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355ORDINANCE NO . _~ AN ORDINANCE FUR THE CREATION OF A BOARD FOR EXAMINING AND LICENSING GAS FITTERS: TO PROVIDE RULES AND REGULATIONS FOR LICENSING ~DOFXCVMPETENCYANDt~00PRESCROI BEAPENALI t ESSFORCTHOF CERTIFICATES VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION (. There is hereby created and established a Board of Examiners for gas fitters and said Board shall consist of four l4i rn¢mbers who shall be appointed by the Mayor with the advice and consent of the City Council and who shall b¢ appointed II for a term of one ill year from the first of May of the year of their appointment and shall b¢ appointed annually thereafter before the first day of May and said Board shall be known as a Iii, Board of Examiners for gas fitters. Said Board shall have the r power and it shall b¢ its duty to examine into the qualifications i of all persons who are engaged in or desire to engage in the business of gas piping and maintenance of same or in the maint¢n- i anee of gas piping equipment or other work connected directly or I'~,~ indd~rectly with the gas fitters work. Vacancies for any unexpired term shall b¢ filled in the same ii manner as herein provided for the original appointment of m¢m- bets. The Board shall elect one of its members to b¢ its ~ secretary 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 gas fitters examined by them and ~~ to whom a certificate has been issued. Said record shall b¢ ~' kept in a well bound volume and shall become a permanent record of the City of West Memphis. SECTION 2. The Board of Examiners shall adopt such rules and regulations for the examination of all applicants for licen- sing as gas fitters and the issuance of certificates for the conduct of the business of the Board of Examiners as may b¢ nee- !, ¢ssary not in conflict with the statutes of the State of Arkansas, i ~~ the provisions of this ordinance or with any other ordinance of ~I the City of West Memphis. i Examinations shall be held by the Board in the City Hall of West Memphis, Arkansas in the months of January, April, June ~ and October if there b¢ an applicant desirous of taking said examination. The ¢xamination shall be held at a time set by the Board in the above stated months and each applicant for~the examination shall be notified in writing five i51 days prior to the holding of the examination. Each m¢mber of the Board shall submit an equal number of questions for each ¢xamination and said questions are to be taken from the State Gas Code or having direct bearing on gas installations. Any person passing the examination by a scor¢ or grade of j y Sev¢nty i70f) per cent as an Individual, company, partnership M or corporation shall then have issued a Certificate of competency and purchase and procure a license authorizing said person, company, partnership or corporation to pruchase p¢rmits for gas fitters work in the City of West Memphis, Arkansas. This C¢rtificat¢ of comp¢tency and Iicens¢ shall be th¢ sol¢ property of the person taking th¢ examination and he shall b¢ authorized to s¢cure gas fitters permits from the City Clerk for work to be don¢ by him, his company, partnership or corporation. THE BOARD SHALL REC~UI RE SUCH EVIDENCE AS IT Si-1ALL NEED AS TO THE OWNERSHIP BY THE APPLICANT OF HIS BUSINESS, COMPAiJY, PARTNERSHI P UR CORPORATIC~1. NO CERTIFICATE OR LICENSE SHALL BE ASSIGNABLE OR TRANSFER- ABLE AND EVIDENCE OF ANY SUCH TRANSFER UR ASSIC-~1MENT WILL BE GROUNDS AND/OR CAUSE FOR C"~NCELLATION OF SAID CERTIFICATE AND/UR L ICENSE. ALL LICENSES ISSUED BY THE CITY CLERK WILL EXPIRE ON DECEM- BER ~st OF EACH YEA P. AND IF NOT RENEWED BY JANUARY 31st OF THE FOLLC.1+XtING YEAR IT SHALL BECOiv1E VOID. ANOTHER EXAMINATION BEFORE TI-~E BOARU OF EXAMINERS SHALL BE REQUIRED AND APPLICANT SHALL PASS SAID EXAMINATION r„'~ID BE ISSUED A CERTIFICATE OF COMPENTENCY BEFORE BEING ISSUED A LICENSE BY T-iE CITY CLERK TO ENGAGE IN THE GAS FITTING BUSINESS. ~I Th¢ certificate issued by the Board of Examin¢rs shall not be considered as th¢ annual license fe¢ (Certificate of License) issued by the City Clerk and r¢quired of ev¢ry person, firm, or corporation engag¢d in carrying on or following the business of GAS PIPING OR MAINTENANCE OF GAS EQUIPMENT but is in addition to the annual Iicens¢ fees, abov¢ r¢ferred to, and provid¢d by Ordinanc¢. SECTION 3. - FEES - THE FEE CI-IARGED AN APNLICANT BY THE BOARD SHALL BE FORTY DOLLAkS t~4O.O0i FOR EACH EXAMINATION HELD L FOR A PERSON. SECTION 4. From and after the passage of this ordinance it shall be unlawful for any person, firm or corporations to engage in gas work in any of its phases including installation of fixtures or equipment or doing any other thing directly or indirectly connected with gas work without first having made application to the Board of Examiners and having secured a cert- ificate of comp¢ntency as herein provided. Any person, firm or corporation or member thereof in the City of ~klest Memphis holding himself or itself out as licensed to do gas fitters 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 5. Every person, firm, or corporation, its members or employes of a firm or corporation, desiring to engage in gas fitters work in any of its branches shall apply in writing to the Secretary of the Board and s~~~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 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 or calling of gas fitters work. And if the Board shall find upon examination that the applicant has a rea- sonable knowledge of the natural and practical rules of gas fitter work the safe, correct and approved manner of installing gas piping, equipment and fixtures and is familiar with the ordinances of the City of West Memphis, and the statutes of the State of Arkansas governing the installation of gas equipment, piping, fixtures and d~viees then the Board shall issue to said person a certificate to engage in and carry on the business of gas fitters work and shall register such person as duly certified under the terms and provisions of this ordinance. SECTION 6. ~h¢ certificate or certificates of compentency granted hereunder shall not be ASSIGNABLE UR TRANSFEKABLE. Any certificate issued may b¢ 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 inspection of gas piping, fixtures, apparatus or devices. ScCTl..C3N 7. Any member of the Board may be removed by the Mayor of the pity of ti~~est N1¢mphis for incompetency, inefficiency or dereliction of duty. Th¢ members of the Board shall receive ten dollars ($10.001 for each examination held, but the member must b¢ present to receive said ten dollars ($10.001. SECTION 8. By the term gas fitters as used in this ordinance is included all work of ev4zry character connected with the install ation or repair of any gas fixtures, piping or material connected with or in any manner used in furtherance of such work. SECTION 9. Any person, firm, or corporation violatinc 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 less than Ten Dollars ($10.001 nor more than Fifty Dollars ($50.001 for each and every violation of the law, and in I~'I addition thereto the certificate of the person or persons in- volved in such violation may be revoked by the Board as herein provided. SECTION 10. Be it further ordained, that if any section, subsection, 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 re- mainder of this ordinance and that all ordinances or parts of ordinances in conflict herewith are hereby repealed. SFCTICN 11. 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 b¢ in full force and effect from and after its passage. PASSED AfJD APPI:uVED THIS~~ DAY OF AUGUST, 195 . ,~ IViA R ATTEST:. ______ ~'~~~~ ITY r't ~~?K