Approved Code No. 244 — Supplement No. 8 Registry No. 1616—98 NATIONAL RECOVERY ADMINISTRATION 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 UNIV. OF Ft im. U.S. DEPO^TO/" UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. Price 5 cents This 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 OP COMMERCE Atlanta, Ga. : 504 Post Office Building. Birmingham, Ala. : 257 Federal Building. Boston, Mass. : 1801 Customhouse. Buffalo, N.Y. : Chamber of Commerce Building. Cliarleston, S.C. : Chamber of Commerce Building. Chicago, 111.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. 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Approved Code No. 244 — Supplement No. 8 CODE OF FAIR COMPETITION FOR THE ROOFING AND SHEET METAL CONTRACTING INDUSTRY As Approved on May 10, 1934 ORDER Supplementary Code of Fair Competition for the Roofing and Sheet Metal Contracting 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 In- dustry, approved January 31, 1934, for approval of Chapter VII of ftaid Code, which Chapter VII is applicable to the Roofing and Sheet Metal Contracting Division of the Construction Industry, and hear- ings having been held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and di- rected to the President: NOW, 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 Presi- dent, including Executive Order No. 6543~A, dated December 30, 1933, and otherwise; do hereby incorporate by reference said annexed report and do find that said Chapter complies in all respects with the pertinent provisions and will promote the policy and pur- poses 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 here- by modified to include an approval of said Code in its entirety as modified by said Chapter VII. Hugh S. Johnson, Adniinistrator for Industrial Recovery, Approval recommended : Geo. L. Berry, Division Administrator. Washington, D.C. May 10, 1934. 58190° 544-63 84 2 (1) REPORT TO THE PRESIDENT The President, The White House. Sir: This is a report on Chapter VII of the Code of Fair Com- petition for the Construction Industry, which Chapter is a revision, after a formal public hearing on November 28, 1933 of a Code of Fair Competition for Roofing and Sheet Metal Contracting. This Chapter, applicable specifically to the Roofing and Sheet Metal Contracting Division of the Construction Industry, supple- ments the basic Code of Fair Competition for the Construction In- dustry, described as Chapter I of such Code, which was approved by you on January 31, 1934. The hearing was conducted in accordance with the provisions of the National Industrial Recovery Act. THE INDUSTRY The Roofing and Sheet Metal Contracting Division is an impor- tant branch oi the construction industry. It is divided into several separate and distinct divisions. This Division embraces shingles, metal and composition roofing; waterproofing of all types of struc- tures; caulking, insulation, the laving of subflooring and tar concrete sidewalks ; as well as the fabricating, furnishing, erecting, installing, applying, repairing, servicing or maintaining of sheet metal work required for a specific project in buildings and structures. PROVISIONS FOR HOURS AND WAGES The provisions for hours and wages are set out in Chapter I of the Construction Code, which was approved by you on January 31, 1934, and the same provisions, with certain additional exceptions beneficial to employees, are applicable, under this Chapter, to the Roofing and Sheet Metal Contracting Division. ECONOMIC EFFECT OF THE CODE The volume of roofing and sheet metal work in 1929 totaled $145,- 000,000. In 1933 this volume had dwindled to $28,900,000. It is safe to say, with the prohibition of unfair trade practices and the establishment of minimum rat<^s of pay and maxinuun hours of work, that more wholesome conditions will take form in this Industry and thatismployees, employers, and a i)art of the public will be benefitted. FINDINGS The Deputy Administrator in his final rojiort to me on Chapter VII of the Code of Fair Competition for the Construction Industry (2) 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 re- moval of obstruction to the free flow of interstate and foreign com- merce 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 eliminat- ing unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industries, by avoid- ing undue restriction of production (except as may be temporarily required), by increasing the consumption of industrial and agricul- tural 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 sub- section (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 indus- trial group truly representative of the aforesaid Industry; and that said group imposes no inequitable restrictions on admission to mem- bership 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 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 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, Hugh S. Johnson, Administrator, May 10, 1034. Chapter VII ROOFING AND SHEET METAL CONTRACTING DIVISION OF THE CONSTRUCTION INDUSTRY Article I — Definitions Section 1. The term " Roofing and Sheet Metal Contracting Divi- sion ", 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 asbestos used for siding on any building or structure, and the furnishing thereof as 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 furnish- ing of materials therefor in connection therewith, and the applying of asphalt materials used for siding on any building or structure, and the furnishing of materials in connection therewith; (c) the supplying and laying of plastic subflooring such as as- phalt, mastic asphalt, and tar concrete floors or sidewalks in or about building structures, but shall not include those made of similar materials which are preformed and laid in Portland cement grout or the contracting therefor; (d) the waterproofing of any tj^pe of ^ructure below or above gTOund surface with asphalt, pitch, felt, cotton, cement, chemically treated iron, and applying the necessary protection courses, but shall not include the integTal waterproofing of mass concrete or the contracting therefor; (e) the waterproofing of bridges, viaducts, abutementvS, dams or any other type of non-habitable structure, spandrel beams, columns or an}^ other structural members with any type of material, includ- ing the cutting, pointing, caulking and application or waterproofing compound, but shall not include the integi'al method of waterproof- ing mass concrete or the contracting therefor ; (f) the dampproofing of interior surfaces of walls of any typo of structure with any type of material which may be applied in the fluid or semi-fluid state, whether or not reinforced with fabrics, felts or like material ; (g) the caulking with any or all tyi^^s of materials of door and window frames as well as the installation with any and all types of materials of expansion joints in connection with waterproofing on any and all types of structures; (4) (h) the installing and ajDplying 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 manufac- tured for sale; (k) the fabricating, erecting, installing, applying, repairing, or maintaining of coppersmith work regardless of gauge, and the fur- nishing of the materials therefor in connection therewith, when such work is required as part of a specific project on or in buildings and structures, 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 Divi- sion ". shall include anyone engaged, wholly or in part, in this Division as defined in Section 1 of this Article. Article II — Wages, Hours, and General Labor 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 super- visory capacity receiving more than thirty-five ($35.00) per week. However, no employee engaged in a supervisory capacity who per- forms manual labor shall be included in this exception. (b) Salesmen and estimators. i (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 em- ployees 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. (e) Watchmen, who shall be permitted to work not in excess of iifty-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 pay- able 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 pro- vide such identification as necessary to utilize such facilities. Section 3. No member of this Division or his agent shall accept rebates 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 emploj^ees. Section 4. Any member of this Division shall be subject to the applicable 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 case shall a member of this Division avoid or evade the labor provisions of this Chapter by contracting his work to any person or persons subject to labor provisions less stringent than those provided in this Chapter. Section 6. No employee now employed at rates in excess of the minimum shall be discharged and reemployed at a lower rate for the purpose of evading the provisions of this Code. Section 7. Safety Provisiotis. — Employers shall make reasonable provisions for the safety of their workmen, at the place and during the hours of their emplojanent, and shall comply with all national, state, or local laws or ordinances referring to safety measures in so far as the same may apply to their work. Standards for safety and health shall be submitted by the Divisional Code Authority to the Administrator within sixty (60) days after the effective date of this Code. Section 8. Copies of Chapter I and of this Chapter of this Code shall be kept posted by all employers in conspicuous places in their shops and other established places of business which are readily acces- sible to all of their employees. Abticle III — Administration Section 1. Administrative Agency. — A Divisional Code Authority is hereby constituted to administer this Code within this Division which shall consist of eleven (11) individuals, or such other number as may be approved from time to time by the Administrator. The members thereof are to be elected by the memlx'rs of this Division ])ursuant to a method of election approved by the Administrator. In the election of the Divisional Code Authority due consideration shall be given to representation in respect of geogra^ihical location and in respect of the various branches of this Division. Members of the Divisional Code Authority shall serve for term.s of one year from the date of the election, or until their successors have been elected. Section 2. If 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 Adminis- trator may require that such action be suspended to afford an opportunity for investigation of the merits of such action and further consideration by the Divisional Code Authority or agency pending final action which shall not be effective unless the Adminis- trator approves 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 subdivision B of Article IV of Chapter I of this Code, and shall have the following powers and duties also subject to said rules and regulations: (a) To use such trade associations or other agencies as it deems proper for the performing of an}^ 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^^sions hereof. (b) To make recommendations to the Administrator for the co- ordination of the administration of this Code with such other codes, if any, as may be related to this Division. (c) To cause to be formulated an accounting system 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 Administrator full details and instructions concerning them shall be made available to all members. Thereafter all members shall determine or estimate costs in accordance with the principles of such methods. (d) To appoint a Trade Practice Committee which shall meet with the Trade Practice Committees appointed under such other codes as may be related to this Division for the purpose of formulat- ing fair trade practices to govern the relationships between em- ployers 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 ad- ministration 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 approval 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 raised 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 opjDortunity 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 neces- sary to support such budget shall be contributed by members of this Division ; 8 (c) After siich budget and basis of contribution have been ap- proved by the Administrator, to determine and secure equitable con- tribution as above set forth by all such members of this Division, 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 shall be given to any member ; such notice shall also be given to the Administrative members of the Construction Code Authority. Article IV — Fair Trade Practice Regulations Section 1. The applicants for the approval of this Chapter rec- ommend that a contractor should have the following qualifications : (a) Be generally qualified by his technical training, or experience in the industry to direct properly the application, installation, erec- tion, 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 pro- tect his emplo3^ees by compensation 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. Section 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 contracts, provided that the same arc approved by the Administrator. (b) When methods of doing sheet metal work are not clearly shown on drawings or defined in specifications prepared by architects it is recommended that methods shown in " Standard Practice in Sheet Metal Work ", published by the National Association of Sheet Metal Contractors of the United States, Inc., be used; for slate roofs, methods shown in " Slate Roofs ", published by the National Slate Association ; for composition or built-up roofs, the specifications ap- proved by the United Roofing Contractors Association of North America; and any other standards of practice as may be approved by the Divisional Code Authority. Such forms, methods or documents are recommended only when approved by the Administrator. (c) Members of this Division in any area or in an}' branch of this Division may adopt and maintain uniform fair and equitable sales and trade regulations providing such regulations and the method of adopting the same have been approved by the Divisional Code Authority and the Administrator. The following are unfair trade practices, and are prohibited: Section 3. No member of tliis Division shall submit an estimate price on any job without I'ctaiiiing a record thereof, or submit a bill for his service without ictaining an actual and correct cost record thereof. Section 4. No member of this Division shall sell or offer to sell materials or render services below estimated cost. Section 5. Until such time as a uniform system of accounting and of cost findinji and estimatin