Number 12 September 5, 1973

Number 12 September 5, 1973 Honorable Louis J. Resteghini Director, Division of Registration 100 Cambridge Street Boston, Massachusetts 02202 Dear Mr. Resteghini: You have requested on behalf of the State Examiners of Electricians, my opinion on the following question: "Is a homeowner excluded from the provisions of Section 1 of Chapter 141 of the General Laws (Ter. Ed.) as it relates to installing electrical wiring in his own home?" Section 1 provides, "No person, firm or corporation shall enter into, engage in, or work at the business of installing wires, conduits, ap- paratus, fixtures or other appliances for carrying or using electricity for light, heat or power purposes, unless such person, firm or corporation shall have received a license and a certificate therefor, issued by the state examiners of electricians and in accordance with the provisions hereinafter set forth." The key word in the section, as it is involved in your request, is "business." While the word may connote mere "activ- ity," for profit or otherwise, it also may be construed more narrowly to include only the engagement of one's self for some kind of compensa- tion. 1 am inclined to the view that the General Court intended the latter construction. The principal aim of the section, and of c. 141 generally, appears to be the protection of those who deal with electricians. The State Examiners, in effect, give electricians their credentials so that the public will be as- sured of their qualifications. There is no need for such credentials when an individual does his own electrical work, and thus the section is in- applicable to such a person. My conclusion is supported by the unreported opinion of Chief Justice McLaughlin of the Superior Court in Herrick v. Butler (Nantucket Superior Court. Eq. No. 1524) (1972). There, the Chief Justice ruled that the provisions of G. L. c. 142, dealing with plumbing but similar in language to those of c. 141, were directed at regulating the practice of plumbing as a profession and were not aimed at preventing individuals 70 P.D. 12 from doing their own work. He stated that the latter purpose was ac- complished by other sections, whose counterparts are not found in c. 141. In conclusion, for the reasons stated above, I answer your question in the affirmative. Very truly yours, ROBERT H. QUINN Attorney General