Five Boro Electrical Contractors Ass'n. v. City of New York

61 Misc. 2d 1050, 307 N.Y.S.2d 754, 1970 N.Y. Misc. LEXIS 1947
CourtNew York Supreme Court
DecidedJanuary 26, 1970
StatusPublished
Cited by3 cases

This text of 61 Misc. 2d 1050 (Five Boro Electrical Contractors Ass'n. v. City of New York) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Five Boro Electrical Contractors Ass'n. v. City of New York, 61 Misc. 2d 1050, 307 N.Y.S.2d 754, 1970 N.Y. Misc. LEXIS 1947 (N.Y. Super. Ct. 1970).

Opinion

Arnold L. Fein, J.

Plaintiffs move for summary judgment in an action for a declaratory judgment to declare unconstitutional certain provisions of title B of chapter 30 of the Administrative Code of the City of New York and the construction and application thereof by certain city agencies.

Plaintiffs contend that sections B30-13.0 (subd. a, par. 2) and B30-16.0 (subd. a, par. 5), which, prohibit the sharing of office space by licensed master electricians, and section B30-4.0 (subd. 62), which has been construed by the Department of Water Supply, Cas and Electricity to limit the issuance of a master electrician’s license to only one member of a partnership and only one officer of a corporation, after appropriate examination and tests, violate the equal protection and due process requirements of the State and Federal 'Constitutions. Plaintiffs further argue that the restrictions imposed by sections B30-13.0 (subd. a, par. 2) and B30-16.0 (subd. a, par. 5), denying master electricians the right to share space, have no rational basis and arbitrarily interfere with the constitutional rights of persons to conduct their businesses where and as they choose.

[1051]*1051There are no factual issues requiring a trial.

It is well established that in construing particular provisions of a statute the court must take “ into consideration the entire statute ” (People v. Dethloff, 283 N. Y. 309, 315).

1 ‘ An instrument must always be construed as a whole, and the particular meaning to be attached to any word or phrase is usually to be ascribed from the context, the nature of the subject matter treated of, and the purpose or intention of the parties who executed the contract, or of the body which enacted or framed the statute or constitution” (Cummings v. Board of Educ. of City of N. Y., 275 App. Div. 577, 586, affd. 300 N. Y. 611; Panama Refining Co. v. Ryan, 293 U. S. 388).

‘ ‘ In the interpretation of statutes, the spirit and purpose of the act and the objects to be accomplished must be considered.” (People v. Ryan, 274 N. Y. 149, 152.)

The provisions here under attack must, therefore, be viewed in conjunction with its purpose and with several other pertinent provisions of the Administrative Code. Section B30-2.0, which sets forth the purpose and spells out the legislative intent underlying the electrical code provides: ‘1 Since there is danger to life and property inherent in the use of electrical energy, the electrical code is enacted to regulate the business of installing, altering or repairing wiring and appliances for electric light, heat or power in or on all real property within the building lines in the City of New York and the licensing of all persons who engage in such business.”

The provisions of this section, along with section B30-4.0 (subd. 62), have remained unchanged since their enactment in 1943. Examination of section B30-5.01, which empowers the Commissioner to make rules and regulations concerning the examination of applicants for licenses and for the issuance, suspension and revocation of licenses, and section B30-9.0 which provides for the appointment of a License Board to determine the fitness of applicants for licenses, and section B30-10.0, which sets forth the qualifications necessary for applicants, and finally section B30-12.0, which provides for examination and investigation of applicants, clearly demonstrate the concern and stringent efforts of the Legislature to safeguard the health, comfort and safety of the residents of the city. This intent is further established by the provisions that all electrical work must be done under the supervision of a licensed master electrician.

Thus, in section B30-4.0 (subd. 61) a master electrician is defined, in part, as a person or other business entity who is engaged in the electrical business who has ‘ 1 the final determination and the full responsibility for the manner in which the work [1052]*1052is done and for the selection, supervision and control of any persons employed on the work engaged in by said person, partnership or corporation.”

It is obvious that the purpose of the code in imposing stringent qualifications and safeguards is to provide for safety and enforcement, and to insure that the ultimate responsibility for any violation of the code can be determined with ease and certainty. The entire statute must be read with this end and purpose in view. (United States v. American Trucking Assns., 310 U. S. 534, 543; Panama Refining Co. v. Ryan, 293 U. S. 388, 439.)

These necessary and proper objectives make plaintiffs’ reliance upon the equal protection clauses of both the State and Federal Constitutions untenable. Equal protection does not prevent all legislative classifications. In the exercise of its regulatory powers, the Legislature is not required to treat all persons alike. It may divide persons or things into classes, or categories, as long as such classifications are based upon a reasonable and substantial distinction which, in turn, bears a reasonable and just relationship to the purpose or subject of regulation. Where the classification has a reasonable basis, and is clearly related to the evil sought to be overcome, the classification is constitutional, if all in the class are treated in like manner. (Matter of Engelsher v. Jacobs, 5 N Y 2d 370, cert. den. 360 U. S. 902.)

The “ standards of equal protection are met if a classification, or a distinction among classes, has some reasonable basis.” (Matter of Bauch v. City of New York, 21 N Y 2d 599, 607.)

As stated in Metropolitan Cas. Ins. Co. v. Brownell (294 U. S. 580, 584): ‘ ‘ courts may not declare a legislative discrimination invalid unless, viewed in the light of facts made known or generally assumed, it is of such a character as to preclude the assumption that the classification rests upon some rational basis within the knowledge and experience of the legislators. A statutory discrimination will not be set aside as a denial of equal protection of the laws if any state of facts reasonably may be conceived to justify it.”

The legislation under consideration here attempts to guarantee to the public that the holder of a master electrician’s license possesses the necessary skills to perform the tasks for which he is employed and that the licensee, doing the particular job, can be easily and readily identified. Thus, section B30-13.0 requires that a licensed electrician shall prominently display a sign of specified size.

[1053]*1053The very provisions here under attack were noted with approval in Matter of Spielvogel v. Ford (1 N Y 2d 558, 564): In addition, the City Council and the Department of Water Supply, Gas and Electricity has provided that any firm, partnership or corporation shall not have more than one master electrician in its employ (Administrative Code of City of New York, § B30-4.0, subd.

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61 Misc. 2d 1050, 307 N.Y.S.2d 754, 1970 N.Y. Misc. LEXIS 1947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/five-boro-electrical-contractors-assn-v-city-of-new-york-nysupct-1970.