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ORDINANCE NO. ~'~
AN ORDINANCE FOR THE REPEAL OF ORDINANCE NO. 261 PASSED
AND APPROVED AUGUST 18, 1953; FOR THE REPEAL OF ORDINANCE
NO. 355 PASSED AND APPROVED ON AUGUST 7, 1958; AND FOR
THE CREATION OF A BOARD FOR EXAMINING AND LICENSING GAS
FITTERS; TO PROVIDE RULES AND REGULATIONS FOR LICENSING
AND EXAMINING SUCH PERSONS; 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 gas fitters; 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 Gas Fitters. 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 gas piping and maintenance or other
work connected directly or indirectly with gas fitters 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
Secretary 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 gas fitters examined
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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 Two. The Board of Examiners shall adopt such
rules and regulations for the examination of all applicants
for licensing as gas fitters 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 Arkansas, Codes and 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 such 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 notified in
writing five days prior to the holding of the examination.
Each member of the Board shall submit an equal number of
questions on each examination and said questions are to be
taken from the National or State Code or questions having a
direct bearing on gas installations.
Any person passing the examination by a score or
grade of 70% shall then have issued a certificate of competency
and be entitled to purchase and procure a license authorizing
such person to purchase permits for gas fitting work in the
City of West Memphis, Arkansas, and all gas wor7c to be done
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pursuant to any permit issued shall be under the direct super-
vision of the licensed gas fitter at all times. The certifi-
cate 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 transferrable
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 com-
petency 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 certifi-
Cate has permitted the use of his license or certificate of
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 certi-
ficate of competency or license by such holder.
Section Three. No permit shall be issued to any licensed
gas fitter unless such licensed gas fitter shall have and main-
tain 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. A field office located within the city limits
shall not be considered as an established place of business.
Section Four. Before any person shall engage in the
business of gas installation work in any of its phases, the
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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 change 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 g as fitter performing gas installa-
tion work in the City of West Memphis shall give a bond in the
penal sum of One Thousand 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 gas fitter for failure to comply
with the Ordinances of the City of West Memphis, the pertinent
codes and the statutes of the State of Arkansas and said bond
shall be conditioned that said gas fitter shall indemnify and
hold harmless the City of West Memphis and all persons for
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 shall become impaired
before the expiration of the bond, the Secretary of the Board
or the City Clerk shall require additional bond.
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 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
gas installation business.
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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 gas installation
or gas fitting or maintenance of gas equipment but is in addition
to the annual license fees, above referred to, and provided by
Ordinance.
Section Six. The fee charged an applicant by the Board
of Examiners shall be Forty Dollars (540.00) for each examination.
Section Seven. From and after the passage of this
Ordinance it shall be unlawful for any person, to engage in gas
installation work in any of its phases including the installa-
tion of gas fixtures or equipment or doing anything directly or
indirectly connected with gas installation work, without first
having made application to the Board of Examiners and having
secured a certificate of competency and license as herein pro-
vided. Any person in the City of West Memphis holding himself
out as licensed to do gas installation work of any kind, in
any of its branches, without first having securing a license in
the manner herein provided, shall be guilty of violation of
the provisions of this Ordinance.
Section Eight. Every person, desiring to engage in gas
installation 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 Six herein-
above required 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 gas installa-
tion work. If the Board shall find upon examination that the
applicant has a reasonable knowledge of the nature and
practical rules of gas installation work, the safe, correct and
approved manner of installing gas equipment or fixtures, and
is familiar with the Ordinances of the City of West Memphis,
the pertinent codes and the statutes of the State of Arkansas
governing the installation of gas equipment, fixtures and
devices, then the Board shall issue to said person a certificate
to engage in and carry on the business of gas installation work
and shall register such person as duly certified under the
terms and provisions of this Ordinance.
Section Nine. The certificate created 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 gas equipment, fixtures,
apparatus or devices.
Section Ten. Any member of the Board of Examiners may
be removed by the Mayor of the City of West Memphis for incom-
petency, inefficiency, or dereliction of duty. The Board shall
serve without pay including the Secretary thereof.
Section Eleven. Each member of the Board of Examiners
shall receive the sum of Ten Dollars (510.00) as compensation
for each examination given provided such Board member participates.
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Section Twelve. By the term "gas fitter" as used in
this Ordinance, is included all work of every character connected
E
with the
installation or
repair of
any gas fixtures, piping or
material connected with or in any manner used in furtherance
of such work.
Section Thirteen. Any person violating any of the pro-
visions 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 thereof, shall be
fined in a sum of not less than Ten Dollars (510.00) nor more
than Fifty Dollars ($50.00) and 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 Fourteen. 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.
Section Fifteen. 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
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ATTEST:
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C ity C lerk