PREAMBLE
In
order to safeguard life, health and property, and to promote the public
welfare, through a high standard of integrity, skills, and practice in
the profession of engineering, the following Code of Ethics is promulgated
by the Council of the Delaware Association of Professional Engineers in
accordance with the Delaware Professional Engineers' Act, Title 24, Chapter
28 of the Delaware Code.The
Code of Ethics shall be binding on all applicants and every person holding
a certificate of registration as a Professional Engineer and all partnerships
or corporations or other legal entities authorized to perform engineering
services in the State of Delaware.
The
revocation or suspension of a Professional Engineer's registration by another
jurisdiction, if for a cause which in the State of Delaware would constitute
a violation of this Code of Ethics, shall be grounds for a charge of violation
of this Code of Ethics.
Persons
registered under the Delaware Professional Engineers' Act must subscribe
to the Code of Ethics as part of that person's application and shall be
deemed to be familiar with its several provisions and to understand them.
This
Code of Ethics follows the practice of Title 1, Section 304(b) of the Delaware
Code, in that "Words importing the masculine gender include the feminine
as well."
1.THE
ENGINEER SHALL HOLD PARAMOUNT SAFEGUARDING LIFE, HEALTH AND PROPERTY AND
PROMOTING THE PUBLIC WELFARE IN THE PERFORMANCE OF HIS PROFESSIONAL DUTIES.
A.The
engineer shall at all times recognize that his paramount duty is to safeguard
life, health and property and to promote the public welfare.If
his professional judgment is overruled under circumstances such that upon
investigation he believes that the life, health and property or public
welfare is endangered, he shall so inform his employer and the Council
of the Delaware Association of Professional Engineers.
B.The
engineer shall approve and seal only those design documents which in his
considered opinion do not endanger the life, health, property and the public
welfare in conformity with
accepted engineering standards.
C.The
engineer shall not permit the use of his own, firm's, or associates'name
in business ventures with any person or firm which upon investigation he
believes is engaging in fraudulent or dishonest business or professional
practices.
D.The
engineer having knowledge of any alleged violation of the Code of Ethics
shall be forthright and candid in cooperating with the Council in furnishing
such information or assistance as may be required.
2.THE
ENGINEER SHALL PERFORM SERVICES ONLY IN AREAS OF HIS COMPETENCE.
A.The
engineer shall undertake to perform engineering only when qualified by
education or experience in the areas of professional engineering involved.
B.The
engineer may accept an assignment requiring education or experience outside
his areas of competence, provided that such areas will be performed by
a Professional Engineer or otherwise qualified associates, consultants,
or employees.He may then sign and
seal the documents for the total project.The
engineer shall not affix his seal to any such document not prepared under
his supervisory control and review.
3.THE
ENGINEER SHALL ISSUE PROFESSIONAL STATEMENTS ONLY IN AN OBJECTIVE AND TRUTHFUL
MANNER.
A.The
engineer shall be completely objective and truthful in all professional
reports, statements, or testimony, and shall include all relevant and pertinent
information.
B.The
engineer shall publicly express a professional opinion on technical subjects
only when it is founded on adequate knowledge of the facts and competence
in the subject matter.
C.The
engineer when acting as a representative of an individual or organization
shall issue no statements, criticisms, or arguments on engineering matters
unless he has prefaced those comments by explicitly identifying
on whose behalf he is speaking.When
the engineer is acting as a consultant his expression or professional opinion
shall be prefaced by identifying his status as a consultant, without necessarilynaming
the client.The engineer shall reveal
any personal interest he may have in the matter.
4.THE
ENGINEER SHALL ACT IN PROFESSIONAL MATTERS FOR EACH EMPLOYER OR CLIENT
AS FAITHFUL AGENT OR TRUSTEE, AVOIDING CONFLICTS OF INTEREST.
A.The
engineer shall disclose all known or potential conflicts of interest to
his employer and/or client by promptly informing them of any business association,
interest, or other circumstances which could influence his judgment or
the quality of services.
B.The
engineer shall not accept compensation, financial or otherwise, from more
than one party for services on the same project, unless the circumstances
are fully disclosed and agreed to by all interested parties.
C.The
engineer shall not solicit or accept financial or other valuable consideration,
directly or indirectly, from suppliers, contractors, their agents, or other
parties in connection with his work for employers or clients.
D.The
engineer in public service as a member, advisor or employee of a governmental
body shall not participate in decisions on work which involves professional
services solicited or provided by him or his organization.
E.The
engineer shall not solicit or accept a professional contract from a governmental
body on which a principal or officer of his organization serves as a member,
except upon public disclosure of all pertinent facts and circumstances
and consent of the appropriate public authority.
F.The
engineer shall not reveal proprietary information obtained in a professional
capacity without the prior consent of the client or employer, except as
authorized or required by law.
5.THE
ENGINEER SHALL AVOID IMPROPER SOLICITATION OF PROFESSIONAL EMPLOYMENT.
A.The
engineer shall not offer, give, solicit, or receive, either directly or
indirectly, any commission, gift, or other valuable consideration in order
to secure work.
B.The
engineer shall not falsify or permit misrepresentation of his own, or associates'
academic or professional qualifications.He
shall not misrepresent his degree of responsibility in prior assignments.
Brochures or other presentations incident to the solicitation of employment
shall not misrepresent pertinent facts concerning employers, employees,
associates, joint ventures, or past accomplishments.
C.The
engineer shall not submit any proposal for purposes of obtaining professional
work in which he falsifies or misrepresents his capability of carrying
out that proposal.