws and regulations. A landscape architect shall not knowingly design a project in violation of such laws and regulations.

(3) A landscape architect shall undertake to perform professional services only when the landscape architect, together with those whom the landscape architect may engage as consultants, is qualified by education, training, and experience in the specific technical areas involved.

(4) No individual shall be permitted to engage in the practice of landscape architecture if, in the board's or the department's judgment, such individual's professional competence is substantially impaired by physical or mental disabilities. The board or the department shall not, in taking action against a license holder on the basis of such a condition, violate the provisions of Section 46a-73 of the Connecticut General Statutes or the Federal Americans With Disabilities Act.

(b) Conflict of interest

(1) A landscape architect shall not accept compensation for services from more than one party on a project unless the circumstances are fully disclosed to, and agreed to, by all interested parties. Such disclosure and agreement shall be in writing.

(2) If a landscape architect has any business association or direct or indirect financial interest which is substantial enough to influence the landscape architect's judgment in connection with the landscape architect's performance of professional services, the landscape architect shall fully disclose in writing to the client or employer the nature of the business association or financial interest, and, if the client or employer objects to such association or financial interest, the landscape architect shall either terminate such association or interest, or offer to give up the commission or employment.

(3) A landscape architect shall not solicit or accept compensation from material or equipment suppliers in return for specifying any of such suppliers' products.

(4) A landscape architect shall not solicit or accept compensation from a contractor in return for selecting such contractor for work on a project.

(5) When acting as the interpreter of contract documents and the judge of contract performance, a landscape architect shall render decisions impartially, favoring neither party to the contract.

(c) Full disclosure

(1) A landscape architect, making public statements on landscape architectural questions, shall disclose when the landscape architect is being compensated for making such statements.

(2) A landscape architect shall accurately represent to a prospective or existing client or employer his or her qualifications and the scope of his or her responsibility in connection with work for which the landscape architect is claiming credit.

(3) If, in the course of the landscape architect's work on a project, a landscape architect becomes aware of a decision taken by the landscape architect's employer or client, against such landscape architect's advice, which violates applicable state or municipal building or land use codes or laws, and which will, in the landscape architect's judgment, materially and adversely affect the health, safety and welfare of the public, the 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;

(B) Refuse to consent to the decision; and

(C) In circumstances where the landscape architect reasonably believes that other such decisions will be taken, notwithstanding his or her objections, terminate his or her services with respect to the project. If a landscape architect terminates services in accordance with this subparagraph, the landscape architect shall not be considered to be in violation of this section for such termination of services.

(4) A landscape architect shall not make a materially false statement or fail to disclose a material fact requested in connection with his or her application for a license or renewal thereof.

(5) A landscape architect shall not assist the application for a license of an individual known by the landscape architect to be unqualified in respect to education, training, experience, or character.

(6) A landscape architect possessing knowledge of a violation of the provisions set forth in Sections 20-368-1a to 20-368-16a, inclusive, of the Regulations of Connecticut State Agencies by another landscape architect shall report such knowledge to the department.

(d) Compliance with laws

(1) A landscape architect shall not, while engaging in the practice of landscape architecture, violate any state or federal statute or regulation.

(2) A landscape architect shall comply with the registration laws and regulations governing the landscape architect's professional practice in any jurisdiction in which the landscape architect is practicing.

(e) Professional conduct

(1) Each office in Connecticut maintained for the preparation of drawings, specifications, reports or other professional landscape architectural work shall have a licensed landscape architect resident and regularly employed in that office having direct supervision of such work.

(2) A landscape architect shall neither offer nor make any payment or gift to any elected or appointed government official with the intent of influencing the official's judgment in connection with a prospective or existing project in which the landscape architect has an interest.

(3) A landscape architect shall neither offer nor make 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 landscape architect is interested.

(4) A landscape architect shall not engage in conduct involving fraud.

(Effective May 22, 1985; Amended November 6, 1998; Amended October 21, 2019)