Standards of Conduct for Inspector or Contractor Licensees

Standards of Conduct for Inspector or Contractor Licensees (1) The provisions in this section apply to both inspectors and contractors, except where noted. (2) Competency. The licensee, as applicable, shall be knowledgeable of and adhere to the Regulation, this chapter, the ASME Safety Codes or ASCE Standards as adopted in this Regulation, and all procedures established by the department for equipment inspections or performance of a contract to install, alter, repair, or maintain equipment. It is the obligation of the licensee to exercise reasonable judgment and skill in the performance of equipment inspections or performance of a contract to install, alter, repair, or maintain equipment. (3) Integrity. A licensee shall be honest and trustworthy in the performance of equipment inspections or performance of a contract to install, alter, repair, or maintain equipment, and shall avoid misrepresentation and deceit in any fashion, whether by acts of commission or omission. Acts or practices that constitute threats, coercion, or extortion are prohibited. The licensee shall accurately and truthfully represent to any prospective client his/her capabilities and qualifications to perform the services to be rendered. (4) Interest. The primary interest of the licensee is to ensure compliance with the Regulation, this chapter, and the ASME Safety Codes or ASCE Standards adopted in this Regulation, and all procedures established by the department. The licensee’s position, in this respect, should be clear to all parties concerned while conducting equipment inspections or completing the performance of a contract to install, alter, repair, or maintain equipment. (5) Conflict of Interest. A licensee is obliged to avoid conflicts of interest and the appearance of conflicts of interest. A conflict of interest exists when an inspector performs or agrees to perform an equipment inspection for a building in which he has a financial interest, whether direct or indirect. A conflict of interest also exists when a licensee’s professional judgment and independence are affected by his/her family, business, property, or other personal interests or relationships. (6) Specific Rules of Conduct. A licensee shall not: (a) participate, whether individually or in concert with others, in any plan, scheme, or arrangement attempting or having as its purpose the evasion of any provision of the Regulation, this chapter, or the standards adopted by the commission; (b) knowingly furnish inaccurate, deceitful, or misleading information to the department, a building owner, or other person involved in equipment inspections or equipment contracts; (c) state or imply to a building owner that the department will grant a delay or waiver; (d) engage in any activity that constitutes dishonesty, misrepresentation, or fraud while performing equipment inspections or completing an equipment contract; (e) perform equipment inspections or complete an equipment contract in a negligent or incompetent manner; (f) perform equipment inspections in a building or facility in which the inspector licensee is an owner, either in whole or in part; (g) perform equipment inspections in a building or facility wherein the licensee, for compensation, participated in obtaining an equipment contract for the building; (h) indulge in advertising that is false, misleading, or deceptive; (i) misrepresent the amount or extent of prior education or experience to any client; or (j) hold out as being engaged in partnership or association with any person unless a partnership or association exists in fact. (7) An inspector may not perform inspections upon equipment for which the inspectors’ employer also has a contract to perform installations, maintenance, repairs, replacements or alterations on that equipment. (8) A licensee shall withdraw from employment when it becomes apparent that it is not possible to faithfully discharge the duty and performance of services owed the client. A licensee shall provide reasonable notice to the client of the licensee’s withdrawal. (9) An inspector must attend all mandatory training required by the executive director. (10) A licensee shall notify the department in writing within 30 days of any changes to information submitted on the application or renewal application.