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ORDINANCE N0.
AN ORDINANCE ESTABLISHING A BOARD OF EXAMINERS FOR MECHANICAL HEATING,
AIR CONDITIONING, AND REFRIGERATION, PRESCRIBING RULES AND REGULATIONS,
AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. Function, Membership: For the purpose of ascertaining the
!qualifications of any person desiring to become a Mechanical Heating and Air
Conditioning Installer, to engage in the business of installing, removing, and/or
altering any heating or air conditioning equipment, the Mayor and City Council
shall appoint the following Board of Mechanical Heating and Air Conditioning
Installers Examiners:
(3) Mechanical Heating and Air Conditioning Contractors
(1) General Building Contractor
(1) City Representative from the Inspection Department
Section 1.2. There will be (2) two types of licenses, 1 Service Licenses,
and 2 Contractors Licenses.
Secretary: The Mechanical Inspector shall act as Secretary of the Board
of Examiners for Mechanical Heating and Air Conditioning Installers and shall
make a detailed record of all its proceedings which shall set forth all decisions
of the Board. +
SECTION 2. Terms of Office: Of the members first appointed, one (1) shall
be fora term of one (1) year; one (1) for a term of two (2) years, and two (2)
fora term of three (3), and thereafter they shall be appointed fora term of
three (3) years. Vacancies shall be filled for an unexpired term in the manner in
which original appointments are required to be made. Continued absence of any
member from regular meetings of the Board, shall, at the Chief Appointing Authority,
render such member liable to immediate removal from office.
Quorum: A majority of the members of the Board present at a meeting shall
constitute a quorum and any action taken shall be as binding as if all members
were present.
Calling Meetings: The Board shall meet when called by the Chairman of same
or by a majority of its members.
(1.)
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SECTION 3. Compensation of members: The members of the Board of Examiners
shall be paid Ten Dollars ($10.00) each for examinations give n
SECTION 4. Passing on qualifications of license applicants: it shall be ~"'"~~~~
the duty of the board to pass upon the qualifications of all persons, firms or ~ 13oq
corporations applying for licenses to perform Mechanical Heating arfd Air Condition-
ing work in the City.
SECTION 5. Revocation of license: The Board of Mechanical Examiners shall ~"
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have the right to revoke any license issued by it when the licensee has violated ~
any provision of the Mechanical Code. Before such license can be revoked, notice
of the particular charge or charges must be given, in writing, to the licensee:
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 charges: He
shall have the right to be represented by an attorney of his own choice and the
right to cross-examine any witnesses. The examiner or the Secretary of the Board
shall have the right to summon witnesses and to have their testimony recorded.
When a license has been revoked the Board shall not issue such licensee a new
license until after the expiration of one (1) year from the date of revocation. A
new application must be filed and licensee must prove his qualifications, pay .the
fees and take the examination herein prescribed.
SECTION 6. Application: Any person desiring to engage inthe business of
installin remodelin or alterin of Mechanical Heatin and Air Conditionin ~~~
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equipment shall have a minimal experience of three (3) years and shall make a~
application to the Mechanical Inspector requesting an examination for a license
certificate to cover such operations. The application shall be accompanied by the
fees hereinafter provided. Upon receipt of such application the Mechanical Insp-
ector shall call a meeting of the Board of Mechanical Heating and Air Conditioning
Examiners to consider such application.
SECTION 7. This meeting shall be held once per quarter, in January, April,
June, and Septer~ber. The Board shall set a date to give the examination to determine
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the qualifications of the applicant. ~'~~= ~'`'`1 cs~-~-1 ~- ~ ~
SECTION 8. Examination: A written examination shall be given and the answers
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to questions shall be reviewed and graded by the Board. A grade of seventy-five
per cent (75~) shall be the lowest passing grade. The Application shall be notified
as to the results of the examination within fifteen (15) days after the examination
is taken. The examination shall be given in a fair and impartial manner,
2.
covering the field of Heating, Air Conditioning, and Refrigeration, taken from
a national publication text book covering these subjects. Any applicant failing
to pass the examination shall not be given another test until the expiration of
~0) ninety days.
Fees: The examination fee for Mechanical Heating and Air Conditioning
Installer shall be Fifty ($50.00) dollars.
Section 9. Prerequistes to engaging in business: After a license cert-
~,,,,, ificate has been issued to a Mechanical Heating and Air Conditioning Installer,
he/she shall apply for a Mechanical-Contractor's license with the following re-
quirements before engaging in the business for which the license certificate is
issued.
(1) Bond. A bond in the amount of $5,000.00 shall be executed and delivered
to the City Clerk of the City of West Memphis, Arkansas, having as security thereon
a recongized surety conditioned to guarantee: That all work executed under the
license certificate issued to the Mechanical Contractor will be done in accordance
with the provisions of the Mechanical Code.
SECTION 10. Unauthorized use of License: It shall be unlawful for any Mech-
anical Contractor to allow any other person to use the license certificate of ~`~(
a i al C ntractor for the ur ose of obtainin a ermit or executing any1~~'
such Mech n c o p p 9 P ~
work governed by the provisions of the Mechanical Code. If proof of such action
be submitted to the Board of Mechanical Examiners, the Board shall, after a fair
and impartial hearing instruct the Mechanical Inspector to suspend the license
certificate of such Mechanical Contractor for a period of not less than thirty (30)
days, not more than sixty (60) days. During such period of suspension all work in
progress shall not be resumed until after such period of suspension has elapsed.
SECTION 11. The Board Shall establish rules and regulations for its own ~^~s'~~,,,
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procedure not consistent with the provisions of the Mechanical Code. The Board
shall meet at regular intervals, to be d etermined by the Chairman, or in any event,
the Board shall meet within ten (10) days after a request has been made fora meeting.
SECTION 12. Examination- When not Required: A person, firm or corporation,
who, or which, at the time of passage of this Ordinance, is actively engaged in
business as an Air Conditioner or Heating Contractor, as defined in this Ordinance,
at a lawful location as "proven by records of the City Collector", shall submit
satisfactory evidence to the Board within sixty (60) days after the passage of this
Ordinance, that such person, firm or corporation has been engaged as an Air Cond-
itioning or Heating Contractor immediately preceeding the passage of this Ordinance,
shall be licensed as an Air Condition or Heating Contractor without payment of an
(3)
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examination fee or further examination, upon registration and payment of the license
fee as provided herein.
SECTION 13. 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 in-
stallation of mechanical 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 City of West Memphis, Arkansas, shall be in full
force and effect from and after its passage and approval.
PASSED AND APPROVED. this ~ day of~ L T ~ ,~
1979.
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MAYOR
CITY CLERK
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