Since I just renewed two licenses, this is fresh on my mind.
[blue]From Colorado's rules of conduct:
3.1.1 Primary Obligation of Licensees. Licensees shall at all times recognize that their primary obligation is to protect the safety, health, property, and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property, or welfare of the public is endangered, they shall notify their employer or client and/or such other authority as may be appropriate.
3.1.2 Ethical Conduct. Licensees shall conduct the practice of architecture, engineering, and land surveying in an ethical manner.
3.1.3 Responsibility for Seal. Licensees shall be the only individuals authorized to use their own seals and shall be personally and professionally responsible and accountable for the care, custody, control, and use of their seals.
3.1.4 Work Product Must Be Safe and Meet Generally Accepted Standards. Licensees shall approve and seal only those design documents and surveys that are prepared with applied technical knowledge and skills that provide safety for public health, property, and welfare in conformity with generally accepted architectural, engineering, and surveying standards.
3.1.6 Caliber of Association. Licensees shall not permit the use of their name or firm name nor associate in business ventures with any person or firm that they have reason or should have reason to believe is engaged in fraudulent or dishonest business or professional practices.
3.1.7 Cooperation with Board Investigations. Licensees having knowledge of, and/or involvement in, any alleged violation of any of Title 12, Article 25, Parts 1, 2, and 3, C.R.S., or the Board's rules, shall cooperate with any investigation initiated by the Board and furnish such information or assistance as may be requested.
3.1.8 Compliance with Applicable Laws, Regulations, and Codes. Licensees shall exercise appropriate skill, care, and judgment in the application of federal, state, and local laws, regulations, and codes in the rendering of professional services and in the performance of their professional duties. It will be deemed a violation of these rules if a licensee violates local, state or federal laws or statutes that relate to the practice of architecture, engineering, or land surveying.
3.4.1 Conduct that Discredits the Profession. Licensees shall not engage in any conduct that discredits or tends to discredit another architect, engineer or land surveyor and/or the profession of architecture, engineering or land surveying.
3.4.2 Appearance of Impropriety. Licensees shall avoid the appearance of impropriety in the course of representing or rendering services of an employer or client.
3.4.3 Undue Influence. When representing a client or employer, a licensee shall not exert or attempt to exert undue influence over other professionals, contractors, or public officials. Undue influence means any improper or wrongful exercise of persuasion or control by a licensee in an effort to cause another to do what he or she would not otherwise do if left to act freely.
3.6.1 Exercise of Judgment. Licensees shall not permit a client, employer, another person, or organization to direct, control, or otherwise affect the licensee's exercise of independent professional judgment in rendering professional services for the client.
3.6.2 Impartial Decisions. Licensees shall render impartial decisions when acting as the interpreter of documents or when acting as the judge of contract performance.[/blue]
[red]From Colorado Law:
12-25-108. Disciplinary actions - grounds for discipline.
(1) The board has the power to deny, suspend, revoke, or refuse to renew the license and certificate of licensure or enrollment of, limit the scope of practice of, or place on probation, any professional engineer or engineer-intern who is found guilty of:
(b) Failing to meet the generally accepted standards of engineering practice whether through act or omission;
(e) Violating, or aiding or abetting in the violation of, the provisions of this part 1, any rule or regulation adopted by the board in conformance with the provisions of this part 1, or any order of the board issued in conformance with the provisions of this part 1;
(h) Failing to report to the board any professional engineer known to have violated any provision of this part 1 or any board order or rule;[/red]
These would apply for any engineer in your position in Colorado and many other states based upon my experiences. From my contact with state boards, they will draw a hard line on you for failure to exercise your responsibilities as a professional but will not tell you how to resolve your issues.
[purple]This is from the state of Louisiana,
2) Professional Judgment Overruled
If their professional judgment is overruled by non-technical authority, licensees must clearly point out the consequences, notifying the proper authority of any observed conditions which endanger public safety, health, property and welfare. [Rule §2503(B)] at this link
[/purple]
Some non-licensed engineers think this is all very funny and unimportant. For registrants, it is not. Being a professional is a privilege not a right just as having a driver's license is a privilege not a right. Each violation can reap fines up to $5000, which is not insignificant. But, in exchange for being a professional, you have a right to your professional opinion, which non-registrants do not.
With all of the poor building in my neighborhood, it's high time professionals began sticking up for their profession and protect the public. My neighbors are fed up and getting angry about their issues. Water intrusion in a basement is an abnormal condition just as rusted out window wells that are 5 years old, improperly vented dryers, improperly installed floor joists, flooding window wells, etc. are. Many of my neighbors are young couples expecting their homes to last 40 years but wondering if they'll last 20 years.
Pamela K. Quillin, P.E.
Quillin Engineering, LLC
