Board of Examiners of Electrical Contractors v. S. T. Peterson & Co.
Board of Examiners of Electrical Contractors v. S. T. Peterson & Co.
Opinion of the Court
The opinion of the court was delivered by
Defendant was held liable in the Middlesex County District Court for a statutory penalty for failure to obtain a state business permit required of persons or firms engaged in the business of electrical contracting, pursuant to N. J. S. A. 45 :5A-9 (one of the sections of the Electrical Contractors Licensing Act of 1963).
According to the Statement of Pacts settled by the trial court, to which no objection has been raised, defendant corporation is a general building contractor which in 1966 was engaged to do plant maintenance work, including electrical work, by Shell Chemical Company. Defendant obtains, directly from the union, journeymen electricians to do electrical work of various kinds called for under the plant maintenance agreement. Defendant does no new electrical construction but does do electrical work involving “upkeep and calibration of machines and instruments and installation, replacement, removal and rerouting of electric power lines.” Both “repair and preventive maintenance work on production machines” is performed by defendant’s electricians.
Defendant argues, first, that it is not an electrical contractor within the meaning of the statute, but does not
Next, defendant contends that most of its electrical work is exempted by specific provisions of the act. Eor example, “[mjinor repair work such as the replacement of lamps and fuses,” N. J. S. A. 45:5A-18 (a); “connection of portable electrical appliances to suitable permanently installed receptacles” (18(b)); “[t]he testing, servicing or repair of electrical equipment or apparatus” (18(c)). Clearly, under the trial court’s findings of fact, a good deal of the electrical work done by defendant would be exempt under one or another of the provisions quoted, especially “testing, servicing or repair” of equipment. But not all of it. The trial court findings also include, as noted above, electrical work of a general maintenance character and also “installation, replacement, removal and rerouting of electric power lines.” There is no exemption for these kinds of work, and their performance, insofar as not affirmatively shown by this record to fall within any of the specific statutory exemptions, justifies the conclusion below of comprehension of defendant by the statute and liability for the penalty for failure to secure the required permit.
Defendant also argues for exemption under section 18 (k), which exempts electrical work consisting of:
“[r]epair, manufacturing and maintenance work on premises occupied by a firm or corporation, and installation work on existing buildings occupied by a firm or corporation and performed by a regular employee wbo is a qualified journeymen electrician.”
Eor the foregoing reasons exemption (k) does not aid defendant’s cause.
Finally, defendant argues that it is unconstitutionally discriminated against by the distinction made by exemption (k) if it is not held to come within it. The circumstance of the employees being employed by defendant rather than by Shell is argued to constitute an unreasonable distinction, for exemption purposes, viewed from the standpoint of the safety objective of the legislation. However, the Supreme Court
Judgment affirmed.
We note, however, that the Supreme Court apparently had no occasion expressly to pass upon the constructional argument hero advanced by defendant.
Reference
- Full Case Name
- BOARD OF EXAMINERS OF ELECTRICAL CONTRACTORS, PLAINTIFF-RESPONDENT v. S. T. PETERSON & CO., INC.
- Cited By
- 1 case
- Status
- Published