403' ;. •,
ORDINANCE NO. ~.~
AN ORDINANCE FOR THE REPEAL OF ORDINANCE NO. 127, PASSED AND
APPROVED DECEMBER 13, 1946; FOR THE REPEAL OF ORDINANCE NO.
337, PASSED AND APPROVED JUNE 20, 1957; AND FOR THE CREATION
OF A BOARD FOR EXAMINING AND LICENSING ELECTRICIANS: TO PRO-
VIDE RULES AND REGULATIONS FOR LICENSING AND EXAMINING SUCH
PERSON OR COMPANY; 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 ONE. There is hereby created and established
a Board of Examiners for Electricians; said Board shall consist of
four (4) 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 (1) year from the first day of April of the
year of their appointment and shall be appointed annually there-
after before the first day of April and said Board shall be known
as the Board of Examiners for Electricians. Said Board shall have
the power and it shall be its duty to examine into the qualifica-
tions of all persons who are engaged in or desire to engage in the
business of electrical wiring, maintenance, or in the maintenance
of electrical equipment or other work connected directly or indirectly
with the electrical 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 secre-
tart' 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 electricians examined by them and to whom
2.
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 TWO. The Board of Examiners shall adopt such ~+.~
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rules and regulations for the examination of all applicants for~"0~3i1
licensing as electricians 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 Arkan-
sas, the provisions of this Ordinance or with any other Ordinance
of the City of West Memphis.
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 be an applicant desirous of taking said ex-
amination. 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 (5) days prior to
the holding of the examination. Each member of the board shall sub-
mit an equal number of" questions for each examination and said ques-
tions are to be taken from the National Electric Code or questions
having a direct bearing on electrical installations.
Any person passing the examination by a score or grade
of seventy (70) per cent shall then have issued a certificate of
competency and be entitled to purchase and procure a license auth-
orizing such person to purchase permits for electrical work in the
3.
City of West Memphis, Arkansas, and all electrical work to be
done pursuant to any permit issued shall be under the direct
supervision of the licensed electrician at all times. The
Certificate of Competency and License shall be the sole pro-
petty of the person passing the examination and no certificate
of competency or license shall be assignable or transferable
and any evidence of such transfer or assignment shall constitute
grounds and/or cause for the cancellation of said certificate 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 cor-
potation 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 holder of a Certificate of
Competency or License, then and in that event the Board of Examiners
may revoke the Certificate of Competency or License by such holder.
SECTION THREE. No permit shall be issued to any licensed
electrician unless such licensed electrician shall have and main-
tain an established place of business with in the City Limits of
West Memphis, Arkansas, and have displayed in a prominent location
his business name and shall maintain a telephone at the business.
A field office located within the city limits shall not be con-
sidered as an established place of business.
4.
SECTION FOUR. Before any person shall engage in the
business of electrical work in any of its phases, the name, resi-
dence 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 the 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 FIVE. Every electrician performing electrical _.~y
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work in the City of West Memphis shall give a bond in the penal
sum of One Thousand and No/100ths Dollars (51,000.00) 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 electrician for failure to comply with the ordinances
of the City of West Memphis, the National Electric Code and the
statutes of the State of Arkansas and said bond shall be conditioned
that said electrician shall indemnify and hold harmless the City
of West Memphis and all persons from damages caused by the negligence
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 be-
come impaired before the expiration of the bond the Secretary of
the Board of the City Clerk shall require additional bond.
All licenses issued by the City Clerk shall expire on
t 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
5.
examination and be issued a certificate of competency before bein g
issued a license by the City Clerk to engage in the electrical busi-
ness.
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 electrical wiring or main-
tenance of electrical equipment, but is in addition to the annual
license fees, above referred to, and provided ordinances.
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SECTION SIX. The fee charged an applicant by the Board
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of Examiners shall be Forty ($40.00) Dollars for each examination.
SECTION SEVEN. The Board of Examiners shall have the
power and authority to issue to an individual, company or oorpora-
tion desiring to do electrical maintenance only, for its own concern,
a certificate that will allow said individual, firm or corporation
to do maintenance only, for its concern, without complying with
the section of this ord~anance as to maintaining an established
place of business.
SECTION EIGHT. From and after the passage of this
ordinance it shall be unlawful for any person, to engage in
electrical work in:.any of its phases including the installation
of electrical fixtures or equipment or doing anything directly or
indirectly connected with electrical work, without 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 nut as s~icensed
to do electrical work of any kind, in any of its branches without
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6.
first securing a license in the manner herein provided shall be
deemed guilty of violation of the provisions of this ordinance.
~; SECTION NINE. Every person, desiring to engage ~:n ~~~~ ~d!
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fir. electrical 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 of West Memphis the fee as set in Section Three herein-
above required by this ordinance for the examination herein pro-
vided 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 electrical work. If the
Board shall find upon examination that the applicant has a reasonable
knowledge of the nature and practical rules of electrical work, the
safe, correct and approved manner of installing wire and electrical
equipment or 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 electrical equipment, wiring, fixtures
and devices, then the Board shall issue to said person a certificate
to engage in and carryon the business of electrical work and shall
register such person as duly certified under the terms and pro-
visions of this ordinance.
SECTION TEN. The certificate granted hereunder may be ~ ~
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suspended or revoked for a violation of the provisions of this
ordinance or any section thereof Qf any other ordinance governing
installation or inspection of electrical wiring, fixtures, apparatus
or devices.
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7.
SECTION ELEVEN. Any member of the Board of Examiners
may be removed by the Mayor of the Cityof West Memphis for
incompetency, inef'f'iciency or dereliction of duty. The Board
shall serve without pay including the secretary thereof.
SECTION TWELVE. Each member of the Board of Examiners
shall receive the sum of Ten and No/100 (510.00) Dollars as com-
pensation for each examination given provided such board member
participates.
SECTION THIRTEEN. By the term "electrical" as used in
this ordinance is included all work of every character connected
with the installation or repair of any electrical fixtures, wiring,
material connected with or in any manner used in the furtherance
of such work.
SECTION FOURTEEN. Any person violating any of the pro-
f
~ visions of this ordinance or any rule or regulation established
and prescribed under the authority herein designated, shall be
guilty of a misdemeanor upon conviction therefor, shall be fined
in a sum of not less than 510.00 or more than 550.00 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
~y the Board as herein provided.
SECTION FIFTEEN. 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.
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8.
SECTION SIXTEEN. It being determined that this ordinance
is necessary for the immediate preservation of the public peace,
health and safety of the inhabitants of West Memphis, Arkansas,
an emergency is hereby declared to exist and this ordinance shal
be in full force and efcE'ect from and after its passage and approval.
Adopted this (,~ ~ day of __ ~p~ i ~ 1961.
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MAYOR
ATTEST:
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