The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6864 August 14, 1995 OCCUPATIONAL CODE: Application of the Occupational Code to persons engaging in interior design, building design, plumbing, mechanical contracting or electrical contracting Persons who engage in interior design, building design, plumbing, mechanical contracting or electrical contracting must have a license as required by the Occupational Code if they also practice any of the professions or occupations for which a license is required under the Occupational Code. An affected person may bring an action for injunctive relief against a person engaged in interior design, building design, plumbing, mechanical contracting or electrical contracting for also practicing one of the professions or occupations regulated under the Occupational Code without the required license. Honorable Pat Gagliardi State Representative The Capitol Lansing, MI You have raised two questions concerning 1994 PA 400, which amended section 601 of Michigan's Occupational Code, MCL 339.101 et seq; MSA 18.425(101) et seq, by adding subsections (5)-(9) as follows: Sec. 601. (1) A person shall not engage in or attempt to engage in the practice of an occupation regulated under this act or use a title designated in this act unless the person possesses a license or registration issued by the department for the occupation. (5) Notwithstanding the existence and pursuit of any other remedy, an affected person may maintain injunctive action to restrain or prevent a person from violating subsection (1) or (2). If successful in obtaining injunctive relief, the affected person shall be entitled to actual costs and attorney fees. (6) Nothing in this act shall apply to a person engaging in or practicing the following: (a) Interior design. (b) Building design. (c) Any activity for which the person is licensed under Act No. 266 of the Public Acts of 1929, being sections 338.901 to 338.917 of the Michigan Compiled Laws. (d) Any activity for which the person is licensed under the Forbes mechanical contractors act, Act No. 192 of the Public Acts of 1984, being sections 338.971 to 338.988 of the Michigan Compiled Laws. (e) Any activity for which the person is licensed under the electrical administrative act, Act No. 217 of the Public Acts of 1956, being sections 338.881 to 338.892 of the Michigan Compiled Laws. (7) As used in subsection (5), "affected person" means a person directly affected by the actions of a person suspected of violating subsection (1) or (2) and includes, but is not limited to, a board established pursuant to this act, a person who has utilized the services of the person engaging in or attempting to engage in an occupation regulated under this act or using a title designated by this act without being licensed or registered by the department, or a private association composed primarily of members of the occupation in which the person is engaging in or attempting to engage in or in which the person is using a title designated under this act without being registered or licensed by the department. (8) An investigation may be conducted under article 6 to enforce this section. A person who violates this section shall be subject to the strictures prescribed in this section and section 506. (9) The remedies under this section are independent and cumulative. The use of 1 remedy by a person shall not bar the use of other lawful remedies by that person or the use of a lawful remedy by another person. [Emphasis added.] Your first question is whether persons who engage in interior design, building design, plumbing, mechanical contracting or electrical contracting must have a license as required by the Occupational Code if they also practice any of the professions or occupations for which a license is required under the Occupational Code. In the Occupational Code the Legislature has provided for the licensure or registration of over 20 professions and occupations. These include, for example, architects, certified public accountants, barbers, funeral directors and realtors. In each case the Legislature has defined the scope of practice of the profession or occupation being regulated and established specific education, experience and other requirements for licensure. Turning to the five occupations listed in section 601(6) of the Occupational Code, neither interior design nor building design are regulated by any state statute. The plumbers, mechanical contractors and electricians are regulated and licensed by the respective acts referred to in section 601(6)(c), (d) and (e). Based upon the plain language of section 601(6) of the Occupational Code, the code does not apply to persons who are "engaging in or practicing" the occupations in question. Thus, when they are engaging in those occupations they are not subject to the Occupational Code, including those provisions that authorize affected persons to seek injunctive relief to enjoin the unlicensed practice of the covered professions and occupations. But, it would be an absurd result to conclude that persons in the five occupations listed in section 601(6) of the Occupational Code may also practice any of the professions or occupations that are regulated in the Occupational Code without meeting the education, experience and other requirements imposed by the Legislature on everyone else for licensure. It is a settled principle of statutory construction that statutes must be construed to avoid absurd consequences. Hiltz v Phil's Quality Market, 417 Mich 335, 350; 337 NW2d 237 (1983); In re Marable, 90 Mich App 7, 10; 282 NW2d 221, lv den 407 Mich 871 (1979). It is my opinion, therefore, in answer to your first question, that persons who engage in interior design, building design, plumbing, mechanical contracting or electrical contracting must have a license as required by the Occupational Code if they also practice any of the professions or occupations for which a license is required under the Occupational Code. Your second question is whether an affected person may bring an action for injunctive relief against a person engaged in interior design, building design, plumbing, mechanical contracting or electrical contracting for also practicing one of the professions or occupations regulated under the Occupational Code without the required license. The language of section 601(6) of the Occupational Code only protects persons when they are "engaging in or practicing" one of the five listed occupations. When they are engaging in any of the five listed occupations, they are exempt from the Occupational Code. But, if a person who practices one of these five occupations also engages in conduct that falls within the scope of practice of a profession or occupation regulated under the Occupational Code without the required license, they are not exempt from the Occupational Code. Rather, under section 601(5) of the Occupational Code an affected person may file an action to enjoin the unlicensed conduct. The scope of the exemption in section 601(6) of the Occupational Code may be illustrated by the following example. Under section 2007 of the Occupational Code a licensed architect or professional engineer must put his or her seal upon a plan or specification when it is filed with a public authority: A licensee, upon being licensed, shall obtain a seal authorized by the appropriate board and bearing the licensee's name and the legend indicating either "licensed architect", "licensed professional engineer", or "licensed professional surveyor".... A plan, specification, plat, or report issued by a licensee shall be sealed when filed with a public authority. Section 2011 of the Occupational Code requires, among other things, that public works involving the practice of architecture or professional engineering may not be constructed unless the plans have been prepared by a licensed architect or professional engineer: (1) Except as otherwise provided in subsection (2), the state or a county, city, township, village, school district, or other political subdivision of this state shall not engage in the construction of a public work involving the practice of architecture or professional engineering unless all of the following requirements are met: (a) The plans and specifications and estimates have been prepared by a licensed architect or licensed professional engineer. (2) This section does not apply to a public work for which the contemplated expenditure for the completed project is less than $15,000.00. These provisions are enforced by section 2014 of the Occupational Code, which provides penalties by reference to article 6 of the Occupational Code: A person is subject to the penalties set forth in article 6 who commits 1 of the following: (e) Submitting to a public official of this state or a political subdivision of this state for approval, a permit or a plan for filing as a public record, a specification, a report, or a land survey which does not bear 1 or more seals of a licensee as required by this article. This subdivision does not apply to a public work costing less than $15,000.00 or a residential building containing not more than 3,500 square feet of calculated floor area. Under the terms of section 601(6) of the Occupational Code, the code does not apply to a person who is engaged in interior design or building design. But, under other sections of the Occupational Code a person who engages in interior design or building design may not file a plan for a public work costing $15,000.00 or more or for a residential building containing over 3,500 square feet of calculated floor area. These plans may only be filed by a licensed architect or professional engineer. It is my opinion, therefore, in answer to your second question, that an affected person may bring an action for injunctive relief against a person engaged in interior design, building design, plumbing, mechanical contracting or electrical contracting for also practicing one of the professions or occupations regulated under the Occupational Code without the required license. Frank J. Kelley Attorney General