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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 ~+.~ ~^~~ . 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 ~ t3 I ~ \ 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. L3~ SECTION SIX. The fee charged an applicant by the Board f 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 1 . 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! 'u (~~ 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 ~ ~ ~~', '"`"~~F ~/~f~ ~ 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. ' ~. 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. ~.^,~ , 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. _, ~'~ ,,~ :.~ ~ MAYOR ATTEST: ~ ~~ ~; ;,~~? ~~ ~, ~~ cITY cr.ERx