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NATIONAL RECOVERY ADMINISTRATION
CODE OF FAIR COMPETITION
WARM AIR FURNACE
AS APPROVED ON JUNE 27, 1934
GOVERNMENT PRINTING OFFICE
For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents
UNIV. OF FL LIB.
Approved Code No. 137-Amendment No. 2
Registry No. 1103-07
This publication is for sale by the Superintendent of Documents, Government
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Approved Code No. 137-Amendment No. 2
AMENDMENT TO CODE OF FAIR COMPETITION
WARM AIR FURNACE MANUFACTURING
As Approved on June 27, 1934
APPROVING AMENDMENT TO CODE OF FAIR COMPETITION FOR THE WARM
AIR FURNACE MANUFACTURING INDUSTRY
An application having been made pursuant to and in full compli-
ance with the provisions of Title I of the National Industrial Recov-
ery Act, approved June 16, 1933, for approval of amendments to a
Code of Fair Competition for the Warm Air Furnace Manufacturing
Industry, and hearings having been duly held thereon and the an-
nexed report on said amendments, containing findings with respect
thereto, having been made and directed 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 Exe-nutive 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 amendments and the Code as constituted
after being amended comply in all respects with the pertinent provi-
sions and will promote the policy and purposes of said title of said
Act, and do hereby order that said amendments be and they are
hereby approved, and that the previous approval of said Code is
hereby modified to include an approval of said Code in its entirety
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
BARTON W. MURRAY,
Acting Division Administrator.
June 27, 1934.
REPORT TO THE PRESIDENT
The. JTWhite House.
SIR: This is a report on amendments of the Code of Fair Com-
petition for the Warm Air Furnace Manufacturing Industry as
revised after a Public Hearing conducted in Washington, D.C., on
May 24, 1934, in accordance with the provisions of the National
Industrial Recovery Act.
Amendment No. 2 provides for the incorporation of the Code Au-
thority. Amendments No. 4 and No. 5 prevent customers from being
misled. Amendment No. 7 provides for collection of funds by the
Code Authority for administration purposes.
The Deputy Administrator in his final report to me on said amend-
ments to said Code having found as herein set forth and on the
basis of all the proceedings in this matter:
I find that:
(a) The amendments to said Code and the Code as amended are
well designed to promote the policies and purposes of Title I of
the National Industrial Recovery Act including the removal of ob-
structions to the free flow of interstate and foreign commerce which
tend to diminish the amount thereof, and will provide for the gen-
eral welfare by promoting the organization of industry for the
purpose of cooperative action of labor and management under ade-
quate governmental sanction and supervision, by eliminating unfair
competitive practices, by promoting the fullest possible utilization
of the present productive capacity of industries, by avoiding undue
restriction of production (except. as may be temporarily required),
by increasing the consumption of industrial and agricultural prod-
ucts through increasing purchasing power, by reducing and relieving
unemployment, by improving standards of labor, and by otherwise
(b) The Code as amended complies in all respects with the per-
tinent provisions of said Title of said Act, including without limi-
tation sub-section (a) of Section 3. sub-section (a) of Section 7 and
sub-section (b) of Section 10 thereof.
(c) The Code empowers the Code Authority to present the afore-
said amendments on behalf of the industry as a whole.
(d) The amendments and the Code as amended are not designed
to and will not permit monopolies or monopolistic practices.
(e) The amendments and the Code as amended 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
For these reasons, therefore, I have approved these amendments
to the Code of Fair Competition for the Warm Air Furnace Manu-
HUGH S. JOINSON,
JUNE 27, 1934.
AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE WARM AIR FURNACE MANUFACTURING
AMENDMENT No. 2
Amend Article IV. Section 1, by adding the paragraph, The
Code Authority of the Warm Air Furnace Manufacturing Industry
may incorporate under the laws of any state of the United States or
of the District of Columbia, or may assume or adopt such existing
corporate form under any of such laws as it may deem appropriate
for the proper performance of its activities, powers and duties here-
under, such corporation or corporate form to be not for profit and
to be known as "Code Authority of the Warm Air Furnace Manu-
facturing Industry, Incorporated "; provided that the powers,
duties, objects and purposes of the said corporation shall, to the
satisfaction of the Administrator, be limited to the powers, duties,
objects and purposes of the Code Authority of the Warm Air
Furnace Manufacturing Industry as provided in this Code; pro-
vided, further, that the existence of the said corporation shall be
during the term of the Code; and provided, further, that the certifi-
cate of incorporation and by-laws and amendments to either shall be
subject to the approval of the Administrator.
If at any time, the Administrator shall determine that the corpo-
rate status assumed by the Code Authority is interfering with the
proper exercise of its powers and duties under this Code, or with the
effectuation of the policies or purposes of the Act, he may, after such
notice and hearing as he may deem necessary, require an appropriate
modification of the structure of the Corporation (if consistent with
the law of the State of Incorporation), the substitution of the cor-
poration created under the laws of another State in the same manner
as the existing Code Authority, the substitution of a non-corporate
Code Authority truly representative of the Industry or such other
actions as he may deem expedient."
Amend Article III by adding after Section 1 (1) a new Section
number 1 (m) as follows:
"1 (m) Publishing firepot measurements which do not represent
the true inside diameter of the firepot at the top, unless the manu-
facturer chooses to publish a measurement taken at some other point,
in which event the exact point where such measurement was taken,
shall be designated. A tolerance of one percent shall be allowed in
the publication of any measurements pursuant to the foregoing."
Amend Article III by adding after Section 1 (m) as prescribed in
Amendment 4 a new Section number 1 (n) as follows:
"I (n) Publishing a rating in terms of square inches of warm
air leader pipe area for any furnace, unless such rating has been
computed according to the furnace rating formula contained in the
Standard Code published by the National Warm Air Heating and
Air Conditioning Association, except that a manufacturer may pub-
lish a different rating provided he specifically states in his literature
that such rating is not a Standard Code rating."
Amend Article V by striking out Section 2 (c) and inserting in
lieu thereof the following:
SECTION 2 (c) It being found necessary in order to support the
administration of this code and to maintain the standards of fair
competition established hereunder and to effectuate the policy of the
Act, the Code Authority is authorized:
(1) 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;
(2) 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 necessary
to support such budget shall be contributed by members of the
(3) After such budget and basis of contribution have been ap-
proved by the Administrator, to determine and obtain equitable con-
tribution as above set forth by all members-, of the industry; and to
that end, if necessary, to institute legal proceedings therefore in its
Each member of the industry shall pay his or its equitable con-
tribution to the expenses of the maintenance of the Code Authority,
determined as hereinabove provided, andl subject to rules and regula-
tions pertaining thereto issued by the Administrator. Only members
of the industry complying with the ('ode and contributing to the ex-
penses of its administration as hereinabove provided, shall be entitled
to participate in the selection of members of the Code Authority or
to receive the benefits of any of its voluntary activities or to make
use of any emblem or insignia of the National Recovery Administra-
The Code Authority shall neither incur nor pay any obligation in
excess of the amount thereof as estimated in its approved budget.,
except upon approval of the Administrator first obtained; and no
subsequent budget shall contain any deficiency item for expenditures
in excess of prior budget estimates except those which the Adminis-
trator shall have so approved."
Approved Code No. 137-Amendment Nu. 2.
Registry No. 1103-07.
UNIVERSITY OF FLORIDA
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