Reilly Electrical Contractors, Inc. v. State Department of Labor & Training ex rel. Orefice
46 A.3d 840
R.I.2012Background
- Reilly Electrical Contractors, Inc. (Relco) and its employees installed hollow PVC conduit under a Rhode Island College soccer field, with no electrical wiring present at the time.
- Rhode Island Department of Labor and Training (DLT) cited Relco and four workers for violating G.L.1956 § 5-6-2 and issued cease-and-desist orders and fines for unlicensed electrical work and for operating without a state permit.
- DLT and the Board of Examiners of Electricians held that § 5-6-2 required a licensed electrician to install such PVC conduit.
- Relco appealed to the board; after an initial hearing, DLT vacated the penalties due to due-process concerns and reissued new notices with a right to a hearing; Relco appealed again.
- At the second board hearing, the inspector and Relco acknowledged the PVC material as electrical conduit designed to carry electricity, and the board affirmed the violations.
- A Superior Court justice denied Relco’s appeal; on certiorari, the Rhode Island Supreme Court affirmed, holding that the PVC conduit was within § 5-6-2 and required an electrician.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the PVC material was conduit under § 5-6-2 | Relco argued the PVC was preparatory/pipe, not conduit carrying electricity. | DLT and board argued the PVC conduit was for carrying electricity. | PVC conduit falls within § 5-6-2; licensed electrician required. |
Key Cases Cited
- Unistrut Corp. v. State Department of Labor and Training, 922 A.2d 93 (R.I. 2007) (conduit meaning constrained to carrying electricity; distinguishes apparatus interpretation)
- Auto Body Association of Rhode Island v. State Department of Business Regulation, 996 A.2d 91 (R.I. 2010) (administrative review standard; scope is legal questions with deference to agency findings)
- Iselin v. Retirement Board of the Employees’ Retirement System of Rhode Island, 943 A.2d 1045 (R.I. 2008) (plain meaning rule for unambiguous statutes)