Supplementary code of fair competition for the plumbing contracting industry

MISSING IMAGE

Material Information

Title:
Supplementary code of fair competition for the plumbing contracting industry (a division of the construction industry) as approved on May 15, 1934 by President Roosevelt
Portion of title:
Plumbing 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:
Plumbing industry -- United States   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

Additional Physical Form:
Also available in electronic format.
General Note:
"Includes amendment no. 1."
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1130-05."
General Note:
"Approved Code No. 244--Supplement No. 9--Reprint."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004952509
oclc - 63655305
System ID:
AA00007018:00001

Full Text






NATIONAL RECOVERY ADMINISTRATION




SUIPPL;EMIE~NTARY

CODE OF FAIR COMPETITION

FOR THE:


PLUMBING CONTRACTING


INDUSTRY

(A~ Division of the Construction Industry)


l' '
Fot sale by the Superintendent of Docume~nts, W'ashington, D.C. - Price & cenia


Approved Code No. 244--Supplement No. 9--Reprint


Registry No. I130---05


AS APPROVED ON MAY 15, 1984
BY

PRESIDENT ROOSEVELT














WE DO OUR PART




INCLUDES AMENDMENT NO. 1






UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


u~C
1
1
i
s
r


1
I

----

























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.O., and by district offices of the Bureau of F~oreign
and Domestic Commerce.
DISTRICT OFFICES OF T[E: DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.YJ.: Chamber of Commerce Building.
Charleston, SO.:. Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
D~allas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank B3uilding.
H-ouston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
K~ansas City, Mo.: 1028 Baltimore Avenue.
L~os Angeles, Calif.: 1163 South Broadway.
L-ouisville, Ky.: 408 Federal Building.
Mlemphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A5, Customhouse.
New York, N.Y.: 734 Oustomhouse.
Norfolkr, Va.: 406 East Plume Street..
Philadelphia, Pa.: 422: Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Offie Building.
St. Louis, Mo.: 506 Olive Street.
BSan Francisco, Calif.: 310 Oustomhouse.
Seattle, Wash.: 809 F'ederal Office Building.













Approved Code No. 244----Supplement No. 9


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

]PLUMBING CONTRACTING INDUSTRY

As Approved on Mlay 15, 1934
BY
PRESIDENT ROOSEVELT


EXECUTIVE ORDER

'SUPP]LEMIENTARY CODE OF FAIR COMPETITION FOR THE PrLMBNGrrr
CONTRACTINGI INDUSTRY
A DIVISION OF THE CONSTRUCTION INDUSTRY
An application having been duly made, pursuant to and in full
comlplianee with the provisions of Title I of the National Indus-
trial Recovery ALct, approved June 16, 1933, and pursuant to and
ini full compliance with the provisions of Section 5 of Article VIII
of Chapter I of the Code of Fair Competition for the Construe-
tion Industry approved January 31, 1934, for approval of the
Plumbing Contracting Chapter of said Code, and hearings having
been held thereon, and the Administrator having rendered his re-
port containing an analysis of said Plumbing Contracting Chapter
and of said Code of Fair Comnpetition as modified by the addition
thereto of said Plumbing Contracting Chapter, together with his
recommendations and findings with respect thereto, and the Admin-
istrator having found that the said Plumbing Contracting Chapter
and the said Code of Fair Competition, as modified by the addition
thereto of said Plum~bing~ Contracting Chapter, comply in all re-
spects with the pertinent provisions of Title I of said Act, and that
the requirements of Clauses (1) and (2) of Subsection (a) of Sec-
tion 3 of the said Act have been met:
NOWC, THEREFORE, I, F'ranklin D. Roosevelt, President of
the United States, pursuant to the authority vested in mne by Title
I of the N~ational Inzdustrial Rtecovery Act, approved June 16, 1933,
and otherwise, do adopt and approve th~e report, recommendations
and findings of the Administrator and do order that the said Plumb-
ing Contracting Chapter be and it is thereby approved, and that the
previous approval of said Code of Fair Competition for the Con-
10oons*---1325-1 15----34 (1)







st~ruction Industry is hereby; modified to include an approval of
said Code in its entirety as modified by the addition thlereto of
said Plumbingf Contracting Chapt~er;
IPROVrIDED, however, that with preference to Article III, Section
1, of this Chapter, thie approval herein given is on condition that the
Administrator may review or reconsider the provisions of this Section
1 at any time3 within a period of one hundred and eighty (.180) days
from the effective date of this Chapter, and, upon the basis of such
reports, studies or hearings as he may obtain or conduct, mnay require
such modification of, or make such. other determination with. respect
to, the provisions of this Section as he shall by his further or~der di-
rect; and provided further, that if it shall be represented to the Ad-
:ministr~ator anld he~ shall determine that the provisions of this Section
impose undue hardship upon employers or employees or both, wiithzin
anly region or locality, he may at any time grant such stay of or ex-
emption from the provisions of this section within such region or
locality as he may determine is necessary to effectuate the policy de-
clared by Title I of the National Industrial Recovery A-ct.
FRANICIN D. ROOSEVELT.
Approval recommended:
HIUan S. JoHNSON,
Administrator.
The Warran H~OU~sE,
M~ay 16, 19~34.









LETTER OF TIRANSMIT~TAL


The PRESRT1
The White H~o22se.
SIR: This is a report of Chapter X, thne Plumbing Contractinzg
Chapter of the Code of Fair Comnpetition for the Construction
Industry, which wcas approved by ;you on January 31, 1934, and
which is dlescribedl as Chapter I.
This Chapter is a revision after public hearings conducted in
Washington on September 11, 1933 an~d October 13, 1933 of the Con-
tracting and Retail Plumbing Code. Additional testimony may be
found in thre Tranrscript of H-learing on. the Construction Industry
Code which was held in W~ashington on November 20, 1933, in Vol-
ume III-, pages 65-75, inclusive. Tlihese hearings were held in
ncccrdannce~ with the provisions of the National Industrial Recovery
Act, and this Chapter was thereafter revised and resubmitted.
THFE INDUTRY
The Plumbing Contracting Division is one of the most important
branches of the Colnstruction Industry, both in initial installations,
and in repairing and mnaintailninlg existing installations. Their work
is described more fully by the definitions contained in APrticle.I of
this Chapter.
PROVISIONS FOR H-OURS AND WAGES
The maximum hours set forth in Chapter I of the Code of Fair
Competition for the Construction Industry, approved by you onl
January 31, 1934, are, except for minor exceptions favorable to
employees, applicable to this Chapter.
In this Chapter X the United States have been divided into three
zones, Northern, Central and Southnern. IMinimum wages for skilled
as well as unskilled workers have been set up for each zone.
ECONOMIC EFFECT OF THE CODE
In 1929 the volume of plumbing business amounted to approxi-
ma~tely $463,000,000. Approximately 150,000 skilled journeyrmen,
fitters, helpers, wagon drivers, clerks, estimators and others were
given full or part time employment by this industry in that year.
In the year 1933 volume of business had been reduced to $f223,000,-
000. The estimantedl number of workers receiving full or part time
employment in that year wars 80,000.
~It is reasonable to suppose that, wiith the limitation oif hours on
employers acting in the capacity of employees, with the prohibition
of unfair trade practices, with the establishment of a higher uniform
rate of pay and a lesser number of hours of work, better conditions
will prevail in this Industry and that employers, employees and the
public will be benefited.
FINDINGS
The Deputy Administrator in his final report to me on said plumb-
ing Contracting Chapter of the Code of 1Fair Competition for the
(3)






Construction Inzdustry, as modified by the addition thereto of said
Plumbing Contr~actinga Chapter, having found as herein set forth and
on the basis of all the proceedings in this matter :
I find that:
(a) Said Plumbing Contracting Chapter of said Code of Fair Com-
petition for the Construction Industry as modified by the addition
thereto of said Plumbing 'Contracting Chapter, are w~ell designed to
promote the policies and purposes of Tit~le I of the National Indus-
trial ]Recovery -Act, including removal of obstructions to the free flow
of interstate and foreign commnerce which tend to diminish the
amoount thereof and will provide for the general welfare byI promot-
ing 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 eliminating unfair competitive practices, by pro-
mot~ingr the fullest possible uxtilizationl of t he present productive ca-
p~acity of industries, by avoiding undue restriction o~f production
(except as may be temporarily required), by increasing the consump-
tion of industrial and agricultural products through increasing pur-
chasing power, by reducing and relieving unemploymentt, by improv-
ing standards of labor, and by otherwise rehabilitation industry.
(b) Said Plumbing Contracting Chapter and the Codle of Fair
Competition for the Construction Industry, as modified by the
addition thereto of said Plumbing Contracting Cha pter, as ap-
proved, c~omply in all respects with. the pertinent provisions of
said T'itle of said Act, including without limitation subsection (a)1
of ~Section 3,ubeto (a) of Section 7, and subsection (b) of
Section 10 thereof ; and that the applicant association is an in-
dustrial association truly representative of the aforesaid Indus-
try; and that said association imposes no inequitable restrictions
on admission to membership therein.
(c) Said Plumbing Contracting Cha~plter and the Code of Fair
Competition for the Construction Industry, as modified by the
addition thnereto of said Plumbing Contracting Chapter, are not
designed to and will not permit monopolies or monopolistic prac-
tices.
(d) Said Plumbing Contra~ctingr Chapter and the Code of Fair
Competition for the Construction Industry, as modified by the
addition thereto of said Plumbing Contracting Chapter, are not
designed to and will not eliminate or op~pre's small enterprises and
will not operate to discriminate against them.
(e) Those engaged in other steps of the economics process have
not been deprived of the right to be heard prior to approval by
said Plumbing Contracting Chapter anad of said Code, as modi-
fled by the addition thereto of this Plumlbing Contracting Chapter
the~reoyf
For these reasons, therefore, I recommend approval of said
Plumbing Contractings Chapter and. said Code, as modified by the
addition thereto of said Plumbing Contracting Chapter thereof.
Respectfully,
Huan: S. Jo-Nwson,
Administrator.
nfAY 15, 1934.










CH-APTR X


SUPPLElllENTAIRY CODE: OF FAIR COMPETITION ~FOR~
THE PLUMIBIING CONTRACTING DIVISION OFEi TIHIE
CONSTRUCTION INDUSTRY

ARTIOLlE I-D7EFINITIONS

SECTION 1. The term Plumnbing Contra-cting Division or "L Di-
vision ", as used herein, includes selling to consumers and/or repair-
ing or installing, for profit or hire, all types of plumbing equipment
and fixtures, including water supply systems or parts thereof,
drainage systems or parts thereof, plumbing connections to air
conditioning systems, air and gas piping, gas a~nd gasoline piping,
vacuum cleaning systems or parts thereof, such other piping and
equipment as~ is commonly handled by Maste~r Pumnbers, and all
other articles pertaining to plumbing.
SEoTION~ 2. TChe term Plumbing Contractor or "L Master
Plumber ", as used herein, is defined as: Any individual who has
passed a satisfactory examination, where required by law, covering
his technical training and experience in the engineering and manual
aspects of his Division; has a license where required, in conformity
with the requirements of the area in which he oeaeoi ra
where no license is required, is capable of making lesa satisfacto-yo i ryts
installation under either the "L United States Bureau of Standards'
1Recommended M/inimumn Requirements for Plumbing as Revtised
to May, 1931 or the Plumbing Code approved by the National
Association o~f Master Plumbers of The United States, Inc., in co~n-
vention June,.1l933; or a firm, corporation or other entity organized:
for the purpose of selling anrd installing plumbing products, any
member, offcer, or regular employee of which is qualified as above
provided. Copies o~f said Recommended Minim~umn Requiremenmts "
and Plumnbing Code shall be obtainable through the Code
Authority.
SECTI[ON. 3. The term "Association", as used herein, is defined as the
National Association of Master Plumbers of the United States, Inc.
SECTION. 4. The term Member of the D~ivision ", as used herein,
includes any individual, partnership, corporation, or other person
engage in the Division as an employer, either on his or its own
SECTION 5. The term Employer ", as used herein, means any
employer engaged in the Division.
StE ~na 6. The termn Employee ", as used herein, includes any
and all persons engaged in the Division, however compensated,
except a member of the Div~ision.







SECTION )7. TChe term "L Laborer ", as used herein, is one who is an
ordinary ulnsk~iled laborers capable of excavating, drilling, cleaning,
moymng, a nd other heavy manlual work.,
Srenorv 8. Thet term "LAppr~entice ", as us~ed herein, is an employees
u~ndergroing a system or c~ourse of training, whose age when starting
his appren'tic~eship is over eighteenl bult not over twenty-one years.
The term of apprlenticecship shall not exceed a period of five years.
SEC'TION 9. The term Consumner ", as used herein is defined as
any purchasesr of plumbing products who purchases for ultimate
can lumptioti n and not for resale, excepting, only, persons subject to
this Code.

ARTICLE I[[-11AXlnI'IMU HOUrRS AND CONDITIONS or EMPLOYR\IENT

SECTION i 1. E Qf10iiO8 Of LiOzcT8 Of 'WoOTA.--NO emlploSyee shall
boe per~mittedl to work ini excess of eight (8) hours per day or forty
(40) hours per wTeek;, provided that this limitation shall not apply
to any employee engaged in manigrerial, supervisory, or executive
tapaccity,, recei~ving compensation in excess of thlirty-five ($35.00)
dollars per week, or to w~atchmen. H-owever, no employee engagedl in
a. suPer~visoryS can~city who performs manual labor shall be inc~ludfed
18 LhilS except lon.
SECTION 2. Emergency.-Iln cases of emergencyT, employees mlay be
plermitted~ to wForki not in. excess of forty-eight (48) hours per weekr;
provided, however, that the total working time in any four (4) con
se~cutive w\eeks shall not exceed one hundred and sixty (160) hus
Emer~lgency work shall be anyr work necessary for th~e protection or
pr~eservationl of life or health, for the prevention of damage to prop-
etyltS, or made necessary to avoid undue disruption of business. Not
less than. one and one-half (11/,) times the regular rate shall be
paid for~work done in excess of the maximum regular hours of work
p'rescribed in. this article.
SECTION 3. TT;T c'hm8R.--RP O w~atchmaan shall be permitted to work
more than fifty-six (56) hours in any one week or more than sixr (6)
dtays- in any sev-en (7) dlay period.
SECTION 4. Posting.-A~ll employers shall post, and keep posted,
in conspicuous and easily accessible! pheces in their offices and shops,
all provisions of the Code affecting this Chapter as to hours of
employment, rates of pay, and all other labor provisions.
SEC'TIO 5. Standards for Safety anld Hiealth.---EveryT employer
shall make reasonable p~rovision or the safetyadhalho i
empllloyees at the place and during the hours od theirt mlofment.
St~antar~ds for safety and health. shall b~e submitted by the Divisional
Code Authority to the Administrator within sixty (60) day's after
the ap~prova"l of this Chapfter.
SECTION 6. No mlemlber ofe this division shall directly or indirectly,
or by any subte~rfuge, sublet solely the labor services required by any
contract secured by such member.
SECTION 7. No member of the D~ivision shall avoid or evade the
labor provisions of this Chapter by contracting his work to any per-
sonl or persons subject to labor prov7isionls less astringent than those
provided in this Chlapter.







ARTICLE III[--AlNIMUMT WrAGfE RATES

No emplo'ee shall be paid at less than the proper rate for such
employees determined in accordance with the following schedules:
SjECTION 1. (a) The United States shall be divided into three zones
a~s follows:
SOUTERN ZONE


South Carolina
Gre orgia n


Alabama
M~ississippi
Loulisianra
Arizona


Oklahoma
Texas
New Mex~ico


CENTRAL ZONE
Utah
California
Northn Carolilna
West Virgcinia
K~entucky

NORTHERN ZONEI


3Deltware
Ma cy~land
;Virginia
'~Tenlnessee e
CXlolor~ado


Missouri
Kansas
Nevada
District of Columbia


Pennsylvania
Ohio
Mlic~higan
Illinois
lowa
North Dakota
M~ontana
Washington


Miaine
N1~ew Hamnpshire
Velrmocnt
Ma~lssc~hu set ts
Rh~ode Island
Clonnecticut
New York
N\ew Jersey


Indiana
W~isconsin
M/innlesota
Nebraska
W~yoming
Oregon
South, Dakota
Idaho


(b) The hourly minimum wage rIates to skilled mechanics and
umskilled laborers shall be:
Southern, zone: Skilled labor, $1.00; unskilled labor, $0.40.
Central ozone: Skilled labor, $1.10; unskilled labor, $;0.45j.
Northern zone: Skilled labor, $1.20; unskilled labor, $0.50.
Th~fe above shall not be construed to authorize reductions in existing
rates of pay.
(c) M~ininlllln wages for appren~tices shall be twelve dollars
($12.00) per week. No member of th~e Division shall have more
than two (2) apprentices in his employ at any one time, the names
of such apprentices to be tratnsmitted to the Divisional Code
Authlorityl
SECTION 2. Nrothinlg in this Article shall be considlere~d to alter
or amnend Article III, Section 1 of Chapter I, where the wages so
agreedl upon, exceeed the minimumn rates in this Chapter.
SECTION 3. No employer shall make paymllent of wages due, other
than in lawful curr~ency or by negotiable check therefore payable
on demand at par. All wages shall be exempted from any payment
to pension, mnsurance, or sick benefits other than those voluntarily
paid by thne employee or required by State law. No employee shall
f See paragraph 3 of order approvingi this Code.






be paid at a greater interval than at the end of each month. N;o
employer shall accept any rebate directly or indirectly, or give
anythmyg of value, or extend any favor to any person for the pur-
pose of mfluenem~g rates of wages or the working conditions of his
employees.
SECTION 4. No employer shall reclassify employeesg sor dutiso
occupations performed, or engage in any othersutrgeoaso
defeat the purposes or provisions of the Act or of this Code.
ARTI~la IV--AII mmJIsaarBion

Further to effectuate the policies of the Act and to administer this
Code, a Divisional Code Authority for the Plumbing~ Cont~ractingr
Division is thereby estalblishedl as provided hereinafter.
SIECTION 1. Divi;sional Code Authovrity.--Organzization and Con1-
stitution. T~he Divisional Code Authorit~y for the Plumbing
Contracting Division he~creinafter referred to as the Divisional Code
AQuthority shall be composed of thirteen (13) RMembers, seven (7)
of wrhom shall be elected within thirty (30) days following the
effective date of this Code, and annually thereafter, from the Board
of Directors of the Association by a maJority vote of said ]Board of~
Directors, and each Member so selected shall serve until his reelection
or his successor's election. Three (3) Members shall be appointed by
the Board of Directors of the At~ssociation from Members of the
Division who are not members of thne Association, selected in anyT
manner approved by the Administrator, to serve until the M/embers of
the Division who are not members of the Association shall select
their own representatives to serve in place of such three (3) ap-
pointed by the said Board of D~irectors. The three (3) remaining
members of the Code Authority shall be appointed annually by the
United Association of Journeymen Plumnbers and Steamfitters of
the UCTnited States and Canada, anzd each, member so appointed shatll
serve until he is reappointed or his successor appointed. Each
mremnber of the Divisional Code Authority shall have one (1) vote.
After said Divisional Code Authority has been duly established, the,
members thereof may, in manner and form required by )law,
incorporate in the State where thne interests of said body are best
served provided however that said corporation is not organrized
for profit,
SECTION f2. To administer this Code within this Division during
that period from the effective date of the Code to the date of election
of the D~ivisional Code Authority, the Code Com~mittee, wrihich. had
been emrpowpered to formulate and assent to a Code for this Division
shall be authorized to act in thfle capacity of a temporary ]Divisiona
Code Authority.
SECTION 3. PowerTS and D3uties of the Divisional Code Aulkority.--
The Divrisional Code Authority shall have in addition. to the duties
aind powvers conferred upon it by Chapter I hereof, the following
duties and powers to the extent permitted by the Act:
(a) It shall have the power to demannd the production of pertinent
documents, data and accounts, to exanune same and in general to
attempt to adjust any complaint or violation of this Code. It may
provide for its own organization, and may make such rules as to







meetings, notices, waivers of notice and other procedural matters
as it m~ay from time to time determine; provided, however, that
notices of meetings shall be sent to the Administrator and all mem~-
bers of the Construction Code Authority and the Divisional Code
Authority sufficiently in. advance of such meetings to permit the
Administrator or his representatives and all 1Mem~bers of the Code
Authority to attend such meetings if desired.
(b) It may~p from time to timne require the members of the Division
to submlit for its own consideration and for transmittal to the Ad-
ministrator, and to the Construction Code Aluthority, such reports,.
statistical data, antd other information. as it may require. Such in-
formation wFsill not be open to inspection except as to totals of the
entire Division. The compilation of reports shall be performed by
individuals who are not in any way connected with any Mlember ofT
the D~ivision.
(c) In addition to th~e information. required to be submitted to the
Divisional Code Authority as set forth in this Article, there shall be
furnished to such ~Federal and State agencies as the Administrator
shall designate, such statistical *information as the Administrator
may dee~m necessary for the purposes recited in Section 3 (a) of the
Acct. Individual reports shall not be disclosed by any employee of
such agencies to any person other than a sworn employee of such
agencies or of th~e National Recovery Admainistration; nor shall such
agencies publish such reports in a mannr which will result in the
disclosure of the identity of information furnisheid by any individual~
or firm filing a particular report.
Secion1, 1.Itbeig ozund necessary in order to support the
Admnisraton f tis odeandl to maintain the standards of fair-
competition established A~rcrrrleande anbd to effeatuate the policy of the
Act, the Divisio~nal Code Authority is althorized~:
(a) To i~ncur such reason~ble o-bliga~tions as are necessary and
proper for the foregoing purposes, and to meet eacch obligations out
of funds which may be raised as hereinafter provided and wuhich-
shall be held in trust for the purposes of the Co0de;
(b) To submit to the Admninistrator for his approval, subject to-
each notice and opportunity to be heard as he may deem necessary
(_1) an itemizedE budget of its estimated expenses for the foaregoing
purposes, and (Ba) an equitable basis upon which the fund~s necessary
to support such bucdget shall be covntribu6ted by members of th~is
industry;
(c) After such budget and basis of conrtribution, have been ap-
proved by the Administrator, to determine and obtain equcitable
c~on~tribittionz as above set forth by all members of this Division, a~ndT
to that evul, if necessary, to institute legal proceedings therefore in, its
ownl nam~e.
S. Each membl~er of this Division shall pay his or its equ~itable
contribution to the expenses of the maintenance of the C~ode Author-
ity, determined as heresnabove provided, and sulbjectt to rules andul
rlegukatio~ns pertaining thereto issued by the Admi~znistrator. Only
members of this Div~2ision coamplying with the code a~nd contribu~tinIg
to the expenses of its ad7i~n~ist~a~tion as hereinab6oze proLided, waless
duly exempted fromt making suczh contributions, shall be entitledE
to pacrticipate in the s~elction of memnzbers of the Divisional Codel






Authority or to r~e:eivue the benefits of an of its volwun-tary activities
or to makt~e use of any emrblem, or insignia of the~t National Reco-oery
A dmninzist rat ion.
3. The ~DivLisio7m21 Code Aut2hority sha~ll neither inflcrur nor pay any
obrligatio~n sulbstar.ntially in elscess of the amowa~nt th~ereof as estimated
inl its appr~oved budget; antd shall in no event ewe~eed the total amoucnt
coltineri~d in thle approved bucdget except ulpocn approval of the Ad-
miiniutrator; and no .ne-bseqpuen t budget sh~all2 colzt a~in y dlefloienLcyl
item for c;r(exped~itur~e su in ezcoess of prior budget estimates eweept
those wchich the Adm.inist;rlaftor hlas so approv2ed~.2
Analous, V--T~RUDIE PRACTICES

The following practices shall constitute unfair methods olf comp~e-
tition and7 areSClj pr-ohibite d::
SECTON Te secret payment or allowances of rebates, refunds,
credits, or unearned discounts, whether in the form of money or
otherwise, or the secret extension to certain purchasers of special
prices, services, or privileges not ehte~nded to all purchassers on like
terms and conditions.
SECTION 2. To accept any contract on a fixed fee basis or cost
plus basis with an ,upset P rice ", protecti ngc the purchaser against
hi-er costs, but not protectmng the contractor against losses.
L_ ECTIO)N 3. To permit th loan or transfer of a 1Plumbingr License
or to allow anyone to work: under a Pluming License held by
;another.
SECTION 4. As a member of the industry, or his agent, or repre-
sentative, Imrowinlgly to participate in Bid Peddling '" or Bid
Shopping as defined in Chap~ter I hereof.
SECTION 5. To1 depaRrt from the following practice in all c~ompeti-
tive bidding: All bids submitted shall be the final bids of the bidd~er~s
and no changes in the amount of any bid shall be made, save only
those due to bona fide changes in. the plans or specifications, awnd in
such cases changes in the ,amount of -thle bid shall be made on th
same unit or other basis as the original bid.
SECTION 6. To submit bids on other th~an the requirements of plans
and specifications, when planlsand specifications are drawn; pro-
vided, however, that the foregomg~ shall not prevent alternative bids
in which divergencies from the original plans and specifications are
clearly indicated aand described in such alternative bid.
SEC7TION 7. To1 fail to file copies of a bid, in excess of a minimum
amount to be established by thle Divisional Code Authority~ with the
approval of the Adlministr~ator, with a depository designated by the
Divisional Code AuthlorityT.
SIECTION 8. To sell any product and/or service below thle reason-
able cost of such product or service, namely the cost of materials,
plus labor, plus overhead, as determlinedl in. accordance with the
provisions of Article VI, Section 2 of this Chapt~er.
S~ECTION 9. TCo make or cause or knowingly to permit to be made
or published any false, mlaterially inaccurate or deceptive statement
by way of advertisement or otherwis-e, whether concerning t.he grade,
quality, quantity, substance, character, nature, origin, size, finish,
a Italicizedl words added by Amendment No. 1, approved A8ug. 11, 1934.







or preparation of anyV product used by the Division, or the woork-
manship credit terms, values, policies, conduct or services of any
member of the Division, or other wise, having the tendency or
capacity to mislead or deceive customers or prospective customers.
SEcTION 10. Tlo furnish articles more or less expensive, of better or-
inferior quality, or of larger or smaller size than specified without
making the proper adjustments in the quoted price and clearly iden-
tifying the nature of the substitution.
OECTION 11. To give, or permit to be given or to offer to givPe, di--
rectly or indirectly, money or anything of value to agents, employeess.
representatives, architects, or engineers of purchasers or prospective
purchasers for the purpose of influencing their employers or princi-
pals or prospective employers or principals to purchase from the
pro~ff~eror or to refrain from purchasing from competitors of the prof-
feror. Nothing herein stated shall be construed to prohibit free and
general distribution of articles commonly used for advertising except
so far as such articles are actually used for commercial bribery as
hereinabov~e defined.
SECTION 12. TO Secure confidential information concerning the
business of a competitor by a false or misleading statement or rep-
resenltation, by a false impersonation of one in authority, by bribery,
or by any other unfair method.
SEcTION li. TO engage in the business of the Division without
an address.
SECTION 14. When engaged in the work of an employee, to work-
in excess of the maximum hours provided in Atrticle I[I, or, when
so engaged, to fail to charge time at least at the established rate~
of pay f~or such, employee.
SECTION 15. To de~famle competitors or others engaged in the
Plumbing Industry by falsely imputing to them dishonorable con-
Sduct, inability to perform contracts, questionable credit standing,
or ~by other false representations or by false disparagement of their-
ability or workrmanship.
SECTION li. TIO in1Stall1 or repair any plumbing system or any
part thereof by any person who is not properly licensed, in States,.
Cities or communities wPhere such licensing is required.
AnnanCL VI-MARKETING POLICIES

The following practices shall be followed by all members of the
Division in the marketing of their materials and services, and de-
viationr from such practices anld rules shall constitute unfair comn-
petition and is prohibited.
SECTON. 1. In order to facilitate the administration of this Code,
each member of the .Division shall keep his accounts in, such maanner
as to make possible the determination of the cost of doing business
as a member of this Division.
SECTION 2. 1Evpery member of the Division shall use an accounting
system which conforms to the principles of, and is at least as de-
tailed and complete as, the uniform and standard method of accounrt-
ing set forth in the "' Simplified Course of Accounting for Master-
Plumbers or H-3eating Contractors ", formulated by the Plumbing
and Heating Industries' Bureau; alnd whJich includes a costing sys-







te~m which conforms to the principles of, and is at least as detailed
-and complete as the standard and uniform method of costing to be
formulated under the supervision of and approved by the Divisional
iCode? Authority and the Administrator with such variations t~here-
frorm as may be required by the :individual conditions affectingr any
-member of the Division, or group of contractors, and as may be
approved by the Divisional Code Authority and the Administrator
and made supplemental to th Simlplified Course of Accounti-ng or
mlet~hod of costing.
AnnT(Ter VII-MhODIFICATION

Subject to the provisions of Section 2 (c) of Article IV, B, of
Chapt~er I of this Code, the provisions of this Chapter, except as to
provisions required by the Act, may be modified on the basis of expe-
rilence or changes in circumstances, such modifications to be based
upon application to thne Administrator and such. notices and hearing
.as ~he shall specify and to become effective on his approval.
AuRicL; VIII--RFEIRENCE TO PROVISIONS OF CHAPTER I:

The provisions of Sections '7 (a) and 10 (sb) of Athce Act, whic
arest fotinScin1ad6 respectiveyoArilVIIo
Chapter I of this Code are specifically incorporated herein by ref-
erence -with the sa me force and effect as if set fort herein in. full;
all other provisions of Chapter I of this Code, except as herein pro-
vided, apply within this Division. with the same force and elFfect as
if set forth herein in full.

ARrICX; IXI--REVE OF ~aCS OF CODE AU~ITHORITIS

If the Administra~tor shall determine that any action of the Divi-
sional Code Authsority or any agency thereof mlay be unfair or unjust
or contrary to the public interest the Administrator may require
that such action be suspended to afford an opportunity for investiga-
tion of the merits of sucht action. and further consideration by the
Divisional Code ~Authority or agency pending final action which
shall not be effective unless the Admmnistrator appravres or unless
he shall fail to disapprove after thirty days' notice to him of inten-
tion to proceed with such action. in its original or modified form.
AnaIcL iL X-EFFECTIVE DATE:

This Chapter shall become effective on the twentieth (20th) day
;after its approval by the 1President.
Approved Code No. 244-BSupplement No. 9.
Registry No. 1130-05.



































































































































































































































































I





UNIVERSITY OF FLORIDA


3 1262 08855 7458