Registry No. 1399-03 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

OIL BURNER INDUSTRY 

AS APPROVED ON SEPTEMBER 18, 1933 

BY 

PRESIDENT ROOSEVELT 

2. Report of Administrator 

3. Report of Deputy Administrator 

4. Text of Code 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WA~HINGTON : 1933 

J , 

I 

✓ 

EXECUTIVE ORDER 

CooE OF FAIR Co::M:PETITION, OIL BunNER 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 my approval of a Code of 

Fair Competition for the Oil Burner Industry, and hearings having 

been held thereon and the Administrator having rendered his report 

containing an analysis of the said Code of Fair Competition together 

with his recommendations and findings with respect thereto, and the 

Administrator having found that the said Code of Fair Competition complies in all respects with the pertinent provisions of Title I 

of said Act and that the requirements of clauses (1) and (2) of sub- section (a) of Section 3 of the said Act have been met. 

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

United States, pursuant to the authority vested in me by Title I of 

the National Industrial Recovery Act, approved June 18, 1933, and 

otherwise, do adopt and approve the report, recommendations and 

findings of the Administrator and do order that the said Code of Fair 

Competition be and is hereby approved, subject to the following 

condition: 

(1) To effectuate further the ·policies of the Act, a Code Authority 

be created to cooperate with the Administrator as a Planning and 

Fair Practice Agency for the Oil Burner Industry, which Code 

Authority shall consist of nine representatives, of the Oil Burner 

Industry elected by a fair method of selection, to be approved by the 

Administrator, and three members without vote appointed by the 

Administrator. 

Approval recommended: 

THE WHITE HousE, 

September-, 1933. 

FRANKLIN D. ROOSEVELT. 

(I.II) 

HUGH s. JOHNSON, 

Administrator. 
SEPTEMBER 16, 1933. The PRESIDENT, 

The White House. 

MY DEAR MR. PRESIDENT: This is a report o:f the hearing on the 

Code of Fair Competition for the Oil Burner Industry in the United 

States, conducted in "\Vashington August 21st and 22nd, 1933, in 

accordance with the provisions of the National Industrial Recovery 

Act. 

The following exhibits are included and attached: 

( 1) Final Code submitted. 

(2) Notice of Hearing. 

(3) State1ne11t of Procedure. 

( 4) Statistical Analysis by Research and Planning Division. 

( 5) Transcript of the Records. 

( G) List of witnesses. 

PROVISIONS OF THIS CODE AS TO W .AGES AND HOURS 

(a) The standard work week for the Oil Burner Industry shall 

be as follows : 

1. For manufacturing operations, not to exceed an average of 32 

hour per week during the period January to June, inclusive, and not 

to exceed 40 hours during any one week of that period; not to exceed 

an average of 40 hours per week during the period July to December, 

inclusive, and not to exceed 48 hours during any one week of that 

period; a 1naximmn average of 36 hours per week for the period of 

one year. 

2. For the installation and servicing of oil burne1·s, not to exceed 

an average of 32 hours of labor per week during the period March 

to August, inclusive, and not to exceed 40 hours of labor during 

any one week of that period; not to exceed 48 hours of labor in 

any one week during the period of September to November, inclusive; not to exceed an average of 40 hours o:£ labor per week during 

the period Deceimber to February, inclusive; and not to exceed 48 

hours of labor during any one week of that period; a maximum 

averaae of 38 hours of labor per week for the period of one year. 

3. For office and employees engaged in a managerial or executive 

capacity, receiving less than $35.00 per week, not to exceed a maxin1um average of 40 hours per week, averaged over a six months' 

period, and not to exceed 48 hours during any one week of that 

period. 

(b) It is the declared policy of the Industry that, insofar as consistent with sound business practices, the same personnel shall be 

kept throughout the year. 

(c) The minimum wage rate in the Oil Burner Industry shall be 

not less than 45 cents per hour. · For office or employees engaged in 

a managerial or executive capacity, the minimum wage rate shall 

not be less than $i5.00 per week. This paragraph establishes a 

(IV) 
V 

guaranteed minimum rate of pay regardless of whether the employee 

is compensated on the basis of a time rate or on a piece-work performance or otherwise. 

( d) In the event that any member of the Oil Burner Industry 

shall also be a member of another industry, such member rn.ay, with 

the approval of the Administrator, pay such wages and work such 

ho1J,rs as provided in the approved code governing such other industry. For purposes of pricing products of the Oil Burner Industry, 

however, not less than the above minimum wage shall be used as 

the basis of calculating costs. 

( e.) No person under sixteen years of age shall be employed 

in the Oil Burner Industry; provided, however, that where a State 

law specifies a higher minimum age, no person below that age so 

specified by such law shall be employed in that State. 

ECONO::.\IIC EFFECT OF THE CODE 

The Oil Burner Industry is one of our youngest industries. Partly 

for that reason and partly because the number of employees involved 

in the actual manufacturing process is small, the industry has received very little attention in statistical reports and in compilations 

of business activities. vVhere considered, the data are usually included in larger classifications. The picture is further complicated 

by the fact that part of the total oil-burner production is accomplished in plants or shops which produce other products. 

In 1929, according to Census data, 69 establishments were devoted 

exclusively to the production of oil burners. This had shrunk in 

1931 to 37. The indication from available data is that the firms 

which dropped out were, on an average, very small plants. 

This is a vertical code governing all branches of the industry from 

the manufacturer to the retailer. Taking this into consideration, 

it is estimated that there will be approximately an increase of 8,000 

in employment. The increase in the monthly pay roll throughout 

the industry is estimated at approximately $800,000.00. 

FINDINGS 

The Administrator finds that: 

(a) The Code as recommended complies in all respects with the 

pertinent provisions of Title I of the Act, including, wifhout limitation, subsection (a) of Section 7, and subsection (b) of Section 

10 thereof; and 

(b) . The applicant group imposes no inequitable restrictions on 

admission to membership therein and is truly representative of the 

Oil Burner Industry; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not 

operate to discriminate against them, and will tend to effectuate the 

policy of Title I of the National Industrial Recovery Act. 

It is recommended, therefore, that this Code be immediately 

adopted. 

Respectfully submitted. 

HUGHS. JOHNSON, 

Adniinistrator. 
SEPTEMBER 16, 1933. 

To: General Hugh S. Johnson, Administrator. 

From: R. B. Paddock. 

Subject: Report on the Code of Fair Competition for the Oil 

Burner Industry. · 

This is a report of the hearing on the Code of Fair Competition 

for the Oil Burner Industry of the United States conducted in 

"\Vash.ington on the 21st and 22d of August 1933, in accordance with 

the provisions of the National Industrial Reco-very A.ct. 

The following exhibits are included and attached: 

A. Reports submitted by-

( 1) Industrial Adi;isory Board. 

(2) Consumers' Advisory Board. 

(3) Labor Advisory Board. 

( 4) Legal Division. 

(5.) Research and Planning Division.1 

(6) Final appro-val by all Advisory Boards, Legal Division, Research, and Planning Di vision. 

B. The Code us finally proposed, revised, and accepted by the 

Oil Burner Industry. 

PROVISIONS OF THIS CODE AS TO WAGES AND HOURS 

(a) The standard work week for the Oil Burner Industry shall 

be us follows : 

1. For manufacturing operations, not to exceed an average of 32 

hours per week during the period January to June, inclu;;ive, and 

not to exceed 40 hours during any one week of that period; not to 

exceed an average of 40 hours per week during the period July to 

December, inclusive, and not to exceed 48 hours during any one 

week of that period; a maximum average of 36 hours per week for 

the period of one year. 

2. For the installation and servicing of oil burners, not to exceed 

an average of 32 hours of labor per week during the period 1\1:arch. 

to August, inclusive, and not to. exceed 40 hours of labor during any 

one week .of that period; not to exceed 48 hours of labor in any one 

week during the period of September to November, inclusive; not to 

exceed an average of 40 hours of labor per week during the period 

December to February, inclusive and not to exceed 48 hours of labor during any one week of that period; a maximum average of 38 

hours of labor per week for the period of one year. 

3. For office and employees engaged in a managerial or executive 

capacity, receiving less than $35.00 per week, not to exceed a maxi1 This is included in the group of papers for submission to the Pre ident and is not 

duplicated herein. 

(VI) 
VII 

mum average o-f 40 hour,s per week, averaged over a six-months' 

period, and not to exceed 48 hours during any one week of that 

period. 

(b) It is the declared policy of the Industry that, insofar as consistent with sound business practices, the same personnel shall be 

kept throughout the year. 

(3) The minimum wage rate in the Oil Burner Industry shall 

be not les,s than 45 cents per hour. For office or employees engaged 

in a managerial or executive capacity, the minimum wage shall not 

be less than $15.00 per week. This paragraph establishes a guaranteed minimum rate of pay regardless of whether the employee is 

compensated on the basis of a time rate or on a piecework performance, or otherwise. 

( d) In the event that any member of the Oil Burner Industry shall 

also be a member of another industry, such member may, with the 

approval of the AdJninistrator, pay such wages and work such hours 

as provided in the approved Code governing such other industry. 

For purposes of pricing products of the Oil Burner Industry, however, not less than the above minimum wage shall be used as the 

basis of calculating costs. 

( e) No person under sixteen years of age shall be employed in 

the Oil Burner Industry; provided, however, that where a State 

law specifies a higher minimum age, no person below that age so 

specified by such law shall be employed in that State. 

FINDINGS 

The Deputy Administrator finds that-

( a) The Code as recommended, comP,lies, in all respects with the 

pertinent provisions of Title I of the Act, including, without limitation, suosection (a) of Section 7, and subsection (b) of Section 10 

thereof; and that 

(b) The applicant group imposes no inequitable restrictions on admission to membership therein and is truly representative of the Oil 

Burner Industry; and that 

( c) The Code as recommended is not designed to promote monopolies or to eliminate or oppress small enterprises and will not operate 

to discriminate against them, and will tend to effectuate the policy 

of Title I of the National Industrial Recovery Act. 

From evidence adduced during this he~ring and from recon1-

mendations and reports of the various Advisory Boards, it is believed that this Code, as now proposed and revised, represents an 

effective, practical, equitable solution for this industry, and its 

approval, as herewith submitted, is recommended. 

Respectfully submitted. 

R. B. p AD DOCK, 

Deputy Administrator. 

CODE OF FAIR COMPETITION FOR THE OIL BURNER 

INDUSTRY 

I. PURPOSE 

To effectuate the policy of Title I of the National Industrial 

Recovery Act, this Code is set up for the purpose of increasing employment, establishing fair and adequate wa~es, effecting necessary 

reduction of hours, improving standards of labor, and eliminating 

unfair trade practices, to the end of rehabilitating the Oil Burner 

Industry and enabling it to do its part toward establishing that 

balance of industries which is necessary to the restoration and 

maintenance of the highest practical degree of public welfare. 

No provision in this Code shall be interpreted or applied in such 

a manner as to promote monopolies 1 or monopolistic practices, permit 

or encourage unfair competition or eliminate, oppress or discriminate 

against small enterprises. 

II. PARTICIPATION 

Each member of the Industry, subject to the jurisdiction of this 

Code and accepting the benefits of the activities of the Code Authority hereunder, shall pay to the Code Authority his proportionate 

share of the amounts necessary to pay the cost of assen1bling, analyzing, and publication of such reports and data, and of the 1naintenance 

of the said Code Authority and its activities; said proportionate 

share to be based upon -value of sales, as the Code Authority, with 

the approval of the Administrator, may prescribe for each division 

or subdivision. 

III. DEFINITIONS 

A. Classes of Eqnipnient.-For the purpose of the administration 

this Code all products of the Oil Burner Industry shall be broadly 

defined as follows : 

Class 1. Domestic Oil Burners which shall be motor driven or 

otherwise, designed primarily for use with central heating plants 

in one or two family dwellings or similar uses. 

Class 2. Commercial Oil Burners which shall be motor driven 

or othe~wise, designed primarily fo~· applicatio~ to t~10 _heating plants 

of multiple cl,velhngs and commercial and public bu1ldmgs or similar 

uses. 

Class 3. Boiler-Burner Units which shall be combinations of oil 

burn~rs and boiler or furnaces, designed primarily for heatino· domestic or commercial types of buildings or similar uses. b 

11103°-133-35-33 tl) 
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Class 4. Distillate Oil Burners which shall be burners designed 

primarily for use in connection with cooking ranges, space heaters 

and domestic water heaters or similar uses as follows: 

(a) Conversion burners consisting of distillate burners designed 

to be installed in cooking and heating units. 

(b) Cooking or heating devices manufactured expressly for use 

with oil burners, the burners becoming an integral part of the unit 

at the point of manufacture. 

Class 5. Industrial burners, which shall be burners designed primarily for producing heat or power for industrial process and/or 

purpo es. 

B. Units of the lndit.stry.-Where used in this Code the following 

definitions shall apply: 

1. Manufacturers are persons, including but not limited to, indi- . viduals, partnerships, associations, or corporations engaged in the 

production of oil burners by fabrication and/or assembly. 

2. Distributors are persons, including but not limited to, individuals, partnerships, associations, or corporations operating under 

a contract and/or franchise to purchase burners from a manufacturer and whose oil-burner business is the sale of oil burners to 

dealers for resale at retail. 

3. Dealers are persons, including, but not limited to, individuals, 

partnerships, associations, or corporations operating under a contract and/ or franchise with a manufacturer or distributor and whose 

oil-burner business is the sale of oil burners at retail. 

IV. LABOR PROVISIONS 

The following labor provisions are hereby esta.bHshed for the 

oil-burner industry: 

(a) Employees in the Oil-Burner Industry shall 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 employers of labor or their agents, in the designation 

of such representatives or in self-organization or in other concerted 

activities for the purpose of collective bargaining or other mutual 

aid or protection. 

(b) No employee and no one seeking employment in the OilBurner Industry shall be required as a condition of employment 

to join any company union or to refrain from joining, organizing, 

or assisting a labor organization of his own choosing. 

( c) Employers in the Oil-Burner Industry shall comply with the 

maximum hours of labor, minimum rates of pay, and other conditions of employment, approved or prescribed by the President of the 

United States. 

B. Standard Work Week and Minimwm Wage.-(a) The standard 

work week for the Oil-Burner Industry shall be as :follows: 

1. For manufacturing operations, not to exceed an average of 

32 hours per week during the period January to June, inclusive, and 

not to exceed 40 hours during any one week of that period; not to 

exceed an average of 40 hours per week during the period July to 

December, inclusive, and not to exceed 48 hours during any one week 
3 

of that period; a maximum average of 36 hours per week for the 

period of one year. 

2. For the installation and servicing of oil burners, not to exceed 

an average of 32 hours of labor per week during the period !liarch 

to August, inclusive, and not to exceed 40 hours of labor during 

any one week of that period ; not to exceed 48 hours of labor in any 

one week during the period of September to November, inclusive; 

not to exceed an average of 40 hours of labor per week during the 

period December to February, inclusive, and not to exceed 48 hours 

of labor during any one week of that period; a maximum average of 

38 hours of labor per week for the period of one year. 

3. For officers and employees engaged in a managerial or executive 

capacity, receiving less than $35.00 per week, not to exceed a maximum average of 40 hours per week, averaged over a six months' 

period, and not to exceed 48 hours during any one week of that 

period. 

(b) It is the declared policy of the Industry that, insofar as consistent with sound business practices, the same personnel shall be 

kept throughout the year. 

( c) The minimum wage rate in the Oil-Burner Industry shall be 

not less than 45 cents per hour. For office or employees engaged in a 

managerial or executive capacity, the minimum wage shall not be 

less than $15.00 per week. This paragraph establishes a guaranteed 

minimum rate of pay regardless of V\Thether the employee is compensated on the basis o:f a time ntte or on a piece-work performance, 

or otherwise. 

( d) In the event that any member of the Oil-Burner Industry shall 

also be a member of another industry, such member 111.ay, with the 

approval of the Administrator, pay such wages and work such 

hours, as provided in the a pp roved code governing such other industry. For purposes of pricing products of the Oil-Burner 

Industry, however, not less than the above minimum wage shall be 

used as the basis of calculating costs. 

( e) No person under sixteen years of age shall be em ployed in 

the Oil-Burner Industry; provided, however, that where a State law 

specifies a higher minimum age, no person below that age so specified 

by such law shall be employed in that State. 

V. CosT PROVISIONS 

No member of the Oil-Burner Industry shall sell or exchange any 

product of the industry at a price below his own individual cost as 

determined by a standard cost accounting system to be set up by the 

Code Authority for the Oil-Burner Industry, subject to the approval 

and supervision of the Administration. (a) Pursuant to the above 

provision, the Code Authority shall endeavor to develop and submit 

to the Administrator for approval within 120 days after the effective date of this Code a uniform syste1n of cost accounting designed 

to make possible the accurate determination by each member of the 

industry of his own individual cost. 

Upon approval by the Administrator of such system of cost accounting, complete advice concerning it shall be distributed by the 

Code Authority to all members of the Oil-Burner Industry. There~ 
4 

a:fter no member o:f the indu try shall ell or exchange any product 

o:f the industry at a price below his own individual cost. 

(b) Since it has been the general recognized practice o:f the OilBurner Industry to sell products on the basis o:f printed net price 

lists or price lists with discount sheets and fixed term o:f payment 

which are distributed to the trade, each member of the Oil-Burner 

Industry shall, within five days after the effective date of this Code, 

file with the Code Authority of the Oil-Burner Industry a net price 

list or a price list and discount sheet as the case may be, individually 

prepared by him, showing his current prices or prices and discounts 

and terms o:f payment. Revi~ed price lists, with or without discount 

sheets, may be filed from time to time thereafter with the Code 

Authority by any member of the indu try to become effectiYe upon a 

date specified by such member of the industry, which date hall be 

not less than ten ( 10) days after the filing of such revised prices at 

the office of the Code Authority, and copies thereof, with notice of 

the effective date specified, shall be immediately sent to all known 

members o:f the industry, who may file, i:f they so desire, revisions 

of their price lists and/ or discount sheets, which, if filed not less 

than five days previous to such effective date, shall take effect upon 

the date when the revised price Jjst or discount sheet first filed shall 

go into effect. 

I:f the Code Authority shall determine that any member of the 

industry is not selling its products on the basis of price lists, with 

or without di count sheets, with fixed terms of payment and that 

a system of selling on net price lists or price list and discount sheets 

should be put into effect, then such member of the industry, within 

ten (10) days after notice of the decision of the Code Authority 

nnder this paragraph, shall file with the Code Authority net price 

lists or price lists with discount sheets, containing fixe l terms of 

i,ayment; such price lists and/ or discount sheets and term:5 of payment may be revised in the manner herein above provided. However, it is provided that the determination of the Code Authority 

as aforesaid shall be subject to the .approval of the Administration. 

(c) No member of the Oil Burner Industry shall sell or exchange 

any product of the industry at prices lower or discounts greater or 

on more favorable terms of payment than t9-e approved schedule 

of such member on file at the office of the Code Authority as above 

provided. 

( cl) It is hereby provided that the operation of the foregoing 

provisions in regard to price lists shall at all times be subject to 

the approval of the Administrator and, if it be the belief of the 

Code Authority or of a.ny member of the industry that any price 

list submitted represents sales b2low the cost of the member submitting same, the date of effectiveness of such list shall automatically 

be delayed an additional ten ( 10) days in order that an investigation 

may be matle, by the Code Authority, to determine the propriety of 

such objection. If it is found or determined by the Code Authority 

that said prior list represents figures below cost, as defined by the 

Code Authority and approved by the Administration, such price list 

shall be withdrawn and revised price lists submitted. 
5 

VI. INDUSTRY REGULATIONS 

1. Fraudulent and deceptiYe practices, false or misleading advertising, mislabeling, mi~b_randing, or the removal of manufacturers' 

labels, is unfair compet1t10n. 

2. The misappropriation of a competitors' business by inducing 

breach of contracts, espionage, piracy of styles or designs, i'mitation 

of trade names, is unfair competition. 

3. Defamation of competitors or of competitors' products is unfair competition. 

4. The sale of oil burners or oil-burning equipment below cost 

and/or below published prices filed with the Code Authority, as 

herein provided, is unfair competition. 

5. The giving of secret rebates, special service , discounts, free display units, or advertising allowances in excess of an amount equal 

to that expended by a dealer for local advertising and not in any 

case in excess of $10.00 per burner sold, or the providing for the 

absorption of transportation costs, is unfair competition. 

6. Commercial bribery in the form of gratuities to salesmen or employees of distributors or dealers or the offering of rewards or premiums to purchasers of oil burners, or the payment of permit and/or 

inspection fees, or the giving away or selling of fuel oil at less than 

the prevailing market price in the territory, is unfair competition. 

7. The acceptance of monies from fuel-oil suppliers by oil-burner 

distributors, dealers, or manufacturers for fuel oil delivered to users 

of the particular make of oil burner, where the oil-burner distributor, 

dealer, or manufacturer does not secure the signed contract for the 

fuel oil, is unfair competition. 

8. Trade-in allowances for a burner greater than the scrap value 

thereof, or in excess of $25.00 for class 1 or 2 burners or in excess of 

$1.50 for class 4 (a) burners, is unfair competition. 

9. The retail sale of oil burners on time payments extending more 

than nine (9) months, which carry financing terms more liberal 

and/ or charges more liberal than 80 percent of the charges made by 

reputable financing institutions, whose principal business is the discounting of installment contracts, is unfair competition. 

10. Rendering service for class 1, 2, or 3 burners beyond the first 

year after date of installation for less than $10.00 per year, replacement of parts extra at not less than cost, is unfair competition. 

11. It is unfair competition to negotiate or enter into distributor 

or dealer contracts and/ or franchises which do not include uniform 

clauses: 

A. Between class 1, 2, or 3 manufacturer and distributer; class 1, 

2, or 3 manufacturer and dealer; or between class 1, 2, or 3 distributor 

and dealer, providing as follows : · 

(1) That violation of the Code for the Oil Burner Industry will 

make the contract and/or franchise subject to immediate cancellation. 

(2) The following standard guarantees: 

(a) The manufacturer guarantees all parts of the equipment 

shipped under this agreement for one year ( and no longer) from 

date of installation thereof against defective material or workmanship (but not against damage caused by accident, abuse. or faulty 

installation) when the equipment is installed in accordance with the 
6 

manufacturer's specifications, and will repair or replace free of 

charge, f.o.b. factory all such defective parts if returned to the 

factory, charge prepaid. The manufacturer's liability for damages 

caused by any such defective parts shall be limited to such repair 

or replacement and in no event shall the manufacturer be liable for 

indirect or consequential damages. 

(b) The dealer agrees to gu~rantee to all of his customers who purchase oil burners from him, free ser~ice, day and night for at least 

three (3) heating-service months, and not more than twelve (12) 

months from date of installation, and free replacement of parts, due 

t.o defective material or workmanship, for a period of one year from 

date of installation, unless waiver of this provision be securecl from 

the purchaser in writing at or before the time of sale. 

B. Between Class 4 manufacturer and distributor; cla s 4 manufacturer and dealer; or between class 4 distributor and dealer providing as follows : 

( 1) That violation of the Code for the Oil Burner Industry will 

make the contract and/or franchise subject to immediate cancellation. 

(2) The following standard guarantee: 

. (a) The manufacturer guarantees all parts of the equipment 

shipped under this guarantee for one year ( and no longer) from 

date of installation thereof against defective material or workmanship (but not against damage caused by accident, abuse, or faulty 

installation) when the equipment is installed in accordance with 

the manufacturer's specifications, and will repair or replace free of 

charge, f.o.b. factory, all such defective parts if returned to the factory, charges prepaid. The manufacturer's liability for dam.age 

caused by any such defective parts shall be limited to such repair or 

replacement and in no event shall the manufacturer be liable for 

indirect or consequential damages. 

VII. ADMINISTRATION OF CODE 

1. To effectuate further the policy of the Act, a Code Authority 

is hereby designated to cooperate with the Administrator as a Planning and Fair Practice Agency for the Oil Burner Industry. This 

Code Authority shall consist of twelve members as follows: 

(a) Five members who shall be members of the Executive Committee of the American Oil Burner Association, Inc. 

(b) One member who shall be the Chairman of the Board of 

Governors of the Dealer Division of the American Oil Burner 

Association. 

( c) One member who shall be the President of the Distillate Oil 

Burner Manufacturers Association or his nominee. (cl) One member who shall be the President of the Pacific Coast 

Oil Burner Association or his nominee. 

( e) One member who is not a member of any of the above Associations and who shall be selected by the Administrator. 

(f) Three nonvoting members who shall be appointed by the 

Administrator. 

The Code Authority may present to the Administrator recommendations based on the conditions in the industry as they develop 
7 

from time to time which 1'ill tend to effectuate the operation of the 

provisions of this Code and the policy of the National Recovery 

Act. In addition, it shall have the power to require from time to 

time such reports from the industry as in its judgment may be 

necessary to advise adequately on the administration and enforcement of the provisions of this Code in cooperation with the Administrator. ' 

la. In addition to information required to be submitted to the 

Code Authority, there shall be furnished to government agencies 

such statistical information as the Administrator may deem necessary for the purposes recited in Section 3 (a) of the National 

Indt1strial Recovery Act. 

2. To provide data necessary for the administration of the National 

Industrial Recovery Act, the members of the Oil Burner Industry 

shall furnish to the Code Authority such information as it, subject 

to the approval of the Administrator, may require from tim~ to time 

but through such channels as to elirn.inate the identification of any 

individual company's confidential information. 

3. Where the costs of executing contracts entered into in the Oil 

Burner Industry prior to the approval of the President of the United 

States of this Code are increased by the application of the provisions 

of that Act to the industry, it is equitable and promotive of the purposes of the National Industrial Recovery Act that appropriate adjustments of such contracts to reflect such increased costs be arrived at 

by arbitral proceeding or otherwise, and the Code Authority of the 

Oil Burner Industry is constituted an agency to assist in effecting 

such adjustment. 

4. This Code is hereby declared subject to the power of the President, pursuant to Section 10 (b) of Title I of the National Industrial 

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

approval, license, rule or regulation, issued under said Title and 

specifically, but without limitation, to the right of the President, to 

cancel or modify his approval of this Code, or any condition imposed 

by him upon his approval thereof. 

5. This Code shall be in effect beginning five (5) days after its 

approval by the President of the United States. 

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