1312ORD I NANCB NO . ~ 3101
AN ORDINANCE TO AMEND ORDINANCB 943 TO REPBAL THE
EXAMINATION PROCEDURES OF TH8 BOARD OF EXAMINERS FOR
PLUMBERS AND TO REQUIRE ALL PLUMBERS PERFORMING WORN
WITHIN THE CITY TO HOLD A VALID MASTBR PLUMBER'S
LICENSE FROM THE STATE OF ARKANSAS, ESTABLISHING AN
EMERGENCY AND FOR OTHER PURPOSBE3.
WHEREAS, Arkansas Statutes provide for the licensing
and regulation of plumbers by the State Board of Health;
and
WHEREAS, the Building Inspector has recommended that
the examination procedures for the Board of Examiners for
Plumbers established by Ordinance 943 be repealed and that
all persons performing plumbing work within the City of
West Memphis, Arkansas, be required to hold a valid Master
Plumber's license issued by the Plumber Licensing Division
of the State Board of Health;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. Section 2 of Ordinance 943 is hereby amended
to read as follows:
There is hereby created and established a Board of
Examiners for plumbers; said Board shall consist of four
members who shall be appointed by the Mayor with the advice
and consent of the City Council and who shall be appointed
for a term of one year from the first day of January of the
year of their appointment and shall be appointed annually
thereafter before the first day of January and said Board
shall have the power and it shall be its duty to inquire
into the qualifications of all persons who are engaged in
or desire to engage in the business of plumbing
construction, maintenance or any maintenance of plumbing
equipment or other work connected directly or indirectly
with the plumbing work.
Vacancies for any unexpired term shall be filled in the
same manner as herein provided for the original appointment
of members. The Board shall elect one of its members to be
its secretary and-who shall keep a full and complete record
of all acts and proceedings of the Board.
SECTION 2. Section 3 of Ordinance 943 is hereby amended
to read as follows:
The Board of Examiners shall adopt such rules and
regulations for the conduct of the business of the Board of
Examiners as may be necessary not in conflict with the
statutes of the State of Arkansas, the provisions of this
ordinance or with any other ordinance of hte City of West
Memphis.
The Board of Examiners shall have the authority to hold
hearings to determine if the holder of a certificate of
competency or license has permitted the use of his
certificate of competency or license by another person,
firm, partnership or corporation, and may require such
evidence as it shall need to determine if the holder of a
license or certificate has permitted the use of his license
or certificate by another. At such hearing, if the Board
finds such improper use by the holder of a certificate of
competency or license, then, and in that event, the Board
of Examiners may recommend the revocation or suspension of
the certificate or license of such holder.
SECTION 3. Section 6 of Ordinance 943 is hereby amended
to read as follows:
Every plumber performing plumbing work in the City of
West Memphis shall give bond in the penal sum of Five
Thousand Dollars ($5,000.00) to be approved by the Board of
Examiners; said bond shall be payable to the City of West
Memphis and any citizen who may be damaged by imperfect
work done by such plumber for failure to comply with the
ordinances of the City of West Memphis or the plumbing
codes and the statutes of the State of Arkansas, and said
bond shall be conditioned that said plumber shall indemnify
and hold harmless the City of West Memphis and all persons
from damages caused by the negligence or imperfect work
done by him or his servants agents or employees. Said bond
shall be renewed each year and shall expire on December 31
on each year after its issuance, and if the security should
become impaired before the expiration of the bond, the
Secretary of the Board or the City Clerk shall require
additional bond.
SECTION 4. Section 7 of Ordinance 943 is hereby
repealed.
SECTION 5. Section 8 of ordinance 943 is hereby amended
to read as follows:
The Board of Examiners shall have the power and
authority to issue to an individual, company or corporation
a certificate that would exempt an individual, company or
corporation from complying with the sections on established
place of business and/or bondage.
SECTION 6. Section 9 of Ordinance 943 is hereby anended
to read as follows:
From and after the passage of this ordinance it shall
be unlawful for any person to engage in plumbing work in
any of its phases, including the installation of plumbing
fixtures or equipment, or doing anything directly or
indirectly connected with plumbing work without possessing
a valid Master Plumber's License issued by the Plumber
Licensing Division of the State Board of Health. Any person
in the City of West Memphis holding himself out as licensed
to do plumbing work of any kind, in any of its branches,
without first securing a Master Plumber's License shall be
deemed guilty of violation of the provisions of this
ordinance.
SECTION 7. Section 10 of Ordinance 943 is hereby
repealed.
SECTION 8. Section 13 of Ordinance 943 is hereby
repealed.
SECTION 9. Section 15 of Ordinance 943 is hereby
amended to read as follows:
Any person violating any of the provisions of this
ordinance or any rule or regulation established or
prescribed under the authority herein designated shall be
guilty of a misdemeanor, on conviction thereof shall be
4 ~' ~
fined in a sum of not less than $10.00 nor more than $50.00
for each and every violation of the law, and in addition
thereto, the Board may recommend the suspension or
revocation of the certificate or license of the person or
persons involved in such violation.
SECTION 10. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
3BCTION 11. EMBRGENCY 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 plumbing 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 ~,ly day of September, 198?.
MAYOR
ATTEST:
CI E