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9424.,. ~r~ ~~~ ~. 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no. 429 passed and approved December 6, 1962, and Ordinance No. 911 passed and approved July 21, 1977 be void and repealed.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. i~`~ -2- 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, t 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. -3- 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 -~- 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 ^ 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- -5- 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. ~~ __ 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'