Registry No. 1118-01 

NATIONAL RE OVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

AUTOMATIC SPRINKLER 

INDUSTRY 

AS APPROVED ON OCTOBER 9, 1933 

BY 

PRESIDENT ROOSEVELT 

WE DO OUR PART 

1. Executive Order 

2. Letter of Transmittal 

3. Text of Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1933 

I I 

For sale by the Superintendent of Documents, Waahinrton, D.C. - - - - - - - - Price G cent. 

v 
This publication is for ale by the Superintendent of Documents, Government 

Printing Office, Washington, D.C., and by district offices of the Bureau of 

Foreign and Dome tic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: G04 Post Office Building. 

Birminglwm, 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. 

Clevehmd, Ohio: Chamber of Commerce. 

Dallas. Tex. : Chamber of Commerce Building. 

Detroit, Mich.: 2~J3 First National Bank Building. 

Houston, Tex.: Chamber of Commerce Building. 

Indiannpolis, Ind. : Chamber of Commerce Building. Jacksonville, Fla.: Chamber of Commerce Building. 

Kansas City, Mo.: 1028 Baltimore Avenue. 

Los Ang . Calif.: 1163 South Broadway. 

LcuisYille, Ky.: Room 405·, 421 We t Market Street. 1\I emphi~, Tenn.: 266 South Water Street. 

Minneapoli , 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.: Room 812, 20 South Fifteenth Street. 

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. : 1406 Vance Building. 

(II) 
EXE l TIYE RDER 

l DE <W }:1 .\IR O~lPETITIO~ FOR THE TO::UATI PRIXKLER lND TRY 

n ar pli ·ati n haYino· been duly made pur uant to and in full 

'Ompliance with the pro i ion of title I of the National Indu trial 

R . v r. t apr roY d June 16, 1933 for my approval of a ode 

of Fair mp tition for the Automatic prinkler Inclu try and 

h arin<Y. having been held thereon and the Administrator having 

l'end r d hi report ontaining an analy i of the said Code of Fair 

ompetition togeth r with hi· recommendation and findings with 

re pe t ther to and the Administrator having found that the said 

ode of Fair ompetition complies in all re pects with the pertinent 

provision of title I of aid act and that the requirements of clau es 

(1) anl (2) of vub e tion (a) of ection 3 of the said act have been 

m t: 

NO"\Y, THEREFORE, I , Franklin D. Roosevelt, President of the 

nited tate , pur uant to the authority vested in me by title I of 

the National I ndu trial Recovery Act, approved June 16, 1933, and 

otherwi e, do approve the report and recommendations and adopt 

the finding of the Administrator and do order that the aid ode 

of Fair Comp tition be and it is hereby approved. 

THE \V. HITE H ou E, 

October 9, 1933. 

Approval recommended: 

H GH . Jonx ON, 

Administrator. 

F RANKLI N D. ROOSE\ ELT. 

lriODOo-1:.:3- 202-33 (III) 
OcTOBER 5, 1933. 

The PRESIDENT, 

The lV hite H O'use. 

MY DEAR MR. PRESIDENT: I have the honor to submit and recommend :for your approval the Code o:f Fair Competition :for the Automatic Sprinkler Industry. 

The :following exhibits are included or attached : 

(1) 

(2) 

(3) 

(4) 

m 

(8) 

Letter o:f Tran, mittal :from Administrator to President. 

Report of Deputy Admini trator. 

Indu trial Advisory Board Approval. 

Labor Advi ory Board Approval. 

Consumer ' Advisory Board Approval. 

Legal Division Approval. 

Research and Planning Approval. 

Re earch and Planning Report (Statistical). 

(9) Original Letter o:f Transmittal :from Industry. 

(10) Assent o:f Industry. 

(11) Notice of H ea ring. 

(12) Authorization o:f Code Committee to act. 

(13) List of Witnesses. 

(14) Constitution and By-Laws of Association. 

An analysis o:f the provisions o:f the code has been made by the 

Administration. I find that the code complies with the requirements of clan es 1 and 2, subsection (a) of Section 3 of the National 

Indu trial Recovery Act. 

I am, my dear Mr. President, 

Very sincerely yours, 

(IV) 

HUGH s. JOHNSON' 

Adhninistrator. 
' CODE OF FAIR COMPETITION AND TRADE PRACTICE FOR 

THE AUTOMATIC SPRINKLER INDUSTRY ' 

To ff tunt he policy of Title I of the National Indu trial Re-I 

Yer. A t the followin g provi ions are e tabli hed as a Code of 1 

Fair -omp tition for th Auton atic Sprinkler Indu try in tho 1 

Unit 1 tat . 1 

A .RTI LE I-DEFIXITIONS 

(a) Th term 'Automatic Sprinkler Industry " when used in this 

ode include but without limitation a per on, partnership or 1 orporation engaged in the business of the manufacture of automatic prinkler and devices and the fabrication and installation 

of automatic sprinkler equipments. ; 

(b) The term Con truction Labor " when used in this Code include labor performed by men in the installation of automatic 

sprinkler equipments. I 

(c) The term ' Manufacturing Labor" when used in this Codo 

includes labor performed in the shops of the employers in the man- 1 

ufacture and fabrication of autom.a.tic sprinkler devices an l equip- \ 

ment. 

ARTICLE II-PnonsroNs FnoM NATIONAL REcovERY AcT 

I 

The Automatic Sprinkler Industry will comply with the follow- 1 

ing specific provisions of the National Industrial Recovery Act: 

(a) That employees sh~ll have the right to organize and bargain ; 

collectively through representatives of their own choosing, and , shall be free from the interference, restraint, or coercion of employ- 1 

er of labor or their agents, in the designation of such representatives 

or in elf-organization or in other concerted activities for the purpo e of collective bargaining or other mutual aid or protection. 

(b) That no employee and no one seeking employment shall be 

required a a con lition of employment to j01n any company union 

or to r frain from joining organizing or assisting a labor organization of hi own choo ing r and 

(c) That mployer shall comply with the maximun1 hours of 

labor minimum rate of pay and ther condition of employment, 

appro\ ed or pre cribed by the Pre ident. 

(d) In any es in which the cost of performing contracts entere l 

into prior to the approval of this Code is increased becau e of the 

op ration of thi Code it i qui table and promotive of the purpo es 

f the J ational Indu trial Recovery Act and of this Code for 

adjn tment of u h ntract to be made which reflect uch incr a ·ed co t and the Ant matic prinkler Indu try Code uthority 

a provide l in Arti l IX of this Code, is hereby constituted as an 

agency to a · i. in effecting uch adju tments by arbitration or other 

coopera ive action. 

(1) 
2 

ARTICLE III-REGULATIONs OF H ouns oF WoRK 

(a) No con truction employee in the Automatic Sprinkler Indus- try hall be employed in excess of forty ( 40) hour per week. 

(b) No manufacturing employee in the Automatic Sprinkler Indu try shall be employed in exces,s of forty ( 40) hours per week, 

except watchmen who may work not to exceed fifty-six (56) hours 

per week. 

(c) No employee in the Automatic Sprinkler Industry, including 

accounting, clerical, office, service, and sales employees ( exceptinothe employees heretofore specified in this Article III, outside sale; 

men and the employee,s in managerial or executive capacity who 

receive more than thirty-five (35) dollars per week), shall be employed in excess of forty ( 40) hours per week. 

ARTICLE IV-MINil\IUM wAGE RATES 

(a) The minimum pay for construction labor, except common 

labor, shall be at the rate of forty-three and three quarters ( 43%,) 

cents per hour except in the States of Louisiana, Florida, Georgia, 

North Carolina, South Carolina, Alabama, Mississippi, Southern 

half of Arkansas Rnd Southern half of Virginia, where it shall be 

thirty-seven and one half (37:Y2 ) cents per hour. 

1. Common labor to be paid not less than eighty ( 80) percent of 

the minimum wage, the total number o.f such common labor employees in any calendar month not to exceed eight (8) percent of 

the total number of skilled and semiskilled employees during the 

same period. (b) The minimum pay for manuJacturing labor, except watchmen, shall be at the rate of forty ( 40) cents per hour; watchmen 

shall be paid not les.s than (70) percent of this minimum rate. 

(c) The minimum pay for accounting, clerical, office, service and 

sales employees, except office boys, shall be not less than fifteen ($15) 

dollars per week in any city of over five hundred thousand ( 500,000) 

population; nor le s than fourteen dollars and fifty cents ($14.50) 

in any city of between two houndred and fifty thousand (250,000) 

and five hundred thousand ( 500,000) population; nor less than fourteen ($14.00) dollars in any city of between two thousand five hundred (2,500) and two hundred and fifty thousand (250,000) population. Office boys shall be paid not less than eighty (80) percent 

of these minimum rates. 

(d) This Article (IV) establishes a guaranteed minimum rate of 

pay regardless of whether the employee is compen ated on the basis 

of a time rate or on a piecework performance, or otherwise. 

(e) No employee shall be classified in any one of the excepted 

classes hereinabove defined, unless he performs functions identical 

with those performed by employees thus classified on June 16, 1933-. 

(f) There shall be an -equitable readjustment of compensation now 

in excess of the minimum wages herein established. 

ARTICLE V-MINIMUM AGE 

Employers in the Automatic Sprinkler Industry shall not employ 

any person unJer the age of sixteen (16) yeu.rs; provided, however, 
3 

Yi(l a high r minimum age n p r on 

u h tat law :1 all b mplo d within 

AnTI .LE VI- NFAIR 1ETHOD OF 0::\[PETITION 

Th follo"ing racti · aro her b l to be unfair m thods 

f c mp titi n: 

(a) To ell any 1 roduct or er ic below the rea onable c t of 

u h pro u t or rvice . . 

1. F r thi I nrpo co t' is define l a the co-t of dire t labor 

lu th t of material , plu a proper amount f ov rh a 1 all as 

determined n the ba i of a y tern of co t accounting formulated 

by th Cole Authorit} "ith the apprm·al of the Admini trator. 

(b) To ell Automatic Sprinkler Device to irre pon ible inexperienced or incompetent contractor . 1. Each manufactur r in the Automatic Sprinkler Indu try hall 

file :from time to time with the Code Authority a li t of automatic 

prinkler contra tor qualified under thi Section to whom the manufacturer will exclu i vely ell automatic sprinkler devices. Each 

automatic prinkler contractor, to qualify, mu t agr e in writing 

to comply with and be bound by all the provi ions of thi · Code when 

engaged on Automatic Sprinkler in tallations. 

2. The Code Authority, ubject to the approval of the Administrator hall approve or disapprove the li t of automatic prinkler 

contractor and shall have the power to strike from said li t any 

contractor, who after hearing, shall be fotmd by it to hav-e violated 

thi · Code or w bo shall be found to be irresponsible, inexperienced or 

incompetent and shall likewise add to such list the name of any 

automatic prinkler contractor omitted therefrom who is qualified. 

If any contractor who has been omitted from any li t by reason of 

eli qualification thereafter becomes qualified, he shall be placed upon 

the li t. An contractor may appeal to the Admini trator from a 

ruling of the Code Authority in regard to his status. 

3. Th operation of thi Article VI (b) and the acti ns of the 

Cod Authority thereunder hall at all times be subject to the Admini trator's approval. 

( ) To ell automatic prinkler devices to owner or le ee of 

plant or propertie for in tallation on uch plant or I ropertie by 

u h own r or le ee · provided, however that nothing herein contained ·hall prohibit al to owners or ies ·ee for in ·tallation by 

uch owner r 1 ee in replacement of automatic prinkler in tallati n theretofore in tall c1 b. uch owners or le ee or their pr lece - or in title· an 1 provi le l further that sale may be made to owners 

or 1 e for in tallation by uch owner or le ee in any other ca e 

if th prior written consent of the Code Authority i obtained. If 

an appli ation of thi paraQTaph hould involve unju. t di riminati n again t any manufa turer or any own r or 1 e uch n1anufa tur r or wn r r le · ee may appeal to the Administrat r who 

may grant relief. 

( l) To fail to comply with th Rul s and R gulati n of the Inuran e or overnm ntal authoriti havinO' juri diction with r fernee to th manufa ture and installation of Automatic prinkl r , 
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provided, hmvever, that if ,· ueh rule · and r gulation hould at any 

time hereafter work har l ·hip upon any manufacturer, said manufacturer may appeal to the Administrator who may grant relief. 

(e) To aid an l abet the practice by insurance intere ts of receiving or quoting of price for the in tallation of automatic sprinkler 

equipments, or the preparation of detail con truction plan and specifications for the installation of automatic sprinkler equipment and 

the di tribution or sale of uch plans and specification . (f) To use other than the tandard form of contract and the 

standard form. of li en ·e agreement adopted by the National Automatic Sprinkler Association a and when approved by the Codt 

Authority and the Admini ·trator, and provided that this contract 

shall not be construed to requir the abrogation of any existing 

licen e contract. 

(g) To leave out of a bid materials or labor required in plans and 

specifications or to fail to state that certain work is not included for 

the price submitted, or to sell or install used 1naterial or devices or 

those which do not conform to the standards prescribed by Insurance 

or Governmental authorities having jurisdiction without the prior 

consent of the buyer and the insurance or other authorities having 

jurisdiction; unless the Administrator has granted relief upon appeal 

to him as provided in Section (d) of this Article VI. 

(h) To give or offer to give rebates, refunds, credits, allowances, 

unearned discounts, or special ervices directly or indirectly in connection with any work performed or to receipt bills for work of any 

kind until payment is made. 

( i) To aid and abet in the practice known as "bid peddling." 

ARTICLE VII-ARBITRA'I'ION 

The use of arLitration in the settlement of commercial disputes 

betw·een employers or between buyers and sellers under the arbitration rules of the American Arbitration Association is recognized as an 

economical and effective method of adjusting business controversies. 

ARTICLE VIII-AmuiKISTRATIYE ExPENSE 

Every manufacturer in the Automatic Sprinkler Indu try desiring 

to participate in the activities of the Code Authority may do so, 

provided that he bears an equitable share of the expense incident to 

the admini tration of this Code of Fair Competition under such 

rules and regulations as may be adopted by the Code Authoritv, subject to the approval of the Administrator. · 

ARTICLE IX-AonriNISTRATIO:x-INDUSTRY Col\OIITTEE 

(a) To effectuate further policies of the Act, and Automatic 

Sprinkler Industry Committee, called the Code Authority, is hereby 

designated to cooperate with the Administrator a a Planning anJ 

.Fair Practice Agency for the Automatic Sprinkler Industry. Thi: 

Code Authority shall consist of three representatives of the Automatic Sprinkler manufacturing oompanies elected by a :fair method 

of selection, to be approved by the Administrator, and not more than 

three members without vote who may be appointed by the President 
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unl r th .... T ational 

fr m tim t tim 

1 r · nt t th ~ 1ministrat r r · mm n 1ati ns ba ·eel n c n litions 

in th ir inllnstr ' n · they ma ' 1 Y l 1 from im to time w hi h will 

t nd t ff tuat th p rati n of th pr vi ·ion f thi de and 

the p licy of th ational e v r r t. 

) Th o 1 \..uth rit i mpow re l and t up t op rate 

with th ~-\.clmini 'trat r t mak in-r-e tio-ation a to the functioning 

and ob · ITan f an provi ·ion of thi ocle, at it own in tance 

r n mplaint b ' any per on aff ted an 1 t r port the ame to 

th A lmini trator. 

) In ad lition to information to b ubmitted to th ode .Authorit' ther hall be furni he l to overnment agencies such 

tati ·ti al information a the Admini ·trator may d em nee ary 

for the puq o r ited in e tion 3 (a) of the National Indu trial 

Re o ry ... ct. 

(d) The ode and all the provision thereof are expres ly made 

ubj ct to th riaht of the President, in accordance with the proYi i n f lau e lOb of the National Industrial Recov r Act, to 

an l or modify from tim to tim any order, approv-al, license. 

rul or regulation i ued under Title I of aid Act, and pecifiall} t the ri o·ht of the President to cancel or modify hi approval 

of thi ode or any condition impo eel by him upon hi approval 

thereof. 

(e) uch of the pro "Vi ·ions of this Code as are not required to be 

included therein by the National Inclu trial Recovery Act may, 

with the approval of the President, or his delegated authority be 

modified or eliminated as changes in the circumstances or experience 

rna. indicate. It is contemplate l that from time to time upplementar. provisions to this Code or additional cole will be submitted f r the approval of the President, or his delegated authority, 

to prevent unfair comp tition in price and other purpo e and 

poli ie of Title I of th National Industrial Recovery A t consi tent with the provi ions thereof. 

(f) Thi Code shall become effective not later than ten (10) clays 

after it approval by the Pre ident. 

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UNIV ERSITY OF FLORIDA 

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