Magula v. Department of Labor & Industries

116 Wash. App. 966
Court of Appeals of Washington·Decided May 22, 2003·No. No. 21404-4-III·Published·Cited by 11 cases

Opinion

Sweeney, J.

The question here is whether polyvinyl chloride (PVC) conduit — when used to carry electrical wires — is “electrical equipment” which must by statute (former RCW 19.28.120(1) (1992)1) be installed by a licensed electrical contractor. The trial judge accepted the agency’s conclusion that this is electrical equipment. Giving the deference traditionally afforded the agency charged with implementing the statute, we affirm the decision of the trial judge.

FACTS

Pat Maguía is a licensed general contractor. And in that capacity, he routinely installs PVC conduit for the utility company. The conduit houses and protects electric wires.

Generally, his process is this. An electrical contractor wires the house. An electrician brings conduit in the house to the ground and straps it to the house. The general contractor tells the utility company that the house is ready for service. The utility company then specifies conduit and the depth of a trench from its transformer to the house. The contractor digs a trench from the house to the utility’s [969] transformer and lays the PVC pipe in the trench. The PVC pipe is then connected to a meter on the house. The utility company inspects it. The contractor backfills the trench. And the utility company later connects the conduit to the transformer and pulls the wires from the house to the transformer.

Here, Mr. Maguía laid down three-inch rigid, nonmetallic PVC conduit for electrical wiring in the course of building a single family house. An electrical inspector with the Department of Labor and Industries cited him for performing electrical work without a license. Mr. Maguía appealed the citation.

An administrative law judge concluded that the conduit was electrical “equipment,” see former RCW 19.28.005(8) (1993), and therefore had to be installed by an electrical contractor (former RCW 19.28.120(1)). Mr. Maguía appealed to the state electrical board. The electrical board affirmed the administrative law judge’s decision. Mr. Maguía next petitioned for judicial review of that decision. A superior court judge concluded that the board’s interpretation of former RCW 19.28.060 (1993) should be given deference and affirmed the board’s ruling.

DISCUSSION

Standard of Review

We review an agency’s legal conclusions de novo. RCW 34.05.570(3)(c), (d); City of Redmond v. Cent. Puget Sound Growth Mgmt. Hearings Bd., 136 Wn.2d 38, 45, 959 P.2d 1091 (1998).

Burden of Proof

Mr. Magula must establish the invalidity of the board’s order. RCW 34.05.570(l)(a), (d); Postema v. Pollution Control Hearings Bd., 142 Wn.2d 68, 77, 11 P.3d 726 (2000).

Statutory Construction

Agency Deference. We defer to the agency’s interpretation if the statute is ambiguous. Postema, 142 Wn.2d at 77. “‘A statute is ambiguous if it can reasonably be inter[970] preted in two or more ways, but it is not ambiguous simply because different interpretations are conceivable.’ ” Fraternal Order of Eagles, Tenino Aerie No. 564 v. Grand Aerie of Fraternal Order of Eagles, 148 Wn.2d 224, 239-40, 59 P.3d 655 (2002) (quoting State v. Keller, 143 Wn.2d 267, 276, 19 P.3d 1030 (2001), cert. denied, 534 U.S. 1130 (2002)).

Canons of Construction. We try to view the statute at issue here in the context of related statutes or other provisions of the same act to arrive at its meaning. Dep’t of Ecology v. Campbell & Gwinn, L.L.C., 146 Wn.2d 1, 10-12, 43 P.3d 4 (2002). We still derive the plain meaning from the words of the statute. But we derive their meaning by placing those words in the broader statutory scheme. Id. at 11-12.

Statutes at Issue.

A general electrical contractor license shall grant to the holder the right to engage in, conduct, or carry on the business of installing or maintaining wires or equipment to carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or insulate such wires or equipment to be operated by electric current, in the state of Washington.

Former RCW 19.28.120(l)(h). “‘Equipment’ means any equipment or apparatus that directly uses, conducts, or is operated by electricity but does not mean plug-in household appliances.” Former RCW 19.28.005(8) (emphasis added).

Mr. Maguía argues that the words “conduct” and “convey” in this context mean capable of being charged with electricity. And the PVC conduit here is incapable of an electrical charge. The administrative law judge relied on the dictionary definition of “conduct” — “to show the way to; lead; guide; to be or mark the way.” Electrical Board Record (BR) at 57 (citing Webster’s New World Dictionary of the American Language (2d college ed. 1972)). With that definition in hand, the administrative law judge then concluded that “[c]learly, the conduit Appellant was installing was for the specific purpose of guiding or leading the electrical wire [971] that was to be installed inside the conduit at a later time.” BR at 57.

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Magula v. Department of Labor & Industries, 116 Wash. App. 966 (Wash. Ct. App. 2003).

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