Ritter v. City of Binghamton
Opinion of the Court
Appeal from a judgment of the Supreme Court at Special Term, entered July 17, 1980 in Broome County, which, in a proceeding pursuant to CPLR article 78, ordered respondents to grant petitioner a permit to do certain electrical work. Petitioner seeks to install a new electrical system in a multifamily dwelling he owns in the City of Binghamton. Section 7-5 of the city’s electrical code requires a permit be obtained before electrical wiring is installed, altered or repaired. City authorities, relying on subdivision (b) of section 7-5 of the code, denied petitioner’s several requests for a permit. That subdivision allows for the issuance of permits to do electrical work to licensed master electricians only. While petitioner admittedly does not have the requisite license, he maintains he is exempt from this license requirement because of subdivision (c) of section 7-41 of the code which provides: “No license shall be required of any person engaged in the work of master electrician *** who is employed exclusively by one person, firm or corporation to make repairs in and about the premises of the said person, firm or corporation by whom he is regularly employed.” Respondents read this provision as exempting only those employed to do electrical repair work, not electrical installation, and then only on industrial property. Enactment of the electrical code unmistakably was prompted by considerations of public safety. Petitioner’s interpretation of subdivision (c) of section 7-41 runs counter to that goal, for rather than ensure safety it would undermine it, for it would allow those unqualified to do so to engage in the complicated and dangerous work of installing electrical systems. But for the fact that we do not read the ordinance as being restricted in application to industrial property, we find persuasive respondents’ argument that subdivision (c) of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.