STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5805

October 27, 1980

ARCHITECTS:

Seal of professional architect

ENGINEERS:

Seal of professional engineer

HOSPITALS:

Plans for construction of public hospitals

MUNICIPALITIES:

Construction of public hospitals

Plans and specifications for the construction of public hospitals as fixed works costing $5,000.00 or more must be sealed by registered professional architects or engineers. Plans and specifications for the construction of such public hospitals submitted to the Department of Public Health and the State Fire Marshal must be sealed by registered professional architects or engineers.

The Honorable John A. Welborn

Senator

21st District

State Capitol Building

Lansing, Michigan 48909

You have requested my opinion on the following rephrased questions:

1937 PA 240, supra, Sec. 18, as amended by 1970 PA 20, provides as follows:

In 1937 PA 240, supra, Sec. 22(4), last amended by 1974 PA 254, the Legislature, has provided as follows:

By its very terms, 1937 PA 240, Sec. 18, supra, applies to construction projects costing in excess of $5,000.00 and undertaken by the state, its political subdivisions, counties, cities, townships, or villages. On the other hand, 1937 PA 240, Sec. 22(4), supra, applies to 'persons', including public officials, who submit plans for approval or grant of permits. Further, both 1937 PA 240, Secs. 18 and 22(4), supra, are similar in that they exclude 'public works' which cost $5,000.00 or less.

In construing a statute, the entire statute must be read, and an interpretation given a particular word in one section must be arrived at after due consideration of every other section, so as to produce a harmonious and consistent enactment as a whole. Williams v Secretary of State, 338 Mich 202; 60 NW2d 910 (1953); VanAntwerp v State, 334 Mich 593; 55 NW2d 108 (1952). Construing the language of 1937 PA 240, Secs. 18 and 22(4), supra, together, requires the conclusion that the Legislature intended that the term 'person' in 1937 PA 240, Sec. 22(4), supra, includes representatives of the state, its political subdivisions, counties, cities, towns, townships, or villages.

The term 'public work' was defined in Ellis v Common Council of Grand Rapids, 123 Mich 567, 569; 82 NW2d 244, 246 (1900), as follows:

This same definition was cited with approval in OAG, 1939-1940, p 358, 359 (December 15, 1939), which reads, in pertinent part, as follows:

The definition of 'public work' set forth in Ellis, supra, was also cited in OAG, 1979-1980, No 5696, p 726 (April 21, 1980), which concluded that a contract for the purchase or acquisition of a tug and four barges, was not a contract for a 'public work' because 'public works' are fixed works. An illustration of this principle is set forth in Wallace Stevens, Inc. v Lafourche Parish Hospital District No. 3, 323 S2d 794, 796 (1975), where the Supreme Court of Louisiana cited Ellis, supra, with approval and the definition of 'public work' set forth therein. The Court held that the acquisition of telephone service by a hospital was not a 'public work,' stating:

The statutes of this State authorize different types of public sector hospitals; for example, joint municipal hospitals (1945 PA 47, as amended; MCLA 331.1 et seq; MSA 5.2456(1) et seq; hospitals established by any two (2) or more cities, villages or townships, or a combination thereof), and county hospitals (1909 PA 139, as amended; MCLA 331.101 et seq; MSA 14.1121 et seq; hospitals established by the board of trustees of counties or combinations of counties). All of these types of hospitals are constructed with public funds and are operated for the benefit of the general public.

It is my opinion, therefore, that hospital construction projects which are fixed works constructed with public funds for the benefit and use of the general public are 'public works' under 1937 PA 240, supra, and the plans and specifications are required to be sealed by registered architects or engineers. However, 1937 PA 240, Sec. 18 and Sec. 22(4), supra, do not apply to 'public works' which cost less than $5,000.00.

With respect to your second question, 1937 PA 240, Sec. 22(4), supra, applies to those situations where public hospital construction plans and specifications are submitted to public officials for approval or for a permit.

The Department of Public Health must approve all hospital construction projects which cost in excess of $150,000.00 by virtue of 1978 PA 368, Sec. 22113(1); MCLA 333.22113(1); MSA 14.15(22113)(1), which reads as follows:

Thus, the Department of Public Health must grant a certificate of need for hospital construction projects prior to the commencement of construction. After the Department of Public Health issues a certificate of need, it must also issue a construction permit for the construction project pursuant to 1978 PA 368, Sec. 20145; MCLA 333.20145; MSA 14.15(20145), which reads, in pertinent part, as follows:

The Department of Public Health must review and approve construction plans and specifications prior to the issuance of a construction permit for a hospital construction project.

The State Fire Safety Board has promulgated fire safety rules requiring the submission of hospital construction plans and specifications to the State Fire Marshal. ⁽²⁾ These hospital construction plans and specifications are submitted to the State Fire Marshal to determine, (1) whether they comport with fire safety rule requirements or, (2) whether a variance of the application of these rules should be granted with respect to a hospital construction project. In either case, hospital construction plans and specifications are submitted to the State Fire Marshal for approval.

1937 PA 240, Sec. 22(4), supra, refers to the submission of plans and specifications to public officials of the State of it's political subdivisions. The term 'public officer' is defined by Webster's Third New International Dictionary as:

It is clear that the State Fire Marshal and the Department of Public Health are within the purview of 1937 PA 240, Sec. 22(4), supra.

It is my opinion, therefore, that plans and specifications for hospital construction projects undertaken by the state, its political subdivisions, counties, cities, townships, or villages consisting of fixed works with the use of public funds and which cost more than $5,000.00 are 'public works' and must be prepared and be sealed by a registered architect or registered professional engineer. It is further my opinion that the plans and specifications of such hospital construction projects, when required to be submitted to the Department of Public Health or the State Fire Marshal, must be sealed by a registered architect or registered professional engineer.

Frank J. Kelley