Citation
Amendment to code of fair competition for the warm air furnace manufacturing industry as approved on June 27, 1934

Material Information

Title:
Amendment to code of fair competition for the warm air furnace manufacturing industry as approved on June 27, 1934
Portion of title:
Warm air furnace manufacturing industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C
Publisher:
United States Government Printing Office
Publication Date:
Language:
English
Physical Description:
5 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Furnaces ( lcsh )
Genre:
Federal Government Publication ( MARCTGM )

Notes

General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1103-07."
General Note:
"Approved Code No. 137--Amendment No. 2."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
63655135 ( OCLC )
ocm63655135

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NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO

CODE OF FAIR COMPETITION
FOR THE

WARM AIR FURNACE

MANUFACTURING INDUSTRY


AS APPROVED ON JUNE 27, 1934


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1934


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


UNIV. OF FL LIB.
OQCUENTS DEPT.



U.S. DEPO19TOWY


Approved Code No. 137-Amendment No. 2


Registry No. 1103-07
























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D.C., and by district offices of the Bureau of Foreign
and Domestic Commerce.
DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE
Atlanta, Ga.: 504 Post Office Building.
Birmingham, Ala.: 257 Federal Building.
Boston, Mass.: 1801 Customhouse.
Buffalo, N.Y.: Chamber of Commerce Building.
Charleston, S.C.: Chamber of Commerce Building.
Chicago, Ill.: Suite 1706, 201 North Wells Street.
Cleveland, Ohio: Chamber of Commerce.
Dallas, Tex.: Chamber of Commerce Building.
Detroit, Mich.: 801 First National Bank Building.
Houston, Tex.: Chamber of Commerce Building.
Indianapolis, Ind.: Chamber of Commerce Building.
Jacksonville, Fla.: Chamber of Commerce Building.
Kansas City, Mo.: 1028 Baltimore Avenue.
Los Angeles, Calif.: 1163 South Broadway.
Louisville, Ky.: 408 Federal Building.
Memphis, Tenn.: 229 Federal Building.
Minneapolis, Minn.: 213 Federal Building.
New Orleans, La.: Room 225-A, Customhouse.
New York, N.Y.: 734 Customhouse.
Norfolk, Va.: 406 East Plume Street.
Philadelphia, Pa.: 422 Commercial Trust Building.
Pittsburgh, Pa.: Chamber of Commerce Building.
Portland, Oreg.: 215 New Post Office Building.
St. Louis, Mo.: 506 Olive Street.
San Francisco, Calif.: 310 Customhouse.
Seattle, Wash.: 809 Federal Office Building.













Approved Code No. 137-Amendment No. 2


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

WARM AIR FURNACE MANUFACTURING
INDUSTRY

As Approved on June 27, 1934


ORDER

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
as amended.
HUGH S. JOHNSON,
Administrator for Industrial Recovery.
Approval recommended:
BARTON W. MURRAY,
Acting Division Administrator.
WASHINGTON, D.C.,
June 27, 1934.
705170-657-167-34 (1)













REPORT TO THE PRESIDENT


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
rehabilitating industry.
(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
amendments.







3

For these reasons, therefore, I have approved these amendments
to the Code of Fair Competition for the Warm Air Furnace Manu-
facturing Industry.
Respectfully,
HUGH S. JOINSON,
Administrator.
JUNE 27, 1934.













AMENDMENT TO CODE OF FAIR COMPETITION FOR
THE WARM AIR FURNACE MANUFACTURING
INDUSTRY ,
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."
AMENDMENT 4

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."








AMENDMENT 5
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."

AMENDMENT 7
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
industry;
(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
own name.
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-
tion.
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
Hilllill l l ll lIllllHill l1l1 H ll l
3 1262 08850 3064





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PAGE 1

Approved Code No. 137-Amendment No.2 Registry No. 1103-07 NATIONAL RECOVERY ADMINISTRATION AMENDMENT TO CODE OF FAIR COMPETITION FOR THE WARM AIR FURNACE MANUFACTURING INDUSTRY AS APPROVED ON JUNE 27, 1934 WE DO OUR PART ua_v _ 5 UNITED STATES GOVERNMENT PRINTIN G OFFICE WASHINGTON: 1934 For sale hy the Superintendent of Documents , Washington, D.C. ---• • -Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, WaEhington, D.O., and by district offices of the Bureau of Foreign and Domestic Commerce. DISTRICT OFFICES OF THE DEP AP.TMENT OF COMMERCE Atlanta, Ga. : 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, l\Iass. : 1801 Customhouse. Buffalo, N.Y.: Ohambei;of Commerce Building. Charleston, S.C . : Chamber of Commerce Building. Chicago, Ill.: Suite 1706, 201 North Wells Street. Cleveland, Ohio: Chamber of Commerce. Dallas, Tex. : Chamber of Commerce Building. Detroit, Mich.: 801 First National Bank Building. Houston, Tex. : Chamber of Commerce Building. Indianapolis, Ind.: Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. Kansas City, l\Io.: 1028 Baltimore A venue. Los Angeles, Calif.: 1163 South Broadway. Loui yille, Ky.: 408 Federal Building. l\IempLis, Tenn.: 229 Federal Building. l\linneapolis, l\1inn. : 213 Federal Building. New Orleans, La.: Room 225-A, Customhouse. New York, N.Y.: 734 Customhouse. Norfolk, Va.: 406 East Plume Street. Philadelphia, Pa.: 422 Commercial Trust Building. Pittsburgh, Pa.: Chamber of Commerce Building. Portland, Oreg.: 215 New Post Office Building. St. Louis, Mo.: 506 Olive Street. San Francisco, Calif. : 310 Customhouse. Seattle, Wash.: 809 Federal Office Building.

PAGE 3

Approved Code No. 137-Arnendrnent No. 2 AMENDMENT TO CO D E OF F AIR COMPE'riTION FOR THE WA RM AIR FURNACE MAN U FACTURI NG I N DUSTRY As Approved on June 27, 1934 ORDER APPROVING AMENDMENT TO ConE OF F AIR 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 Recovery Act, approved June 16, 1933, for approval of amendments to n. Code of Fair Competition for the 'Varm Air Furnace Manufacturing Industry, and hearings having been duly held thereon and the an nexed report on said amendments, containing findings with resp eCt thereto, having b een made and directed to the President. NOW, THEREFORE, on behalf of the President of the Unite d State , I, Hugh S . Johnson, Administrator for Industrial Recovery, pursuant to authority vest e d in me by Exec utive Orders of the Pres i dent, including Executive Order No. 6543-A, dated December 30, 1933, and otherwise, do h ereby 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 titl e of said Act, and do h e reby 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 as amended . HUGH s. JOHNSON' Administrator I ndustrial Recovery. Approval recommended : BARTON W. MuRRAY, Acting Division Administrator. wASHINGTON, D.C., Jwne 2'1, 1934. 705 17----657-167----34 (1)

PAGE 4

REPORT TO THE P RESIDENT The PRESIDENT, T lw. White H ou.se. Srn: This is a report on amendments of the Code of Fair Com petition for the \Varm Air Furnace 11anufacturing Industry as revised after a Public Hearing conducted in Vi ashington, D.C., on May 24, 1934, in accordance with the provi ions of the National Industrial Recovery Act. Amen lment No. 2 provides for the incorporation of the Code Authority. Amendments No. 4 and No. 5 prevent customers from being 1ni led. No. 7 provi les for collection of funds by the Code Authority for administration purposes. The Deputy Administrator in hi final report to me on said amenct. m ents to said Code having found as herein set forth and on the ba i s of all the proceedings in this matter: I find that: (a) The amendments to said Code and the Code as amended are well de igned to promote the policies and l)Urpo es of Title I of the National Indu trial Reco ery Act including the removal of ob struction to the free flow of interstate and foreign commerce which tend to diminish the amount thereof, and will provide for the gen eral \\elfare by promoting the organization of industry for t h e purpose of cooperative action of labor and management under adequate governmental sanction and superYision, by eliminating unfair competiti Ye practices, by promoting the fulle t po s ib l e utilization of the present productive capacity of industries, by avoiding undue re triction of production (ex cept as may be tem .porarily required), by increasing the con umptio n of indu trial and agricultural products through inc r easing purchasing power, by reducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating indu try. (b) The Code as amended complies in all respects with th pertinent provisions of aid Title of said Act, including without limitation ubsection (a) of Section 3 , c:ub-section (a) of Section 7 and s ubection (b) of Section 10 thereof. (c) The Code empowers the Code Authority to present the afore aid amendments on behalf of the industry as a who le. ( c1) The amendments and the Code as amended arc not de..:igned to and will not permit monopolies or monopoli -tic practices. ( e ) The amendment and t.he Code a amended are not de ignecl to and will not eliminat or oppre s small enterprises and will not operate to discriminate against them. (f) Those engaged in other tep of the economic process have not been deprive d of the right to be heard prior to approval of said amendments. (2)

PAGE 5

3 For these reasons, therefm:e, I have approved these amendments to the Code o Fair Competition for the Warm Air Furnace Manufacturing Indu try. Respectfully, HuGH S. JoHNSON, A chninistrator. JUNE 27, 1934.

PAGE 6

AMENDMENT TO CODE OF FAIR COMPETITION FOR THE WARM AIR FURNACE MANUFACTURING INDUSTRY I 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 o-f 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 hereunder, such corporation or corporate form to be not for profit and t.o be known as "Code Authority of the \Varm Air Furnace Manufacturing Industry, Incorporated "; provided that the powers, duties, objects and purposes of the said corporation shall, to the satisfaction of the Admini trator, be limited to the powers, duties, objects and purposes of the Code Authority of the \ i Varm Air Furnace Manufacturing Industry as provided in this Code; provided, further, that the existence of the said corporation shall be during the term of the Code; and provided, further, that the certificate 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 corporate status assumed by the Code Authority is interfering with the proper exercise of it powers and duties under this Code, or with the effectuation of the policies or purposes of the Act, he may, after uch notice and hearing as he may deem necessary, require an appropriate modification of the tructure of the Corporation (if consistent with the law of the State of Incorporation), the substitution of the corporation 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 repre entative of the Industry or such other actions as he may deem expedient . " AMENDMENT 4 Alnend Article III by adding after Section 1 ( l) a new Section number 1 (m) as follows: "1 (m . ) Publishing firepot mea urements which do not repre ent the true inside diameter of the firepot at the top, unless the manufacturer 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 mea urements pursuant to the foregoing." (4)

PAGE 7

5 Al\:IENDl\IENT 5 Amend Article III by adding after Section 1 ( m) as prescribed in Amendment 4 a new Section number 1 ( n) as follows: " 1 (n) Publishing a rating in terms of square inches of warm air leader pipe area for any furnace, unless suc h rating been computed according to the furnace rating formula contained in the Standard Code published by the National vV arm Air H eating and Air Conditioning Association, except that a manufacturer may pub lish a different rating provided he pecifically states in his literature that such rating is not a Standard Code rating." AMENDMENT 7 Amend Article V by striking out Section 2 (c) and ins erting in lieu thereof the foll wing: " SECTION 2 . (c) It being found ne e ary in order to support the administration of this code and to maintain the standards of fair competition establi heel hereunder and to effectuate the policy of the Act, the Code Authority i s authorized: ( 1) To incur such rea on able ob ligations as are nece ssa 17 and proper for the foregoing purposes and to meet such obligations out of funds which may be rai as hereinafter provided and whi c h shall be held in trn t for the purpo. e .of the Code; (2) To submit to the Administrator for his approval, sub ject to s uch notice and opportunity to be heard a s h e may deem necc sary (1) an itemiz ed budge t of it estimated expen es for the foregoing purposes, and (2) an equitable ba"'i upon which the funds necessary to support such budget sha ll be c ontributed by members of the industry; (3) After such budget and ba i s of contribution have been ap proved by the Administrator, to d etermine and obtain equitable contribution as above <:::et forth by all memb e r of the industry; and to that end, if nece s ary, to in titute legal procee dings therefor in its own name. Eac h member of the industry hall pay his r it equitab l e con tribution to the expen es of the maintenance of the Code Authority, determine d a s hereinabove provided, anc1 nbj ect to rules and regula tions pertaining thereto i ued by the Administrator. Only members of the industry comply ino with the Code and contributing to the ex pen ses of its administration a hereinabove provided , shall b e entitled to participate in the electio n o f member of the Code Authority or to receiv e the benefit of any of its ,oluntary activitie s or to make use of any emblem or in...,ignia of the National Recovery Administration . The Code Authority shall n either incur nor pay any obligation in excess of the amount thereof as estimated in its approved budge t, except upon approval of the Administrator first obtained; and no subsequent budget h a ll contain any deficiency ite m f or expenditures in excess of prior budget estimates except those which the Administrator shall have so approved." Approved Code No. 137-Amendment No. 2. Registry No. 1103-07. 0

PAGE 8

UNIVERS ITY OF FLOR IDA llllllllllllllllllllllllllll l lllllllllllllllllllllllllll llllllll 3 1262 08850 3064