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943Z_ ~.~`~' , 4 ~,i3 ~~~ ,,,:{ ~i `.:~ ~A' r ORDINANCE N0. ~ ~ ~~ AN ORDINANCE FOR THE CREATION OF A BOARD FOR EXAMINING AND LICENSING PLUMBERS, TO PROV,~DE RULES AND REGULATIONS FOR LICENSING AND EXAMINING SUCH PERSONS OR COMPANIES: 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. 360 passed and approved August 3, 1954; Ordinance No. 428 passed and approved December 6, 1962; Ordinance No. 890 passed and approved April 7, 1977; Ordinance No. 926 passed and approved January 19, 1978; and. Ordinance No ... 934 passed and approved on June 1, 1978, be void and repealed. SECTION 2: There is hereby created and established a Board of ,~C`~1.:~~, )~ ~`_~- 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 examine 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 appointments 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 plumbers ex- amined by them and to whom a certificate has been issued. Said record shalllbe kept in a well bound volume and shall become a permanant record of the City of West Memphis. SECTION 3: The Board of Examiners shall adopt such rules and reg-`~-1~~_,, h `^~ ,!4 ulations for the examination of all applicants for licensing as plumbers-~}~~~~ ~~ and the issuance of certificates 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 the City of West Memphis. N~, -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 fee posted with the City Clerk before ``the fifth (5th) day of the month that the examination is given. The n examination shall be held at a time to be set by the Board in the above tated months and each applicant for the examination shall be informed in writing five (5) days prior to the holding of the examination. Each member of the Board shall submit an equal number of questions for each examination and said quistions are to be taken from the National and Arkansas Plumbing Code or questions having a direct bearing on plumbing installations. Any person passing the examination by a score or grade of seventy (70) percent shall then have issued a certificate of competency and be entitled to purchase and procure a license authorizing such person to purchase permits for plumbing work in the City of West Memphis, Arkansas, and all plumbing work to be done pursuant to any permit issued shall be under the direct supervision of the licensed plumber at all times. The ~'~°certificate of competency and license shall be the sole property of the person passing the examination and no certificate of competency or li- cense shall be assignable or transferable, and any evidence of such transfer or assignment shall constitute grounds and/or cause for cancel- lation of said certification and/or license. 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 to. be .used 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 alder of a certificate of competency or license, then, and in that event, the Board of Examiners may revoke the certificate of competency or license of such holder. SECTION 4: No license shall be issued to any licensed plumber unless such licensed plumber shall have and maintain an established place of bus- mess within the city limits of West ~I°mphis, Arkansas, and have displayed -3- 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 plumb- ing 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 changes in ownership or place of business shall be promptly reported to the office of the City Clerk, and such change shall be noted by the City Clerk. SECTION 6: Every plumber performing plumbing work in the City of ~_ -~4.ti~ -+~u< West Memphis shall give a bond in the penal sum of Five Thousand Dol= )~~~'`~ lays ($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 x.11 persons from damages caused by the negli- gence 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. All 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 hoard of Examiners may be required and the applicant shall pass said examination and be issued a certificate of competency before being issued a license by the City Clerk to engage in the plumbing business. ;~,,,wrr The certificate issued by the Board of Examiners shall not be con- sidered as the annual license fee required of every person engaged in - gr following the business of plumbing or maintenance of plumbing equip ment, 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 ~.~ Jh{~ shall be Forty Dollars ($40.00) for each examination. l~ 1~,~`'4;,~ f ~ ~,: -4- SECTION 8: The Board of Examiners shall have the power and author- ity to issue to an individual, company or cor.peratinn a~~certificate :df';`~4~~~ ~`~ 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 plumbing work in any of its ~ ~~3t 1~ phases, including the installation of plumbing fixtures or equipment, or doing anything directly or indirectly connected with plumbing work with- out first having made application to the Board of Examiners 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 plumbing work of any kind, in any of its branches, without first secur- ing a license in the manner herein provided, shall be deemed guilty of violation of the provisions of this ordinance. SECTION 10: Every person desiring to engage in plumbing work in }',K . E~~. any of its branches shall apply in writing to the Secretary of the ~.~_,~`~- ~~ ""'Board and shall deposet with the Treasurer of the City of West Memphis the fee as set out in Section ~ herein above 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 performing plumbing work. If the Board shall find upon examination that the applicant has a reasonable knowledge of the nature and practical rules of plumbing equipment or fixtures, and is familiar with the ordinan- ces of the City of West Memphis, the plumbing codes and the Statutes of the State of Arkansas governing the installation of plumbing equipment, fixtures and devices, then the Board shall issue to said person a cer- tificate to engage in and carry on the business of plumbing work and shall register such person as duly certified under the terms and provi- sions of this ordinance. SECTION 11: The certificate granted hereunder may be suspended or revoked for a violation of the provisions of this ordinance or any -5- section thereof or any other ordinance governing installation or in- spection of plumbing 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, inefficien- cy or dereliction of duty. The Board shall serve without pay including the Secretary thereof. SECTION 13: Each member of the Board of Examiners shall receive, the sum of Ten Dollars ($10.00) as compensation for each examination ~~~3~-~ l~ given, provided such Board Member participates. SECTION 14: By the term plumbing as used in this ordinance is included all work of every character connected with the installation or repair of any plumbing installations, fixtures or piping connected with or in any way used in the furtherance of such work. SECTION 15: Any person violating any of the provisions of this ~~"'~--~~~_._9,_ ordinance or any rule or regulation established or prescribed under the e--..~`' authority herein designated shall be guilty of a misdemeanor, on convic- ~ tion thereof shall be 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 certificate of the person or persons involved in such violation may be revoked by the Board as herein provided. SECTION 16: If any section,subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invaled, 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. ADOPTED this ~ day of '~~~ ATTEST: __.--- r' CITY CLERK