Ass’n of Master Plumbers v. City of N.Y., 60 N.Y.2d 810 (1983)
An administrative agency’s directive is not arbitrary or contrary to law if it is issued after review of relevant issues and is consistent with the governing code, especially when the directive addresses the practical implementation of existing regulations.
Summary
The Association of Master Plumbers challenged a directive issued by the New York City Commissioner allowing either licensed master plumbers or mechanical, sprinkler, or steam-fitter contractors to install combination fire standpipes, superseding a prior directive that required such installation to be supervised by licensed master plumbers. The Association argued the directive was arbitrary, a public danger, a Building Code violation, and a failure to comply with rule-making and environmental review procedures. The Court of Appeals affirmed the dismissal of the petition, holding that the directive was neither arbitrary nor contrary to law. The Court found no demonstrated basis for the claim of imminent danger to public health and safety and noted that the Building Code did not mandate installation only by master plumbers.
Facts
The Commissioner of the New York City Department of Buildings issued a directive in 1982 allowing either licensed master plumbers or mechanical, sprinkler, or steam-fitter contractors to install combination fire standpipes. This directive superseded a 1975 directive that required such installations to be supervised by licensed master plumbers. The 1982 directive stipulated that connections to the potable water supply system must be made by master plumbers and comply with Reference Standard RS-16.
Procedural History
The Association of Master Plumbers initiated an Article 78 proceeding challenging the 1982 directive. Special Term dismissed the petition, finding no standing and no cause of action. The Appellate Division affirmed the dismissal, agreeing that no cause of action was stated, although two justices concurred that the Association had standing. The Court of Appeals affirmed the Appellate Division’s order.
Issue(s)
Whether the Commissioner’s 1982 directive, allowing contractors other than licensed master plumbers to install combination fire standpipes, was arbitrary or contrary to law.
Holding
No, because the directive was issued after a review of relevant health and other issues and was consistent with the Administrative Code. The Court found no basis for the claim that the directive jeopardized public health and safety.
Court’s Reasoning
The Court found the Association’s allegation of “imminent danger” to public health and safety without any demonstrated basis, noting that the directive was issued after review of health and other issues, and a study conducted by an engineering consultant. The Court also determined that the Building Code did not mandate that only master plumbers could install combination fire standpipes. The court emphasized that the 1982 directive itself contemplated that connections to the potable water supply system would still be made by master plumbers and comply with Reference Standard RS-16. The Court noted that even if rule-making procedures were at issue, the failure to present this specific issue to the lower court precluded consideration by the Court of Appeals. Further, the State Environmental Quality Review Act expressly excepts “inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession” (6 NYCRR 617.13 [b] [11]). The court in effect deferred to the agency’s expertise in interpreting and implementing its own regulations, absent a clear showing of arbitrariness or illegality.