Chapter 180-6 RULES OF PROFESSIONAL CONDUCT
| (1) |
In order to
safeguard the life, health, property and welfare of the public and to establish
and maintain a high standard of integrity, skills, and practice in the
professions of engineering and land surveying, the following Rules of
Professional Conduct are promulgated in accordance with O.C.G.A. 43-15-6(1).
The following rules shall be binding upon every individual who possesses a
certificate or a certificate of registration issued by the Board and upon every
firm, professional corporation, association, governmental agency, partnership,
corporation or other legal or commercial entity offering engineering or land
surveying services to the public and to all personnel of such firm,
corporation, partnership, association, or entity who act in its behalf in the
practice of engineering or land surveying in this state. |
| (2) |
The Rules of Professional Conduct as
promulgated herein are an exercise of the police power vested in the Georgia
Board of Registration for Professional Engineers and Land Surveyors by virtue
of the acts of the legislature. By that investment, the said Board is
authorized to establish conduct, policy, and practices in accordance with the
powers hereinabove stated. |
| (3) |
All
persons registered under O.C.G.A. Chapter 15, Title 43, are charged with having
knowledge of the existence of these Rules of Professional Conduct and shall be
deemed to be familiar with their several provisions and to understand them.
Such knowledge shall encompass the understanding that the practice of
engineering or land surveying is a privilege as opposed to a right. The
registrant shall be forthright and candid in his/her statements or written
response to the Board or its representatives on matters pertaining to
professional conduct. |
The engineer or land surveyor shall at all times practice in
such a manner as to protect the safety, health and welfare of the public. If a
registrant's engineering or land surveying judgment is overulled under
circumstances where the safety, health or welfare of the public are endangered,
he/she shall inform the proper authorities and his/her employer of the
situation as may be appropriate.
| (1) |
The engineer or land surveyor shall
perform services only in areas of his/her competence. The engineer or land
surveyor shall undertake to perform engineering or land surveying assignments
only when qualified by education or experience in the specific technical field
of professional engineering or land surveying involved. |
| (2) |
The engineer or land surveyor may accept
an assignment requiring education or experience outside of his/her own field of
competence, but only to the extent that his/her services are restricted to
those phases of the project in which he/she is qualified. All other phases of
such project shall be performed by qualified associates, consultants or
employees who shall sign, seal, and be responsible for such other phases or
technical segments of the project. |
| (3) |
The professional engineer who develops
the design criteria and engineering concept for a project, provides analysis,
and is responsible for the preparation of the construction documents shall be
responsible for the design of the project within his/her contractual area of
engineering services and shall be known as the engineer of record. |
| (4) |
In the event that a professional engineer
who is not the engineer of record is used for specific portions of the work,
that individual shall be a registered engineer in the State of Georgia and
shall seal, sign, and date his/her own reports, calculations, and drawings.
He/she shall coordinate his/her work with the engineer of record and shall be
responsible to the engineer of record for that specific portion of the project
design. He/she shall be known as the specialty engineer. |
| (5) |
The engineer or land surveyor shall not
affix his/her signature and/or seal to any engineering or land surveying plan,
document, or plat unless such plan, document, or plat is prepared by the
registrant or an individual in the employ of the registrant. All plans,
documents, and plats prepared by non-registrants must be prepared under the
direct supervisory control of the registrant on a daily basis. |
| (6) |
"Direct supervisory control" shall
require the registrant to have daily interaction with and provide guidance and
direction to any non-registrant employee or non-registrant contract employee in
the preparation of engineering or land surveying plans, documents or plats, in
each phase of the preparation of the calculations, drawings, specifications,
reports, surveys and all other documents completed by the non-registrant.
Direct supervisory control may be typically established at a location (address)
where both the registrant and the non-registrant employee (whether full time or
part time or contract) are employed and there is a direct connection between
the registrant and the non-registrant employee. If the registrant and the
non-registrant employee are not located at the same location, then the
registrant shall be able to demonstrate how direct supervisory control is
maintained over the non-registrant and how the registrant and the employee
maintain a direct connection for the direct supervisory control of the
engineering or surveying work as indicated above, upon an inquiry from the
Board. Satisfactory proof of direct supervisory control from the registrant
over the non-registrant employee includes, but is not limited to, written
guidance or directions to the non-registrant employee; written records of
ongoing communication during the project; and work product mark-ups by the
registrant to the non-registrant. The Board shall determine if such direct
supervisory control is being provided by the registrant is acceptable to the
Board. |
| (7) |
In the event a question
arises as to the competence of an engineer or land surveyor to perform an
assignment, the Board may require him/her to submit to an appropriate
examination, as determined by the Board. That action by the Board shall be
required only if the question cannot be otherwise resolved to the Board's
satisfaction. |
| (8) |
Renovation or the
retrofitting of a building or structure is considered as the practice of
engineering when the work involves the addition or reduction of weight or
loading; analysis of structural systems or members; removal or addition of
structural elements; analysis of drainage systems on or below the roof surface;
changes to the drainage characteristics; or changes required for the building
or structure to conform to current jurisdictional building codes. Nothing in
this rule is intended to restrict the normal practice by registered architects.
Nothing in this rule is intended to restrict the normal practice of roofing
contractors insofar as repairing or the replacement of like kind of roofing
systems so long as no additional weight is added. |
| (1) |
The engineer or
land surveyor shall be completely objective and truthful in issuing public
statements, reports or testimony. He/she shall include all relevant and
pertinent information in those statements, reports or testimony. |
| (2) |
The engineer or land surveyor, when
serving as an expert or technical witness before any court, commission, or
other tribunal, shall express an opinion only when it is founded upon adequate
knowledge of the facts at issue. That expression shall reflect a background of
technical competence in the subject matter, and an honest conviction of the
accuracy and propriety of his/her testimony. |
| (3) |
No engineer or land surveyor licensed
under O.C.G.A. Chapter 15, Title 43, shall issue statements, criticisms, or
arguments on engineering or land surveying matters connected with public policy
which are inspired or paid for by an interested party or parties unless he/she
has prefaced such comments by explicitly identifying the party on whose behalf
he/she is speaking. The engineer or land surveyor must at the same time reveal
the existence of any pecuniary interest he/she may have in the
matters. |
| (1) |
The engineer or
land surveyor shall avoid conflicts of interest. The engineer or land surveyor
shall conscientiously avoid conflict of interest with his/her employer or
client, but, when unavoidable, the engineer or land surveyor shall forthwith
disclose the circumstances to his employer or client. |
| (2) |
The engineer or land surveyor shall avoid
all known conflicts of interest with his/her employer or client and shall
promptly inform his/her employer of any business association, interests, or
circumstances which could influence his/her judgment or the quality of his/her
services. |
| (3) |
The engineer or land
surveyor shall not accept compensation, financial or otherwise, from more than
one party for services on the same project or for services pertaining to the
same project unless the circumstances are fully disclosed to and agreed to by
all interested parties. |
| (4) |
The
engineer or land surveyor shall not solicit or accept financial or other
valuable considerations, directly or indirectly, from material or equipment
suppliers, or their representatives, for specifying their products. |
| (5) |
The engineer or land surveyor shall not
solicit or accept gratuities, directly or indirectly, from contractors, their
agents, or other parties in connection with work for which he/she is
responsible. |
| (6) |
The engineer or
land surveyor in public service as a member, advisor, or employee of a
governmental body or department shall not participate in considerations or
actions with respect to matters involving him/her or his/her organization's
private or public engineering or land surveying practices. |
| (7) |
The engineer or land surveyor shall not
solicit or accept an engineering or land surveying contract from a governmental
body on which a principal or officer of his/her organization serves as a
member. |
| (1) |
The engineer or
land surveyor shall solicit or accept professional employment only on the basis
of his/her qualifications and competence for proper accomplishment of the work.
No engineer or land surveyor may provide a fee proposal to a potential client
until he/she (a) established or reviewed the scope of services for the project,
(b) determined that, based on his/her review of the scope of services, that
he/she is competent to provide the professional services required, and (c) made
his/her qualifications known to the prospective client. On proposals including
more than one engineer or land surveyor, each individual shall be responsible
for complying with this rule for his/her respective portion of the proposal.
The engineer or land surveyor shall not offer to pay, either directly or
indirectly, any commission, political contribution, gift, or other
consideration in order to secure work, exclusive of securing salaried positions
through employment agencies. |
| (2) |
The engineer or land surveyor shall not falsify or permit misrepresentation of
his/her or his/her associate's academic or professional qualifications. He/she
shall not misrepresent or exaggerate his/her degree of responsibility for prior
assignments in brochures or other presentations for the solicitation of
employment. He/she shall not misrepresent pertinent facts concerning employers,
employees, associates, joint ventures, or his/her or their past accomplishments
with the intent and purpose of enhancing his/her qualifications or
work. |
| (1) |
The engineer or
land surveyor shall associate only with reputable persons or organizations. The
engineer or land surveyor shall not knowingly associate with or permit the use
of his/her name, or firm name, in a business venture by any person or firm
which he/she knows, or has reason to believe, is engaging in business or
professional practices of a fraudulent or dishonest nature. |
| (2) |
If the engineer or land surveyor has
knowledge or reason to believe that another person or firm may be in violation
of any of these provisions or of O.C.G.A. 43-15, he/she shall promptly present
such information to the Board in writing and shall cooperate with the Board in
furnishing such further information or assistance as may be required by the
Board. |
A violation of O.C.G.A. Chapter 15, Title 43, or of the rules
of another jurisdiction, if for a cause which in the State of Georgia would
constitute a violation of O.C.G.A. 43-15 or these rules, shall be grounds for a
charge of violation of these rules.
| (1) |
The term
"Certification" as used in Rule
180-6-.09(2) and (3) and relating to professional engineering or land surveying services, as defined
in O.C.G.A. 43-15-2(6) and (11), shall mean a signed statement based upon facts
and knowledge known to the registrant and is not a guarantee or warranty,
either expressed or implied. |
| (2) |
When an engineer or land surveyor is presented with a certificate to be signed
or sealed, he or she should carefully evaluate that certification to determine
if the certification:
| (a) |
relates to matters
which are within the technical competence of the engineer or land
surveyor; |
| (b) |
involves matters
which are within the scope of services actually provided by the engineer or
land surveyor or; |
| (c) |
relates to
matters which were prepared under the supervision, direction and control of the
engineer or land surveyor. |
|
| (3) |
Engineers or land surveyors who sign or
seal certification not meeting criteria in subsection (2) are subject to
discipline pursuant to O.C.G.A. 43-15-19(a)(5). |
