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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. 5707 May 14, 1980 ARCHITECTS: Sealing of automatic sprinkler drawings ENGINEERS: Sealing of automatic sprinkler drawings MUNICIPALITIES: Building permit for automatic sprinkler Automatic sprinkler drawings and specifications need not be sealed by a registered architect or professional engineer when submitted to a municipality to obtain a building permit. Ernest W. Nash State Representative State Capitol Building Lansing, MI 48902 You have requested my opinion on the following question: 'Is it mandatory that automatic sprinkler drawings and specifications submitted for the purpose of obtaining a building permit be sealed by a licensed, professional architect or engineer in order to be in compliance with Section 15 A of 1937, P.A. 240?' The practice of architecture and engineering is governed by 1937 PA 240, as amended; MCLA 338.551 et seq; MSA 18.84(1) et seq. 1937 PA 240, supra, Sec. 15a, as amended, provides, in pertinent part, as follows: 'All sheets of plans, plats, drawings, maps and the title sheet of specifications, addenda, bulletins, and reports or, where bound copies are submitted the index sheets of plans, specifications, and reports, when prepared by a registrant and required to be submitted to a governmental agency for approval or record, shall carry the embossed or printed seal of persons in responsible charge.' (Emphasis added.) The primary rule governing the interpretation of statutes is to ascertain and give effect to the intention of the Legislature. General Motors Corporation v Unemployment Compensation Commission, 321 Mich 724, 727; 34 NW2d 497, 498 (1948). Legislative intent may be manifested by the legislative history of a statute. 1937 PA 240, Sec. 15a, as amended, supra, as originally added by 1969 PA 141, read in pertinent part as follows: '(1) All sheets of plans, plats, drawings, specifications and reports, or where bound copies are submitted the index sheets of plans, specifications and reports, when submitted to governmental agencies for approval or record shall be sealed with the embossed or printed seal of persons registered under this act.' In 1974 the Legislature sought to amend 1937 PA 240, Sec. 15a, supra, by means of HB 5776 and a substitute for HB 5776. HB 5776 would have amended Section 15a to read, in pertinent part as follows: '(1) A registrant shall seal the following with an embossed or printed seal: '(a) All sheets of plans, plats, drawings, or maps except as provided in subdivisions (B) or (C). '(B) The title sheet or specifications, addenda, bulletins, or reports. '(C) The index sheet of any bound copy of plans, specifications, or reports which are submitted to a governmental agency for approval.' However, the substitute for HB 5776 was ultimately enacted and changed the language of Section 15a to read, in part, as follows: '(1) All sheets or plans, plats, drawings, maps, and the title sheet of specifications, addenda, bulletins, and reports, or where bound copies are submitted the index sheets of plans, specifications, and reports, when prepared by a registrant and required to be submitted to a government agency for approval or record, shall carry the embossed or printed seal of persons in responsible charge.' (Emphasis added.) The foregoing legislative history of 1937 PA 240, Sec. 15a, supra, demonstrates that the Legislature rejected the requirement that all plans, specifications, etc., when submitted to a governmental agency for approval, must bear the seal of a registrant. Instead, the Legislature adopted the requirement that only those plans, specifications, etc., which are submitted to governmental agencies for approval and prepared by registrants need bear the seal of a registrant. Thus, the Legislature intended that all plans, specifications, etc., need not necessarily be prepared or sealed by registered architects or professional engineers. It is important to note that this conclusion is consistent with the provisions of 1937 PA 240, supra, Sec. 22(4) as amended, which reads as follows: 'A person shall not submit to any public official of this state or any political subdivision thereof for approval, a permit, or for filing as a public record a plan, specification, report, or land survey which does not bear 1 or more seals of a registered architect, registered professional engineer, or registered land surveyor as required by this act, except for public works costing less than $5,000.00 or residential buildings containing not more than 3,500 square feet of calculated floor area.' The legislative intent underlying 1937 PA 240, Sec. 22(4), supra, was considered in OAG, 1977-1978, No 5169, p ___ (March 23, 1977) which states, in pertinent part, as follows: '. . . subparagraph (4) is legislatively intended to refer only to those plans, specifications, reports, or land surveys which are required to be prepared by a licensee. In other words, the frame of reference of this subparagraph leads to the conclusion that the legislature intended that the seal be required only when the plan, specification, report, or land survey is required to be prepared by a professional licensee. 'Such a conclusion is compelled by the judicially noticed fact that numerous plans and reports not required to be prepared by a licensee may be filed and accepted as a public document by any number of state and local agencies.' The issue whether a particular plan, specification, etc., need be sealed is determined by whether the plan is encompassed within the statutory definition of the practice of architecture or professional engineering as set forth in 1937 PA 240, Sec. 2(b) and (d), supra. Further, OAG, No 5169, supra, states that the responsibility for compliance with the requirements of Section 22(4) of 1937 PA 240, as amended, supra, rests with the person who submits the plans. It is my opinion, therefore, that automatic sprinkler drawings and specifications need not be sealed by a registered architect or a professional engineer when submitted to obtain a building permit. Frank J. Kelley Attorney General
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