ARTICLE I. PREAMBLE
1.01 Tehran Association of Lighting Designers Code of Ethics and Professional Conduct (Code of Ethics) has been adopted to promote and maintain the highest level of professional practice by its members.
Adherence to the Code of Ethics is required for voting membership in ILDA; compliance with the Code of Ethics serves to ensure public confidence in the integrity and service of ILDA’s voting members.
1.02 The Code of Ethics is revised from time to time in response to the evolution of modern customs and prevailing conditions on the practice of lighting design.
1.03 The Code of Ethics establishes Rules of Conduct and adds additional commentary to clarify or elaborate the intent of the Rules of Conduct. Although included in the text of the Code of Ethics, the commentary is not a part of the Code of Ethics.
Commentary: The Ethics Committee shall review the Commentary from time to time and make recommendations to the Membership Committee should changes and/or additions be recommended. The Membership Committee shall be responsible for approving or not approving those changes and/or additions.
ARTICLE II. DEFINITIONS
2.01 Conflict of Interest: An instance where the ILDA Member’s personal interests might have confliction with the interest of other member’s or the beneficiaries related to the association actions.
2.02 Client: A person, group of people or entity, governmental or NGO’s, that retains the professional services of an ILDA Member including instruments, design or any services related to the lighting design consultancy.
ARTICLE III.
GENERAL OBLIGATIONS
3.01 The Code of Ethics is a statement of professional ethical practice which attempts to restrict any confliction or violation toward members or beneficiaries interests. Adherence to the Code of Ethics is required for all members of association.
3.02 In practicing Lighting Design, ILDA Members shall practice within the standards, rules and the governmental instructions and practicing all practical and scientific principal.
3.03 The association members are bounded to adhere to governmental disciplines (obligated standards and protocols) for their services and products and to observe practical and scientific principal.
3.04 ILDA Members shall not discriminate in their professional activities based upon race, religion, gender, national origin, age, disability, or political orientation.
3.05 ILDA members should not approve unprincipled, non-professional and biased product or service or people in order to receive fees in any condition.
- All members are bounded to make sure regarding the design and idea which is presented by employer, all the financial and intellectual rights of members are preserved .
commentary of A: It is recommended in order to better accomplish the above article all members can receive conventional fees for their professional services .
ARTICLE IV.
OBLIGATIONS TO THE PUBLIC
4.01 ILDA Members shall not, in the conduct of their professional practice, knowingly violate the law.
Commentary: A knowing violation by an ILDA member, in the conduct of his/her professional practice, of any applicable local, regional, national or international law is the basis for discipline under this rule. Discipline under this rule must be based upon an independent finding of a violation of the law by a court, or administrative or regulatory body.
4.02 ILDA Members shall not accept fees, commissions, or any other consideration of value from anyone attempting to compromise the ILDA Member’s professional judgment or in return for a specific service or product for a specific project, except from clients or employers for whom services are being performed.
Commentary: The rule is intended to ensure that the professional judgment and influence of a member is not “tainted”. The acceptance of commissions, kickbacks, mark up and profit from the sale of equipment or goods, or general financial compensation outside of the normal standards of independent practice for specifying a particular product is considered a conflict of interest.
4.03 ILDA Members shall not contribute or promise to contribute, either directly or indirectly, any compensation or other consideration of value in return for retaining present work or employment, obtaining future work or employment, or rewarding anyone for the award of past work or employment.
Commentary: The rule is intended to prohibit offering remuneration above and beyond competitive professional services fees in order to obtain work.
4.04 ILDA members shall not indulge in misleading or false publicity.
4.05 ILDA Members shall not, in the conduct of their professional practice, aid or abet others that the ILDA Member knows is acting in a fraudulent or illegal manner.
ARTICLE V. OBLIGATIONS TO THE CLIENT OR EMPLOYER
5.01 ILDA Members shall perform services only in the areas of their competence. ILDA Members must be qualified to perform the work by education, training or experience in the specific technical areas involved.
Commentary: The intent of this rule is to ensure that ILDA Members do not take work that is beyond their professional expertise. That expertise can be gained through direct experience with projects of a similar type, through a body of work and experience, through additional education, training, or by retention of sub-consultants with the necessary expertise.
5.02 Should an ILDA Member become aware, during the course of working on a project, of a decision taken by others that may adversely affect the safety of the public, the ILDA Member shall refuse to consent to the decision and report said decision to the Client.
Commentary: This rule is intended to apply to violations that may adversely affect the public safety.
5.03 ILDA Members shall disclose in writing all known or potential appearance of conflicts of interest which could influence or appear to influence their judgment in the performance of services to their clients and employers.
Commentary: The intent of this rule is to ensure that no appearance of conflict of interest might be unknown to the client. It is also intended to cover the full range of situations that may present an ILDA Member with the appearance of a conflict between his or her interests or responsibilities and the interests of others. It is recommended that the ILDA Member inform the client and any other affected parties of such appearances of conflicts of interest by writing them a full report. If possible, the ILDA member should attempt to obtain a written response in return consenting to and acknowledging the appearance of potential conflicts of interest.
5.04 ILDA Member’s contracts with clients shall clearly state the Scope of Work and the nature of the project, the method of compensation and the agreed upon compensation.
Commentary: The agreed upon compensation need not always be a fixed amount. Some compensation may be billed hourly with “no maximum” as long as the client is informed.
5.05 ILDA Members shall act in a fair and impartial manner when balancing the conflicting interests of clients and other members of the design and construction team.
5.06 ILDA Members shall be candid and truthful in all professional communications.
5.07 A member shall preserve the confidences of the member’s client or employer, except as otherwise allowed by this code or required by applicable law.
ARTICLE VI. OBLIGATIONS TO THE PROFESSION
6.01 ILDA Members shall seek to continually strive to improve their professional knowledge and skill.
6.02 ILDA Members issuing public statements in their professional capacity shall do so in a truthful manner.
6.03 ILDA Members shall not intentionally damage the professional reputation or practice of others.
6.04 ILDA Members shall not misrepresent their professional qualifications, experience or performance. Representation in any form of professional qualifications, experience or performance shall accurately state the scope and nature of responsibilities when claiming credit and shall not attempt to falsely enhance qualifications and claimed work.
Commentary: The intent of this rule is to prevent ILDA Members from claiming or implying credit for work which they did not do or misleading others.
ARTICLE VII. OBLIGATIONS TO COLLEAGUES
7.01 ILDA Members shall give credit where credit is due and, where applicable, shall recognize the professional contributions of their current and past employees, employers, professional colleagues and business associates.
7.02 ILDA Members shall not interfere with the performance of another lighting designer’s contractual or professional relationship with a client.
7-03 ILDA Members shall conduct peer review services of colleagues by considering technical and professional evidence and in an impartial and respectful manner.
7.04 An ILDA member shall not knowingly offer his or her services on a particular project if another designer remains under contract. Should an ILDA Member be approached to provide services on a project, all due diligence must be made to ensure that no other designer is under contract.
Note 7.04: The above article does not include design services and sales of goods.
7.05 An ILDA Member shall not attempt to obtain, offer to undertake or accept a commission for which the member knows another qualified individual or firm has been selected or employed until the member has written evidence that the selection, employment or agreement of the other individual or firm has been terminated.
7.06 ILDA Members leaving a firm shall not, without the permission of their employer or partner, take designs, drawings, data, reports, notes, photographs, presentation and marketing materials, or other materials relating to the firm’s work, even if performed by the ILDA Member himself.
7.07 An ILDA Member shall not unreasonably withhold permission from a departing employee or partner to take copies of designs, drawings, data, reports, notes, or other materials relating to work performed by the employee or partner that are not confidential and that would not violate applicable copyright laws.
Commentary: Employees should be aware that Employers may hold copyright to materials.
7.08 It is recommended to all members of ILDA to inquire approval of work and ethical competence of people who want to be hired in case they have been working in a company which is a member of association to ask for the previous employer agreement in order to hire their previous employee.
it is also recommended if one of the members notices an illegal, immoral, or non-professional behavior of staff which leads to ending the cooperation with that person, the other members of association should be informed by far.
7.09 All members are recommended to use application forms, contract samples and ethical obligations in the association archive in order to prevent occurrence of ethical and legal issues with the staff.
ARTICLE VIII. ENFORCEMENT
8.01 The Board of Directors of the International Association of Lighting Designers, or the Ethics Committee as its delegated authority, shall have the sole power of interpreting the Code of Ethics, and its decisions shall be final, subject to the provisions of the By-laws of the ILDA and the Member Complaint Procedure Guidelines.
8.02 Due to the technical and professional authority of association in the related line of work, all ILDA members are recommended to use this capacity in all possible disagreements with beneficiaries whether they are members or not.