B. Practice
5. Identification of Serious Code Violations
An architect, who identifies a serious code violation in an existing structure with which he/she is, or might be associated in a professional capacity, could have a responsibility [Regents Rule Section 29.3(a)(1)] to bring this situation to the attention of the appropriate parties. Appropriate steps to follow might include:
- The client, tenant or owner should be informed of such violations.
- Violations appearing to pose an imminent danger to health and safety, should be reported to the local authority having jurisdiction.
- It is perceived by the State Education Department and the State Board for Architecture that the licensed architect has a professional obligation to document the violation to both the client/owner and the authority having jurisdiction [29.1(b)(5)] even if informing the client/owner might jeopardize receipt of the associated commission.
- If the code violations are present in the area of a potential project, and the architect is assigned the commission, he/she should endeavor to have such violations included as an integral part of the scope of the design solution.