Approved Code No. 244-Supplement No. 8 Registry No. 1616-98 

NATIONAL RECOVERY ADMINISr_fRATION 

SUPPLEMENTARY 

CODE OF FAIR COMPETITION 

FOR THE 

ROOFING AND SHEET METAL 

CONTRACTING INDUSTRY 

(A Division of the Construction Industry) 

AS APPROVED ON MAY 10, 1934 

WE DO OUR PART 

U S DE~ot'~ , c· --·· . . r ~q i • , 

UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON: 1934 

For sale by the Superintendent of Documents, Washington, D.C. - - - • - - - - Price 5 cents 

V 
This publi ation is for sale by the Superintendent of Documents, Government 

Printing Office, Wa hington, D. ., and by dist1ict offices of the Bnreau of 

Foreign and Domestic Commerce. 

DISTRICT OFFICES OF THE DEPARTMENT OF COMMERCE 

Atlanta, Ga.: 504 Po t Office Building. 

Birmingham, Ala.: 257 Federal Building. 

Boston, Mas . : 1 01 u tombou e. 

Buffalo, N.Y.: Chamber of Commerce Building. 

barl ton, S.C. : Chamber f Commerce Building. 

Chicago, Ill.: uite 1706, 201 North W 11 Street. 

Cleveland, Ohio: Chamber of Commerce. 

Dalla ·, Tex.: Chamber of ommerce Building. 

Detroit, Mich.: 801 First National Bank Building. 

Houston, T x.: hamber of Commerce BuHding. 

Indianapoli. , Ind. : Chamber of Commerc Building. 

Jack. onville, Fla.: hamber of Commerce Buil ling. 

Kan a ..,ity, 1\10.: 1028 Baltimore Avenu . Lo Angel s, Calif.: 1163 South Broadwa 

Louisville, Ky.: 408 Federal Building. Memphi , T no.: 229 F'ecl ral Building. 

Minneapolis, Minn. : 213 Federal Buildin . New Orlean , La.: Room 225-A, Customhou e. 

ew York, N.Y.: 734 ustomhouse. 

Norfolk, Va. : 406 Ea t Plume Street. 

Philad lphia, P a. : 422 Commercial Tru. t Building. 

Pitt burgh, Pa. : hamb r of ommerce Building. 

Portland, Or g. : 215 Tew P o t Office Building. 

t. Loui , Io. : 506 Oliv Stre t. 

San Fran i · o, a lif.: 310 u. tomb u. e. 

Seattle, Wash.: 809 Federal ffice uilding. 
Approved Code No. 244-Supplement No. 8 

CODE OF FAIR COMPETITION 

FOR THE 

ROOFING AND SHEET METAL C·ONTRACTING 

INDUSTRY 

As Approved on May 10, 1934 

ORDER 

SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE ROOFING AND 

SHEET METAL CoNTRAOTING INDUSTRY 

A DIVISION OF THE CONSTRUCTION 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, and pursuant to and in full 

compliance with the provisions of Section 5 of Article VIII of 

Chapter I of the Code of Fair Competition for the Construction Industry, approved January 31, 1934, for approval of Chapter VII of 

fiaid Code, which Chapter VII is applicable to the Roofing and Sheet 

Metal Contracting Division of the Construction Industry, and hearings having been held thereon and the annexed r eport on said Code, 

containing findings with respect thereto, having been m.ade and directed to the President: 

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

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

pursuant to authority vested in me by Executive Orders of the President, including Executive Order No. 6543-A, dated December 301 J 933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Chapter 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 Chapter 

VII be and it is hereby approved and that the previous approval of 

said Code of Fair Competition for the Construction Industry is hereby modified to include an approval of said Code in its entirety as 

modified by said Chapter VII. 

HUGH S. JOHNSON, 

Administrator for l ndus_trial Recovery. 

Approval recommended: 

GEO. L. BERRY' 

Division Administrator. 

"\V ASHINGTON, D.C. 

May 10, 19_34. 

58190°-544- 63-.84-2 (1) 
REPORT TO THE PRESIDENT 

The PRESIDENT, 

The "White H oiU3e. 

Srn: This is a report on Chapter VII of the Code of Fair Competition for the Con truction Industry, which Chapter is a r vision2 after a formal public hearing on November 28, 1933 of a Code ot 

Fair Competition for Roofing and Sheet Metal Contracting. 

This Chapter, applicable specifically to the Roofing and Sheet 

Metal Contractino- Divi ion of the Construction Indu try, supplement the basic ode of Fair Competition for the Construction Indu try, de cribed a hapter I of such Code, which was approved by 

you on January 31, 1934. The hearing was conducted in ac ordance 

with the provi ion of the National Indu trial Recovery Act. 

THE INDU TRY 

The Roofino- and Sheet Metal Contracting Division i an important branch 0£ the construction industry. It is divi led into several 

separate and di tin t divi ions. Thi Division embrace shingles, 

metal and com po ition roofing; waterproofing of all typ of structure ; cau1kino· in ulation, the laying of ubflooring and tar concrete 

sidewalks; a well as the fabricating, furnishing, erectincr in tallin~, 

applying, repairing, servicing or maintainin~ of she t m tal work 

required for a sr cific project in buildin o- and structures. 

PROVISIONS FOR HO RS AND WAGES 

The provi. ions for hours and wage are set ut in Chapter I of 

the Con truction Cod which wa approved by u n Jan nary 31, 

1934 and the ame provisions with ertain addi i nal xc ptions 

ben fi ial to mploy are a pplicabl und r thi hapter, to the 

Roofino- and Sheet i1eta1 C0ntractino- Di i ion. 

ECO OMI EFFECT OF THE DE 

FI DL , 

lmini.·trat r in hi 

f ~ air m1 

(2) 

n ha tr 

n In lu try 
3 

as modified by the addition thereto of said Chapter VII, having 

found as herein set forth and on the basis ·of all the proceedings in 

this matter : 

I find that: 

(a) Said Chapter VII and said Code of Fair Competition for the 

Construction Industry, as modified by the addition thereto of said 

Chapter VII are well designed to promote the policies and purposes 

of Title I of the National Industrial Recovery Act, including removal .of obstruction 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 among the trade groups, by 

inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

utilization of the present 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 standards of labor, and by 

otherwise rehabilitating industry. 

(b) Said Chapter VII and the Code of Fair Competition for the 

Construction Industry as modified by the addition thereto of said 

Chapter VII, as approved, comply in all respects with the pertinent 

provisions of said Title of said Act, including without limitation subsection (a) of Section 3, sub-section (a) of Section 7, and sub-section 

(b) of Section 10 thereof; and that the applicant group is an industrial group truly representative of the aforesaid Industry; and that 

said group imposes no inequitable restrictions on admission to membership therein. 

( c) Said Industry normally employs not more than fifty thou. 

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

( d) Said Chapt€r VII and the Code of Fair Competition for the 

Construction Industry as modified by the addition thereto of said 

Chapter VII, are not designed to and will not permit monopolies or 

monopolistic practices. 

( e) Said Chapter VII and the Code of Fair Competition for the 

Construction Industry as modified by the addition thereto of said 

Chapter VII, are 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 

Chapter VII and of said Code as modified by the addition thereto of 

this Chapter VII thereof. 

For these reasons, therefore, I have approved said Chapter VII 

and said Code, as modified by the addition thereto of said Chapter 

VII thereof. 

Respectfully, 

MAY 10, H)34. 

HUGH s. JOHNSON, 

Administrator. 
CHAPTER VII 

;ROOFING AND SHEET METAL CONTRACTING DIVISION 

OF THE CONSTRUCTION INDUSTRY 

ARTICLE I-DEFINITIONS 

SECTION 1. The term" Roofing and Sheet Metal Contracting Division ", or" this Division", as used herein shall mean the contracting 

for and 

(a) the installing, applying, repairing, re-roofing and servicing 

or maintenance, of roofs, on which sheet metal, slate, tile, asbestos 

or composition or membrane roofing, asbestos or other roll roofing 

insulation and other special treatment of roof surfaces is required, and 

the furnishing of the materials therefor as a part of such contracting· 

the erecting, and applying, of sheet metal, slate, tile and a bestos used 

for siding on any building or structure, and the furnishing thereof 

a a part of such contracting; 

(b) the re-roofing, servicing and maintenance of roofs on which 

asphalt shingles or asphalt roll roofing are required, and the furnishing of materials therefor in connection therewith, and the applying 

of asphalt mat rials used for siding on any buildino- or structure, 

and the furnishing of materials in connection therewith; 

( c) the supplying and laying of plastic ubflooring such as asphalt, mastic a phalt, and tar concrete floors or sidewalk in or 

-about building structures, but shall not include those made of imilar 

materials which are preformed and laid in Portland cement grout 

or th contracting ther for ; 

( d) the waterproofing of any type of structure b low or above 

ground surface with a phalt, pitch, felt, cotton cem nt, chemically 

tr ated iron, and ap1 lying the neces ary protection cour but 

hall n t include the int gTal waterproofing of ma c n r te or 

the contracting th r for; 

( ) the waterproofing of bridg s, viaducts, a'butem n dams or 

any other t p of non-habitable structur , pandr 1 beam olumn 

or any other tructural m mber with any t p f mat rial inclu -

ino- th ut ing pointin aulkino- and appli ation r waterpr fin<Y 

c mpound, but shall n t in lud h int ~rral m th f wat 'rpr ofino- m ncr t r th" · ntra tin th r for· 

( f) th lam ppr ofin f interi r urfa f , all. 

f tru tur with nn. tyr of ma rial whi ·h ma 

the fluid r emi-fl 1i l tat wheth r r n t reinf 

f Its r lik met rial · 

f an t ' 

a I J ii cl 1n 

with :fabri · 

(g) th aulkinrr with any r all t. 1 <'. f n n rial · f tlo r an l 

win l , fram . a. " ' 11 as th installation with an. ' nrnl all ty1 . 

f mat rial f -·1 ansion j int: in muP · i n "·itl , at r r fin on any , n 1 all t I · f ~ tru tur 

(4 
5 

(h) the installing and applying of insulation in connection with: 

any of the work included in this Division; 

(i) the fabricating, erecting, installing, applying, repairing, 

servicing or maintaining of sheet metal work of No. 10 U.S., or its 

equivalent or lighter gauge and the furnishing thereof in connection 

therewith, required as part of a specific project on or in buildings and 

structures, including, among others, skylights of sheet metal, rolled 

or extruded shapes; the installation of metal ceilings, of warm air 

furnace heating systems and air conditioning and cooling systems 

used in connection therewith, of sheet metal work in connection 

with heating, ventilating and air conditioning systems, including 

the mechanical apparatus and equipment when included in the sheet 

metal contract, of blowpipe and exhaust systems, and of sheet metal 

products and equipment used in or for industrial plants, or for 

agricultural or domestic use, but shall not include the contracting 

for, or installation of sheet metal work manufactured, fabricated 

or assembled as part of a product of another industry; 

(j) the fabricating, erecting, installing, applying, repairing or 

servicing of sheet metal work and the furnishing of the materials 

as a part of such contracting, in connection with food service and 

beverage equipment excluding equipment and accessories manufactured for sale ; 

(k) the fabricating, erecting, installing, applying, repairing, or 

maintaining of coppersmith work regardless of gauge, and the furnishing of the materials therefor in connection therewith, when such 

work is required as part of a specific project on or in buildings and 

~tructures, excluding however, coppersmithing work manufactured, 

fabricated or assembled as part of a product of another industry. 

SECTION 2. Nothing in the definition of this Industry shall in any 

way be construed as affecting the classification of labor employed 

under this Chapter of this Code. 

SECTION 3. The terms "contractor" and "member of this Division "7 shall include anyone engaged, wholly or in part, in this 

Divis10n as defined in Section 1 of this Article. 

ARTICLE II-WAGES, Houns, AND GENERAL LAnon CONDITIONS 

SECTION 1. The following are exempted from the provisions of 

subdivision B of Section 2 of Article III of Chapter I of this Code: 

(a) Employees engaged in a professional, executive, or supervisory capacity receiving more than thirty-five ($35.00) per week. 

However, no employee engaged in a supervisory capacity who performs manual labor shall be included in this exception. . (b) Salesmen and estimators. : 

( c) Truck drivers, who shall be permitted to work not in excess 

of forty-eight (48) hours nor more than six (6) days in any one 

week. , 

( d) Kettlemen, provided that application is made to and approved 

by the National Construction Planning and Adjustment Board or 

proper Regional Board established by it, requesting that such employees may be exempted from the standard hourly limitation. In 

no case, however, may such employees be permitted to work in excess 

of forty-·eight ( 48) hours or six ( 6) days in any one week. 
6 

( e) Watchmen, who shall be permitted to work not in excess of 

fifty-six (56) hours in any one week and not more than six (6) days 

in any seven (7·) day period. 

SECTION 2. Wages as they become due shall be payable in lawful 

currency of the United States, or by negotiable check therefor payable on demand at par. If wages are paid by check the employer 

shall provide reasonably accessible facilities for the cashing thereof 

at par without expense to the employee. Employers shall also provide such identification as necessary to utilize such facilities. 

SECTION 3. No member of this Division or his agent shall accept 

rebate directly or indirectly on such wages, or give anything of 

value or extend favors to any person for the purpose of influencing 

rates of wages or the working conditions of his employees. SECTION 4. Any men1ber of this Division shall be subject to the 

applicabl maximum hourly limitations provided in this Code in 

the performance by him of manual labor or mechanical occupations 

customarily performed by an employee. 

SECTION 5. No member of this Division shall directly or indirectly 

sublet to any employee or laborer, the labor services required by any 

contract secured by such member. 

In no ca e hall a member of this Division avoid or evade the 

labor provisions of this Chapter by contracting his work to any 

per .. on or persons subject to labor provisions less stringent than 

those provided in this Chapter. 

SECTION 6. No employee now employed at rates in exce of the 

minimum shall be discharged and reemployed at a lower rate for 

the purpose of evading the provi ions of this Code. 

ECTION 7. Safety Provisions.-Employers shall make rea onable 

provisions for the safety of their workmen, at the place and during 

the hours of their employment, and shall comply with all national, 

state, or local laws or ordinances referring to safety m asur in 

so far a the ame may apply to their work. Standards for saf ty 

an l health hall be submitted by the Divisional Code Authorit to 

the Admini trator within sixty (60) days aft r the e:ff tive date 

of this Code. 

SECTION 8. Copie of Chapter I and of this Chapter of thi e 

shall be kept po ted by all em players in con pi uou pla . in th ir 

shops and oth r tabli hed places of bu ine which ar r adil ac e -

sibl t all of their employees. 

ARTI LE III-ADMINISTRATION 
7 

SECTION 2. I:f the Administrator shall at any time determine that 

any action of the Divisional Authority or any agency thereof may be 

or is unfair or unjust or contrary to the public interest, the Administrator may require that such action be suspended to afford an 

opportunity for inve tigation of 'the merits of such action and 

further consideration by the Divi ional Code Authority or agency 

pending final action which shall not be effective unless the Adminis- trator apprm es or unless he shall fail to disapprove after thirty 

(30) days' notice to him of intention to proceed with such action 

in its original or modified form. 

SECTION 3. The Divisional Code Authority, subject to such rules 

and regulations as may be issued by the Administrator, shall have 

such powers and duties as are conferred by ubdivision B of Article 

IV of Chapter I of this Code, and shall have the :following powers 

and duties al o subject to said rules and regulations: 

(a) To use such trade as ociations or other agencies as it deems 

proper for the performing of any of its activities provided for 

herein, provided that nothing herein shall relieve the Divisional 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 pro vi ions hereof. 

(b) To make recommendations to the Administrator for the coordination of the administration of this Code with such other codes, 

if any, as may be related to this Division. 

( c) To cau e to be formulated an accounting ystem and methods 

of cost finding and estimating capable of use by all members of this 

Division. After such system and methods have been formulated by 

the Divisional Code Authority, and approved by the Admini trator 

full details and instructions concerning them shall be made available 

to all members. Thereafter all members shall determine or estimate 

co ts in accordance with the principles of such methods. 

( d) To appoint a Trade Practice Committee which shall meet 

with the Trade Practice Comnuttees appointed under such other 

codes as may be related to this Division for the purpose of formulating fair trade practices to govern the relation hips between employers under this Code and under such other codes to the end that 

such fair trade practices may be proposed to the Administrator as 

amendments to this Code and such other codes. 

SECTION 4. It being found necessary, in order to support the administration of this Code and to maintain the standards of fair 

competition established by this Code and to effectuate the policy of 

the Act, the Divisional Code Authority is authorized, subject to the 

ap_()roval of the Administrator: , (a) To incur such reasonable obligations as are necessary and 

proper for the foregoing purposes and to meet such obligations out 

of funds which may be r aised as hereinafter provided and which 

shall be held in trust for the purposes of the Code ; 

(b) To submit to the Administrator for his approval, subject to 

such notice and opportunity to be heard as he may deem necessary, 

( 1) an itemized budget of its estimated expenses for the foregoing 

purposes, and (2) an equitable basis upon which the funds necessary to support such budget shall be contributed by members of this 

Division; 
8 

( c) After such budget and basis of contribution have been ap- . proved by the Administrator, to determine and secure equitable contribution as above set forth by all such members of this Divjsion, 

and to that end, if necessary, to institute legal proceedings therefor 

in its own name. · SECTION 5. It shall be provided in the By-laws of the Divisional 

Code Authority, or any agency thereof, that five ( 5) days' notice 

of any meeting hall be given to any member; such notice hall also 

be ~iven to the Administrative members of the Construction Code 

Authority. 

ARTICLE IV-FAIR TRADE PRACTICE REGULATIO.i: s 

SECTION 1.. The applicants for the approval of this Chapter recommend that a contractor hould have the following qualifications: 

(a) Be generally qualified by his technical training, or experience 

in the industry to direct properly the application, installation, erection, or repairing of roofing, waterproofing, or sheet metal work as 

required in the construction industry. 

(b) Be an employer of roofers or sheet metal workers, and protect his employees by compensat.i.on insurance and the public by 

public liability and property damage insurance. 

(c) Have an established place of business, have the necessary tools 

and equipment required in the performance in which he specializes, 

and maintain an adequate set of books and records. 

SECTIQN 2. (a) The Standard Form of Contract Documents of 

the American Institute of Architects is recommended to be the basis 

to be used for all contract , provided that the same are approved by 

the Administrator. 

(b) vVhen methods of doing sheet metal work are not clearly shown 

on drawin¥s or defined in specifications prepared by architects it is 

recommencted that methods shown in " Standard Practice in Sheet 

Metal vVork ", published by the National Association of Sheet Metal 

Contractors of the United States, Inc., be used; for late roof 

methods shown in " Slate Roof ", published by the ational late 

Association; for composition or built-up roofs, the specification approv d by the United Roofing Contra tors A ociation of orth 

America; and any other tandard, of practice as may be approved by 

the Divi ional Code Authority. Such form methods or do um nt 

are r omm nded only when ap:proved by the dmini trator. 

( c) M mber of thi Divi ion 1n any ar a or in any bran h of hi 

Divi ion may adopt and maintain uniform fair an l uitabl al 

and trad r gulation providino- su h r <Tt1lati n and th m h d of 

adopting th ame lurve b n ap1 ro d b h DiYi i nal 

uth rit and the dmini trator. 

Th f ·11 win<r ar unfair rad prac ti 

m mb r f thi ivi i n 

b , ith n r tainin<Y a r r l h r 

with 11 r L inin<Y an a tnal anJ 

11 r ffr 
9 

shall have been approved by the Administrator, as provided in 

Article III Section 3 of Paragraph ( c) hereof, iri which event said 

system shall be the means of determining estimated cost, estimated 

cost shall be the sum of the following items of expected cost for the 

job in question: 

1. :Materials 

2. Labor 

3. Job expen e which shall include: 

(a) Drafting 

(b) Delivery of materials 

( c) Transportation for employees, if any 

( d) Hotel expen e for employee , if any 

( e) Municipal permits, inspection fees, if any 

( f) Public Liability and compensation in ·urance 

(g) Code Authorities' fee chargeable to job. 

4. Overhead expen e, excluding items of depreciation on unused 

facilitie intere t on indebtedne , intere t on inve tment or 

selling expense. (Estimating cost shall not be c n idered · as selling expense for the purpose of this paragraph 4.) 

In determining cost as above provided, any contractor who works 

with tools on any job shall charge his time so occupied on such job 

at not le s than the rate prevailing on such job for employees performing similar work or if there be no employees on uch job, at not 

less than the local prevailing rate for employees performing similar 

work. 

SECTION 6. No member of this Division shall u e or sub titute materials inferior in quality to tho e specified by the purchaser without 

the consent of the purchaser. 

SECTION 7. No member of this Division shall use methods of fabricating, applying, or erecting work not in accord with the applicable 

governmental laws, rules, regulations, or building codes in force in 

the territory affected. 

SECTION 8. No men1ber of this Division shall wilfully induce or 

attempt to induce the breach of contract between a competitor and 

his customer. 

SECTION 9. No member of this Divi ion shall make, cause or permit to be made or published any statements concerning the business 

policies, credit standing, ability to perform work, or labor condi- tions of a competitor, which are fal e or inaccurate in any maforial 

particular. 

SECTION 10. No member of this Division shall giYe, permit to be 

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

of influencing or rewarding the action of any employee, agent or 

representative of another in relation to the business of the employer 

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

party, without the knowledge of such employer, principal or party. 

Commercial bribery provi ions hall not be construed to prohibit 

free and general distribution of articles commonly used for advertising except so far as such articles are actually used for com- mercial bribery as hereinabove defined. 

SECTION 11. No member of this Division shall place blanket orders 

or future delivery contracts for the same material for a specific job 

for which he has the contract, with more than one concern when 
10 

the total so ordere~ is in excess of the material required or estimated 

to be required for such job, whichever shall be the greater. Future 

delivery orders or contracts for specific jobs shall contain sufficient 

information to identify definitely the job for which the orders are 

placed. 

SECTION 12. No member of this Division hall accept or give securities, bonds, mortgages, stocks, promissory notes, or other personal 

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

other than the fair market value thereof, to be determined in doubtful cases by independent and competent appraisal. 

SECTION 13. No member of this Division shall enter into a contract which provides for the leaving of any portion of the monies 

due under the contract as security during the guarantee period, or 

any portion of that period. 

SECTION 14. No member of this Division individually or with 

anyone else shall directly or indirectly: 

(a) Except for warranties implied in law, guarantee or issue a 

maintenance agreement, or bond of any form whatsoever on any 

work described in Section 1 of Article I of this Chapter for a period 

of more than two (2) years from the date o-f the completion of the 

work, or as ume in any guarantee, maintenance agreement, bond, or 

otherwise, responsibility fo,r damage to any structure or to the contents of any structure upon which any such work has been done. 

(b) Join with any concern, individual, corporation, or firm engaged in manufacturing, as principal or surety on any bond, guarantee, maintenance agreement, or otherwi e jointly guaranteeing the 

effectiveness of the work contracted for. 

SECTION 15. Members of this Division when they install warm air 

furnace heating systems and when they make repairs or alterations 

thereto shall wherever feasible do so in accordance with the Standard Code regulating the installation of Gravity vVarm ir Heating 

Systems issued by the National Warm Air Heating and Air Conditioning Association except where otherwise required by law provided such Standard Code has been approved by the Administrator. 

Such Standard Code may be obtainable through the Divisional Code 

Authority. 

SECTION 16. Biddvng Practices.-(a) No member of this Di ision 

shall be a party to the unfair practice of "bid shopping" or bi 

peddling " as defined in Chapter I of this Code. 

(b) No m mber of this Divi ion shall submit a omp titi, bid a 

d fin d in Section 1 of rticle VII of hapt r I f thi od , to an 

owner or any oth r per on corre pondino- to an awardino- au h rit 

as ther ind fin d unl s uch own r or oth r p r on aQT t mpl r 

with the r o-ulations pro ided ther in Cff rnino- an · 

authority. 

( c) m mb r of thi Divi ion submittino- ur uant th t rm 

f bi <lino-, a ombinati n bid inv 1 ino- w rk wi hin thi Di i · n 

and rk within h r livi i n r di i i n f thi n u r hall 

tat in hi pr po al the pri f r th w rk within hi Divi 1 n. 

m m r f thi ivi i n ubmi inCY, l ur uant he rms f 

bid<linrr a lump um bid invoh·inrr , rk v r b i:ff r nt 

bran h f thi Di i i n, h ll n t r uir 1 it mize h di:ff r-
11 

ent branches of the work be:yond that called for on his invitation to 

bid except as otherwise required in this Code. 

( d) No member of this Division shall accept contracts on a "fixed 

:fee " or " cost plus " basis, with an upset price protecting the owner 

against higher costs but not protecting the contractor against losses. 

, ( e) Regional or local administrative committees created hereunder desiring to install a method of checking competitive bids shall 

use either the depo,sitory or other method provided by the Divisional 

Code Authority and approved by the Construction Code Authority, 

pursuant to Article VII, Section 14 of Chapter I hereof. 

(f) Upon notification that the contract has been awarded, or that 

the bids have been opened, the depository shall deliver all copies of 

bids for such work to the Local Administrative Committee having 

supervisory jurisdiction. Such Committee shall open all bids, tabulate same, and send copies of such tabulations, together with details 

of the contract award, to each bidder who shall pay to the Local 

Administrative Committee his equitable proportionate share of the 

cost of handling, tabulating, and distributing such information, but 

not over one dollar ($1.00) for each bidder. (g) Upon the request of a bidder, the Divisional Co le Authority 

or a regional or local administrative committee appointed by it shall 

appoint a committee of review composed of not more than three 

(3) qualified bidders, who are not bidders on the job, which committee shall be empowered and directed to investigate any bid to 

determine whether any provisions of this Code have been violated 

in such bid. In the event such committee shall find any such 

violation, their findings therein, together with a summary of the 

facts upon which they are based shall be reported to the Local 

Administrative Committee or the Divisional Code Authority for 

such action as may be appropriate. 

ARTICLE V-MODIFICATION 

SECTION 1. Am.endments.-Subject to the provisions of Section 2 

( c) of Article IV, B, of Chapte:· I hereof the provisions of this 

Chapter except as to provisions required by the Act may be modified 

on the basis of experience or changes in circumstances, such modifications to be based upon application to the Administrator and such 

notice and hearing as he shall specify, and to become effective on his 

approval. Any such application may be made by ,the Divisional 

Code Authority. 

ARTICLE VI-REGISTRATION OF MEMBERS OF THE DIVISION 

Each member of this Division within thirty (30) days after the 

effective date of this Chapter, shall register with the Divisional Code, 

Authority. All members of this Division who may engage in the 

Division thereafter shall likewise register with the Divisional Code 

Authority. Registration of a member of this Division shall include 

the full name and mailing address of the member. An application 

may be made by the Divisional Code Authority to the Administrator 

for an extension of the time limit for the registration by any member 

of this Division if it appears that the time limit as provided herein 
12 

might cause injustice or undue hardship to any member of this 

Division. 

ARTICLE VII-REFERENCE 1-'0 PROVISIONS OF CHAPTER l 

The provisions of Section 7 (a) and 10 (b) of the Act, which are 

set forth in Sections 1 and 6 respectively of Artide VIII of Chapter 

I of this Code are specifically incorporated herein by reference 

with the same force and effect as if set forth herein in full ; all other 

provisions of Chapter I of this Code, including any modifications or 

amendments thereto, except as herein provided, apply within this 

Division with the same force and effect as if set forth herein in full. 

ARTICLE VIII-EFFEOTIVE DATE 

This Chapter shall become effective fifteen (15) days after its 

approval by the President. 

Approved Code No. 244-Supplement No. 8. 

Registry No. 1616,-,98. 

0 

Ul11\/ERSITY OF FLORIDA 

II I II IIIIII Ill Ill lllll lllll II IIII IIIIII II llll 1111111111111111111 

3 1262 08853 8052