Approved Code No. 98-Amendment No.2 Registry No. 1314-01 

NATIONAL RECOVERY ADMINISTRATION 

AMENDMENT TO 

CODE OF FAIR COMPETITION 

FOR THE 

FIRE EXTINGUISHING 

APPLIANCE MANUFACTURING 

INDUSTRY 

AS APPROVED ON OCTOBER 10, 1934 

WE DO OUR PART 

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U.S. DEPOefY~ ttt------.-.....--4-N I TED STATI:S 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documen ts, Washin6ton. D. C. - - - - - - • - Price 5 cen ts 
Q."his 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 COMMERCB 

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. 98-Amendment No. 2 

AMENDMENT TO CODE OF FAIR COMPETITION 

FOR THE 

FIRE EXTINGUISHING APPLIANCE MANUFACTURING INDUSTRY 

As Approved on October 10, 1934 

ORDER 

APPROVING AMENDMENT OF CoDE oF FAIR CoMPETITION FOR THE 

FIRE ExTINGIDSHING APPLIANCE MANUFACTURING INDUSTRY 

An application having been dnly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933J for the approval of an amendment to a Code of Fair Competition tor the Fire Extinguishing Appliance Manufacturing Industry; Opportunity to be Heard having 

been noticed to all interested persons, and no objections having been 

filed; and the annexed report on said amendment, containing findings 

with respect thereto, having been ma& and directed to the President: 

NOW, THEREFORE, on behalf of the President of the United 

States, TheN ational Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order No. 6859, dated September 27, 1934, and otherwise; 

does hereby incorporate, by reference, said annexed report and does 

find that said amendment and the Code as constituted after being 

amended comply in all respects with the pertinent frovisions and 

will promote the policy and purposes of said Title o said Act, and 

does hereby order that said amendment be and it is hereby approved, 

and that the previous approval of said Code is hereby amended to 

include an approval of said Code in its entirety as amended. 

NATIONAL INDUSTRIAL REcOVETIY BoARD, 

By G. A. LYNCH, Administrative Officer. 

Approval recommended: 

BARTON W. MuRRA.Y, 

Divi ·ion Ad1ninistrator. 

'VASHINGTON, D. c., 

October 10, 1934. 

90023°----1244-33----34 (1) 
REPORT TO THE PRESIDENT 

~he PRESIDENT, 

The White House. 

Srn: This is a report on Amendments to the Code of Fair Competition for the Fire Extinguishing Appliance Manufacturing Industry. In accordance with the requirements of the National Recovery 

Administration, due opportunity to be heard was afforded to all interested persons. No objections were filed. 

The Amendments are designed, primarily, to correct certain obvious typographical errors, as well as to supply certain requirements 

which the Code lacked. 

FINDINGS 

The Assistant Deputy Administrator in his final report to us on 

said Amendments to said Code having found as herein set forth and 

on the basis of all the proceedings in this matter: 

vV e find that: 

(a) The amendment 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 obstructions to the free flow of interstate 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 of labor and management under adequate govf'rnmental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the 

present productive capacity of industries, by a'Yviding undue restriction of production (except as may be temporarily required), by 

increasing the consumption of industrial and agricultural products 

through increasing purcha ing 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 pertinent provisions of said Title of said Act, including without limitation sub-section (a) of Section 3, sub-section (a) of Section 7 and 

sub-section (b) of Section 10 thereof. 

(c) The Code empowers the Code Authority to present the aforesaid amendment on behalf of the industry as a whole. 

(d) The Amendment and the Code as amended are not designed 

to and will not permit monopolies or monopolistic practices. 

(e) The Amendment 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. 

(2) 
3 

(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 

amendment. 

For these reasons, therefore, we have approved this Amendment. 

Respe~tfully, 1 

NATIONAL INDUSTRIAL RECOVERY BoARD, 

By G. A. LYNCH, Administrative Officer. 

OCTOBER 10, 1934. 
AMENDMENT TO CODE OF FAIR COMPETITION FOR 

THE FIRE EXTINGUISIDNG APPLIANCE MANUFACTURING INDUSTRY 

Amend Article II by deleting Sections 1, 6, and 7, and renumbering 

the remaining Sections so that they will be 1 to 9 inclusive. 

Amend Article II, old Section 10 (New Section 7) to read as 

follows: 

SEc. 7. "The term 'Employee', as used herein, includes any and 

all persons engaged in the industry, however compensated, except a 

member of the industry." 

Add a new Section 10 to read as follows: 

SEc. 10. "The terms 'President', 'Act' and' The National Industrial Recovery Board', as used herein, mean respectively the President of the United States, Title I of the National Industrial Recovery Act and the National Industrial Recovery Board." 

Amen<l Article III, Section 3, to read as follows: 

SEc. 3. "No employer shall knowingly permit any employee to 

work for any time ·which, when added to the time spent at work for 

another employer or employers in this Industry (or otherwise), exceeds the maximum permitted herein." 

Amend Article IX-W ages, to read Article IV-W ages. 

Amend Article V t Section 5, by deleting the present wording and 

substituting the following: 

SEc. 5. No provision in this Code shall supersede any State or 

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

health, sanitary or general working conditions, or insurance, or fire 

protection, than are imposed by this Code. 

Amend Article V, Section 6, by deleting the present wording and 

substituting the following: 

SEc. 6. No employer shall reclassify employees or duties of occupations performed or engage in any other subterfuge so as to defeat 

the purposes or provisions of the Act or of this Code. 

Amend Article Vi Section 7, by deleting the present wording and 

substitutina the fol owing: 

SEc. 7. All employers shall post and keep posted copies of this 

Code in conspicuous places accessible to all employees. Every member of the industry shall comply with all rules and regulations relative to the posting of provisions of Codes of Fair Competition which 

may from time to time be prescribed by the National Industrial 

Recovery Board. 

Amend Article V by adding a new Section thereto, to read as 

follows: 

SEc. 8. No employer shall dismiss or demote any employee for 

making a complaint or giving evidence with respect to an alleged 

violation of the provisions of this Code. 

(4) 
5 

Amend Article V by adding a new Section thereto, to read as 

follows: 

Sro. 9. Every employer shall provide for the safety and health of 

employees during the hours and at the places of their employment. 

Amend Article VI, Section 2 (d) to read as follows : 

(d) The Code Authority shall study conditions in the industry 

and shall make any recommendations from time to time to the N ationa} Industrial Recovery Board which it deems desirable to further the policies of the Act, including those specifically mentioned 

below, which upon approval of the National Industrial Recovery 

Board and after such hearing as may be prescribecl shall becon...,, a 

part of this Code and shall have full force and effect as provisions 

hereof. 

Amend Article VI by adding a new Section thereto, to read as 

follows: 

SEc. 5. Groups of members of the Industry manufacturing a particular product or products having common interests and problems, 

may be grouped into product subdivisions by the Code Authority for 

administrative purposes. For each such product subdivision there 

shall be an Advisory Committee to assist the Code Authority in the 

administration of the affairs of such product ubdivision, such Committee to be composed of two members of the product subdivision 

appointed or approved by the Code Authority, and one member of 

the Code Authority who shall act as Chairman. 

Amend Article VII, Section 1, to read as follows: 

SECTION 1. M isrepresentation.-Misrepresentation on a price list, 

quotation sheet, advertising matter, etc.: as to the average weight 

or any other feature of a product; or the use thereon of a misleadmg 

comparison with a competitive type of product. A misleading statement as to the business integrity, merchandise, policy, or financial 

standing of any competitor. Misrepresentation on a plate or a label 

or otherwise, either on the merchandise or on its carton, as to an 

exclusive patented, or other feature. 

Amend Article VII, Section 2, to read as follows: 

SEc. 2. Faulty /nvoicin[J.-Fictitious invoicing of merchandise; 

or omission from an invoice of any of the special features of the 

product shipped against the invoice or of any of the terms pertaining 

to the sale. Allowing terms of payment more favorable than 2% 

cash discount lOth proximo or more favorable than net 30th proximo, 

or granting future invoice dating on any shipment of Code products 

(except to "distributors"). 

Amend Article VII, Section 8, to read as follows : 

SEc. 8. Excessive W arranties.-Guaranteeing a product, whether 

voluntarily or on request, on conditions more favorable to the purchaser than the following : Freedom from defects in material and 

workmanship under the use and service for which the product is 

recommended by the manufacturer; obligation to replace or repair, 

f.o.b. manufacturer's factory, any part or parts returned to his 

factory, transportation charges prepaid, the manufacturer to be 

the judge of wlrether or not the alleged defect is present; no obligation for consequential damages or other items of expense which 

normally cannot be anticipated and equitably comprehended in 

original costs or selling prices. 
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3 1262 08583 0890 

Amend Article VII, Section 9, to read as follows: 

SEc. 9 (a) Dismimination B etu,een Purchasers.-Discrimination 

in prices or terms of sale between purchasers of the same class, 

whether by misclassification or otherwise. 

(b) R egistration of Factory Branches and Distributors.-Failure 

to promptly file with the Impartial Agency of the Code Authority 

a record of the establishment of a Factory Branch or of the appoint- ment of a Distributor. 

Amend Article VII, Section 10 (c), to read as follows: 

(c) Giving a purchaser the benefit of lower prices on orders received prior to or on the effective date of a price increase duly filed 

pursuant to Article VIII of this Code, unless shipment is made 

within twenty (20) days (Sundays and holidays excluded) following 

the effective date of such price increase. A postmark on a letter or 

the filing time on a telegram shall be deemed the date of receipt 

thereof. Provided, however, that nothing in this paragraph (c) 

shall apply to a written order from the Federal Government or a 

State Government or a county or municipality; or to a written order 

for a specified quantity of Code products for a specified building 

or other construction project, if a record of such order is filed with 

the Secretary of the Association at the time of its acceptance. 

Amend Article IX, Section 2, to read as follows: 

SEc. 2. If the operation of any provision of this Code should interfere with the exercise of existing lawful patent rights or of rights 

under an existing lawful patent licensing agreement, any one affected 

thereby may apply to the Code Authority, which shall have power to 

grant an exemption, subject to the approval of the National Indus- trial Recovery Board. 

Amend Article IX, Section 4, by deleting the present wording 

and substituting the following: 

SEc. 4. Nothing contained in this Code shall constitute the mem- bers of the Code Authority partners for any purpose. Nor shall 

any member of the Code Authority be liable 1n any manner to anyone for any act of any other member, officer, agent or employee of 

the Code Authority. Nor shall any member of the Code Authority, 

exercising reasonable diligence in the conduct of his duties here- : 

unde~ be liable to anyone for any action or omission to act under 

this uode, except for his own wilful malfeasance or nonfeasance. 

Amend Article X, Section 31 to read as follows : . 

SEc. 3. Such of the provisiOns of this Code as are not required 

to be included therein by the Act may, with the approval of the 

National Industrial Recovery Board, be amended or el1minated as 

changes in circumstances or experiences may indicate. It is contemplated that from time to time supplementary provisions to this 

Code will be submitted for the approval of the National Industrial Recovery Board, including in particular, but without limitation 

thereto, supplementary provisions to prevent unfair competition in 

prices and other unfair or destructive competitive practices and to 

effectuate the other purposes and policies of Title I of the Act consistent with the provisions thereof. 

Approved Code No. 98-Amendment No.2. 

Registry No. 1314-01. 

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