Summary: Ronald D. Franke, AIA, has been censured by the National Ethics Council (“Council”) for violating Rule 1.101 of the Institute’s 2004 Code of Ethics and Professional Conduct (“Code of Ethics”).

Rule 1.101 states:

In practicing architecture, Members shall demonstrate a consistent pattern of reasonable care and competence, and shall apply the technical knowledge and skill which is ordinarily applied by architects of good standing practicing in the same locality.

The Complainant retained Mr. Franke to provide architectural services for an addition and new deck for the Complainant’s home. The Complainant provided Mr. Franke the property survey and the zoning variance that the Complainant had obtained to reduce the setbacks to accommodate the project. Mr. Franke lost the drawing showing the allowed setbacks and prepared working drawings that did not reflect the setback requirements. After notice from the Complainant, Mr. Franke resubmitted drawings that still did not reflect the setback requirements. Mr. Franke insisted to the Complainant that the drawings could be submitted for a building permit without showing the setbacks or their effect on the design, although the building authority had informed the Complainant that the plans had to be submitted exactly as the variance had been approved.

The Council found that Mr. Franke’s conduct did not meet the standards set by Rule 1.101 by losing the drawing showing the allowed setbacks, by insisting that drawings be submitted for a building permit without showing the setbacks or their effect on the design, and by repeatedly delivering drawings late.

The National Ethics Council ruled that Mr. Franke violated Rule 1.101 of the Code of Ethics by showing a consistent pattern of lack of care, technical knowledge and skill, and professionalism. The Council imposed the penalty of censure on Mr. Franke.