Approved Code No. 244-Supplement No. 16 Registry No. 1130-03

NATIONAL RECOVERY ADMINISTRATION

SUPPLEMENTARY

CODE OF FAIR COMPETITION

FOR THE

HEATING, PIPING, AND

AIR CONDITIONING CONTRACTORS'

INDUSTRY

(A Division of the Construction Industry)

AS APPROVED ON JULY 25, 1934

WE 00 OUR PAR

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1934

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Approved Code No. 244-Supplement No. 1

SUPPLEMENTARY CODE OF FAIR COMPETITI

FOR THE

HEATING, PIPING, AND AIR CONDITIONI

CONTRACTORS' INDUSTRY

As Approved on July 25, 1934

ORDER

SUPPLEMENTARY CODE OF FAIR CoMPETITIoN FoR THE HE

PIPING, AND AIR CONDITIONING CONTRACTOR'S INDUSTRY

A DIVISION OF THE CONSTRUCTION INDUSTRY

An application having been duly made pursuant to and 

compliance with the provisions of Title I of the Nation

dustrial Recovery Act, approved June 16 1933, and pursuant 

in full compliance with the provisions of Section 5 of Articl

of Chapter I of the Code of Fair Competition for the Const

Industry, approved January 31, 1934, for approyal of Chapte

of said Code, which Chapter XVI is applicable to the H

Piping and Air Conditioning Contractors' Division of the 

struction Industry, and hearings having been held thereon a

annexed report on said Code, containing findings with respect t

having been made and directed to the President:

NOW, THEREFORE, on behalf of the President of the 

States, I, Hugh S. Johnson, Administrator for Industrial Re

pursuant to authority vested in me by Executive Orders 

President, including executive Order No. 6543-A, dated De

30, 1933, and otherwise; do hereby incorporate by referenc

annexed report and do find that said Chapter complies in 

spects with the pertinent provisions and will promote the poli

purposes of said Title of said Act; and do hereby order th

Chapter XVI be and it is hereby approved and that the p

approval Industry its may II, within Provided, (1) entirety the review T#6187*--829-141-34() That approval a is of period of as hereby with or how said supplemented reconsider ever, herein reference to Code modified one given of hudred the Fair by to is on the provisions include said Competition provisions and condition Chapter eighty an of approval said XVI; of that for (180) Section section the the of days Aminisaid Const1 at of froanC
effective date of this Chapter, and, upon the basis of su

studies or hearings as he may obtain or conduct, may re

modification of. or make such determination with respect t

visions of this section as he shall by his further order d

provided further, that if it shall be represented to the Adm

andi he shall determine that the provisions of this section 

due hardship upon employers or einployees or both, within 

or locality, he may at any time grant such stay of or 

from the provisions of this section within such region 

as he may deterinine is necessary to effectuate the polic

by Title I of the National Industrial Recovery Act;

(2) That with reference to the provisions of Article 

to the definition, the approval herein given is on cond

the provisions of this Article be reviewed or reconsidered 

notice and public hearing within a period of sixty (60) 

the effective date of this Chapter and upon the basis of su

and for the purpose of elimination of duplication of adm

facilities or operations or jurisdiction, the Administrato

quire such modification of or make such other determin

respect to the provisions of this Article or his approv

Code as he shall by his further order direct; and, provide

that if it shall be represented to the Administrator an

determine that the provisions of this Article impose un

ship upon any member of the industry within any region 

or to any class of members of the industry he may at any 

such stay of or exemption from this Code as he may de

necessary to effectuate the policy declared by Title I of th

Industrial Recovery Act;

(3) That with reference to the provisions of parag

Article IV, the approval herein given is on condition th

ministrator may review or reconsider the provisions of 

graph within a period of ninety (90) days after the effect

this Chapter, and upon the basis of such reports, studies 

as he may obtain or conduct, may require such modifica

make such other determination with respect to, the pro

this paragraph as he shall by his further order direct; and

further, that the Divisional Code Authority for said Ch

cause a survey to be made with reference to the provisio

paragraph and shall furnish statistics and other inform

taining thereto, and such other information as may be r

the Administrator, to the Administrator within ninety 

after the effective date of said Chapter, and that on the ba

information or otherwise, the Administrator may thereu

the approval, modification or deletion of said paragraph 

said.

Approval WASHINGTON, Gro. Division L. recommended: July BEmmy, D.C., 25, Admin 1934.Admini.strator istrator. for HUGH Industral S. JOHNSR
REPORT TO THE PRESIDENT

The PRESIDENT,

The White House.

SIR: This is a report on the Heating, Piping and Air Con

ing Contractors Chapter of the Code of Fair Competition 

Construction Industry which is described as Chapter I and 

was approved by you on January 31, 1934.

This Chapter is a revision after a public hearing conduc

Washington, D.C. on September 11, 1933, and reconvened h

conducted in Washington, D.C. on April 12 and April 26, 1

accordance with the provisions of the National Industrial Re

Act. This Chapter amplifies Chapter I and is designated C

XVI. It applies specifically to the Heating, Piping and Ai

ditioning Contractors )ivision of the Construction Industr

PROVISIONS FOR HOURS AND WAGES

In addition to the hour and wage provisions of Chapte

the Construction Industry Code, as approved by you on J

31, 1934, this Chapter XVI provides a minimum wage of n

than $1.20 per hour for journeymen steamfitters in the N

Zone, as defined in this Chapter; not less than $1.10 per hour 

Central Zone, as defined in this Chapter; not less than $1.00 p

in the Southern Zone, as defined in this Chapter; and in all 

as defined in this Chapter, that not less than $12.00 per wee

be paid apprentices. The wage scale provided by this Chap

journeymen steamfitters is identical, both as to zones and as to 

for skilled workers, with the corresponding provisions of the 

ing Contracting Division of the Construction Industry Co

proved by you May 15, 1934.

ECONOMIC EFFECT OF THE CODE

According to the statistical analysis of the Division of R

and Plannino, the total volume of work in this Division of th

struction Industry in 1929 amounted to approximately $500,0

In 1932 this volume of work had dropped to about $196,000,00

cording to the information supplied by the sponsors of this C

the search and employed in this In uniform consumer. prohibition It 1929, aggregate is Industry reasonable according rates 84,500 of Planning, volume of unfair will workers; pay, to to be suppose trade the of the this materially business in statistical limitation practices, both Division 1933, that (3)31,900 benefited in with analysis of of 1933 the hours the workers. employers amounted without establishment of Construction the of work, detrimen

Division and to $73,1emof Ina
4

FINDINGS

The Deputy Administrator in his final report to me on 

ing, Piping and Air Conditioning Contractors Chapter of 

of Fair Competition for the Construction Industry, having 

herein set forth and on the basis of all the proceedings in th

I find that:

(a) Said Heating, Piping and Air Conditioning C

Chapter and said Code of Fair Competition for the Constr

dustry, as supplemented by said Heating, Piping and Air 

ing Contractors Chapter, are well designed to promote th

and purposes of Title I of the National Industrial Recove

cluding removal of obstructions to the free flow of interstat

Cign coninierce which tend to diminish the amount thereo

provide for the general welfare by promoting the organ

industry for the purpose of cooperative action among 

groups, by inducing and maintaining united action of labor 

agemnent under adequate governmental sanctions and super

eliminating unfair competitive practices, by promoting 

possible utilization of the persent productive capacity of nd

avoiding undue, restriction of production (except as may 

rarily required), by increasing the consumption of indu

agrcultural products through increasing purchasing pow

ducing and relieving unemployment, by improving standard

and by otherwise rehabilitating industry.

(b) Said Industry normally employs not more than 

ployees; and is not classified by me as a major industry.

(c) Said Heating, Piping and Air Conditioning Contrac

ter and the Code of Fair Competition for the Construction 

as supplemented by said Heating, Piping and Air Conditio

tractors Chapter, as approved comply in all respects with 

nent provisions of said Title of said Act, including witho

tion Subsection (a) of Section 3, Subsection (a) of Sect

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

tion is an industrial association truly representative of the 

Industry; and that said Association imposes no inequitab

tions on admission to membership therein.

(d) Said Heating, Piping and Air Conditioning C

Chapter and the Code of Fair Competition for the Constr

dustry, as supplemented by said Heating, Piping and Air C

ing Contractors Chapter are not designed to and will n

monopolies or monopolistic practices.

(e) Said Heating, Piping and Air Conditioning C

Chapter and the CodIe of Fair Competition for the Constr

dustry, as supplemented by said Heating, Piping sand A

nate Heating, said tioning against tioning been (f) Code, or deprived Those oppress Contractors them. Contractors Piping as enaged in supplemented of small and the Chapter, Chapter enterprises and Air rght other Conditioning Contractors by to thereof. are stpshi Heating, be not heard of will designed to the not prior economic Piping operate tond approvaprocesChaptand to will diA
5

For these reasons, therefore. I have approved said H~eatiigr, 

and Air Conditioning Contractors Chapter of the Code of Fai

petition of the ConstructionL Industry.

Respectfully,

ITGII S. JOHNSON,

Admin ist

JULY 23, 1934.
CHAPTER XVI

SUPPLEMENTARY CODE OF FAIR COMPETITI

THE HEATING, PIPING, AND AIR CONDITIONIN

TRACTORS' DIVISION OF THE CONSTRUCT

DUSTRY

ARTICLE I-DEFINITIONS 1

SEIc'ON 1. (a) The term " Heating, Piping, and Air Co

Contractors Division ", or " this division ", as used herein 

cude the furnishing and installing of systems, or parts th

steam and hot water heating, ventilating, refrigeration, 

tioning, power piping, industrial process piping, sprinkl

temperature control piping, high and low pressure boiler

oil burning units, pneumatic piping, hydraulic power pipin

apparatus, appurtenances and piping systems in connect

With, regardless of whether such piping conveys steam, w

brine, ammonia, oil or other fluids or other commercial pr

products in course of manufacture; and

(b) pipe covering and painting when required by, and in

the contract for any of the services or operations described 

graph (a) of this section, and not performed under sub-co

by a member of this division; and

(c) sheet metal work when required by, and included in

tract for any of the services or operations described in p

(a) of this section, and not performed under a sub-contr

a member of this division; provided, however, that the 

scribed in this paragraph shall be performed under con

less stringent than prescribed in any Chapter of this cod

to hoofin and Sheet Metal Contractors, and provided fu

no bids for such work shall be submitted under such Chap

assessment be chargTed thereutinder against members of the 

Piping, and Air Conditioning Contractors Division.

(d) such branches or subdivisions of the services or o

included in para graphs (a), (b) and (c) of this section as 

time to time be included under the provisions of this Cha

(e) the provisions of this Chapter shall not apply to a

operations above mentioned when performed 10y a manufa

his own premises and by his own employees and not for c

tion such to andures. 1 Soe repair or to industry, manufacturer's industry, paragraph hire Nor minor and but. shall 2 items maintenance items chargeable provided, for (2) the of such of provisions order replacement manufacturer's however, approving as of (6)defined that this this chargeable Code. such Chapter own in operations use theo to within apply operating approved capital to are the t
7

vision by supervisors and specially trained technicians at th

connection with the installation of a manufacturer's produ

vided such services are required to safeguard the manufactu

sponsibility for the performance of such product.

SECTION 2. The words " sprinkler piping " as used in this 

shall be construed as not including the installation of au

sprinkler equipment for fire protection purposes, as such insta

are under the jurisdiction of the Automatic Sprinkler Code.

SECTION 3. Home-owners and householders, including 

shall not be deemed to be included within the definition cont

Section 1 in their performance individually or by their pe

servants or other help of like character on their home prem

any services described in such definition; nor shall any such 

or any building owner or tenant, performing such services 

permanent employees and not for hire on or in buildings or st

owned or occupied by him, be deemed to be included 

definition.

The terms " permanent employees " and " permanent serva

used in this section mean and include any employee or serv

is given regular and continuous employment for a period of 

than six (6) months.

SECTION 4. The term " combination bid " is herein defined 

bid including any work within this division, together with w

within this division.

SECTION 5. The term "Association " as used herein shall m

Heating, Piping anfd Air Conditioning Contractors Nation

ciation.

SECTION 6. The term " journeyman steamfitter " is herein 

to mean any employee qualified by examination who has s

least five years as a learner in the steamfitting trade (eithe

apprentice or helper).

SECTION 7. The term " apprentice " is herein defined as a 

of the steamifitting trade who is undergoing a definite course 

ing, which when completed will make him a journeyman ste

ARTICLE II-HOURS, WAGES AND CONDITIONS OF EMPLOYM

SECTION 1. (a) In the Northern Zone, no journeyman ste

shall be paid less than $1.20 per hour; in the Central Zone, 

j

neyman steamfitter shall be paid less than $1.10 per hour

Southern Zone, no journeyman steamfitter shall be paid l

$1.00 per hour, and in all zones, no apprentice shall be paid l

$12.00 per week.

(b) The Northern Zone shall consist of: Maine, New Hai

Vermont, New nois, gia,nia, Oregon, Oklahoma, (d) (c) Florida, Iowa, Jersey, Tennessee, The The South Massachusetts, Texas Central North Souern Indiana, Arkansas, Dakota, Colorado, and Dakota, Zone Zone New Wisconsin, Minnesota, Nebraska, Idaho, Alabama, shall Rhode Mntana shall Mexico. Utah, consist Pennsylvania, consist Island, California, North Mississippi, Louisiana, and of: Washington. of: Delaware, Connecticut, South Ohio, CarolinaMarylaCarolinMichigNew WA
8

Virginia, Kentucky, Missouri, Kansas, Nevada and D

Columbia.2

SECToN 2. Watchmen shall not be permitted to work m

fifty-six (56) hours per week.

SECTION 3. Employees engaged in professional, executive, 

visory work are exempt from the provisions relating to h

wages of Chapter I and of this Chapter only when receiv

thirty-five dollars ($35.00) per week.

SECTION 4. No employee shall be paid at a lower rate 

than provided in Chapter I of this Code.

SECTION 5. (a) All wages due shall be payable weekly 

currency or by negotiable check. These wages shall be exe

any payment for pensions, insurance or sick benefits other t

voluntarily paid by employees. Employers or their agents 

accept, directly or indirectly, rebates on such wages or give 

of value nor extend any favors to any person for the p

influencing rates of wages or working conditions of their e

The provisions of this section regarding payment of wag

end of each weekly period shall not apply to persons empl

managerial or executive capacity who earn not less than t

dollars ($35.00) per week, nor to persons employed in c

office work, who shall be paid at the end of pay periods not 

monthly periods.

(b) Every employer shall make reasonable provisions 

safety and health of his employees at the place and during 

of their employment. Standards for safety and health sha

initted by the Divisional Code Authority to the Admini

soon as practicable after the effective date of this Code.

SECTION 6. No member of this Division shall directly or 

sublet (whether by the practice known as " lumping " of 

otherwise) to any employee, other journeyman, helper o

solely the labor services within the scope of this Chapter.

In no case shall a member of this Division avoid or evade 

provisions of this Chapter by contracting his work to any 

persons subject to labor provisions less stringent than those 

in this Chapter.

ARTICLE Ill-ADMINISTRATION

SECTION 1. (a) A Divisional Code Authority is hereby c

to administer this Code within this Division. The Divisio

Authority shall consist of eleven (11) individuals, or s

number as may be approved from time to time by the Adm

(b) Seven (7) members of the Divisional Code Autho

be members or representatives of the Association, appoint

within by cessors to Division Board tially S See the and paragraph selected Administrator, of shall tis approved who Directors. Division have are 2 on(1) not been a by of fair members The by the order the said non-members selected basis the Administrator), four approving Board from of (by (4) the this a remaining non-members of method Association. Code. Directors, by to ofmembers the servelection of subject memberthe until shsaA
9

(c) After said Divisional Code Authority has been duly 

lished, the members thereof may, in manner and form requ

law, incorporate in the State where the interests of said b

best served, provided, however, that said corporation is not or

for profit.

SECTION 2. Review of ACts of Code Authoritie.-If the A

trator shall determine that any action of the Divisional Code 

ity or any agency thereof may be unfair or unjust or contrary 

public interest, the Administrator may, to the extent of hi

under the Act, require that such action be suspended to af

opportunity for investigation of the merits of such action and 

consideration by the Divisional Code Authority or agency 

final action which shall not be effective unless the Admin

approves or unless he shall fail to disapprove after thirty day

to him of intention to proceed with such action in its orig

modified form.

SECTION 3. It being found necessary, in order to support the 

istration of this Chapter and to maintain the. standards of fa

petition established by this code and to effectuate the pol

the Act, the Divisional Code Authority is authorized, subjec

approval of the Administrator:

(a) to incur such reasonable obligations as are necessa

proper for the foregoing purposes and to meet such obligati

of funds which may be raised as hereinafter provided and whi

be held in trust for the purposes of this Chapter.

(b) to submit to the Administrator for his approval within 

days after the effective date of this Divisional Chapter, su

such notice and opportunity to be heard as he may deem ne

(1) an itemized budget of the estimated expenses for the fo

purposes and (2) an equitable basis upon which the funds n

to support such budget shall be contributed by members 

division.

(c) after such budget and basis of contribution have been ap

by the Administrator, to determine and secure equitable contri

as above set forth by all such members of this division, and 

end, if necessary, to instigate legal proceedings thereunder in 

name, provided, however, that a member of this division 

deemed in violation of this code only if he fails to pay such 

ment after thirty days of the receipt of the notice of assessm

SECTION 4. Only members of the division complying with t

and contributing to the expenses of the administration of thi

ter as provided in Section 3 of this Article shall be entitled to 

pate in the selection of the members of the Divisional Code 

ity or to receive the benefits of its voluntary activities or to m

of Afteruthority tion with, non-payment share any of of the emblem this the orrquirements code. to costs or its insignia of properly by code a of member of the administration the authorized Administrator National of this agency, Reovery division to the have constitutes DivisionaAdminisof been ace
10

ARTICLE IV-FAui TRADE PRACTICE REGULATIONS

The following provisions are adopted as rules of Fai

Practice for members of this division, and any violation of s

shall constitute an unfair method of competition and a vio

this Code:

(a) No member of this Division shall induce or attempt t

the breach of a contract between a competitor and his c

provided that nothing in this rule shall be taken to prevent 

her of this Division who has quoted upon the plans and/

fications involved from calling to the attention of the purcha

the approval of the Divisional Code Authority, even though 

has been made, that the plans and/or specifications upon w

contract has been awarded or the work as being installed do

not conform in quantity or quality to the plans and/or spec

on which the interested member of this division has quoted

(b) No member of this Division shall advertise, name, 

bill materials, fixtures, apparatus, or installations as to qu

quality in any manner which is intended to or does m

deceive purchasers.

(c) No member of this Division shall receive, pay or allo

rebates, refunds, credits or unearned discounts, whether in 

of money or otherwise, or extend to certain purchasers co

prices, special service, or privileges not specifically mention

original specifications.

(d) No member of this Division shall agree to furnis

labor, materials, fixtures, apparatus or installations for anj

less than the estimated cost thereof. In connection with 

estimated cost is defined as the sum of the estimated cost 

including liability and compensation insurance, and cost of 

including freight and cartage, filing fees and any other direc

applicable to the job and an amount for overhead. The am

overhead shall not be less than twelve and one-half percent 

of the combined cost of labor including liability and com

insurance, and the cost of material including freight and ca

shall be a defense to any charge of violation of this paragra

party charged shall satisfy the Administrator that his bid 

less than the estimated costs of any other member of the ind

(e) No member of this Division shall substitute any m

fixtures, apparatus or installations for the kind specified 

written approval of the engineer or architect if any, 

purchaser. (f) No member of this Division shall give, permit to 

or directly offer to give, anything of value for the purpose 

encing or rewarding the action of any employee, agent or re

tivehe bribery ployee, distribution asbove 3 See such knowledge of paragraph defined. another the provisions articles principal of 2 articles relation of (8) are shall suchof actually of order commonly such not to employer, approving the be used agent construed business this for used principal or Code. the commercial for advertising of to represented the prohibit or employer of party. bribery ?ree partyexceCoana
11

(g) No member of this Division shall make or cause to 

or published, any statement which is false or inaccurate

material particular, concern the go ds, prices, values, cre

policies or services of a competitor.

(h) No nieiber of this Division shall accept or give s

bonds, miortgages, stock, prVomlissory notes, or other persona

property, as whole or part payment for work or material, 

than its fair market value, to be determined in doubtful 

independent and competent, appraisal.

(i) Second hand material, obsolete or outmoded material 

offered and installed only as such.

(j) No member of this Division shail furnish plans and/

fications for installation of work covered by this Code, fo

any owner or owners or his or their repreentative for the 

of taking competitive bids, CxCept in accordance with the p

of the Construction Industry Code. (in Chapter I or in 

neering Division Chapter) which take jurisdiction over Eng

(k) No member of this Division when as an individual 

tools of the trade shall work a greater number of hours o

for his services a lower hourly rate than provided for in C

or in this Chapter.

(1) To protect the public against inadequate installation

bers of this Division shall install all work in accordance 

applicable municipal or state law then existing and, where 

flicting therewith, in accordance with the published Eng

Standards of the Association, except where otherwise req

definitely prepared plans and written specifications furnishe

owner or his authorized representative. When the welding 

is used the work shall be done in accordance with the Weldin

ards and Specifications of the Association. The standard

Association mentioned in this paragraph shall not be bintd

members of the industry until approve d by the Adminnistrato

(m) No member of this Division shall place (for the s

terial for a specific job for which he has the contract) blank

or future delivery contracts with more than one concern 

total so ordered is in excess of the material estimated to be 

for such job. Future delivery orders or contracts for spe

shall contain sufficient information to identify definitely th

which the orders are placed.

(n) No member of this Division shall be a party to th

practice of " bid peddling " or " bid shopping " as defined in 

I hereof.

(o) In competitive bidding, the following rules shall app

(o-1) No member of this Division shall submit bids to an

bound by this Code unless he expressly agrees to comply 

VII bid regulations of amounting simultaneously designated (o-2) estimates, or of bids Chapter In by to governing order and twohe any with I all Divisional hereof. hundred to member revisions the provide an submitting awarding and of Code a thereof fifty dollars check on this Authority of Division authority with bid the or an ($250.00) or accuracy and bids bidding impartial its provided authorizefile or copion mdin j
12

sentative; the same to be kept sealed and confidential unti

four (24) hours after the bids are due or until after the 

the contract, following which the low or successful bid on

disclosed to the bidders, except that a Committee of review 

confidential access to the files of bid depositories.

(o-3) In the case of combination bids, or revisions th

bid for the work not included in this Division shall be sep

distinct froni any bid for work within this Division, and 

bination bid shall be the aggregate of said separate and dis

(o-4) Each bid filed in accordance with paragraph (o-2

Section shall be accolmpanied by a fee of one dollar ($1.00). 

purposes of this paragraph, identical (except for name 

dress of recipient) copies of the same bid given to differe

for the sanie job shall be construed as one bid. The Divisio

Authority shall use funds so received to pay the expenses 

ating bid depositories. Account of the receipts and expen

bid depositories shall be kept and the same shall be op

Administrator or his representatives for inspection.

(o-4) Upon request of any bidder a committee shall be 

by the Divisional Code Authority or its authorized repre

which committee shall be empowered to investigate an

determine whether any provisions of this Code have been 

in such bid. In the event such committee shall find 

of fair competition have been violated, the violations sh

ported to the Divisional Code Authority for such action a

proper in accordance with this Code, including in appropr

with the approval of the Administrator, report to the 

District Attorney or the Federal Trade Commission.

ARTICLE V-PoSTING

Copies of Chapter I and this Chapter shall be kept con

posted from the time of effective date in a conspicuous 

the office or shop of each member of this Division.

ARTICLE VI-MODIFICATIoN

Subject to the provisions of Article IV, B, Section 

Chapter I hereof, the provisions of this Chapter except a

visions required by the Act, may be modified on the ba

perience or changes in circumstances, such modifications to 

upon application to the Administrator and such notice an

as he shall specify, and to become effective on his approv

such application may be made by the Divisional Code A

are Chapter erence effect all provided, The other set ARTICLE as with provisions forth if I provisions of apply set the this in forth XII-REFERENCE same Sections within of Code, herein Sections of force are Chapter this 1 in and and specifically full., 7 Division effect TO (a) 6 I respectively PROvISIONs of and as this incorporated with if 10 set Code, (b) the forth OF of of except same CHAPTEArticle thereihereiAf
13

ARTICLE VIII-EFFECTIVE DATE

This Code shall become effective in this Division on the 

(15th) day after its approval by the Presidet.

Approved Code No. 244-Supplement No. 16.

Registry No. 113(")3.

0
UNIVERSITY OF FLORIDA

3 1262 08855 7441