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354i F :, ORDINANCE NO. I AN ORDINANCE FOR THE CREATION OF A BOARD FOR EXAMINING AND ~'I LICENSING PLUMBERS: TO PROVIDE RULES AND REGULATIONS FOR '~ LICENSING AND EXAMINING SUCH PERSON OR Oa MPANY, 1HE ISSUANCE OF ' '~ CERTIFICATES OF COMPETENCY AND TO Pi:ESCR I BE PENALTIES FOK THE 1) VIOLATION OF THI S ORDINANCE. e) ~~ BE I T ORDAINED BY THE CITY COUi~1Cl ! OF THE CITY OF WEST MEMPHIS, i AR KPNSAS : I SECTION 1. There is hereby created and established a Board of Examiners for PlUMBEI~S said Board shall consist of four t4i 1 !i members who shall b¢ appointed by the Mayor with the advice and ~I consent of the City Council and who shall be appointed for a ~! term of one lli year from the first of May of the year of their appointment and shall be appointed annually thereafter before the first day of May and said Board shall be known as a Board of (I ~~ Examiners for plumbers. Said Board shall have the power and it ~i shall be its duty to examine into the qualifications of all p¢r- ~j sons who are engaged in or desire to engage in the business of ~I I~ plumbing construction and maintenance or in the maintenance of Ij plumbing equipment or other work connected directly or indirectly ~~ with the plumbing work. J Vacancies for any unexpired term shall be filled in the same ~) manner es herein provided for the original appointment of mem- I bets. The Board shall elect one of its members to be its sec- retary and who shall keep a full and complete record of all acts and doings of the Board. The Board of Examiners shall keep and preserve a record of all plumbers examined by them and to whom I a certificate has been issued. Said record shall be kept in a II well bound volume and shall become a permanent record of the City of West Memphis. I SECTION 2. The Board of Examiners shall adopt such rules and regulations for the examination of all applicants for Iicen- I) sing as plumbers and the issuance of certificates for the conduct of the business of the Board of Examiners as may be necessary f ~ not in confl¢ct with the statutes of the State of Arkansas, the ii rovisions of this ordinance or with any other ordinance of the p City of West Memphis. Examinations shall b¢ held by the Board in the City Hall of West !v1¢mphis, Arkansas in the months of January, April, Jun¢ and Octofiner if there be an applicant desirous of taking said f i examination. The examination shall b¢ held at a time set by +~ ~! - - 'the Board in the above stated months and each applicant for the ~!¢xamination shall b¢ notified in writing five (51 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 questions are to be taken from the National & Arkansas 'Plumbing Code or having direct bearing on plumbing Installations. Any person passing the examination by a score or grade of Seventy t70f1 per cent as an Individual, company, partnership or corporation shall then have issued a Certificate of competency and purchase and procure a license authorizing said person, com- pany, partnership or corporation to purchase permits for plumbing work in the City of West iVl¢mphis, Arkansas. This Certificate of competency and license shall be the sole property of the person taking the examination and he shall b¢ authorized to secure plumbing permits from the City Clerk for work to be done by him, his company, partnership or corporation. THE BOARD SHALL RE©UIRE SUCH EVIDENCE AS IT Si-TALL NEED AS TO THE OWNERSHIP BY THE APPLICANT OF HIS BUSINESS, COMPANY, PARTNERSHIP Of: CORPORATION. NO CERTIFICATE UR LICENSE SHALL BE ASSIGNABLE OR TRANSFER- ABLE AND EVIDENCE OF ANY SUCH TRANSFER OR AeSIGNMENT WILL'BE GROUNDS AND/OR CAUSE FOR C;~NCEtLA~fION OF SAID CERTIFICATE AND/OR LICENSE. ALL LICENSES ISSUED BY THE CITY CLERK WILL EXPIRE ON DEC- EMBER 31st OF EACH YEAR ~'~ND IF NOT RENEWED BY JANUARY 31st OF THE FULLO`u/iN~' YEAR IT SHALL BE COiv1 E VOID. ANOTHER EXANIINA~1•ION BEFORE THE BOARD OF EXAMINERS SHALL B E REC~UI RED AND APPLIC,~NT SHAL L PASS SAID EXAMINATION .~i~lD BE I SSUED A CERTI F (CAI E OF COMPENTENCY BEFORE BEING ISSUED A LICENSE BY THE CITY CLERK TO ENGAGE IN THE PLUMBING BUSINESS. 1h¢ certificate iss ued by the Board of Examiners shall not Vibe considered as the annual license fee (Certificate of License) issued by the City Clerk and required of every person, firm, or jcorporation engaged in carrying on or following the business of i plumbing installations and maintenance of plumbing equipment but ~is in addition to the annual license fees, above referred to, land provided by Ordinance. SECTION 3. - FEES - THE FEE CHARGED AN APPLICANT BY THE BOARD SHALL BE FORTY DOLLARS ($40.001 FOR E;~CH EXAIv11NA1'ION HELD FUR A PERSON. SECTION 4. From and after the passage of this ordinance it shall be unlawful for any person, firm or corporation to en- gage in plumbing work in any of its phases including the installa- tion of plumbing fixtures and equipment or doing any other thing directly or indirectly connected with plumbing work without first having made application to the Board of Examiners and having secured a certificate of competency as herein provided. Any person, firm or corporation or member thereof in the City of West Memphis holding himself or itself out as licensed to do plumbing work of any kind, in any of its branches without first securing license in the manner herein provided shall be deemed guilty of a violation of the provisions of this ordinance. SECTION S. Every person, firm, or corporation, its members or employees of a firm or corporation, desiring to engage in plumbing work in any of its branches shall apply in writing to the Secretary of the Board and si•~all deposit with the Treasurer of the City of West Memphis the fee as set in Section 3 hereof required by this ordinance of applicant or applicants for exam- ination. The Board shall fix the hour at wraith 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 or calling of plumbinn work. And if the Board shall find upon examination that the applicant has a reason- able knowledge of the natural and practical rules of plumbing work the safe, correct and approved manner of installing plumbing equipment or fixtures, and is familiar with the ordinances of the City of West Memphis, and the st~tut2s of the State of Arkansas governing the installation of plumbing equipment, fixtures and piping, then the Board shall issue to said person a certificate to engage in and carry on the business of plumbing work and shall register such person as duly certified under the terms and provi- signs of this ordinance. SECTic~l 6. The certificate or certificates of compentency granted hereunder s hall not be ASSI~IABLE UR TRANSFERABLE. Any '.certificate issued may be suspended or revoked by the Board for (violation of the provisions of this ordinance or any section ,thereof of any other ordinance governing the installation or ~inspeetion of plumbing installation, fixtures and piping. err. SECTION 7. Any member of the Board may b¢ removed by the Mayor of the City of yJest P/lemphis for incompetency, inefficiency or dereliction of duty. I~he members of the Board shall receive ten dollars ($10.00) for each examination held, but the member must be present to receive said ten dollars ($10.00). SECTION 8. 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 furtherance of such work. SECTICN 9. Any person, firm, or corporation 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 shall be fined not I¢ss than Ten Dollars f$10.~_`0) nor more than Fifty Dollars ($50.00) for each and every violation of the law, and in addition thereto the certificate of the person or persons in- volved in such violation may be revoked by the Board as herein provided. SECTICN 10. Be it further ordained, that if any section, subsection, sentence, clause or phrase of this ordinance is for any reason held tc be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remainder of this ordinance and that all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION II. This ordinance being for the immediate protection of:~the public peace, health and safety, and in the interest of the public, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage. PASSED AfJD APPi:OVED THI S day of AUGUST, 1958. ~ ~/ MAYOR ATTEST: y CITY CLEkK