Supplementary code of fair competition for the roofing and sheet metal contracting industry (a division of the construct...

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Material Information

Title:
Supplementary code of fair competition for the roofing and sheet metal contracting industry (a division of the construction industry) as approved on May 10, 1934
Portion of title:
Roofing and sheet metal contracting industry
Physical Description:
12 p. : ; 24 cm.
Language:
English
Creator:
United States -- National Recovery Administration
Publisher:
United States Government Printing Office
Place of Publication:
Washington, D.C
Publication Date:

Subjects

Subjects / Keywords:
Roofing industry -- United States   ( lcsh )
Sheet-metal   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1616-98."
General Note:
"Approved Code No. 244--Supplement No. 8."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004942703
oclc - 654823046
System ID:
AA00006750:00001

Full Text





NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY
CODE OF FAIR COMPETITION

FOR THE


ROOFING AND SHEET METAL

CONTRACTING INDUSTRY
(A Division of the Construction Industry)
AS APPROVED ON MAY 10, 1934


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents. Washington. D.C. Price 5 cents


Approved Code No. 244-Supplement No. 8


Registry No. 1616-98























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of
Foreign and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE

Atlanta, Ga.: 504 Post Office Building.
Birminghlami Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Bufft'lo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicilgo. Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo,.: 1028 Baltimore Avenue.
Los Angeles. Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis., Tenn.: 229 Federal Building.
Minuen:p:i., Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 Enst Plume Street.
Phil:0ldelphia. Pa.: 422 Commercial Trust Building.
Pitt.sburgh, Pa.: Chamber of Commerce Building.
Portland. Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 800 Federal Office Building.










Approved Code No. 244--Supplement No. 8


CODE OF FAIR COMPETITION
FOR THE

ROOFING AND SHEET METAL CONTRACTING
INDUSTRY

As Approved on May 10, 1934


ORDER
SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ROOFING AND
SHEET METAL CONTRACTING INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933, and pursuant to and in full
compliance with the provisions of Section 5 of Article VIII of
Chapter I of the Code of Fair Competition for the Construction In-
dustry, approved January 31, 1934, for approval of Chapter VII of
said Code, which Chapter VII is applicable to the Roofing and Sheet
Metal Contracting Division of the Construction Industry, and hear-
ings having been held thereon and the annexed report on said Code,
containing findings with respect thereto, having been made and di-
rected to the President:
NOW, THEREFORE, on behalf of the President of the United
States, I, Hugh S. Johnson, Administrator for Industrial Recovery,
pursuant to authority vested in me by Executive Orders of the Presi-
dent, including Executive Order No. 6543-A, dated December 30
1933, and otherwise; do hereby incorporate by reference said
annexed report and do find that said Chapter complies in all respects
with the pertinent provisions and will promote the policy and pur-
poses of said Title of said Act; and do hereby order that said Chapter
VII be and it is hereby approved and that the previous approval of
said Code of Fair Competition for the Construction Industry is here-
by modified to include an approval of said Code in its entirety as
modified by said Chapter VII.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
GEO. L. BERRY,
Division Administrator.
WASHINGTON, D.C.
May 10, 1934.
58190 --544-63----4---2












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on Chapter VII of the Code of Fair Com-
petition for the Construction Industry, which Chapter is a revision
after a formal public hearing on November 28, 1933 of a Code of
Fair Competition for Roofing and Sheet Metal Contracting.
This Chapter, applicable specifically to the Roofing and Sheet
Metal Contracting Division of the Construction Industry, supple-
ments the basic Code of Fair Competition for the Construction In-
du-stry, described as Chapter I of such Code, which was approved by
you on January 31, 1934. The hearing was conducted in accordance
with the provisions of the National Industrial Recovery Act.

THE INDUSTRY

The Roofing and Sheet Metal Contracting Division is an impor-
tant branch of the construction industry. It is divided into several
separate and distinct divisions. This Division embraces shingles,
metal and conmposition roofing; waterproofing of all types of struc-
tures; caulking, insulation, the laying of subflooring and tar concrete
sidewalks; as well as the fabricating, furnishing, erecting, installing,
applying, repairing, servicing or maintaining of sheet metal work
required for a specific project in buildings anY structures.

PROVISIONS FOR IIOURS AND WAGES

The provisions for hours and wages are set out in Chapter I of
the Construction Code, which was approved by you on January 31,
1934, and the same provisions, with certain additional exceptions
beneficial to employees, are applicable, under this Chapter, to the
Roofing and Sheet Metal Contracting Division.

ECONOMIC EFFECT OF THE CODE

The volume of roofing and sheet. metal work in 1929 totaled $145,-
000,000. In 1933 this volume had dwindled to $28.900,000.
It is safe to say, with the prohibition of unfair trade practices
and the establishment. of minimum rates of pay and maximum hours
of work, that more wholesome conditions will take form in this
Industry and that.employees. employers, and a part of the public will
be benefitted.
IUN DINGS

The Deputy Administrator in his final report to me on Chapter
VII of the Code of Fair Competition for the Con..truction Industry







as modified by the addition thereto of said Chapter VII, having
found as herein set forth and on the basis of all the proceedings in
this matter:
I find that:
(a) Said Chapter VII and said Code of Fair Competition for the
Construction Industry, as modified by the addition thereto of said
Chapter VII are well designed to promote the policies and purposes
of Title I of the National Industrial Recovery Act, including re-
moval of obstruction to the free flow of interstate and foreign com-
merce which tend to diminish the amount thereof and will provide
for the general welfare by promoting the organization of industry
for' the purpose of cooperative action among the trade groups, by
inducing and maintaining united action of labor and management
under adequate governmental sanctions and supervision, by eliminat-
ing unfair competitive practices, by promoting the fullest possible
utilization of the present productive capacity of industries, by avoid-
ing undue restriction of production (except as may be temporarily
required), by increasing the consumption of industrial and agricul-
tural products through increasing purchasing power, by reducing and
relieving unemployment, by improving standards of labor, and by
otherwise rehabilitating industry.
(b) Said Chapter VII and the Code of Fair Competition for the
Construction Industry as modified by the addition thereto of said
Chapter VII, as approved, comply in all respects with the pertinent
provisions of said Title of said Act, including without limitation sub-
section (a) of Section 3, sub-section (a) of Section 7, and sub-section
(b) of Section 10 thereof; and that the applicant group is an indus-
trial group truly representative of the aforesaid Industry; and that
said group imposes no inequitable restrictions on admission to mem-
bership therein.
(c) Said Industry normally employs not more than fifty thou-
sand employees; and is not classified by me as a major industry.
(d) Said Chapter VII and the Code of Fair Competition for the
Construction Industry as modified by the addition thereto of said
Chapter VII, are not designed to and will not permit monopolies or
monopolistic practices.
(e) Said Chapter VII and the Code of Fair Competition for the
Construction Industry as modified by the addition thereto of said
Chapter VII, are not designed to and will not eliminate or oppress
small enterprises and will not operate to discriminate against them.
(f) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
Chapter VII and of said Code as modified by the addition thereto of
this Chapter VII thereof.
For these reasons, therefore, I have approved said Chapter VII
and said Code, as modified by the addition thereto of said Chapter
VII thereof.
Respectfully,
HUGH S. JOHNSON,
Administrator.
MAY 10, 1034.












CHAPTER VII


ROOFING AND SHEET METAL CONTRACTING DIVISION
OF THE CONSTRUCTION INDUSTRY
ARTICLE I-DEFINITIONS

SECTION 1. The term Roofing and Sheet Metal Contracting Divi-
sion ", or "this Division ", as used herein shall mean the contracting
for and
(a) the installing, applying, repairing, re-roofing and servicing
or maintenance, of roofs, on which sheet metal, slate, tile, asbestos
or composition or membrane roofing, asbestos or other roll roofing
insulation and other special treatment of roof surfaces is required, and
the furnishing of the materials therefore as a part of such contracting'
the erecting, and applying, of sheet metal, slate, tile and asbestos used
for siding on any building or structure, and the furnishing thereof
as a part of such contracting;
(b) the re-roofing, servicing and maintenance of roofs on which
asphalt shingles or asphalt roll roofing are required, and the furnish-
ing of materials therefore in connection therewith and the applying
of asphalt materials used for siding on any building or structure,
and the furnishing of materials in connection therewith;
(c) the supplying and laying of plastic subflooring such as as-
phalt, mastic asphalt, and tar concrete floors or sidewalks in or
about building structures, but shall not include those made of similar
materials which are preformed and laid in Portland cement grout
or the contracting therefore;
(d) the waterproofing of any type of structure below or above
ground surface with asphalt, pitch, felt, cotton, cement, chemically
treated iron, and applying the necessary protection courses, but
shall not. include the integral waterproofing of mass concrete or
the contracting therefore;
(e) the waterproofing of bridges, viaducts, abutements, dams or
any other type of non-habitable structure, spandrel beams, columns
or any other structural members with any type of material, includ-
ing the (cutting, pointing, caulking and application or waterproofing
conlpound, but shall not include the integral method of waterproof-
ing mass concrete or the o,,ntracting therefore;
(f) the damppruting of interior surfaces of wall, of any typo
of structure with any type of material which may be applied in
the fluid or semi-fluid tate. whether or not reinforced with fabrics,
felts or like inmteria;l;
(g) the cniill;ing with any or all types of materials of door and
window frames a- well as the installationii with any and all types
of materials of expansion joints in clonnlection witli waterproofing
on any :man all types of structures;







(h) the installing and applying of insulation in connection with
any of the work included in this Division;
(i) the fabricating, erecting, installing, applying, repairing,
servicing or maintaining of sheet metal work of No. 10 U.S., or its
equivalent or lighter gauge and the furnishing thereof in connection
therewith, required as part of a specific project on or in buildings and
structures, including, among others, skylights of sheet metal, rolled
or extruded shapes; the installation of metal ceilings, of warm air
furnace heating systems and air conditioning and cooling systems
used in connection therewith, of sheet metal work in connection
with heating, ventilating and air conditioning systems, including
the mechanical apparatus and equipment when included in the sheet
metal contract, of blowpipe and exhaust systems, and of sheet metal
products and equipment used in or for industrial plants, or for
agricultural or domestic use, but shall not include the contracting
for, or installation of, sheet metal work manufactured, fabricated
or assembled as part of a product of another industry;
(j) the fabricating, erecting, installing, applying, repairing or
servicing of sheet metal work and the furnishing of the materials
as a part of such contracting, in connection with food service and
beverage equipment excluding equipment and accessories manufac-
tured for sale;
(k) the fabricating, erecting, installing, applying, repairing, or
maintaining of coppersmith work regardless of gauge, and the fur-
nishing of the materials therefore in connection therewith, when such
work is required as part of a specific project on or in buildings and
structures, excluding however, coppersmithing work manufactured,
fabricated or assembled as part of a product of another industry.
SECTION 2. Nothing in the definition of this Industry shall in any
way be construed as affecting the classification of labor employed
under this Chapter of this Code.
SECTION 3. The terms "contractor and member of this Divi-
sion ", shall include anyone engaged, wholly or in part, in this
Division as defined in Section 1 of this Article.
ARTICLE II-WAGES, HoURs, AND GENERAL LABOR CONDITIONS
SECTION 1. The following are exempted from the provisions of
subdivision B of Section 2 of Article III of Chapter I of this Code:
(a) Employees engaged in a professional, executive, or super-
visory capacity receiving more than thirty-five ($35.00) per week.
However, no employee engaged in a supervisory capacity who per-
forms manual labor shall be included in this exception.
(b) Salesmen and estimators.
(c) Truck drivers, who shall be permitted to work not in excess
of forty-eight (48) hours nor more than six (6) days in any one
week.
(d) Kettlemen, provided that application is made to and approved
by the National Construction Planning and Adjustment Board or
proper Regional Board established by it, requesting that such em-
ployees may be exempted from the standard hourly limitation. In
no case, however, may such employees be permitted to work in excess
of forty-eight (48) hours or six (6) days in any one week.








(e) Watchmen, who shall be permitted to work not in excess of
fifty-six (56) hours in any one week and not more than six (6) days
in any seven (7) day period.
SECTION 2. Wages as they become due shall be payable in lawful
currency of the United States, or by negotiable check therefore pay-
able on demand at par. If wages are paid by check the employer
shall provide reasonably accessible facilities for the cashing thereof
at par without expense to the employee. Employers shall also pro-
vide such identification as necessary to utilize such facilities.
SECTION 3. No member of this Division or his agent shall accept
rebates directly or indirectly on such wages, or give anything of
value or extend favors to any person for the purpose of influencing
rates of wages or the working conditions of his employees.
SECTION 4. Any member of this Division shall be subject to the
applicable maximum hourly limitations provided in this Code in
the performance by him of manual labor or mechanical occupations
customarily performed by an employee.
SECTION 5. No member of this Division shall directly or indirectly
sublet to any employee or laborer, the labor services required by any
contract secured by such member.
In no case shall a member of this Division avoid or evade the
labor provisions of this Chapter by contracting his work to any
person or persons subject to labor provisions less stringent than
those provided in this Chapter.
SECTION 6. No employee now employed at rates in excess of the
minimum shall be discharged and reemployed at a lower rate for
the purpnos. of evading the provisions of this Code.
SECTION 7. Safety Pro visions.-Employers shall make reasonable
provisions for the safety of their workmen, at the place and during
the hours of their employment, and shall comply with all national,
state, or local laws or ordinances referring to safety measures in
so far as the same may apply to their work. Standards for safety
and health shall be submitted by the Divisional Code Authority to
the Administrator within sixty (60) days after the effective date
of this Code.
SECTION 8. Copies of Chapter I and of this Chapter of this Code
shall be kept posted by all employers in conspicuous places in their
shops and other established places of business which are readily acces-
sible to all of their employees.
ARTICLE III-ADMINISTRATION

SECTION 1. Administrative Agency/.-A Divisional Code Authority
is hereby constituted to administer this Code within this Division
which shall consist of eleven (11) individuals, or such other number
as may be approved from time to time by the Administrator. The
members thereof are to be eeccted by the members of this Division
pursuant to a method of election approved by the Administrator.
In the election of the Divisional Code Authority due consideration
shall be given to representation in respect. of geographical location
and in respect of the various branches of this Division. Members
of the Divisional Code Authority shall serve for terms of one year
front the date of the election, or until their successors have been
elected.







SECTION 2. If the Administrator shall at any time determine that
any action of the Divisional Authority or any agency thereof may be
or is unfair or unjust or contrary to the public interest, the Adminis-
trator may require that such action be suspended to afford an
opportunity for investigation of 'the merits of such action and
further consideration by the Divisional Code Authority or agency
pending final action which shall not be effective unless the Adminis-
trator approves or unless he shall fail to disapprove after thirty
(30) days' notice to him of intention to proceed with such action
in its original or modified form.
SECTION 3. The Divisional Code Authority, subject to such rules
and regulations as may be issued by the Administrator, shall have
such powers and duties as are conferred by subdivision B of Article
IV of Chapter I of this Code, and shall have the following powers
and duties also subject to said rules and regulations:
(a) To use such trade associations or other agencies as it deems
proper for the performing of any of its activities provided for
herein, provided that nothing herein shall relieve the Divisional Code
Authority of its duties or responsibilities under this Code and that
such trade associations and agencies shall at all times be subject
to and comply with the provisions hereof.
(b) To make recommendations to the Administrator for the co-
ordination of the administration of this Code with such other codes,
if any, as may be related to this Division.
(c) To cause to be formulated an accounting system and methods
of cost finding and estimating capable of use by all members of this
Division. After such system and methods have been formulat,-d by
the Divisional Code Authority, and approved by the Administrator
full details and instructions concerning them shall be made available
to all members. Thereafter all members shall determine or estimate
costs in accordance with the principles of such methods.
(d) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
codes as may be related to this Division for the purpose of formulat-
ing fair trade practices to govern the relationships between em-
ployers under this Code and under such other codes to the end that
such fair trade practices may be proposed to the Administrator as
amendments to this Code and such other codes.
SECTION 4. It being found necessary, in order to support the ad-
ministration of this Code and to maintain the standards of fair
competition established by this Code and to effectuate the policy of
the Act, the Divisional Code Authority is authorized, subject to the
approval of the Administrator:
(a) To incur such reasonable obligations as are necessary and
proper for the foregoing purposes and to meet such obligations out
of funds which may be raised as hereinafter provided and which
shall be held in trust for the purposes of the Code;
(b) To submit to the Administrator for his approval, subject to
such notice and opportunity to be heard as he may deem necessary,
(1) an itemized budget of its estimated expenses for the foregoing
purposes, and (2) an equitable basis upon which the funds neces-
sary to support such budget shall be contributed by members of this
Division;







(c) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and secure equitable con-
tribution as above set forth by all such members of this Division,
and to that end, if necessary, to institute legal proceedings therefore
in its own name.
SECTION 5. It shall be provided in the By-laws of the Divisional
Code Authority, or any agency thereof, that five (5) days' notice
of any meeting shall be given to any member; such notice shall also
be given to the Administrative members of the Construction Code
Authority.
ARTICLE IV-FAIR TRADE PRACTICE REGULATIONS
SECTION 1. The applicants for the approval of this Chapter rec-
ommend that a contractor should have the following qualifications:
(a) Be generally qualified by his technical training, or experience
in the industry to direct properly the application, installation, erec-
tion, or repairing of roofing, waterproofing, or sheet metal work as
required in the construction industry.
(b) Be an employer of roofers or sheet metal workers, and pro-
tect his employees by compensation insurance and the public by
public liability and property damage insurance.
(c) Have an established place of business, have the necessary tools
and equipment required in the performance in which he specializes,
and maintain an adequate set of books and records.
SECTION 2. (a) The Standard Form of Contract Documents of
the American Institute of Architects is recommended to be the basis
to be used for all contracts, provided that the same are approved by
the Administrator.
(b) When methods of doing sheet metal work are not clearly shown
on drawings or defined in specifications prepared by architects it is
recommended that methods shown in "Standard Practice in Sheet
S Metal Work ", published by the National Association of Sheet Metal
Contractors of the United States, Inc., be used; for slate roofs,
methods shown in Slate Roofs ", published by the National Slate
Association; for composition or built-up roofs, the specifications ap-
proved by the United Roofing Contractors Association of North
Ameri.a; and any other standards of practice as may be approved by
the Divisional Code Authority. Such forms, methods or documents
are recommended only when approved by the Administrator.
(c) Membners of this Division in any area or in any branch of this
Division may adopt and maintain uniform fair and equitable sales
and trade regulations providing such regulations and the method of
adopting the ,same have been approved by the Divisional Code
Authority and the Administrator.
The following are unfair trade practices, and are prohibited:
SECTION 3. No member of this Division shall submit an estimate
price on any job without retaining a record thereof, or submit a bill
for his service without retaining an actual and correct cost record
thereof.
S,.:cTrjo 4. No member of this Division shall sell or offer to sell
materials or render services below estimated cost.
Si-'c(ri'N 5. Until uihl time n a uniform system of accountin-
and of cost finding and e.tiil:lting shall have been determined ana







shall have been approved by the Administrator, as provided in
Article III Section 3 of Paragraph (c) hereof, in which event said
system shall be the means of determining estimated cost, estimated
cost shall be the sum of the following items of expected cost for the
job in question:
1. Materials
2. Labor
3. Job expense, which shall include:
(a) Drafting
(b) Delivery of materials
(c) Transportation for employees, if any
d) Hotel expense for employees, if any
e) Municipal permits, inspection fees, if any
f) Public Liability and compensation insurance
g) Code Authorities' fees chargeable to job.
4. Overhead expense, excluding items of depreciation on unused
facilities, interest on indebtedness, interest on investment or
selling expense. (Estimating cost shall not be considered
as selling expense for the purpose of this paragraph 4.)
In determining cost as above provided, any contractor who works
with tools on any job shall charge his time so occupied on such job
at not less than the rate prevailing on such job for employees per-
forming similar work, or, if there be no employees on such job, at not
less than the local prevailing rate for employees performing .-imilar
work.
SECTION 6. No member of this Division shall use or substitute ma-
terials inferior in quality to those specified by the purchaser without
the consent of the pur-ihaser.
SECTION 7. No member of this Division shall use methods of fabri-
cating, applying, or erecting work not in accord with the applicable
governmental laws, rules, regulations, or building codes in force in
the territory affected.
SETION 8. No member of this Division shall wilfully induce or
attempt to induce the breach of contract between a competitor and
his customer.
SECTION 9. No member of this Division shall make, cause or per-
mit to be made or published, any statements concerning the business
policies, credit standing, ability to perform work, or labor condi-
tions of a competitor, which are false or inaccurate in any material
particular.
SECTION 10. No member of this Division shall give, permit' to be
given, or directly offer to give, anything of value for the purpose
of influencing or rewarding the action of any employee, agent or
representative of another in relation to the business of the employer
of such employee, the principal of such agent or the represented
party, without the knowledge of such employer, principal or party.
Commercial bribery provisions shall not be construed to prohibit
free and general distribution of articles commonly used for ad-
vertising except so far as such articles are actually used for com-
mercial bribery as hereinabove defined.
SECTION 11. No member of this Division shall place blanket orders
or future delivery contracts for the same material for a specific job
for which he has the contract., with more than one concern when







the total so ordered is in excess of the material required or estimated
to be required for such job, whichever shall be the greater. Future
delivery orders or contracts for specific jobs shall contain sufficient
information to identify definitely the job for which the orders are
placed.
SECTION 12. No member of this Division shall accept or give secu-
rities, bonds, mortgages, stocks, promissory notes, or other personal
or real property as whole or part payment for work or material, at
other than the fair market value thereof, to be determined in doubt-
ful cases by independent and competent appraisal.
SECTION 13. No member of this Division shall enter into a con-
tract which provides for the leaving of any portion of the monies
due under the contract as security during the guarantee period, or
any portion of that period.
SECTION 14. No member of this Division individually or with
anyone else shall directly or indirectly:
(a) Except for warranties implied in law, guarantee or issue a
maintenance agreement, or bond of any form whatsoever on any
work described in Section 1 of Article I of this Chapter for a period
of more than two (2) years from the date of the completion of the
work, or assume in any guarantee, maintenance agreement, bond, or
otherwise, responsibility for damage to any structure or to the con-
tents of any structure upon which any such work has been done.
(b) Join with any concern, individual, corporation, or firm en-
gaged in manufacturing, as principal or surety on any bond, guaran-
tee, maintenance agreement, or otherwise jointly guaranteeing the
effectiveness of the work contracted for.
SECTION 15. Members of this Division when they install warm air
furnace heating systems and when they make repairs or alterations
thereto shall wherever feasible do so in accordance with the Stand-
ard Code regulating the installation of Gravity Warm Air Heating
Systems issued by the National Warm Air Heating and Air Con-
ditioning Association except where otherwise required by law pro-
vided such Standard Code has been approved by the Administrator.
Such Standard Code may be obtainable through the Divisional Code
Authority.
SECTION 16. Bidding Practices.-(a) No member of this Division
shall be a party to the unfair practice of "bid shopping" or "bid
peddling as defined in Chapter I of this Code.
(b) No member of this Division shall submit a competitive bid as
defined in Section 1 of Article VII of Chapter I of this Code, to an
owner or any other person corresponding to an awarding authority
as therein defined, unless such owner or other person agrees to comply
with the regulations provided therein governing an awarding
authority.
(c) A member of this Division submitting, pursuant to the terms
of bidding, a combination bid involving work within this Division
and work within other division or divisions of this Industry, shall
state in his proposal the price for the work within this Division.
A member of this Division submitting, pursuant to the terms of
bidding, a lump sum bid involving work covered by different
branches of this Division, shall not be required to itemize the differ-







ent branches of the work beyond that called for on his invitation to
bid except as otherwise required in this Code.
(d) No member of this Division shall accept contracts on a fixed
fee or cost plus basis, with an upset price protecting the owner
against higher costs but not protecting the contractor against losses.
(e) Regional or local administrative committees created here-
under desiring to install a method of checking competitive bids shall
use either the depository or other method provided by the Divisional
Code Authority and approved by the Construction Code Authority,
pursuant to Article VII, Section 14 of Chapter I hereof.
(f) Upon notification that the contract has been awarded, or that
the bids have been opened, the depository shall deliver all copies of
bids for such work to the Local Administrative Committee having
supervisory jurisdiction. Such Conmmittee shall open all bids, tabu-
late same, and send copies of such tabulations, together with details
of the contract award, to each bidder who shall pay to the Local
Administrative Committee his equitable proportionate share of the
cost of handling, tabulating, and distributing such information, but
not over one dollar ($1.00) for each bidder.
(g) Upon the request of a bidder, the Divisional Code Authority
or a regional or local administrative committee appointed by it shall
appoint a committee of review composed of not more than three
(3) qualified bidders, who are not bidders on the job, which com-
mittee shall be empowered and directed to investigate any bid to
determine whether any provisions of this Code have been violated
in such bid. In the event such committee shall find any such
violation, their findings therein, together with a summary of the
facts upon which they are based shall be reported to the Local
Administrative Committee or the Divisional Code Authority for
such action as may be appropriate.
ARTICLE V-MODIFICATION
SECTION 1. A mnw nmen.s.-Subject to the provisions of Section 2
(c) of Article IV, B, of Chapter I hereof the provisions of this
Chapter except as to provisions required by the Act may be modified
on the basis of experience or changes in circumstances, such modifi-
cations to be based upon application to the Administrator and such
notice and hearing as he shall specify, and to become effective on his
approval. Any such application may be made by the Divisional
Code Authority.
ARTICLE VI-REGISTR.\TION OF MIEMIERS OF THE DIVISION
Each member of this Division within thirty (30) days after the
effective date of this Chapter, shall register with the Divisional Code
Authority. All members of this Division who may engage in the
Division thereafter shall likewise register with the Divisional Code
Authority. Registration of a member of this Division shall include
the full name and mailing address of the member. An application
may be made by the Divisional Code Authority to the Administrator
for an extension of the time limit for the registration by any member
of this Division if it appears that the time limit as provided herein







might cause injustice or undue hardship to any member of this
Division.
ARTICLE VII-REFERENCE TO PROVISIONS OF CHAPTER I
The provisions of Section 7 (a) and 10 (b) of the Act, which are
set forth in Sections 1 and 6 respectively of Article VIII of Chapter
I of this Code are specifically incorporated herein by reference
with the same force and effect as if set forth herein in full; all other
provisions of Chapter I of this Code, including any modifications or
amendments thereto, except as herein provided, apply within this
Division with the same force and effect as if set forth herein in full.

ARTICLE VIII-EFFECTIVE DATE
This Chapter shall become effective fifteen (15) days after its
approval by the President.
Approved Code No. 244-Supplement No. 8.
Registry No. 1616-98.







UtIIVERSITY OF FLORIDA
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