1309ORDINANCE NO. (30~
AN ORDINANCE TO AMEND ORDINANCE 982 TO ABOLISH THE
EXAMINATION PROCEDURES OF THE BOARD OF MECHANICAL
HEATING AND AIR CONDITIONING INSTALLERS EXAMINERS AND
TO REQUIRE ALL MECHANICAL HEATING AND AIR CONDITIONING
INSTALLERS TO POSSESS A MECHANICAL CONTRACTORS LICENSE
FROM THE STATE OF ARKANSAS, ESTABLISHING AN EMERGENCY
AND FOR OTHER PURPOSES.
WHEREAS, the State of Arkansas :issues licenses for
mechanical contractors and regulates such industry, which
includes mechanical heating and air conditioning
installers; and.
WHEREAS, it has been recommended by the Building
Inspector that the examination pr-ocedures of the Board of
Mechanical Heating and Ai-r Conditioning Installers
Examiners be abolished and that all mechanical heating and
air conditioning installers operating in the City of West
Memphis, Arkansas, be required to possess a mechanical
contractor's license issued by the State of Arkansas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS, THAT:
SECTION 1. Section ~ of Ordinance 982 is hereby amended
to read as follows:
Passim on aualifications of aur~licant.s. It shall be
the duty of the board to pass upon the qualifications of
all persons, firms or corporations applying to perform.
mechanical heating and air conditioning work in the City.
SECTION 2. Section 5 of Ordinance 982 is hereby amended
to read as follows:
The Board of Mechanical Heating and :air ,~ondit.ioning
Installers Examiners shall have the rigl~it to recommend the
revocation of an~r mechanical contractor's license when the
Licensee has violated ani- provision of the Nlechanica]_ Code.
Before the revocation of such license can be recommended,
notice of the particular charge or charges must be given,
in writing, to the Licensee and a public hearing must be
held. The Licensee must be given an opportunity to answer
the charges and to offer evidence, written or oral, on such
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charges. He shall ha~re the right to be represented by an
attorney of hi.s own choice and the right to cross-examine
and- witnesses. Tht:~ examiner or the Secretary of` the Board
shall have the right to summon witnesses and to have their
testimony recorded.
SECTION 3. Section 5 of ordinance 982 is hereby amended
to read as follows:
Any person, fir~m or corporation desiring to engage in
the business of installing, remodeling or altering of
mechanical heating and air conditioning enuipment, within
the City of West 'Memphis, Arkansas, shall possess a valid
Mechanical Contractor's License issued by the State of
Arkansas. No person, firm or corporation possessing a
Mechanical Contractor's License shall permit any person
other than his employees to work under his license and/or.
permits.
SECTION 4. Sections i and 8 of Ordinance 982 are hereby
repealed.
SECTION 5. Section 10 of Ordinance 982 is hereby
amended to read as follows:
It shall be unlac~ful for any Mechanical Contractor to
allow any other person to use the license certificate of
such Mechanical c.'ontractor for the purpose of obtaining a
permit or executing any work governed. by the provisions of
the Mechanical Code. If proof of such action be submitted
to the Board of Mechanical Heating and. Air Conditioning
Installers Examiners, the Board shall, after a fair and
impartial hearing, recommend the suspension of such
Mechanical Contract,or's license. During any such period of
suspension, all work in progress shall not be resumed until
after such period of suspension lras elapsed.
SECTION 6. Section 11 of Ordinance 982 is hereby
amended. to read s follows:
The Board shall establish rules and regulations for its
own procedure not inconsistent with the provisions of the
Mechanical Code. The Board shall meet at regular intervals,
w ~ ~
to be determined by the Chair.man,or in any event, the Board
shall meet within t.en (10) days after a request has been
made for a meeting.
SECTION 7. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
SECTION 8. EMERGENCY CLAUSE. It being found and
determined by the City Council of the City of West Memphis,
Arkansas, that this Ordinance is necessary to insure the
safe installation of mechanical heating and air
contitioning devices in the City of West Memphis, Arkansas,
and this Ordinance being further necessary for the
preservation of the public peace, health, safety and
welfare of the Citizens of West Memphis, Arkansas, shall be
in full force and effect from and after its passage and
approval.
PASSED AND APPROVED this 17th day of September 1987.