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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. 6595 August 2, 1989 ARCHITECTS: Plans and specifications for telephone or computer projects ENGINEERS: Plans and specifications for telephone or computer projects WORDS AND PHRASES: "Public work" Telephone or computer projects are not "public works" under the Occupational Code requiring a licensed architect or engineer to draw up plans and specifications for such projects. Honorable Alvin J. Hoekman State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion on the applicability of Article 20 of the Occupational Code on the following question: "Does this act require a licensed architect or engineer to draw up plans and specifications for projects (i.e. telephone and computer) of over $15,000, if public monies are involved?" The Occupational Code, 1980 PA 299, MCL 339.101; MSA 18.425(101), regulates certain occupations, including architects and professional engineers. MCL 399.2001 et seq; MSA 18.425(2001) et seq. MCL 339.2011; MSA 18.425(2011), provides: "(1) 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 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. "(b) The review of the materials used and completed phases of construction is made under the direct supervision of 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." MCL 339.2011; MSA 18.425(2011), applies to the construction of a public work undertaken by the state or its political subdivisions, but only if the public work costs more than $15,000.00. The term "public work" is not defined in the Occupational Code, but was defined by the Michigan Supreme Court in Ellis v Common Council of Grand Rapids, 123 Mich 567, 569; 82 NW2d 244, 246 (1900) to mean " 'all fixed works constructed for public use, as railways, docks, canals, waterworks, roads, etc,' " quoting from the Century Dictionary. (Emphasis added.) See also OAG, 1939-1940, p 358, 359 (December 15, 1939) (construction of commercial buildings used by the public is a public work); and OAG, 1979-1980, No 5805, p 1051, 1053 (October 27, 1980) (construction of public hospital building is a public work). OAG, 1979-1980, No 5696, p 726, 730 (April 21, 1980), relied upon the definition of "public work" set forth in Ellis, supra, and concluded that a contract for the purchase or acquisition of a tug and four barges was not a contract for a "public work" under a statute requiring the posting of a bond for construction of public works because "public works" are fixed works. In point is the decision of the Louisiana Supreme Court in Wallace Stevens, Inc v. Lafourche Parish Hospital Dist No 3, 323 So2d 794 (La 1975), which cited with approval the Ellis decision and concluded that the acquisition of telephone service was not a fixed construction so as to constitute a public work within the statutory bid requirement for public works: "It does not include telecommunications services that may be provided in a building or in connection with its use." 323 So2d at 796. Installation of a telecommunication services or computer services in a public building is not a fixed construction constituting a public work within the contemplation of MCL 339.2011; MCL 18.425(2011). Thus, plans sealed by a licensed architect or professional engineer for such systems are not required. The Legislature may, if it chooses, amend the statute to require plans for such installations to be sealed by a licensed architect or professional engineer. It is my opinion, therefore, that telephone or computer projects are not public works within the intendments of the Occupational Code, MCL 339.2011; MSA 18.425(2011), requiring a licensed architect or engineer to draw up the plans and specifications for such projects. Frank J. Kelley Attorney General
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