NATIONAL RECOVERY ADMIINISTRAITION
S UPPLEM~ENTARY u
C ODE OF FAIR COMPETITION
HEATING, PIPING, AND
AIR COND ITION ING C ONTRA CTORS'
For sale by the Superintendent of Documents, Whshington, D.C. Price 5 cents
Approved~ode No. 244i-Supplement No. 16
Registry No. 1130--03
wE Do OUJR PARt
.-- ----- *****r*"" UNIT D STATE
(A Division of the Construction Industry)
AS APPROVED ON JULY 25, 1934
This publieution is for sale by the Superintendenet of Documents, Government
Printing Olike, W~Tashington, D.C., and by district offices of the Bur~eau of Foreign
and Domrestic Comm~erce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMIERCE
Atlanta, Ga.: 504 Post Ofice Buildlingr.
Birmingham, Ala.: 25i7 Federal Building.
Boston, Mass. : 1801 C~ustomlhouse.
Buffalo, N.Y.: Chamuber of Colzmmerce Bluildinlg.
Charleston, S.C.: Chamber of Co~mmeree Building.
Chicago, Ill.: Suite 1700. 201 Nor'thl Wells Stretet.
Clevelandl, Ohio: Chlam ~er of Co~mmerere.
D~allas, Tex.: C1amber of Commelcrc-e D~uiblinlg.
D~etroit, Mich.: 801 First Natio~nal Banks Building.
Houston, Tex.: Chambecr of C~ommerice Buildinig.
Indialnapolis, Ind.: Chalmber of Commulercet Buiblin~g.
.Jacksonville, Fla.: Chamber of Commuerrce Building.
K~ansas City, Mo.: 1028~ Baltimojre Avenue.
Los Angeles, Calif.: 1163 So~uth Broadwayl.
Louisville, K~y.: 408 Federal Buildling.
M8emphis, Tenn.: 229 Federal Buildtuilg.
MCinneapolis, Minn.: 213 Federal Building.
New Orleanls, La.: Roomo 225-A Custombiouse.
New York, N.Y.: 73-1 CustomboE~use.
Norfolki, Va.: 400, East Plume Street.
Philadlelphlia, Pa.: 42"2 Commercial Trust Buibtling.
Pittsburgh, Pa.: Chambher of Comnmerce Iluihlingi.
Portlanld, Or~eg.: 215 New Post Ofic~e Bsuildin~g.
St. Louis, Mo.: 506 Olive Street.
San FranIc.isco, Calif.: 310~ Custombouce.
Seattle, Wasnh.: 809 Federal Office D~undinlg.
Approved Code No. 24-i-Supplement No. 16
SUJPP"LEMENTARY CODE OF FAIRE COIMIPETI[TION
HEATING, PIPING=, AND AIR CONDITIONINGJ
As Approved on July 25, 1934
SUPPLEMIENTARY CODE OF EIAIR COMtPETITION FOIR THE CREATING,
PremoQ, A~ND AIR CoDNDITIONING CONTRACTOR'S INDUSTRY
A- DIVISION OF THE CONSTRUCTION INDUTR
An application hiavinig been duly maade pursuant to and in full
compliance with the provisions of Title I of the National In-
dustrial Recovery Act, approvFed June 16,s 1933, and pursuant to and
in full compliance with the provisions ofSection 5 of Article VIII
of Chapter I of the Code of Fair Competition for the Construction
Indust~o riryiaod approved January 31, 1934, for approval of Chapter XVTI
ofI1t said Goehich Cthapter XVI is applicable to the H~eating,
Pipig an AirConditioning Contractors' D~ivision of the Con-
struction Industry, and hearings having been held thereon and the
annexed report on said Code, con~taining ~findings with respect thereto,
having been made and directed to the President:
SttsNOW; THEREFORE, on behalf of the President of thie Uni~ted
StaesIHugh S. Johnson, Administrator for Industrial Recovetry,
pursuant to authority vested inr me by 1Executive! Orders of the
President, including Executive Order No. 6543-A, dated December
30, 1933, and otherwise; do hereby incorporate by reference said
anneed report and do find thaft said Ch~apter complies in all re-
spects wCith the pertinent provisions and ilpromote the policy and
purposes of said Title of said Act; a~nd do hereby order that said
Chapter XVIl be and it is hereby approved and that the previous
approval of said Code of F'air Competition for the Conlstruction
Industry is hereby modified to include an app'roval of said Code in
its entirety as supplemented by said Chapter XLVI;
(1) That with reference to the provisions of Section 1 of Articls
II, the approval herein given is on condition that the Admuinistrator
may review or reconsider the provisions of said section at any time
within a period of one hundred and eight~y (180) days from the
T618P-----829-141----34 (1 1
effective date of this Chapter, andl, upon the basis of sulch reports,
studies or ]hearings as he may obitain or conduct, may require such
modification of, or makie such determination with respect to, the pro-
visions of this section as he shall by his further order direct; andl
p'rovided further, that if it shall be represented~ to the Administrator
and he shall determine that the provilslons of this section :impose un-
due hardship upon emnployers or employees or both, wiithin any region
or locality, he may at any time grant uch stay of or exemption
from the pr1ovi~sions of this section within such region or locality
as he may dletermine. is necessary~ to effectuate the policy declared
by Title I of the National Industrilal Recovery Act;
(2) Th~at with reference to the provisions of Article I, relating
to the definition, the approval herein given is on condition that
the provisions of this Article be rev~iewed~ or reconsidered upon due
notice and public hearinar within a period of sixrty (60) days after
the e~ffective date of this Chapter and upon the basis of such hearing
and for the purpose of elimination of duplication of administrative
facilities or operations or jurisdiction, the Adtministrlator may re-
quire such modlificat~ion of or- mIake such other dleterm~ination with
respect to the provisions of this Atrticle or his approval of th~is
Code as he shall by his further order direct; and, provided further,
that if it shall be represented to the Administrator and he shall
determine that thre provisions of this Article impose undue hard-
ship upon any melmber of the industry within any region or locality
or to any class of members of the industry he may at any time grant
such stay of or exemption fromn this Code as he may determine is
necessary to effe~ctuate thne policy declared by Title I of the National
Industrial ReovTery Act;
(3) That with reference to the provisions of paragraph (d),
Article IV, the approval hlerein given is on condition that the Ad-
ministrator may review or reconsider the provisions of said para-
graph within a period of ninety~ (90) days after the effective date of
this Chapter, and upon the basis of such reports, studies or hearing
as he may obtain or conduct, may require sulch mocdification of, or
make such other determination wit~h respect to, the provisions of
this paragraph as he shall by his further order direct; and, provided
further, that the Divisional Code Authority for said Chapter shall
cause a survey to be mlade with reference to the provisions of said
paragraph andl shall. furnish statistics and other information per-
taining thereto,- and such other infor~mation as may be required by
the Admiinistrator, to the Admiinistrator within minetyS (90) days
after the effective date of said Chapter. and that on the basis of such
information or otherwise, the Administrator miay thereupon order
the approval, mnodlifiention or deletion of said paragrlaph as afore-
)IUGH S. JoHNSON,
Admin~istrlator for Idustral Rc~overy.
Aplprovanl recommended :
GEO. L. BERRY,
July :?5, 1L93~..
REPORT~ TO THE-3Ii PRESIDENT
The Wlhite Hl~ouse.
SmR: This is a report on the H-eat~ing, Piping and Air Condition-
ing Contractors Chapter of the Code of Fair Competition for the
Construction IndustryT which is described as Chapter I and ~which
was approved by you on January 31, 1934.
Thiis Chapter is a revision after a public hearing conducted in
Wa~zshington, D.C. on Sept~ember 11, 1933,3 and reconvened hearings
conducted in Washington, D.C. on April 12 and Aipril 20, 1934, in
accordance with the provisions of the National Industrial Recovery
Act. This Chapter amplifies Chapter I and is designated Chapter
XVI. It applies specifically to the H-eating, Piping and Air Con-
ditioning Contractors Division of the Construction Industry.
PIROVISIONS FOR IIOU~RS) AND WAGESI
In addition to the hour and wage provisions of Chapter I of
the Construction Industry Code, as approved by you on January
81, 1934, this Chapter XVI provides a minimum w~age of not less
than $1.20 per hour fior journeymen steamnfitters in the Northerli
Zone, as defined in this Chapter not less than $1.10 per hour in the
Central Zone, as defined in this ;Cha pter; not less than $1.00 per hour
in the Souther~n Zone, as defined in this Chapter; and in all zones,
as defined in this Chapter, that not less than $12.00 per w~eek shall"
be paid apprentices. Th wage scale provided by this Chapter for
journeymnen Steamfitters is identical, both as to 2;ones and as to wages
for skilled workers, with the corresponding provisions of the Plumb-
ing Cont~racting: Division of the Construction Industry Code, ap-
proved by you Mlay 15, 1934.
ECONOMICC EFFECT OF THE CODE
According to the statisticnl analysis of the Division of Research
and Planning, the total volume of work in this Division of the Con-
structionl Indsr in 1_929 a mounted to approximately $5I00,000 ,000.
In 19312 this volume of work had dropped to about. $196,000,000. Ac-
cordling to the information supplied by the sponsors of this Chap~ter,
th~e aFggregate volume of business in 31933 amounted to $7i3,179,000.
In 1929,. according to the stat~ist~ical analysis of the Division of Re?-
search and Planning, this Division of the Constr~uction Industry
emp~loyed 84,500 wrorkrers; in 1933, 31,900 woarkers.
It, is reasonable to suppose that with the establishment of higher
uniform~ rates of pay, the limitation of the hours of work, and thle
prob~ibition of unfair trade practices, both emnployer~s and employees
in this Industry will be materially benefited without detriment to the
The Deputy Administrat~or in his final report to me on said Heat-
ing, Piipinlg and ~Air Conditioning Contractors Chapter of the Code
of Fair Competition for the Construction IndustrT, having found as
her~ein set forth and onr the basis of all the proceedings in this matter;
I find that:
(a) Said H~eating, Piping and Air Conditioning Contractors
Charpter and said Code of F'air Competition for thte Construction In-
dlustrly, as supplemented by said Heating, Piping and Air Condition-
ing Contratctors Chapter, are well designed to promote the policies
and P purposes of Title I of the Na~ztional Industrit al Recove~ry Act, in-
cludmlgr removal of obstructions to thne free fliow of interstate and for-
eign commerce whlich tend to dim~inish the amount thereof and will
provide for the general welfare by promoting the organization of
Industry for the purpose. of coope~rative action among the trade
grops,ln by induclingr and maintainng united action of labor and mnan-
agSement u~nder adcequate governmental sanctions and supervision, by
eliminating unfair competitive practices by promoting the fullest
possible utilization of the percent productive capacity of ndustres, by
avoiding unldue restriction of production (except as may be tempo-
rarily required) by increasing the~ consumption of industrial and
agricultural products th roughI increasing purchasing powiper, byT re-
ducing and relieving unemployment, by improving standards of lab~or,
and by otherwise rehabilitating industry.
(b) Said Industry nor~mnl~y employs not more than 50,000 em-
ployees; and is not classified by me as a major industry.
(c) Said Heating, Piping and Air Conditioning Contractor~s Chap-
ter and the Code of Fair Competition for the Construction Industry,
as supplemented by said Heatmng, Piping and Air Conditioning Con-
tr~actors Chapter, as approved comply in all respects with the perti-
nent provisions of said Title of said Act, includ~inga without limita-
tion Sutbsection (a) of Section i3, Subsection (a) of Section 7, and
rSu~bsect~ion (b) of Section 10 thereof ; anid that thEe applicant associa-
tion is a~n industrial association truly representative of the afor~esaid
Industry; anld that said Association imposes no inequitable restric-
tions on admission to membership therein.
(d) Said Heating, Piping and Air Conditioning Clont~ractors
Chapter and the Code of Fair Comnpetition. for the Construction In-
dustry, as supplemented by said H-3eating, Piping and Air Condlition-
ing Contract~ors Chapter are not designed to and will not permit
mlonopolies or monopolistic practices.
(e) Said Heating, Piping and Air Conditioninga Contractors
Chapter and the Code of Fairtir Competition for the Construction In-
dustry, as supplemented by said H-3eating, Piiping,and Air Condi-
tioning Contractors Chiapter, are not desigrnedl to and wvill not elimli-
natet or oppress small enterprises and wlill not operate to discriminate
(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
Heating, Piping and Air Conditioning Contractors Chapter and of
said Code, as supplemented by this Heating, Piping and Air Condi-
tioning Cont~ractors Chapter thereof.
]For these reasons, therefore, I have~ approved said H~eatinrr Pi ing
and Air Conditioning Contractors Chapte~r of the Code of falir Com-
petition of the Construc~tion ICndustry.
Huan~ S. JoENxson,
JULY 25, 1934.
SUPPLEMTENTALtRY COD]E OF FAIR COlilPETITION F~OR
THE; HEATING, PIPING, ~AND AIR CONDITIONING CON-
TIRACTORS' DICVISIONJ OF THBE CONSTRtUCTION IN-
.SECTION 1. (a) The term Hecating, Piping, and A2ir Conditioninga
Contractors Division ", or this division ", as uIsed hlereinI shall in-
clude the furnishingb and installing of systems, or panrts thnereof, for
steam and hot water hleating, ventilating, refrigeration, air condi-
tioning, power piping, industrial process piping, spr~inkler piping,
temperanture control piping, high and low pressure boilers, stokiers,
oilburingunits, pneumatic piping, hydraulic power piping, and all
apparantus. appu~t~enancle s and piping~ systems in connection there-
withn, regardless of whether such piping conveys steam, wrat~er, air,
brine, amnmonria, oil or other fluids or other conunercial products, or
products in course of manufacture; and
(b) pipe coveringr and painting when required by, and included in,
the contract for any of the services or operations described in pasra-
graph (a) of this sect~io:n, and not performed- under sub-contract let
by a member of this division; and
(c) sheet metal work when requiredt~ by, and included~ in, the con-
t~ract for any of the services or operations describ~ed inl paragraph
(a) of this section, and not performed under a sub-co~tr~net let by
a member of this division; provided, however, that. t~he wbjrk de-
:reribedJ in t~hjis pa:ragraph) shall be performed ulnderl conditions no
less strilgrentt than prescribed in any Chaplter of this code, relating
to RooFingr and Sheet Mletnl Contractors, andi pr1ovided~ further that
no bids for such workrl shall be submitted under such Ch~ap~ter or any
ass.iessmnent be charged thereunder against members of t.he Heating,
Piping, and Air Condtitio~ning Contractors D~ivision.
(d3) suchn branlches or subdivisions of the services or operations
incluidedt in paragranphs (a), (b) and (c) of this section as may from
timre to time be inc~lud~ed under the provisions of this Chlapter.
(e) the provisions of this Chapter shall not applyl to any of the
opertons:- above mlentionedl when performed by a manufacturer on
his own pr~emise~s andl by his owpn employees andl not. for compensa-
tion or hire but for suchr manufacturer's own use within the scope of
such mnllufacturer'ss industryy, as defined in the approved code of
such industry, provided, howevere, that such operations are confined
to repair and maintenrnanc items chargreable to operating expenses
and to minor items of replacement ch~arjieable to capital expendi-
tures. Nor shall thEe provisions of this Chapter apply to the super-
a See paragraph 2 (2~) of order approving this Code.
vision by supervisors and specially trained technicians at the site hin
connection with the instafillation of a manufacturer's product, pro-
vided such services are required to safeguard the mannufac~turer's re-
sponsibility for the performance of such product.
SECTION 2. The words sprinkler piping as used in this Article
shall be construed as not Including the installation oJf automatic
sprinkler equipment for fire protection purposes, as such installations
are under the jurisdiction of the A~utomnatic Sprinkler Code.
SECTIOrN 3. H~om~e-owners and householders, including farmers,
shall not be deemell~d to be included within the definition contained in
Section 1 in their performance individually or by their permanent
servants or other help of like character on. their home premises of
any services descr~ibedt in such definition; nor shall any such person,
or any building owner or tenant, per~form~ingr suchn ser\ice~s by his
permanent employees and not for hire on or in buildings or structures
owned or occupied by him, be deemed to be included in such
T'he sterns "' permanent employees anld "' permanent servantaj as
used in this section mean and include any employee or servant wnho
is given regular and continuous employment for a period of not less
than six (6) months.
SEC.TION 4. The term "" combination bid is herein defined as any
bid including any work within this division, together with work not
within this dlivision.
SECTION 5. The term "As~sociation as used herein shall mean the
Heating, Piping amiid Air Conditioning Contractors National Asso-
rSECTIOIN 6. The term journeyman steamfitter is herein defined
to mean any employee qualified by exram~ination who has served at
least five years as a learner in the steamfitting trade (either as an
apprentice or helper).
SECTION 7. The term "L apprentice is herein defined as a learner
of the steamfittingr trade who is undergoing a definite course of tra~in-
ing, which when completed wil make himn a journeyman steamnfitter.g
ARTICLE II-Ho[0Rms, WAGl~BES AND CONDITIONs or EMPLOYMENT
SECTION 1. (a) In the Northern Zone, no journeyman siteamfitter
shall be paid less than $1.20 per hour; in the Central Zone, no Jour-
neymnan ste~amfitter shall be paid less than $1.10 per hour; in the
Southern Zone, no journeymanm steamnfit~ter shall be paid less than
$1.00 per houlr and in all zones, no apprentice shall be paid less than
$12.00, per week.
(b) The Northern Zone shall consist of : Maine, New H~ampshire,
Vermont, Mlassachusetts, Rhode Island, Connecticut, New Yorkr,
New Jersey, Indiana, WPisconsin, Mllinnesota, NEebraskal Wyoming,
Oregon, South. Dakzota, Idaho, Pennsylvania, Ohio, M~ichigan, Illh-
nois, Iowab, North Dakrota, M~ontant andrr Wansh~ington.
(c) The Southern Zone shall consist of : South Carolina, Geor-
gia, Florida, Arkainsas, Alabama, M~ississippi, Louisianra, A5rizona,
Oklahoma, Texas and New Mexico.
(d) The Central Zone shall consist of : Delaware, Milaryland, Vir-
gimia, Tennessee, Colorado, Utah, California, North Carolina, West
Virginia, K~entucky, Mlissouiri, K~ansas, Nevada andi District of
SECTION 2. WCGatchmen shall not be permitted to work more thzan
fifty-six (50) hours per week.
SECTION 3. Employees engaged in professional, executive, or super-
visory wiCork are exemnpt frorm the~ prov;isins relating to hours and
wages of Chap~ter I andl of this Clhapter only when receiving over
thir~ty-five dollars ($35.00) per week.
SECTION 4. NO employee shall be paid at a lower rate of wages
th-anr provided in Chapter I of this Code.
SECTION 5. (a) All wages due shall be payable weekly in lawful
currency or by negotiable check. These wages shall be exempt from
any payment for pensions, insurance or sick benefits other than those
voluntarily paid by employees. Employers or their agents shall not
accept, directly or indirectly~, rebates on such wages or give anything
of value nor extend any fvors to any person for the purpose o
influencing rates of wages or working conditions of their employees.
The, provisions of this section regarding payment. of wages at the
end of each weekly period shall not apply to persons employed in a
managerial or executive capacity who earn not less than thirty-five
dollars ($35.00) per wreek, nor to persons employed in clerical or
office work, who shall be paid at the end of pay periods not to exceed
mnh(b) Ev\ery employer shall mak~e reasonable provisions for thepros
safety and health of his employees at the place and during the hours
of their employment. Standards for safety and health shall be sub-
mnitted by the Divisional Code Authorityv to the Administrator as
soon as practicable aft.er the effective date of this Code.
SECTION 6. NO mrembler of this Division shall directly or indirectly
sublet (whether by the practice known as '' lumping of labor or
otherwise) to anly employee, other journeyman, helper or laborer,
solely the! labor services within the scope of this Chapter.
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 1. (a) A Divisional Code Authority is hereby constituted
to administer this Code within this Division. The Divisional Code
Authority shall consist. of eleven (11) individuals, or such other
number as may be approved from time to time by the Administrator.
(b) Seven (7) members of the Divisional Code Authority shall
be members or represrentativecs of the Association, appointed by its
Boa rd of! Directors. The four (4) remaining members shall be ini-
tially selected on a fair basis from non-members of the Association
w~ithlin thlis D~ivision by the B~oard of Directors, subject to review
by the Admninistrator, the said non-members to serve until their suc-
cesso~rs shall have been selected (by a method of selection satisfactory
to and aipproved by the Administrator), by t.he members of this
D~ivisionl who are not members of the Association.
a See paragrlaph 2 (1) of order approving tbla Code.
(c) After said Divisional Code Authority has been duly estab-
lished, the members thereof may, in manner and form required by
law, incorporate in the State where the interests of said body are
best served, provided, however, that said corporation is not organized
SECTIONr 2. ROW14tD of A0/8 Of (o~dd Azteort/Lfies.-Ilf the Adminis-
trator shall determine that ainy action of the Divisional Code Author-
ity or any agency there~of may be unfair or unjust or contrary to the
public interest, thne Admninistrator may, to the extent ofc'his power
under the Act, 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 Administrator
approves or unless he shall fail to disapprove after thirty days' notice
to him of intention to proceed with such action in its original or
SECTION 3. It being found necessary, in order to support the admnin-
istration of this Chapter and to maintain the standards of fair com-
p~e~tition established by this code and to effectuate the policies of
theAt, the Divisional Code Authority is a-uthorized, subject to the
approval of the Administrator:
()to incur such reasonable obligations as are necessary and
proper for the foregomng purposes and to meet such obligations out
of funds which may be raised as hereina after provided anrd which shall
Ibe held in trust for the purposes of this Chapter.
(b) to submit to the A~dmrinistrator for his approval within thirty
dayrs after the effective date of this Divisiona~l Chapter, subject to
such notice and opportunity to be heard as he may deem necessary,
.(1) an itemized budget of the estimated expenses for the foregoing
purposes and (2) an equitable basis upon which the funds necessary
to support such budget shall be contributed by members of this
(c) after such budget and basis of contribution have been approved
by the Admnlin istrator, to determine and secure equitable contributions
as above set forth by all such members of this division, and to that
enid, if necessary, to instigate legal proceedings thereunder in its own
name, provided, howpevert that a member of this division shall be
deem~edl in violation of this code only if he fails to pay such assess-
ment after thirty days of the receipt of the notice of assessment.
SECTION 4. Only members of the division complying with this code
and contributing to the expenses of the administration of this Chap-
ter as provided in Section 3 of this A-rticle shall be entitled to partici-
nat~e in the selection of the members of the Divisional Code Auth~or-
t or to receive the benefits of its voluntary activities or to make use
o~any emblem or insignia of the Naijtional Rcovery Adlminist~ration.
After the requirements of the Admlinistrantor have been complied
with, nlon-paymneent by a member of this division of an equitable
share of the costs of code administration to the Divisional Code
Authority or to its properly authorized agency, constitutes a viola-
tion of this code.
AnuIcLs IV-Fu TRAI IiDE PRACTICE REGULATIONSB
The following provisions are adopted as rules of Fair Trade
Practice for members of this division, and any violation of said rules
shall constitution an unfair method of comupettiion and a violation of
(a) No member of this Division shall induce or attempt to induce
the brealch of a contract between a; competitor and his customer,
provided that nothing in this rule shall be taken to prevent a mem-
ber of this Division who has quoted upon t.he plans and:'or speci-
fications inv-olved from calling to the attenltionn of the purchaser, with
the approval of the Divisional Ctode Authority~, even though contract
has been made, that the plans and.. or specifications upon which the
contract has been awarded or the work as being installed do or does
not conformi in quantity or quality to t~he plans and for specifications
on wsh~ich thne interested member of this divlision has quoted.
(b) No member of this Division shall advertise, name. mark or
bill materials, fixtures, apparatus, or installations as to quantity or
quality in a~ny manner which is intended to or does mislead or
(c) No member of this Division shall receive, pay or allow secret
rebates, refunds, credits or unearned discounts, whether in the form
of money or otherwise, or extend to certain gurchiasers confidential
prices, special service, or privileges not spect ~cally mentioned mn his
(d) No member of this Division shall agree to furnish or sell
labor materials, fixtures, apparatus or installations for any job at
less t an the estimated cost thereof. In connection w~ith this rule
estimated cost is defined as the sum of the estimated cost of labor
including liability and compensation insurance, and cost of material
including freight and cartage, filing fees and any other direct expense
applicable to the job and an amount for overhead. The amount for
overhead shall not be less than twelve and one-half percent (122/2%)
of the combined cost of labor including liability and compensation
insurance, and the cost of material including freight and cartage. It
shall be a defense to any charge of violation of this paragraph if the
partyy charged shall satisfy the Administrator that his bid was not
less than the estimated costs of any other member of the indust~ry.s
(e) No member of this Division sIhall substitulte any materials,
fixtures, apparatus or installations for the kind specified without
written approval of the engineer or architect if any, and the
pu rch aser.
()No member of this Division shall give, permi o be gfivnl
or directly offer to give, anyvthiner of value for thpuosofnf-
encing or rewarding the action of any employee, agent or representa-
tiv-e another relation to the business of t~he employer of such em-
ployee, the principal of suich agent or the represented party, without
t~he know~ledge of such employer, principal or party. Commercial
bribery provisions shall not 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 herein-
Bee paragraph 2 (8) of order applooving this Code.
(g) No member of this Division shall mazke or cause to be made
or publishled, anly statement wFhich is false or inaccurate in any
material particular, concerning the goods, prices, values, credit terms,
policies or services of a competitor.
(h) No memrlber of this Division shall accept or give securities,
bonds, mortgaages, stock, p~ronummsoy notes, or oth-er personal or real
property, as whole or part paymen~rt for wcork or material, at other
thlan its fair mar~~ket va~lue, to be dletermined in doubtful cases, by
indepcltendet and competent appr~aisal.
(i) Second hand mater~ial obsleIte or outmoded material shall be
offered and installed only- as such.
(j) No member of this Division shall furnish plans and/or speci-
fienltions for installation of workr coveredl by this Code, for uxse of
any owmner or owners or his or their Irer~esentativer for th~e purpose
of takzing competitive bids, except in accordance with the provisions
of the Cjonstruction Industry Code (in Chapter I or in an Engi-
neering Division Chapter) which takre jurisdiction over Engineermng.
(k~) No members of this Division when as an individual using the
tools of the trade shall work a greater number of hours or charge
for his services a lower hourly rate than provided for in Chapter I
or in this Chanpter.
(1) To protect the public against inadequate installations, mem-
bers of this Division shall install all work in accordance with the
applicable municipal or state law then existing and, where not con-
flicting therewith, in accordancee with the published Engineering
Standards of the Association, except where otherwise required by
definitely pre-pared plans and written specificationls furnished by the
owner or his authorized representative. When the welding process
is used the work: shall be done in acconlc ancie with the Welding Sta~nd-
ards and Spec-ificat ions of the Association. The standards of the
A-ssociation mentioned in this paragraph shall not be binding upcln
members of the industry until approved by the Administrator.
(m) No member of this Division shall place (for thle same ma-
terial for a specific job for which he has the contract) blanklet ord~ers
or future deli~veryT contracts with more than. onle concern when the
total so ordrled' is in excess of the material estimated to be required
for such jo~b. Future delivery orders or contracts for specific jobs
shall colntain suffiient information to identify definitely thne job for
which the orders are placed.
(n) No member of this Division shall be a party to the unfair
practice of ~bid peddling or bid shopping as definecd in Chapter
(o) In competitive bidding, the followICing rules shall apply:
(o-1_) NG member of this Division shall submit bids to anylone. not
bound by this Code unless he expressly agrees to comply with~ the
regulations governing an awarding authority provided in Article
V1II of Clhapter I hereof.
((o-2) In order to provide a check on the accuracy antd fa~irness
of estimates, any member of this Division biddcing on any job
amounting to two hundred and fifty dollars ($250~c.00C) or m~or~e shall
simultaneously with the submitting of bid or bids file copies of his
bid or bids and all revisions thereof with an impartial detpositorIy
designated by the Divisional Code Authority or its authorized repre--
sentHiRLvP the. Same tO be kept sealed and confidential until twenty-
four (24I) hours after thle bids are due or until after the letting of
th~e contract, following which the low or successful bid only may be
disclosed to the biddlers, exrcept thant a Committee of review may have
confidential necess to the files of bid depositories.
(o-3) In th~e case of combination bids, or revisions thereof, the
bidl for the work not included in this Division shall be separate and
distinct from any bid- for wsork within this Division, and, the com-
bination bid shall be the aggregate of said separate and distinct bids.
(or-4) Each bjid fled in accordance with paragr~aph ( 2) of this
Section shall be accomlpaniedc by a fee of one. dollar ($1.00). For the
purposes of thiis paragraph, identical (except for name and ad-
dress of recipient.) copies of the same bid given to different parties
for the Famne job shall be construed as one bid. The Divisional Code
Authorityg shall use funds so received to pay the expenses of oper-
at~ing bid~ deposit~or1ies. Account of the receipts and expenditures of
bid depositories shall be kept and the same shall be open to the
Admninistrator or his representatives for inspection.
(o-5)- Upon request of any bidder a committee shall be appointed
by the Divisional Code Authority or its authorized representative,
which committee shall be emnpowfered 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 the rules
of fair competition havre been violated, the violations shall be re-
ported to the Divisional Code Aut~horityv for such action as it deems
proper in accordance with this Code, including in appropriate cases
with thle approval of the Administrator, report to the Federai
District Attorney or the Federal Trade Commission.
Copies of Chapter I and this Chapter shall be kept continuously
posted' fRrom the time of effective date in a conspicuous place in
;the office or shop of each member of this Division.
Subject to the provisions of Article IV, B, Section 2 (c), of
Chapter I hereof, the provisions of this Chapter except as to pro-
visions required by t~he Act, may be modified on the basis of ex-
perience or changes in circumstances, such modifications 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.
AlnuIct V:II-REF'ERENCE TO PROVISIONS OF CHAPTER I
T'he~ provisions of Sections 7 (a) and 10 (b) of the Act, which
are set fort in Sections 1 and 6 respectively of Article VIII of
Chapter I of this Code, are specifically incorporated herein by ref-
erence w~ith the same force and effect as if set forth herein in full;
all other provisions of Chapter I of this Code, except as herein
providedl, apply within this Division with the same force and
effect as if set forth herein in full.
ARTICLE VPIII-FFECTIVE, DATE
This Code shall become effective in this D~ivision on the ~fifteenth
(15th) day after its approval by the Presidenlt.
Applroved! Codle No. 2$44--Supplement No. 16.
Registry~ No. 1130-03.
UNIVERSITY OF FLORIDA
3 1262 08855 7441