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429r 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 -2- 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 -3- 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 -4- 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. -5- 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. „ .~ - 6- S ~ • ~ 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. i . Y - ~ - / - ~ ,~ ~. ~ 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 ~~c;~u~~1~~k'_ 19bL. ..~ ~''. _,:v"~. // is y' r~' r ~. . ATTEST: __ ~~~~ C ity C lerk