Supplementary code of fair competition for the insulation contractors industry (a division of the construction industry)...

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Title:
Supplementary code of fair competition for the insulation contractors industry (a division of the construction industry) as approved on June 7, 1934
Portion of title:
Insulation contractors 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:
Construction industry -- Law and legislation -- United States   ( lcsh )
Insulation (Heat)   ( lcsh )
Genre:
federal government publication   ( marcgt )
non-fiction   ( marcgt )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Approved Code No. 244--Supplement No. 12."
General Note:
"Registry No. 1616-133."

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
oclc - 650457885
ocn650457885
System ID:
AA00009944:00001


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NATIONAL RECOVERY ADMINISTRATION




SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE


INSULATION CONTRACTORS

INDUSTRY
(A Division of the Construction Industry)


AS APPROVED ON JUNE 7, 1934


WE DO OUR PART


UNIV. OF FL LIB.
DOCUMENTS DEPT.



U.S. DEPOSITORY
UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


For sale by the Superintendent of Documents, Washington, D.C. -


Approved Code No. 244-Supplement No. 12


Registry No. 1616-133


Price 5 cents























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
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Approved Code No. 244--Supplement No. 12


ERRATA SHEET

CODE OF FAIR COMPETITION
FOR THE

INSULATION CONTRACTORS INDUSTRY

As Approved on June 7, 1934


Page 11 Rule 13 Line 5 delete correct Qualities or quantities
furnished and substitute '-correct quantities or quanttities fur-
nished-".
8 001---1044-124----8


V. a. ewmnur Monma em, an


Registry No. 1616-1883











































Digitized by the Internet Archive
in 2011 with funding from
University of Florida, George A. Smathers Libraries with support from LYRASIS and the Sloan Foundation


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Approved Code No. 244-Supplement No. 12


SUPPLEMENTARY CODE OF FAIR COMPETITION
FOR THE

INSULATION CONTRACTORS INDUSTRY

As Approved on June 7, 1934


ORDER

CODE OF FAIR COMPETITION FOR THE INSULATION CONTRACTORS
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
Industry, approved January 31, 1934, for approval of Chapter
XIV of said Code, which Chapter XIV is applicable to the Insu-
lation Contractors 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
directed to the President:
NOW THEREFORE, on behalf of the President of the United
States, 4, 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 an-
nexed 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 XIV be and it is hereby approved and that the previous
approval of said Code of Fair Competition for the Construction
Industry is hereby modified to include an approval of said Code
in its entirety as supplemented by said Chapter XIV.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
GEO. L. BERRY,
Division Administrator.
WASHINGTON, D.C.,
June 7,1934.
65904 --657-53-34 (1












REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on Chapter XIV of the Code of Fair Com-
petition for the Construction Industry, which Chapter is a revision,
after a public hearing conducted in Washington on March 28, 1934,
of a Code of Fair Competition for Insulation Contractors.
This Chapter, applicable specifically to the Insulation Contractors'
Division of the Construction Industry, supplements the basic Code
of Fair Competition for the Construction Industry, described as
Chapter I of such Code, which was approved by you on January 31,
1934. The hearings were conducted in accordance with the provi-
sions of the National Recovery Act.

THE INDUSTRY

The Insulation Contractors are a component and important part
of the Construction Industry. Insulation is an important item in the
construction of industrial plants and all types of buildings, in the
insulation of pipes, boilers, tanks, ducts and other surfaces.

PROVISIONS FOR HouRS 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. The same provisions, with certain additions beneficial to em-
ployees, are applicable, under this Chapter, to the Insulation Con-
tractors' Division.
ECONOMIC EFFECT OF THE CODE

The volume of work performed ranged from $34,796,000 in 1929 to
$13,026,000 in 1933. The number of employees ranged from 7,573
in 1929 to 3,175 in 1933. It is safe to say, that with the prohibition
of unfair trade practices, and with the establishment of nmininmu
rates of pay and maximum hours of work that more wholesome
conditions will take form in this industry, and that employers, em-
ployees and a part of the public will be benefited.
When the volume of work approaches normal the decrease in
working hours and the establishment of a minimum rate of pay will
increase the purchasing power of employees.
FINDINGS

The Deputy Administrator in his final report to me on Chapter
XIV of the Code of Fair Competition for the Construction Industry,







as modified by the addition thereto of said Chapter XIV, having
found as herein set forth and on the basis of all the proceedings in
this matter:
I find that:
(a) Said Chapter XIV and said Code of Fair Competition for
the Construction Industry, as modified by the addition thereto of
said Chapter XIV, are well designed to promote the policies and
purposes of Title I of the National Industrial Recovery Act, includ-
ing removal of obstructions to the free flow of interstate and foreign
commerce which tend to diminish the amount thereof and will pro-
vide for the general welfare by promoting the organization of indus-
try 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
avoiding undue restriction of production (except as may be tempo-
rarily required), by increasing the consumption of industrial and
agricultural products through increasing purchasing power, by
reducing and relieving unemployment, by improving standards of
labor, and by otherwise rehabilitating industry.
(b) Said industry normally employs not more than 50,000 em-
ployees, and is not classified by me as a major industry.
(c) Said Chapter XIV and the Code of Fair Competition for
the Construction Industry as modified by the addition thereto of
said Chapter XIV, 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
association is an industrial association truly representative of the
aforesaid industry; and that said association imposes no inequitable
restrictions on admission to membership therein.
(d) Said Chapter XIV and the Code of Fair Competition for
the Construction Industry as modified by the addition thereto of
said Chapter XIV, are not designed to and will not permit monopo-
lies or monopolistic practices.
(e) Said Chapter XIV and the Code of Fair Competition for
the Construction Industry as modified by the addition thereto of
said Chapter XIV, 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 XIV and of said Code as modified by the addition thereto
of this Chapter XIV thereof.
For these reasons, therefore, I have approved said Chapter XIV
and said Code, as modified by the addition thereto of said Chapter
XIV thereof.
Respectfully,
HUGH S. JOHNSON,
Administrator.
JUNE 7, 1934.












CHAPTER XIV


INSULATION CONTRACTORS DIVISION OF THE
CONSTRUCTION INDUSTRY

ARTICLE I-DEFINITIONS

SECTION 1. The term "Insulation Contractors' Division or this
Division ", as used herein, shall mean the contracting for hire for
the furnishing and/or for the application of heat and/or cold
insulation to the surface of pipes, boilers, smoke breechings, tanks,
vessels, ducts, whenever such work is performed pursuant to a sepa-
rate, direct or subcontract for such work; and to other surfaces
where it is required to prevent or reduce the transfer of heat, except-
ing where such work on such other surfaces is by established custom
performed as a part of the work of another division of the industry.
SECTION 2. The term "Association as used herein means Asbestos
Contractors' National Association.
SECTION 3. The term "this Chapter" as used herein means and
includes any related industry which hereafter subject to the approval
of the President may be included hereunder as a subdivision or
otherwise.
ARTICLE II-REFERENCE TO PROVISIONS OF CHAPTER I AND TO
MANDATORY PROVISIONS OF THE ACT

SECTION 1. Reference to Provisions of Chapter I.-Provisions of
Chapter I of this Code, including any amendments thereto, or modi-
fications thereof, except as herein specifically provided, are spe-
cifically incorporated herein with the same force and effect as if
set forth herein in full.
SECTION 2. Labor Provisions of the Act.-Employees shall have
the right to organize and bargain collectively through representa-
tives of their own choosing, and shall be free from the interference,
restraint, or coercion of employers of labor, or their agents, in the
designation of such representatives or in self-organization or in
other concerted activities for the purpose of collective bargaining
or other mutual aid or protection; no employee and no one seeking
employment shall be required as a condition of employment to join
any company union or to refrain from joining, organizing or assist-
ing a labor organization of his own choosing; employers shall com-
ply with the maximum hours of labor, minimum rates of pay, and
other conditions of employment, approved or prescribed by the
President.
SECTION 3. Presidential Powuers.-This Code, and all the pro-
visions thereof, are expressly made subject to the right of the
President, in accordance with the provisions of subsection (b) of







Section 10 of the Act, from time to time to cancel or modify any
order, approval, license, rule or regulation issued under Title I
of the Act and specifically, but without limitation to the right of
the President to cancel or modify his approval of this Code, or of
any additional Chapter thereof, or any conditions imposed by him
upon such approval.
ARTICLE III-ADMINISTRATION

A Divisional Code Authority is hereby constituted to administer
this Code within this Division.
SECTION 1. Administrative Agency.-The Divisional Code Author-
ity shall consist of nine (9) individuals or such other number as
may be approved from time to time by the Administrator, who are
eligible under Section 4 of this Article, to be selected as herein-
after set forth.
(a) Six (6) members of the Divisional Code Authority shall be
selected from members of the Association and elected to the Divi-
sional Code Authority by a majority vote of the Executive Com-
mittee of the Association to serve for a term of one (1) year. Two
(2) of such members shall be members of the Association who are
also members of and do business within the Code of Fair Competi-
tion for the Asbestos Industry.
(b) The three (3) remaining members, or such other member as
may be from time to time approved by the Administrator, of the
Divisional Code Authority shall be selected on a fair and representa-
tive basis from and to represent members of this Division who are
not members of the Association by a method of selection satisfactory
to, and approved by, the Administrator. Such members shall be
approved by the Administrator before taking office. In the event
of failure of such members of this Division to select such members
of the Divisional Code Authority within a time or in a manner
satisfactory to the Administrator they are to be appointed by the
Administrator. Each member of the Divisional Code Authority
representing members of this Division who are not members of the
Association shall serve for a term of one (1) year, or until he be-
comes a member of the Association or until his successor shall have
been appointed by the Administrator or elected by members of this
Division who are not members of the Association, (at an election,
the manner and method of conducting which are satisfactory to
and approved by the Administrator) whichever of said period shall
be the less. Each such member shall serve until his successor shall
take office.
(c) The successors, including the successor of any member whose
membership becomes vacant, o all members of the Divisional Code
Authority shall be selected in the same manner as their predeces-
sors except that the successors to the members selected under para-
graph (b) hereof may be elected by the members of this Division
who are not members of the Association at an election, the man-
ner and method of conducting which are satisfactory to and ap-
proved by the Administrator.
(d) Any member of the Divisional Code Authority may be re-
moved at any time by the appointing agency or the agency which







has power to select his successor subject to the approval of the
Administrator.
SECTION 2. Powers and Duties.-Subject to such rules and regula-
tions as may be issued by the Administrator, the Divisional Code
Authority shall have the powers and duties as are conferred by Sub-
division B of Article IV of Chapter I of this Code, and also shall
have the following powers and duties:
(a) To make recommendations to the Administrator for the co-
ordination of provisions of this Chapter, and of the administration
of this Code with such other Codes as may be related to this Divi-
sion or affect its members.
(b) To cooperate with the Administrator in regulating the use of
any N.R.A. insignia solely by those members of this Division who
have assented to, and are complying with, the provisions of this
Code as it applies within this Division.
(c) To appoint a Trade Practice Committee which shall meet
with the Trade Practice Committees appointed under such other
Codes or Chapters hereof as may be related to this Division for the
purpose of formulating fair trade practices to govern the relation-
ships between members of this Division and members of such other
Codes or Chapters to the end that such fair trade practices may be
proposed to the Administrator as amendments to this Chapter or
such other Codes or Chapters.
(d) To cause to be formulated an accounting system and methods
of cost finding and/or estimating, capable of use by all members of
the Industry, which shall be subject to the approval of the Admin-
istrator; after such system and methods have been formulated and
approved, full details concerning them shall be made available to
all members of this Division. Thereafter all members shall de-
termine and/or estimate costs in accordance with the principles of
such methods.
(e) To establish or approve when it deems advisable Survey Bu-
reaus for defined local districts, for the purpose of providing a cor-
rect estimate or tabulation of quantities of materials required on
projects in such districts. Any tabulations or estimate of quantities
provided by such a Survey Bureau must be itemized in a manner
established by trade practice in the particular district and must not
be priced. The Divisional Code Authority shall not establish or
approve any such Survey Bureau unless it is satisfied that such
Bureau is fully competent and equipped to furnish the estimate or
tabulation of quantities herein referred to, and until the approval
of the Administrator is obtained thereto. If the approval of the
Administrator is conditional, such Survey Bureau shall be estab-
lished or approved, subject to such condition or conditions as appear
in the Administrator's Order.
(f) To use the Association or other agencies as it deems proper
for the performing of any of its activities provided for herein, pro-
vided that nothing herein shall relieve the Divisional Code Authority
of its duties or responsibilities under this Code, and that the Associ-
ation and such agencies shall at all times be subject to and comply
with the provisions hereof.
SECTION 3. In order to support the administration 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 itimized 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 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 4. Each member of this Division shall pay his or its equi-
table contribution to the expenses of the maintenance of the Divisional
Code Authority, determined as herein above provided, and subject
to rules and regulations pertaining thereto issued by the Admin-
istrator. Only members of this Division complying with the Code
and contributing to the expenses of its administration as provided
in Section 3 of this Article, shall be entitled to participate in the
selection of the members of the Divisional Code Authority or to
receive the benefits of its activities or to use any emblem or insignia
of the National Recovery Administration.
SECTION 5. Members of the Construction Code Authority, includ-
ing the administration members thereof and the Administrator,
shall be given at least five (5) days' notice of, and may sit at, all
meetings of the Divisional Code Authority.
SECTION 6. The Divisional Code Authority or its authorized repre-
sentative or representatives may attend meetings of any admin-
istrative agency established for any subdivision.
ARTICLE IV-HouRS, WAGES AND GENERAL LABOR PROVISIONS
SECTION 1. The following are exempt from the provisions of Sub-
division B of Section 2 of Article III, Chapter I of this Code relat-
ing to maximum hours:
(a) Employees engaged in managerial, executive or supervisory
capacity receiving more than thirty-five dollars ($35.00) per week.
Employees engaged in a supervisory capacity are defined as those
persons who perform no manual labor.
(b) Watchmen, who may 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.
(c) Employees engaged in emergency work involving breakdowns
or protection of life or property, who shall be paid at a rate of at
least one and one-half (112) times the normal rate for all hours
worked in excess of the daily or weekly maximum.







SECTION 2. Members of this Division who personally perform
manual work or are engaged in mechanical operations shall not
exceed the maximum as to hours and days prescribed herein for the
work performed by them.
SECTION 3. No employee now employed at a wage rate in excess
of the minimum shall be discharged and reemployed at a lower rate
for the purpose of evading the provisions of this Code.
SECTION 4. A person whose earning capacity is limited because
of age or physical or mental handicap may be employed on light
work at a wage below the minimum established by this Code if the
employer obtains from the State Authority designated by the United
States Department of Labor a certificate authorizing his employment
at such wages and for such hours as shall be stated in the certificate.
Each employer shall file monthly with the Divisional Code Author-
ity, a list of all such persons employed by him, within this division,
showing the wages paid to, and the maximum hours of work for,
such employees.
SECTION 5. Each member of this Division shall provide for the
safety and health of his employees at the place and during the
hours of their employment. Standards for safety and health shall
be submitted by the Divisional Code Authority to the Administrator
within six (6) months after the effective date of this Chapter. After
approval by the Administrator, such standards shall become the
minimum standards of safety and health for all members of this
Division.
SECTION 6. All employers shall post and keep posted, copies of
Chapter I and this Chapter of this Code in conspicuous places ac-
cessible to all employees. Every member of the industry shall com-
ply with all rules and regulations relative to the posting of provi-
sions of codes of fair competition which may from time to time be
prescribed by the Administrator.
SECTION 7. All members of this Division shall make payment of
all wages due in lawful currency of the United States or by nego-
tiable check therefore, payable on demand at par. If wages are paid
by check, the employer shall provide reasonably accessible facilities
for cashing such checks at face value without expense to the em-
ployee. Employers shall also provide such identification as is neces-
sary to utilize such facilities.
Wages shall be payable at the end of each weekly period. Wages
shall be exempt from any payment for pensions, insurance or sick
benefits except such as are voluntarily paid or authorized to be de-
ducted by employees. Employers or their agents shall not accept
directly or indirectly, rebates on such wages or give anything of
value nor extend any favors to any person for the purpose of
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 executive, administrative and supervisory capacity who earn in
excess of thirty-five ($35.00) dollars per week, nor to persons em-
ployed in clerical or office work. The wages for persons employed
in clerical or office work shall be payable at least semi-monthly.







SECTION 8. No member of this Division shall directly or indirectly
sublet to any employee or employer solely 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 per-
son or persons subject to labor provisions less stringent than those
provided in this Chapter.
SECTION 9. No employee shall be dismissed by reason of making
a complaint or giving evidence with respect to an alleged violation
of this Code.

ARTICLE V-FAIR TRADE PRACTICE REGULATIONS

The provisions of this Article (in addition to the provisions of
Article VII of Chapter I of this Code) are adopted as rules of fair
trade practice, and any violation of said rules shall 'constitute an
unfair method of competition and a violation of this Code.
RULE 1. Inadequate Installation.-To protect the public against
inadequate installation, members of this Division shall, except where
otherwise required by definite plans and specifications furnished by
an owner or his authorized representative, install insulation work
in the manner prescribed by the Divisional Code Authority when
and if such prescriptions are made, provided same are approved by
the Administrator.
RULE 2. Inaccurate Advertisirg.-No member of this Division
shall publish advertising (whether printed, radio, display or of any
other nature), which is misleading or inaccurate in any material
particular, nor shall any member in any way misrepresent any goods
(including, but without limitation, its use, trademark, grade, qual-
ity, quantity, origin, size, substance, character, nature, finish, mate-
rial, content or preparation) or credit terms, values, policies, services,
or the nature or form of the business conducted.
RULE 3. Defamation.-No member of this Division shall defame
a competitor by falsely imputing to him dishonorable conduct, in-
ability to perform contracts, questionable credit standing, or by other
false representation, or by falsely disparaging the grade or quality
of his goods.
RULE 4. Secret Rebates.-No member of this Division shall se-
cretly offer or make any payment or allowance of a rebate, refund,
commission credit, unearned discount or excess allowance, whether
in the form of money or otherwise, nor shall a member of this Divi-
sion secretly offer or extend to any customer any special service or
privilege not extended to all customers of the same class, for the
purpose of influencing a sale.
RULE 5. Bribing Employees.-No member of this Division shall
give, permit to be given, or 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 repre-
sented party, without the knowledge of such employer, principal or
party. This provision shall not be construed to prohibit-free and
general distribution of articles commonly used for advertising ex-







cept so far as such articles are actually used for commercial bribery
as hereinabove defined.
RULE 6. Inducing Breach of Existing Contracts.-No member of
this Division shall wilfully induce or attempt to induce the breach
of existing contracts between competitors and their customers by
any false or deceptive means, or interfere with or obstruct the per-
formance of any such contractual duties or services by any such
means, with the purpose and effect of hampering, injuring or
embarrassing competitors in their business.
RULE 7. Terms of Payment.-Each member of this Division shall
clearly state in each proposal submitted the terms of payment under
which an order or a contract will be accepted.
RULE 8. Materials to be Used.-All proposals from members of this
Division shall be based on the use of new material throughout, unless
otherwise clearly stated in the proposal, or offered and installed as
other than new material.
RULE 9. Selling Below Estimated Cost.-No member of this Divi-
sion shall sell or offer to sell labor, materials, and/or services or sub-
mit a bid or accept an order therefore which is less than his individual
estimated cost thereof.
It shall be a defense to any charge of violation of this Rule if the
party charged shall satisfy the Administrator that his bid was not
less than the reasonable estimate of said costs of any other member
of the industry.
RULE 10. Temporary Methods for Determining Estimated Cost.-
Until such time as the accounting system and methods of cost finding
and/or estimating referred to in Article III, Section 2, Paragraph
(d) of this Chapter have been formulated by the Divisional Code
Authority and approved by the Administrator, estimated costs as
referred to in the preceding rule shall be the sum of such of the
following items as are properly represented in any such sale, bid
or order:
(a) All material to be used in the contract,
b) Labor and supervision at the site,
c) Compensation and liability insurance,
d) Workmen's traveling expenses,
e) Board for workmen,
) Freight and cartage,
g) Cost of material and labor for scaffolding, less the salvage
value of the material so used,
(h) Equipment repair and rentals applicable to the individual
contract,
(i) Any other direct expense applicable to or caused by the execu-
tion of the individual contract,
(j) Allowance of not less than 15% of the sum of items (a) to (i)
hereof for overhead.
For the purpose of this temporary method for determining esti-
mated costs nothing shall be included for depreciation on unused
facilities, interest on indebtedness, interest on investment or selling
expense, other than included in item (j).
RULE 11. Awarding Authorities.-To the extent and in the manner
prescribed by the Divisional Code Authority, 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 awarding authority as
therein defined unless such owner or other person agrees to comply
with the regulations defined in this Code governing awarding
authorities.
RULE 12. Reference to Section 9, Article VII of Chapter I.-
Nothing in this Article shall nullify or affect the application of Sec-
tion 9, Article VII of Chapter I of this Code to this Division.
RULE 13. Estimates.-In the case of a project that has been
serviced by an approved Survey Bureau, it shall be a violation of
this Code to use quantities which when similarly priced would result
in a bid price more than two percent (2%) lower than the price based,
on the use of the correct qualities or quantities furnished by the
approved Survey Bureau, whichever is lower.
RULE 14. Combination Bids.-In the case of combination bids or
registration thereof, the bids for work not in this Division shall be
separate and distinct from any bid for work within this Division
and the combination bid shall be the aggregate of said separate
and distinct bid.
ARTICLE VI-FILING OF BIDS

SECTION 1. (a) In order to provide a check on the accuracy and
fairness of estimates, any member of this Division bidding on any
job amounting to one hundred dollars ($100.00) or more, shall file
copies of his bid or bids and all revisions thereof, together with a
complete tabulation of quantities of materials itemized in a manner
established by trade practices, with such depository as may be desig-
nated by the Divisional Code Authority, or its authorized repre-
sentative; the same to be kept sealed and confidential until after
the bids are received and opened, following which, the copies of bids
submitted to the successful awarding authority may be opened by the
Divisional Code Authority or its authorized representative, and the
bid and list of quantities of the lowest bidder disclosed to all bidders,
and available on request to the Administrator.
(b) Each bid, filed in accordance with paragraph (a) of this
Section, shall be accompanied by a fee not exceeding one dollar
($1.00). In no case shall this fee be more than one dollar ($1.00)
when identical bids are submitted to more than one awarding author-
ity. The Divisional Code Authority shall use funds so received to
pay the expenses of depositing such bids and shall keep account of
the receipts and expenditures, the same to be open to the Adminis-
trator or his representatives, for inspection.
(c) Upon the complaint of any bidder the Divisional Code Author-
ity or any local administrative conunittee appointed by it shall
select a Committee of Review, composed of not more than three
qualified persons who were not bidders on the particular job to be
reviewed, one of whom, if possible, shall not be a member of the
Association. This Committee shall be directed to make such in-
vestigation of the bid as will enable it to determine whether this
Code of Fair Competition has been violated in the bidding on the
job in question. In the event the Committee of Review shall find
that any such violation has occurred, their findings on the violation,
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 it may deem proper,
including in appropriate cases, with the approval of the Adminis-
trator, report to the Federal District Attorney or the Federal Trade
Commission.
ARTICLE VII-REGISTRATION OF MEMBERS 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 Insulation Contracting Division thereafter shall likewise regis-
ter 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 VIII-MODIFICATION

Subject to the provisions of sub-paragraph (c) of Section 2 of
Subdivision B of Article IV of Chapter I of this Code, the provi-
sions of this Chapter, except as to provisions required by the Act,
may be modified on the basis of experience or changes in circum-
stances, 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.

ARTICLE IX-REVIEW OF ACTS OF DIVISIONAL CODE AUTHORITY

If the Administrator shall determine that any action of the
Divisional Code Authority or any agency thereof may be unfair
or unjust or contrary to the public interest, the Administrator 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 Adminstrator 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 modified
form.
ARTICLE X-EFFECTIVE DATE

This Code shall become effective in this Division on the tenth
(10th) day after the approval of this Code by the President.
Approved Code No. 244-Supplement No. 12.
Registry No. 1616-133.







UNIVERSITY OF FLORIDA


3 1262 08584 7498




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