In re Final Agency Decision of the Board of Examiners of Electrical Contractors

811 A.2d 484, 356 N.J. Super. 42, 2002 N.J. Super. LEXIS 498
CourtNew Jersey Superior Court Appellate Division
DecidedDecember 17, 2002
StatusPublished
Cited by3 cases

This text of 811 A.2d 484 (In re Final Agency Decision of the Board of Examiners of Electrical Contractors) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Final Agency Decision of the Board of Examiners of Electrical Contractors, 811 A.2d 484, 356 N.J. Super. 42, 2002 N.J. Super. LEXIS 498 (N.J. Ct. App. 2002).

Opinion

The opinion of the court was delivered by

WELLS, J.A.D.

The International Brotherhood of Electrical Workers, Local 269, (IBEW) appeals from a final decision of the Board of Examiners [45]*45of Electrical Contractors (Board) within the Division of Consumer Affairs, Department of Law and Public Safety. That decision held that certain work performed by a contractor, J. Fletcher Creamer, (Creamer) on a New Jersey Turnpike project was not electrical work and therefore, required no permit from the Board and need not have been supervised by a Board licensed electrical contractor.

The facts, upon which the record reveals no material dispute, are simply stated. The IBEW filed a complaint with the Board when it discovered that general laborers, employees of Creamer rather than electrical workers, had installed indoor rigid metal cable-carrying conduit at a project at Exit 7 of the New Jersey Turnpike. The purpose of the project was to convert one or more toll booths for Easy-Pass use by Turnpike motorists.

The complaint charged that the conduit had not been properly grounded or bonded. It claimed the conduit was capable of carrying electrical wire and as such, required that the work be performed by electrical workers and supervised by a Board licensed electrical contractor.

Upon receipt of the complaint, the Board investigated. It discovered that the conduit in question was installed to contain fiber-optic cable to implement the high speed data transmission needs of the largely computerized project. It is undisputed that fiber-optic cable does not transmit electrical current of any voltage, but rather, transmits light pulses.

In a letter response to the complaint dated February 16, 2001, the Board, after reviewing all the documentation sent to it by the IBEW and Creamer, ruled that “there [was] insufficient cause for any action to be taken” against Creamer. The IBEW, in a letter dated March 5, 2001, asked the Board to withdraw its decision for failure to give the IBEW an opportunity to respond to Creamer’s submissions and for failure to advise whether the Board had issued Creamer a license or permit for the work in question.

The Board responded on April 18, 2001. It stated:

[46]*46Please be advised that based on the review of the documentation received, the Board, in its investigation, determined that the work performed did not require a license and business permit as it did not involve a potential of more than ten volts.

The letter further indicated the Board had made its decision “as a matter of law” and that it considered the case closed.

On June 11, 2001, the IBEW wrote once again. It asserted that the work at issue “involved much more than 10 volts, and constitutes work that undeniably requires a license and business permit.” Citing provisions of the Uniform Construction Code and the National Electrical Code of 1999(NEC), which refer to conduit as “raceways,” the IBEW repeated its assertions that the work was electrical in nature, especially where the conduit could accept both fiber-optic cable and electrical wire in the same raceway. The letter then went to state:

In the present instance, our investigators have found that the metal conduit connects directly to the end terminals, creating a continuous electrical conductor. The conduit is grounded in multiple location for electrical purposes, and is fully and completely bonded to the panels. (See Certification of Wayne DeAngelo, enclosed herewith.) As such, we request that the Board reconsider its prior decision based upon this evidence. Attached to the DeAngelo Certification, please find true copies of photographs taken by Mr. DeAngelo at the Exit 7 project, which indicate that the metal conduit is fully bonded directly with the panels, and is grounded. Fletcher Creamer did, in fact, engage in work necessitating a license and business permit in violation of law as set forth at length in our prior letters of complaint.

In an opinion filed on September 7, 2001, and entitled “Amplification of Final Agency Decision Nunc Pro Tunc Pursuant to R.2:5-1(b),” the Board handed down its final determination on the subject. The Board first reviewed the above history of the controversy. Relying in part on our 1993 unpublished decision, In re Nat’l Elec. Contractors Ass’n, Northern N.J. Chapter, Inc., and New Jersey State Elec. Workers Ass’n, I.B.E.W., AFL-CIO, A-3802-90T2, A-3803-90T2, (App.Div.1993), it concluded:

The Board now amplifies as follows its original explanation of its decision in this matter:
The conduit at issue here is intended — as IBEW tacitly acknowledges — to contain fiber-optic cable. This is non-conductive cable, which transmits light impulses rather than electric current, and thus has no voltage potential. For this reason, the installation of the conduit in this instance is exempt work pursuant to N.J.S.A 45:5A-18(j), which exempts from business permit requirements electrical wprk with a potential of less than 10 volts, and beyond the jurisdiction of the Board.
[47]*47The fact that the conduit is bonded and grounded is also not determinative. The Board differentiates between bonding and grounding as an additional safety precaution, and bonding and grounding of systems that are an essential part of a building’s electrical system. An example would be the iron and steel framework of a building, which is required to be grounded to the electrical system. However, this framework carries no voltage, and it has never been maintained that the framework has to be installed by a licensed electrical contractor. Similarly, air conditioning ducts are bonded for additional safety, but an individual who installs the ducts does not require licensure as an electrical contractor.
The conduit in this instance, while it may be connected to a terminal box, does not carry voltage. Work with a voltage potential of no more than 10 volts is exempt work.

We affirm.

Administrative agency decisions are subject to a uniform standard of review and will be upheld, unless the decision is “arbitrary, capricious or unreasonable or it is not supported by substantial credible evidence in the record as a whole.” Henry v. Rahway State Prison, 81 N.J. 571, 579-80, 410 A.2d 686 (1980). The reviewing court will only decide whether the agency’s findings could reasonably have been reached on “substantial” or ‘“sufficient credible evidence present in the record’ considering ‘the proofs as a whole.’ ” In re Taylor, 158 N.J. 644, 656, 731 A.2d 35 (1999) (quoting Close v. Kordulak Bros., 44 N.J. 589, 599, 210 A.2d 753 (1965)). The court gives “due regard” to the factfinder’s ability to judge credibility and to the agency’s expertise, where such expertise is a factor. State v. Locurto, 157 N.J. 463, 471, 724 A.2d 234 (1999); In re Taylor, supra, 158 N.J. at 656, 731 A.2d 35; Close, supra, 44 N.J. at 599, 210 A.2d 753 (1965).

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811 A.2d 484, 356 N.J. Super. 42, 2002 N.J. Super. LEXIS 498, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-final-agency-decision-of-the-board-of-examiners-of-electrical-njsuperctappdiv-2002.