Approved Code No. 279 Registry No. 1129-1-05 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

STEAM HEATING 

EQUIPMENT INDUSTRY 

• 

AS APPROVED ON FEBRUARY 12, 1934 

WE DO OUR PAR_l' 

-. 

UNITED STATES 

GOVERNMENT PRINTING OFFIC~ 

WASHINGTON: 1934 

( 

For Eale by the Superin(endeni of Dccuments, \Vashingtcn, D.C. - .. - - - - - - Price 5 cents 

y 
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Printing Office, Washington, D.O., and by district offices of the Bureau of Foreign 

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• 
Approved Code No. 279 

CODE OF FAIR COMPETITION 

FOR THE 

STEAM HEATING EQUIPMENT INDUSTRY 

As Approved on February 12, 1934 

ORDER 

ArPROVIKG CoDE OF FAIR CoMPETITION FOR THE STEAM HEATING 

EQUIPMENT 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, for approval of a Code of 

Fair Competition for the Steam Heating Equipment Industry, and 

hearings having been duly held thereon and the annexed report on 

said Code, containing findings with respect thereto, having been 

made and directed to the President: 

NO\V, THEREFORE, on behalf of the President of the United 

States, I, Hugh S. John on, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, 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 Code complies in all respects 

with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Code 

of Fair Competition be and it is hereby approved. 

HuGH S. JoHNSON, 

Acl1ninistrator for l ndustTial Recove1·y. 

Approval recommended: 

w. A. HARRIMAN, 

Division Adm,inistrator. 

'v AsHINGToN, D.c., 

February 12, 1934. 

39515°----376-63----34 (455) 

.. 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The lVhitc House. 

Sm: This is a report on the Code of Fair Competition for the 

Steam Heating Equipment Industry as revised after a public hearing conducted in 'Vashington, D.C., on January 23, 1934, in accordance with the proYi ions o:.f the National Inclu trial Recovery Act. 

PROYISION AS TO WAGES AND HOURS 

All, except office employee , hall be paid a minimum rate of forty 

cents per hour. Apprentices shall not exceed in number five percent 

of the total numbar of wage earners. Office employees shall be paid 

a minimum wage of fifteen dollars per week. Office boys and girls 

shall be paid not le~s than eighty percent of this rate and shall not 

exceed in number fh.·e percent of an employer's total number of office 

employee . 

Handicapped worker · may be employed at wages below the minimum. Female employee · performing ubstantially the same work 

as male employees shall receive equal pay. Adjustment of wnJge 

rate abo-ve the minimum will be made within sixty days after the 

approval of this Code. 

Forty hours shall be the me ximum number of working hours for 

any week and eight hours for any day except during any six weeks 

in a six months period forty-eight hours in one week is permissible. 

Those engaged in executive, managerial and supervisory capacities 

(except foremen) who regularly receive thirty-five dollars or more 

per week, out ide salesmen and service men are excepted from this 

provi ion. Employee. engaged solely at maintenance and repair 

work, truckmen, firemen and engineers may work nine hours a day 

or forty-four hours a week except during any six weeks in a six 

months period forty-eight hours in one week is permis ible. Watchmen . hall not be employed in excess of fifty-six hours in any one 

week. Office employees, except those receiving thirty-five dollar per 

week or more shall i10t be employed in excess of nine hours per day 

or forty hours per week. All employees, except office employees, 

shall be paid nt the rate of time and one-half for time 1vorked in 

exce. s of forty hours per week or eight hours per day. 

ECO ... TOl\IIC EFFECTS OF THE CODE 

The Indu try to a large extent i controlled by the activities of the 

construction industry. Annual sales of the Industry have decrea eel 

eighty percent from 1929 to 1933. The Research and Planning Division tates in their report that the Inrlustry employed 4,716 wage 

earner in 1929. From 1929 to the fir t quarter of 1933, factory employment decrea eel fifty-five percent. Because of increased business 

(~5G) 
457 

and the President's Reemployment Agreement the number of wage 

earners increa ed forty-one percent from the first quarter of 1933 to 

October 15, 1933. 

Data furnished the Divi ion of Re earch and Planning would indicate that reemployment will be affected by the maximum hours as 

provided in this Code. Employment will increase further as the 

result of an increase in production. The minimum wage rate established in this Code should increase the 'lvage of approximately 

thirty-two percent of the factory employee · in this Industry, and, 

further, equitable readjustinent of wages is provided for all em- ployees receiving more than the minimum wage rate. Trade practice provisions of the Code are expected to remedy the unfair competition that has existed in the past within the Industry. 

FINDINGS 

The Deputy Administrator in hi final report to me on ·aid Code 

having found as herein set forth and on the basis of all the proceedings in this matter ; 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

remov.al of obstructions to the free flow of inter tate and foreign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, 

by inducing and maintaining united action of labor and management under adequate governmental .::.auctions and supervision, by 

eliminating unfair competitive practices, by promoting the fullest 

possible utilization of the pre ent productive capacity of industries, 

by avoiding undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and 

agricultural products through increasing purchasing power, by reducing and relieving unemployment, by improving tandard of 

labor, and by otherwi e rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not cla ssified by me as a major industry. 

(c) The Code as approved complies in all respects with the 

pertinent provisions of said Title of said Act, including without 

limitation Subsection (a) of Section 3, Subsection (a) of Section 7, 

and Subsection (b) of Section 10 thereof; and that the applicant 

association is an indu trial association truly representative of the 

aforesaid Industry; and that said association impo es no inequitable 

restrictions on admission to membership therein. 

(d) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is 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 Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

HuGHS. JoHNSON, 

FEBRUARY 12, 1934. Administra-tor. 
CODE OF FAIR CO~IPETITION FOR THE STEA~l HEATING EQUIPMENT INDUSTRY 

ARTICLE I-PURPOSE 

1. To effectuate the policie · of Title I of the National Indn trial 

Recovery Act, the following provisions are established as a Code of 

Fair Competition for the Steam Heating Equipment Industry, and 

hall be the standard of fair competition for such Industry, and shall 

be binding upon every member thereof. 

ARTICLE II-DEFIXITIOX 

1. The term " Stean1 Heating Equipment Industry " as used herein 

mean and includes the manufacture and distributing under their 

own t~'a_de names of all equipment for low pressure steam heating, 

compns1ng: 

Radiator Trap , Packle · Radiator Supply Valve (all type ' ), 

Radiator Supply Valve Orifices, Float and Thermostatic Traps, 

Boiler Return Trap , Air Eliminators (Vapor Type), Strainers for 

Protection of Trap and Valves, Lift Fittings, Vapor Damper 

Regulators and other products which may come within the general 

clas ification of low pressure steam heating equipment. 

2. "Pre. ident" means the Pre iden of the Unite 1 States of 

America. 

3. "Association" means the Steam Heating Equipment l\Ianufacturer · Association, a trade a sociation. · 4. The terms "Act", and "Administrator " as used herein shall 

mean respectively Title I of the National Industrial Recovery Act, 

and the \..dministrator for Ind u trial Recovery. 

5. The term "Employee" as u ·eel herein include anyone engaged 

in the Industry in any capacity receiving con1pensation for his 

services, irrespective of the nature or method of payment of uch 

compensation. 

6. The term "Employer" as u eel herein includes anyone by whom 

any such employee is compen ated or employed. 

7. "Effective Date" mean the second Monday after this Code is 

duly approved by the President of the United State . 8. ".Member of the Industry "or" l\1:ember" means any individual, 

partner hip, association, corporation or other form of enterprise 

engaged in the Industry as above defined, either as an employer or 

on hi or its own behalf. 

ARTICLE III-HouRs 

SECTION 1. No employee, excluding accounting, clerical and office 

employee , shall be employed in exce s of forty ( 40) hours in one 

week, or eight (8) hours in any twenty-four (24) honr period, except 

(45 ) 
459 

that during any six (6) weeks in any six (6) months period employees may be employed not more than forty-eight ( 48) hours per 

week, providing one and one-half times the normal rate of pay shall 

be paid for hours worked in excess of eight ( 8) hours per day and 

forty ( 40) hours per week. The foregoing limitations shall not 

apJ?lY to: . . . . (a) Those engaged rn executive, managenal and . uperv1sory 

capacities (except foremen) who regularly receive thirty-five (35) 

lollars or more per week. 

(b) Outside sales and service men. 

(c) Employees engaged solely at maintenance and repair " 'ork, 

truckmen, firemen and engineer , who may be permitted to work 

not more than nine (9) hours in any one day, Ol' forty-four (44) 

hours in any one week. These employees may also be permitted to 

work forty-eight (48) hours per week during any six (6) weeks in 

and six ( 6) months period. One and one-half time.· the normal 

rate of pay shall be paid for hours worked in exces · of eight (8) ho11rs 

per day and forty ( 40) hours per week. 

(d) Watchmen, who may be employed not more than fifty- ix 

(56) hours in any one ( 1) week, except watchmen in closed plants 

to whom this limitation shall not apply. 

(e) Cases of emergency such as the production o-f equipment or 

repairs for breakdown ·ervice, or where the re triction of hours of 

skilled workers woulc1 unavoidably reduce production or limit the 

work available to other worker . One and one-half (11j2 ) times the 

normal rate of pay shall be paid for hours worked in exces of eight 

( 8) hours per lay and forty ( 40) hour per week. 

SECTION 2. No accounting, clerical or office employee shall be 

employed in excess of forty ( 40) hours a week or nine ( 9) hours per 

clay. Eight (8) hour shall constitute a normal working day. 

SECTION 3. No employer shall kno\Vingly permit any employee to 

"·ork for any time which, when totaled with that already performed 

with another employer or employers exceeds the maximum permitted 

herein. 

ARTICLE IV-'V AGES 

SECTION 1. No employee shall be paid at less than the r'ate of forty 

(40) cents .per hour, except: 

(a) Accounting, clerical and offi e employees may be paid at not 

less than $15.00 per week. 

(b) Office bo} s and office girl · may be paid at not le ·s than eighty 

( 80) per cent of the above provided minimum wage for accounting, 

clerical and office em_ployees, p·rovided that the total number of such 

office boys and girls receiving less than such minimum wage shall not 

exceed, in any calendar month more than five ( 5) per cent of the 

total office employees of the employer, except that any employer may 

employ at least two (2) such persons as above provided. 

(c) Nothing in this Article IV shall apply to or affect a bona fide 

apprentice employed> under a system or course of training which, 

when completed, will make the apprentice a skilled mechanic. At 

no time shall new apprentices be admitted to apprenticeship by any 

employer when such action will bring their total number to more 

than five ( 5) per cent of the total number of factory employees of 

such employer. 
460 

SECTION 2. This Article establishes a minimum rate of pay which 

shall apply, irre ·pectiYe of whether an employee is actually compensated on a time rate, piece-work, or other basis. 

SEcTION 3. Equitable adju tment of compensation of employees 

receiving more than the minimum rates o£ pay herein prescribed 

shall be made by all employers who have not heretofore made such 

adjustments, and all employers shall within sixty (60) days after 

approval of hi Code, report in full to the Code Authority concerning uch n.djustment whether made prior to or subsequent to 

such approval, provided, however, that in no event shall hourly rates 

of pay be l~educecl. 

SECTIO~ 4. Female employees performing nbstantially the same 

work as male employees shall receiYe the amc rate of pny as male 

employees. 

SECTION 5. A person whose earning capacity i limited because 

of age or physical or other handicaps may be employed on light 

work at a wage below the minimum established by thi 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 maintain on file with the 

Code Authority a l.i. t of all such persons employed by him. 

SECTION 6. '1\T ages shall be exempt from any payments for pensiam;, insurance, or sick benefit other than those voluntarily paid 

by the wage earners, or required by State laws. Wages shall be paid 

at ]ea t at the end of every two week period, and salaries at least 

at the end of every month. No employer shall withhold wages. 

SECTION 7. The employer or his agent .'hall accept no rebates 

directly or jndirectly on such wages nor give anything of value 

or extend favors to any per on for the purpose of influencing rates 

of wages or the working conditions of his employees. 

•\_RTICLE V-GEXER.\L LABOR PROVISIONS 

SECTION 1. No per on under sixteen (16) years of age shall be 

employed in the Industry. No person under eighteen (18) years of 

age shall be employe l at operations or occupations which are hazardous in nature or dangerous to health. The Code Authority shall 

submit to the Administrator within ninety (90) days after the effective date of this Code a list of such operations or occupations. In 

any State an employer shall be deemed to have omplied with thi.-

provi ion as to age if he shall haYe on file a certificate or permit dnly 

signed by the authority in any State empowered to issue employment or age certificates or permit· sh{)wing that the employee is of 

the req uired age. 

SECTION 2. In compliance with Section 7 (a) D£ the Act it is 

provide 1 th at : 

{a) Employees shall have the right to organize and bargain collectively, thr0ugh representatives of their own choosing, and shall he 

free from the interferen<~c, restraint, or coercion of en:1ployers of 

labor, or their agents, in the de ·ignation of such representatives or 

in self-organization or in other cone rtec1 activities for the purpose 

of eollective bargaining or other mutual aid or protection. 
461 

(b) 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 a. sisting a labor organization 

of his own choo ing. 

(c) Employers shall comply with the maximum hours of labor, 

minimum rates of pay, and other conditions of employment approved 

or prescribed by the President. 

SECTION 3. No employer shall reclassify employees or duties of 

occupations performe l or engage in any other subterfuge for the 

purpose of defeating the purposes or provisions of the Act or of this 

Code. 

SECTION 4. Every employer hall make reasonable provi ·ions for 

the safety and health of his employees at the place and during the 

hours of their employment. 

SECTION 5. No provision in this Code shall suporsede any State 

or Federal law which imposes more stringent requirement on employers as to age of employees, wage , hours of work, or as to safety, 

sanitary, or general 'vorking condition , or insurance, or fire protection, than are imposed by this Code. 

SECTION 6. All employers shall post complete copies of the labor 

provisions of this Code in conspicuous places accessible to employees. SECTION 7. No employee shall be permitted to work more than six 

(6) days in any seven (7) day period. 

ARTICLE VI-ORGANIZATION 

SECTION 1. To further effectuate the policies of the Act, a Code 

Authority is hereby constituted to cooperate with the Administrator 

in the administration of this Code. 

SECTION 2. The Code Authority . hall consist of the members from 

time to time of the Board of Directors of the A ·sociation, provided 

for in the by-laws of the Association, together with a member selected at large from the Industry. In addition to membership as 

above provided, there may be not more than three (3) members, 

'"ithout Yote and without expense to the Industry, to be appointed 

by the Administrator, to serve for such term or tenns as he may 

specify. No two members of the Code Authority shall be affiliated 

with any single member of the Industry. 

SECTION. 3. The A ociation is hereby designated a the agency to 

conduct an election of the Member at large of the Code Authority 

by members of the Industry w·ho are not members of the Association, 

within thirty (30) days after the effective date of this Code, and 

any subsequent elections for the succesors of such Member at large. 

Such member shall be elected to serve for a term of one (1) years, 

or until his successor is elected at the next annual meeting of the 

me1nbers of the Industry. In the event of the position of Member 

at large on the Code Authority becomes vacant, a special meeting 

shall be called for an election to fill the vacancy. Notice of the time 

and place of all elections shall be sent by registered mail, at least 

ten (10) days in advance of any election, to all members of the 

Industry who are not members of the Association and who are registered with the Secretary of the Association, and voting at such 

election may be by person, by proxy, or by letter ballot. Each 
462 

member of the Indu try who i not a member of the Association shall 

have one Yote. \.. plurality of the number of 'otes cast shall be 

necessary for election. 

SECTION 4. The Code Authority shall have the following further 

powers and dutie. to the extent permitted by the Act, the exercise 

of which shall be reported to the Administrator. 

(a) To in ure the execution of the provisions of thi Code and 

provide for the compliance of the Industry with the provisoins of 

the Act. 

(b) To adopt by-la'Y · and rules and regulations for its procedure 

and for the administration an<.l for facilitating the enforcement of 

the Code. 

(c) To appoint committee · to carry out its duties such a the following: Admini tration, Compliances Finance, Industrial Relations, 

Trade Relation , Subdivisional, and such other committee as may 

be required. 

(d) To obtain from members of the Industry such information and 

reports (sworn or uns,Torn as the Code Authority may pecify) as 

are required for the administration of the Code. No individual 

information, statistics or reports shall be eli closed to any other 

member of the Industry or any other party except to such governmental agencies a. may be directed by the Administrator. 

(e) To establi h if found desirable, cia sifications, dimensional 

standards, and quality and/ or performance specification. for products of the Industry. 

(f) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code and that such trade 

associations and agencies shall at all times be subject to and comply 

with the provisions hereof. 

(g) To make recommendations to the Administrator for the coordination of the admini tration of this Code ,Yith uch other codes, 

if any, as may be related to the Industry. 

(h) To secure from members of the Industry as enting to the Code 

an equitable and proportionate payment of the rea. onable expen es 

of maintaining the Code Authority and its activitie . 

(i) To cooperate with the Admini trator in regulating the use 

of any N.R.A. insignia oJely by those members of the Industry "ho 

have assented to, and are complying with, this Code. 

(j) To recommend to the Administrator further fair trade. practice provisions to govern 1nembers of the Industry in their relations 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including Stabilization of Employment, Uniform Cost of Accounting, Industry Merchandising Pla.ns, System of Exchange of Credit Information, Inequalities Affecting the Stability of the Industry, which recommendations after such notice and hearing as the Administrator may specify 

shall become effective as a part of this Code upon approval by the 

Administrator or the President with the same force and effect as if 

originally made a part hereof. 

SECTION 5. In order that the Code Authority shall at all time 

be truly representative of the Industry and in other respects comply 
463 

with the provisions of the Act, the Administrator may provide sucn 

hearing as he may deem proper; and thereafter if he shall find 

the Code Authority is not' truly representatiYe or does not in other 

respects comply with the provisions of the Act, may require an appropriate modification in the method of selection of the Code 

Authority or any sub-Code Authority. 

SECTION 6. The Association, or any other trade association, directly or indirectly participatjng in the selection or activities of the 

Code Authority, shall (1) impose no inequitable restrictions on 

membership, and (2) submit to the Admini h·ator true copies of its 

articles of association, by-laws, regulations, and any amendments 

when made thereto, together with such other information as to 

membership, organization, and actiYities as the Administrator may 

deem necessa ry to effectuate the purposes of the Act. 

SECTION 7. In addition to the infonnation required to be submitted 

to the Code Authority, all or any of the persons subject to such 

code, agreement, or license furni ·h such statistical information as 

the Administrator may deem necessary for the purposes recited in 

Section 3 (a) of said Act to such Fed€ral and State agencies as the 

Administrator may designate; nor hall anything in any code, 

agreement, or licen e relieve any person of any existing obligation 

to furnish report · to Governn'l"'nt agencies. 

SECTION 8. l\1embers of the Industry shall bo entitled to participate in and share the benefits of the activities of the Code Authority 

and to participate in the selection of the members thereof, by a ent· 

ing to and complying with the reqniremen~s of this Code and u - -..taining their reasonable share of the expenses of its ad mini tra tion. 

The reasonable share of the expenso of achnini trativn hull be 

determined by the Code Authority, subj ect to review by the Administrator, on the basis of volume of bu iness, anclj or such other fact ors 

as may be deemed equitable to be taken into con ·i 1eration. 

SECTION 9. Nothing contained in this Corle shall con titute th 

members of the Code Authority partners for any purpose. Nor sh a1l 

this Code be con. trued to render any member of the Code Authority 

liable in any manner to anyone for any act of any other member, 

officer, agent or employees of the Code Authority. Nor shall this 

Code be construed to render any memb€r of the Codp Authority, 

exercising rea sonable dilio·ence in the conduct of his duties hereunder 

liable to anyone for any action or omi sion to act under thi Code, 

except for his own wilful mi feasance or non-fea ·ance. 

ARTICLE VII-PUBLICITY OF PRI ES~ TEinus, AND Col'\ mnoN, OF SALE 

SECTION 1. 'Vithin seven (7) clays after the effectiYe date of this 

Code each member of the Indn try shall publish his prices, terms 

an-d conditions of sale on all products, with the price·, term , and 

conditions of sale affecting each such class of trade in the territory to 

which such prices, term , and conditions of ale apply. Coincident 

with such publication, each member of the Industry shall file with 

the Code Authority and the Code Authority shall immediately li -

tribute to all member of the Industry a complete schedule of such 

prices, term· and conditions of sale. 
464 

SECTION 2. In the event of any change by any member of the Industry in any price, term , or condition of sale, he shall file full and 

complete copies of every change with the Code Authority, all such 

changes shall become effective immediately upon such filing unless 

and until the Code Authority shall designate periods within which 

any such changes shall become effective, subject to the approval of 

the Administrator, but in no ca e shall any such period exceed seven 

(7) days after the date of the filing of the change. Copies of all 

changes filed shall be immediately distributed by the Code Authority to the members of the Industry. Information on such price 

changes shall be available to the trade to which it is applicable, on 

the effective date of such change and each member shall coincidentally file such information in the office designated by the Code Authority for immediate distribution by the Code Authority t o the 

member of the Industry. 

SECTION 3. In the event that any member of the Industry shall 

not recei \·e sufficient notice of the filing by any other member of any 

change in prices or terms and conditions of sale as will enable the 

member fir t mentioned tD meet the said change on the effective date 

thereof, such member may file with the Code Authority such changes 

in his prices, terms and conditions of sale as may be .required to 

meet the change filed by the other membBr. Changes so filed shall 

become effective on the same date as the effective date of the change 

of the member first filing as aforesaid, or if such change has already 

become effective, then the changes subsequently filed shall bBcome 

effective immediately. 

SECTION 4. No member of the Industry hdl sell, pay a rebateJ 

or allow a deduction at any time to any person except in accordance with his prices, terms, and conditions of sale then in effect and 

published in the manner describe herein. Each member of the 

Industry hall havB the right, individually, to publish new prices, 

terms, and conditions of sale, from time to time, as herein provided. 

ARTICLE VIII-PuBLICITY OF TRADE QuALIFICATioxs 

SECTION 1. Within seven (7) days after the effective date of this 

Code, and until a merchandising plan shall be approved for the 

Industry, each member of the Industry shall publish and file with 

the Code Authority all qualifications which have been established 

by him to determine the prices, terms or conditions of sale made 

applicable by him to the different classes of his trade, for products 

covered by this Code. He shall publish and file promptly with 

the Code Authority any changes made by him in such qualifications 

and any additional qualifications. · 

SECTION 2. Each member shall file at such times, in such manner 

and at such places as may be designated by the Code Authority, the 

names and locations of his trade who buy at less than his published 

prices, grouped according to his own stated qualifications then in 

effect. The names and locations so filed shall be available to customers and to the members of the Industry, provided that the name of 

the manufacturer submitting any such names and locations shall 

not be disclosed without hi ~ consent. 
465 

ARTICLE IX-SPECIFIC TRADE PRACTICES 

RuLE 1. All .. :ales of products covered by this Code shall be made 

on the basis of a ·written quotation or bill of ~a . Said quotation 

or bill of sale shall be properly dated and shall be in accordance 

'1-vith current prices and shall be so listed as to enable checking with 

the current published price sheet. Outstanding quotations for specific projects may be protected for a period of thirty (30 ) days 

beyond date of price change (or in the case of quotations made for 

specified projects, having a definite date for public opening of bids, 

protection may be giYen for sixty (60) days beyond bid opening) 

provided a list of ._uch outstanding quotations is filed ·with t11e Code 

Authority within ten (10) days after price change. 

RuLE 2. All quotations shall be plainly marked"" Subje.ct to change 

without notice and void after sixty (60) days", and all written 

quotations shall so state, subject however to Rule 1. 

RuLE 3. It shall be deemed an unfair method of competition to 

sell or dispose of any product of this Industry on any lower basis 

than that of the current published price sheet of each individual 

manufacturer, less such discounts as apply under the e Rules, except 

as provided in Rule 9. 

RuLE 4. It shall be deemed an unfair 111ethod of competition to 

n1ake a part.icular sale of products of the Industry contingent upon 

the sale of any other goods or n1aterials not covered by this Code, 

provided that this rule shall not apply to patented heating systems 

or other products not covered by this Code in which the products of 

this Industry serve as component parts. 

RuLE 5. It shall be deemed an unfair method of competition to 

make or cause or permit to be made or published any false, untrue, 

or deceptive statement by way of advertisement or otherwi e concerning the materials of construction used in, the operating characteristics of, or the quality, size, origin, or preparation of any prodnet of the Industry, sold or offered for sale. 

RuLE G. It shall be deemed an unfair method of competition to 

mark or brand any product of the Industry in any manner which 

has the tendency to mislead or deceive customer or prospective customers as to the substance, grade, quality, size, quantity, origin, or 

preparation of any product of the Industry sold or offered for sale. 

RULE 7. It shall be deemed an unfair trade practice to accept 

blanket orders; therefor e, all quotations and orders rnust specify an 

itemized bill of goods. If, after a quotation has been made, the 

specified requirements are changed, a new quotation shall be issued 

based upon published prices prevailing at that time. If, after an 

order has been accepted the requirements are changed, deductions 

shall be credited on the basis of prices prevailing at the time order 

was placed and additions shall be charged at the price prevailing at 

the time additions are made. 

RuLE 8. The Code Authority shall cause to be formulated an 

accounting system and methods of cost finding and/ or estimating 

capable of use by all 1nembers of the Industry. After such system 

and methods have been formulated, full details concerning them shall 

be made available to all members. Thereafter all members shall 
466 

determine and/or estimate costs in accordance with the principles of 

such method . 

RuLE 9. No employer shall , ell or exchange any product o£ the 

Industry, manufactured by him, at a price, or upon terms and conditions, which will result in the purchaser -paying for the goods 

received, les than the cost thereof to the seller, determined in accordance with the system and methods o£ costing formulated under the 

provision o£ Rule 8 o£ this Article IX; P'rovided, ho·weve'r, that 

dropped line , or second , or inventories which must be con' erted 

into cash to meet emergency needs may be disposed o£ by any employer, at any price and on any term and conditions, but only it 

such employer, not less than two (2) weeks before such disposal, has 

filed with Code Authority, a statement in writing, setting forth the 

facto£, and reasons for, such proposed disposal, and Code Authority 

has not, before the termination o£ such two (2) weeks' period, in 

writing eli approved the proposed disposal; provided that no article 

so approved for sale as obsolete, or for emergency needs shall be 

reinstated without approYal o£ the Code Authority, and provided, 

further, that a member o£ the Industry selling or wishing to sell, 

below his O\Yn co t to meet the competition o£ a competitor whose 

costs are lower, may do o provided that he has first so reported to 

the Code Authority and in such report has cited the facts o£ the 

competition which caused him to take such action. 

RULE 10. Consignment o£ goods or delayed billing shall be deemed 

an unfair trade practice, except under conditions approved by the 

Code Authority. 

RuLE 11. It shall be deemed a violation of these Rules to enter 

into or be a party to a written or verbal agreement or understanding 

which serves directly or indirectly to affect the price or terms of 

sale establi heel by a current published price sheet, or which serYes 

in any way to defeat the spirit and purpose o£ these Rules. However, nothing herein contained shall be construed to prevent a member of the Industry from. cooperating with or instructing prospective 

purchasers as to the proper application or installation of aiel 

member's products. 

RULE 12. All product covered by this Code shall be sold f.o.b. 

factory, shipping point or the equivalent of freight may be allowed 

or prepaid to freight station nearest to destination, or may be 

prepaid. 

RuLE 13. No member o£ the Industry shall sell his product subject 

to a guarantee more favorable to the purchaser than the following: 

(a) No guarantee to furnish parts to replace defective material 

or workmanship shall extend beyond one year from date o£ 

shipment. 

(b) Replacements of defective material shall be £.o.b. manufnchlrer's factory subject to manufacturer's inspection. , 

(c) Foreign component part equipment guarantee shall be limited to the warranty of its 1nanufacturer. 

RULE 14. The members o£ the Industry hereby agree that it hall 

constitute un£a.ir trade practice £or any member, or any employee 

to furnish heating plans andj or specifications to architects or others, 

unless such plans or service shall be charged for as set forth by the 

Code Authority, provided, that nothing in thi · rule shall limit the 
467 

right of members of this Industry to furnish catalogues, dimensioned 

sketches, application drawings and the usual trade or advisory information concerning the products of the Industry and their application and use to Architects, Engineers, Contractors, and others, 

either for general or specific cases. 

RuLE 15. No member shall make any false or deceptive statements 

to the detriment of a competitor. 

ftuLE 16. No member shall accept, for the purpose or with the 

effect of influencing a sale, securities, bonds, mortgages, stock or 

other personal or real property at other than the current market 

value thereof as whole or part payment for services rendered or material furnished. 

RuLE 17. No member shall induce or attempt to induce the cancellation of any order for a specific installation given to any other 

member by his or its customers. 

RuLE 18. No member shall make secret payment or allowance to 

cw;;tomers of r ebates, credits, refunds, commissions or unearned 

discounts, whether in the fonn of money or otherwise. 

RuLE 19. No member shall sell equipment as listed in Section 1, 

Article II without identifying trade mark or the name of the manufacturer or distributor clearly marked thereon. 

RULE 20. No member of the Indu try shall giYe, permit to be given, 

or directly offer to give, anything of value for the purpose of infi.uencing or rewarding the action of any employee, agent, or representative of another in relation to the busin ss of the employer of 

such employee, the principal of such agent or the represented party, 

without the knowledge of such employer, principal or party. Comnlercial brjbery provisions shall not be con trued to prohibit free 

and general distribution of articles commonly used for advertising 

except so far as such articie are actually used for commercial 

bribery as hereinabove defined. 

AnTICLE X-GE~ERAL PRon siOKS 

SEcTION 1. No provi ion of this Code shall be con trued or applied 

in such a manner as to-

( a) Promote or permit monopolies or monopoli tic practice . (b) Permit or encourage unfair competition. 

(c) Eliminate, oppress, or eli. ·criminate again t small enterprises. 

SEcTION 2. This Code is hereby expres ly made subject to the right 

of the President, pursuant to Section 10 (b) of Title I of theN ational 

Industrial Recovery Act, from time to time to cancel or modify any 

order, approval, license, rule or regulation issued under Title I of 

said Act, specifically but without limitation to his right to cancel or 

modify his order approving this Code, or any conditions imposed by 

him upon such approval. 

SECTION 3. This Code, except as to provi ·ions required by the Act, 

may be modified on the basis of experience or change in circumstances, such modifications to be based upon application to the Administrator and such notice and hearing as he may specify, and to 

become effective on approval of the Administrator. Any such applications may be made by the Code Authority. 
UNIVERSITY OF FLORIDA 

468 lll llllllllllllllllllllllll llllllllll llllllllllll llllllllllllll l 

3 1262 08584 1822 

SECTION 4. If the Administrator shall determine that any action 

of a Code Authority or any agency thereof may be unfair or unjust 

or contrary to the public interest, the Administrator may require 

that uch action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by 

such Code Authority or agency pending final action which shall 

not be effe.-.ti ve unle the Administrator approves or unless he shall 

fail to disapprove after thirty days' notice to him of intention to 

proceed with ~uch action in its original or modified form. 

ARTICLE XI 

This Code shall become effective on the second Monday after its 

approval by the Pre ident of the United States. 

ApproYed Code No. 279. Registry No. 1129-1-05. 

0