9424.,.
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ORDINANCE N0.
AN ORDINANCE FOR THE CREATION OF A BOARD FOR EXAMINING AND LICENSING
GAS FITTERS; TO PROVIDE RULES AND REGULATIONS FOR LICENSING AND EXAM-
INING SUCH PERSONS; THE ISSUANCE OF CERTIFICATES OF COMPETENCY AND
TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
SECTION l: Ordinance repeal: That Ordinance no. 429 passed and
approved December 6, 1962, and Ordinance No. 911 passed and approved
July 21, 1977 be void and repealed.
SECTION 2: There is hereby created and established a Board of
Examiners for gas fitters; said Board shall consist of four members
who shall be appointed annually thereafter before the first day of
January and said Board shall be known as the Board off' Ex~.ma.n~rs for
Gas Fitters. Said Board shall have the power and it shall be its duty
to examine into the qualifications of all persons who are engaged in
the business of gas piping and maintenance or other work connected
directly or indirectly with gas fitters 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. The Board of Examiners shall keep and preserve a record of
all gas fitters examined by them and to whom a certificate has been
issued. Said record shall be kept in a well bound volume and shall
become a permanent record of the City of West Memphis.
SECTION 3: The Board of Examiners shall adopt such rules and
regulations for the examination of all applicants for licensing as
gas fitters and the issuance of certificates, for the conduct of the
business, of the Board of Examiners as may be necessary not in con-_
~.••• flict with the statutes of the State of Arkansas, Codes and provisions
of this ordinance or with any other ordinance of the City of West Memphis.
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Examinations shall be held by the Board in the City Hall of
West Memphis, Arkansas, in the months of January, April, July and
October, provided the applicants have their exam. fee posted with
the City Clerk before the fifth (nth) day of the month the exam-
ination is given. The examination shall be held at a time to be
set by the Board in the above stated months and each applicant for
the examination shall be notified in writing five days prior to the
holding of the examination. Each member of the Board shall sub-
mit an equal number of questions on each examination and said ques-
tions are to be taken from the National or State Code or questions
having a direct bearing on gas installations.
Any person passing the examination by a score or grade of 7096
shall then have issued a certificate of competency and be entitled
to purchase and procure a license authorizing such person to pur-
chase permits for gas fitting work in the City of West Memphis,
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Arkansas, and all gas work to be done pursuant to any permit issued
`~ shall be under the direct supervision of the licensed gas fitter at
all times. The certificate of competency and license shall be the
sole property of the person passing the examination and no certi-
ficate of competency or license shall be assignable or transfer-
able and any evidence of such transfer or assignment shall con-
stitute grounds and/or cause for the cancellation of said certi-
ficate and/or license.
The Board of Examiners shall have the authority to hold hear-
ings to determine if the holder of a certificate of competency or
license has permitted the use of his settificate of competency or
license to be used by another person, firm, partnership or corp-
. oration 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 to 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 Exam-
iners may revoke the certificate of competency or license by such
rioluer.
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SECTION 4: No license shall be issued to any licensed gas fitter'
unless such licensed gas fitter shall have and inaintdin an established
glace of business within the city limits of West Memphis. Arkansas. and
have displayed in a prominent location, his business name and shall
maintain a telephone for the business. A field office located within
the city limits shall not be considered as an established place of
business.
SECTION 5: Before any person shall engage in the business of
gas installation work in any of its phases, the name, residence and
place of business of such person shall be furnished and recorded in a
book or books to be kept by the office of the City Clerk for .that
purpose and any change in ownership or the place of business shall
be promptly reported to the offhce of the City Clerk and such change
shall be noted by the City Clerk.
SECTION fi: Every gas fitter performing gas installation work in
the City of West Memphis shall give a 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 citi-
zen who may be damaged by imperfect work done by such gas fitter for
failure to comply with the Ordinances of the City of West Memphis, the
pertinent codes and the statutes of the State of Arkansas and said
bond shall be conditioned that said gas fitter shall indemnify and
hold harmless the City of West Memphis and all persons for damages
caused by the negligence or imperfect work done by him or his ser-
wants, agents or employees. Said bond shall be renewed each year and
each
shall expire on December 31 of year after its issuance and if the
security shall become impaired before the expiration of the bond, the
Secretary of the Board or the City Clerk shall require additional bond.
X11 licenses issued by the City Clerk shall expire on December 31
of each year and if not renewed by January 31 of the following year it
shall become void. Another examination before the Board of Examiners
may be required and applicant shall pass said examination and be issued
a cerificate of competency before being issued a license by the City
Clerk to engage in the gas installation business.
The certificate issued by the Board of Examiners shall not be
considered as the annual license fee required of every person engaged
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in or following the business of gas installation or gas fitting or
maintenance of gas equipment but is in addition to the annual
license fees, above referred to, and provided by Ordinance.
SECTION 7: The fee charged an applicant by the Board of Examiners
shall be Forty Dollars ($40.00) for each examination.
SECTION 8: "The Board of Examiners shall have the power and auth-
ority to issue to an individual, company, or corporation, a Certificate
of Examination for License that would exempt an individual, company or
corporation from complying with the sections on established place of
business and/or bondage."
SECTION 9: From and after the passage of this Ordinance it shall
be unlawful for any person, to engage in gas installation work in any
of its phases including the installation of gas fixtures or equipment
or doing anything directly or indirectly connected with. gas installa-
tion work, without first having made application to the Board of Ex-
aminers and having secured a certificate of competency and license
as herein provided. Any person in the City of West Memphis holding
himself out as licensed to do gas installation work of any kind, in
any of its branches, without first having secured a license in the
mannner herein provided, shall be guilty of violation of the provisions
of this ordinance.
SECTION 10: Every person, desiring to engage in gas installation
work in any of its branches shall apply in writing to the Secretary of
the Board and shall deposit with the Treasurer of the .City ~f West
Memphis the fee as set in section ~7i~ herein above required by this
ordinance for the examination herein provided for.
The Board shall fix the hour at which said applicant shall appear
and be examined and the Board of Examiners shall examine the applicant
to determine his qualifications and fitness to carry on the business of
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perfoming gas installation work. If the Board shall find upon examina-
tion that the applicant has a reasonable knowledge of the nature and
practical rules of gas installation work, the safe, correct and
approved manner of installing gas equipment or fixtures, and is fami-
liar with the ordinances of the City of West him phis, the pertinent
codes and the statutes of the St ate of Arkansas governing the instal-
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lation of gas equipment, fixtures and devices, then the Board shall
issue to said person a certificate to engage in and carry on the busi-
ness of gas installation work and shall register such person as duly
certified under .the terms and provisions of this ordinance.
SECTION 11: The certificate created hereunder may be suspended
or revoked for a violation of the provisions of this ordinance or any
section therof or any other ordinance governing installation or in-
spection of gas equipment, fixtures, apparatus or devices.
SECTION 12: Any member of the Board of Examiners may be removed
by the Mayor of the City of West Memphis for incompetency, ineffici-
ency, or dereliction of duty. The Board shall serve without pay in-
eliding the Secretary thereflf.
SECTION 13: Each member of the Board of Examiners shall receive
the sum of Ten Dollars ($10.00) as compensation for each examination
given provided such Board member participates.
SECTION 14: By the term "gas fitter" as used in this ordinance,
is included all work of every character connected with the installa-
,,, Lion or repair of any gas fixtures, piping or material connected with
or in any manner used in furtherance of such work.
SECTION 15: Any person violating any of the provisions of this
ordinance or any rule or regulation established and prescribed under
the authority herein designated, shall be guilty of a misdemeanor and
upon conviction thereof, shall be fined in a sum of not less than Ten
Dollars ($10.00) nor more than Fifty Dollars ($50.00) and each and
every violation of the law and in addition thereto, the certificate of
the person or persons involved in such violation may be revoked by
the Board as herein provided.
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SECTION 16: If any section, sub-section, sentence, clause or
phrase of this ordinance is for any reason held to be unconstitutional
or otherwise invalid, such unconstitutionality or invalidity shall not
affect the remainder of this ordinance and all ordinances or parts of
ordinances in conflict herewith are hereby repealed. rr,
Adopted this day of ~ , 19~~
ATTES'