428ORDINANCE NO. ~f` /--D
AN ORDINANCE FOR THE REPEAL OF ORDINANCE NO. 98, PASSED AND
APPROVED JANUARY 24, 1945; FOR THE REPEAL OF ORDINANCE NO.
354, PASSED AND APPROVED AUGUST 7, 1958; AND FOR THE CREATION
OF A BOARD FOR EXAMING AND LICENSING PLUMBERS; TO PROVIDE
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 1. There is hereby created and established a Board of
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 be known as the Board of Examiners
for the plumbers. 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 com-
plete record of all acts and proceedings of the Board. The Board of Examiners
shall keep and preserve a record of all plumbers examined by them and to whom
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 2. The Board of Examiners shall adopt such rules and regu-
lations 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
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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 .
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 any
applicant desirous of taking said examination. 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 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 questions 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 70 (seventy)
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 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 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
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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 of such holder.
SECTION 3. No permit shall be issued to any licensed plumber unless
such licensed plumber shall have and maintain an established place of business
within 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 . Afield office located within the city limits shall not be considered
as an established place of business .
SECTION 4. Before any pe rson shall engage in the business of plumbing
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 5. Every plumber performing plumbing work in the City of
West Memphis shall give a bond in the penal sum of One Thousand Dollars
($1, 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 Lies 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 all persons from damages caused by the
negligence or imperfect work done by him or his servants, agents or emp).oyees.
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.
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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 Board 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.
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 plumbing or maintenance of plumbing equipment, but is in addition
to the annual license fees, above referred to and provided by ordinance.
SECTION 6. The fee charged an applicant by the Board of Examiners
shall be Forty Dollars. ($40.00) for each examination.
SECTION 7. The Board of Examiners shall have the power and authority
to issue to an individual, company or corporation desiring to do plumbing maintenance
only, for its own concern, a certificate that will allow said individual, company
or corporation to do maintenance only for its concern, without complying with
the Sections of this ordinance as to maintaining an established place of business .
SECTION 8. From and after the passage of this ordinance it shall be
unlawful for any person to engage in plumbing work in any of its phases, including
the installation of plumbing fixtures or equipment, or doing anything directly or
indirectly connected with plumbing 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 out as licensed to do plumbing work of any kind, in any of its branches,
without first securing a license in the manner herein provided, shall be deemed
guilty of violation of the provisions of this ordinance.
SECTION 9. Every person desiring to engage in plumbing 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 out in
Section 6 hereinabove provided by this ordinance for the examination herein
provided for.
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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 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, 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 certificate to engage in and carry on the business of plumbing work and
shall register such person as duly certified under the terms and provisions of
this ordinance.
SECTION 10. The certificate granted hereunder may be suspended or
revoked for a violation of the provisions of this ordinance or any section
thereof or any other ordinance governing installation or inspection of plumbing
fixtures, apparatus or devices.
SECTION 11. Any member of the Board of Examiners may be removed
by the Mayor of the City of West Memphis for incompetency, inefficiency or
dereliction of duty. The Board shall serve without pay including the Secretary
thereof .
SECTION 12. Each member of the Board of Examiners shall receive
the sum of Ten Dollars ($10.00) as compensation for each examination given,
provided such Board Member participates.
SECTION 13. 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 14. Any p e r s o n-.. violating any of the provisions of this
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ordinance or any rule or regulation established or prescribed under the
authority herein designated shall be guilty of a misdemeanor, on conviction
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 15. 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 remainder of
this ordinance and all ordinances or parts of ordinances in conflict herewith
are hereby repealed.
SECTION 16. 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 shall be in full force and effect from and after its passage and
approval.
ADOPTED this `~' day of De~:.~'- rn ~~i? , 19 ~ 2._ .
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ATTEST : ~-~-, MAYOl~
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CITY CLERK