1468ORDINANCE NO . 14 (~ g
AN ORDINANCE ESTABLISHING A BOARD OF MECHANICAL HEATING
AND AIR CONDITIONING INSTALLERS, PRESCRIBING RULES AND
REGULATIONS, DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
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~', MEMPHIS, ARKANSAS:
SECTION 1. Function Membership: For the purposes of
enforcement of this ordinance, reviewing applications and
administration of examinations to any person desiring to
become a Mechanical Heating and Air Conditioning Installer,
to engage in the business of installing, removing, and/or
altering any heating or air conditioning equipment, the
Mayor shall appoint the following Board of Mechanical
Heating and Air Conditioning Installers:
(3) Mechanical Heating and Air Conditioning
Contractors
(1) General Building Contractor
(1} City Representative from the Department of
Planning and Development.
SECTION 1.2. Secretary: The Mechanical Inspector shall
act as Secretary of the Board of Examiners for Mechanical
Heating and Air Conditioning Installers and shall make a
detailed record of all its proceedings which shall set
forth al.l decisions of the Board.
SECTION 2. Terms of Office: Of the members first
appointed, one (1} shall be for a term of one (1) year; one
(1) for a term of two (2) years, and two (2) for a term of
three (3), and thereafter they shall be appointed for a
term of three (3) years. Vacancies shall be filled for an
unexpired term in the manner in which original appointments
are required to be made. Continued absence of any member
from regular meetings of the Board, shall at the Chief
Appointing Authority, render such member liable to
immediate removal from office.
uorum: A majority of the members of the Board present
at a meeting shall constitute quorum and any action taken
shall be as binding as if all members were present.
Callin~_Meetin~s: The Board shall meet when called by
the Chairman of same or by a majority of its members.
SECTION 3. Review of Applications: It shall be the
duty of the Board to review applications of all persons,
firms or corporations applying for licenses to perform
Mechanical Heating and Ai.r Conditioning work in the City.
SECTION 4. Revocation of license: The Board of
Mechanical Examiners shall have the right to revoke any
license issued by it when the licensee has violated any
provision of the Mechanical Code. Before such license can
be revoked, notice of the particular charge or charges must
be given, in writing, to the licensee and a public hearing
must be held. The Licensee must be given an opportunity to
answer the charges and to offer evidence, written or oral,
on such charges. The Licensee shall have the right to
summon witnesses and to have their testimony recorded.
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When a license has been revoked the Board shall not issue
such licensee a new license until after the expiration of
ninety (90) days from the date of revocation. A new
application must be filed and licensee must comply with the
requirements of this ordinance, pay the fees and take the
examination herein prescribed.
SECTION 5. Application: Any person desiring to engage
in the business of installing, remodeling, or altering of
Mechanical Heating and Air Conditioning equipment shall
have a minimal experience of three (3) years and shall make
application to the Mechanical Inspector requesting an
examination for a license certificate to cover such
operations. The application shall be accompanied by the
fees hereinafter provided. Upon receipt of such application
the Mechanical Inspector shall call a meeting of the Board
of Mechanical Heating and Air• Conditianing Examiners to
review such application.
SECTION 6. This meeting shall be held once per
quarter, in January, April, June, and September. The Board
shall set a date to give the examination to determine the
qualifications of the applicant.
SECTION 7. Examination: A written examination shall be
administered by the Board. The Applicant shall be notified
as to the results of the examination. The examination shall.
be given in a fair and impartial manner, covering the field
of Heating, Ai.r conditioning, and Refrigeration, taken from
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a national publication text book covering the subjects. Any
applicant failing to pass the examination shall not be
given another test until the expiration of (90) ninety
days.
Fees: The examination fee for Mechanical Heating and
Air Conditioning Installer shall be established by the
Board of Mechanical Heating and Air Conditioning
Installers.
SECTION 8. Prerequisites to en~a~in~ in business:
After a license certificate has been issued to a Mechanical
Heating and Air Conditioning Installer, he/she shall apply
for a Mechanical Contractor's license with the following
requirements before engaging in the business for which the
license certificate is issued.
(1) Bond: A bond in the amount of $5,000.00 shall be
executed and delivered to the City Clerk of the City of
West Memphis, Arkansas, having as security thereon a
recognized surety conditioned to guarantee: That all work
executed under the license certificate issued to the
Mechanical Contractor will be done in accordance with the
provisions of the Mechanical Code.
SECTION 9. Unauthorized use of License: It shall be
unlawful for any Mechanical Contractor to allow any other
person to use the license certificate of such Mechanical
Contractor for the purpose of obtaining a permit or
executing any work governed by the provisions of the
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Mechanical Code. If proof of such action be submitted to
the Board of Mechanical Heating and Air Conditioning
Installers, the Board may, after a fair and impartial
hearing, instruct the Mechanical Inspector to suspend the
license certificate of such Mechanical Contractor for a
period of not less than thirty (30) days and not more than
sixty (60) days. During such period of suspension all work
in progress shall not be resumed until after such period of
suspension has elapsed.
SECTION 10. The Board shall establish rules and
regulations for its own procedure not inconsistent with the
provisions of the Mechanical Code. The Board shall meet at
regular intervals to be determined by the Chairman, or in
any event, the Board shall meet within ten (10) days after
a request has been made for a meeting. Nothing herein
shall prohibit a Mechanical Contractor from subcontracting
any work to a properly licensed Mechanical Contractor.
SECTION 11. Examination-When not Required:
{1) A person, firm or corporation, who or which, at the
time of passage of this ordinance, is actively engaged in
business as ari Air Conditioning or Heating Contractor, as
defined in this ordinance, at a lawful location as "proven
by records of the City Collector", shall submit
satisfactory evidence to the Board within sixty (60) days
after the passage of this ordinance, that such person, firm
or corporation has been engaged as an Air Conditioning and
Heating Contractor immediately proceeding the passage of
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this ordinance, shall be licensed as an Air Conditioning or
Heating Contractor without payment of an examination fee or
further examination, upon registration and payment of the
license fee as established by the Board.
(2) Any person, firm or corporation possessing a valid
license issued by the State of Arkansas Contractors
Licensing Board with a specialty shown thereon for Heating,
Ventilation, and Air Conditioning, shall be licensed as an
Air Conditioning or Heating Contractor without payment of
an examination fee or further examination, upon
registration and payment of the license fee as established
by the Board .
(3) Any person, firm or corporation, who or which, has
been previously licensed to engage in the business of Air
Conditioning or Heating Contracting pursuant to the
provisions of the privilege license requirements of the
City of West Memphis and who, or which, is actively engaged
in the business of Air Conditioning or Heating Contracting
at the time of passage of this ordinance, shall be licensed
as an Air Conditioning or Heating Contractor without
payment of an examination fee or examination, upon
registration and payment of the license fee as established.
by the Board.
(4) No exemption provided herein shall be transferable.
SECTION 12. Penalty: Any violation of this ordinance
shall constitute a misdemeanor punishable by a fine not to
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f
exceed Five Hundred and No/100 ($500.00) Dollars for any
one specified offense or violation and double that sum for
each repetition of such offense or violation.
SECTION 13. Repealing Clause: Ordinances 982, 1309,
1317, and 1435 of the City of West Memphis and all other
ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 14. EMERGENCY CLAUSE. It being found and
determined by the City Council of the City of West Memphis,
Arkansas that this Ordinance is necessary to insure the
safe installation of mechanical heating and air
conditioning devices in the City of West Memphis, Arkansas,
and this Ordinance being further necessary for the
preservation of the public peace, health, safety and
welfare of the City of West Memphis, Arkansas, shall be in
full force and effect from and after its passage and
approval.
PASSED AND APPROVED this _ day of ,
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~ 1.9 91 . ,. ~.. f, _ .~._...._
- Vice-Mayor
/KEITH M. INGRAM, MAYOR
ATTEST ~ ~ /~
DAN ~CRAFT'~'tT~P CGi,ERK
SPONSORED BY:
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