V Approved Code No. 244 — Supplement No. 16 Registry No. 1130—03 NATIONAL RECOVERY ADMINISTRATION SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HEATING, PIPING, AND AIR CONDITIONING CONTRACTORS' INDUSTRY (A Division of the Construction Industry) AS APPROVED ON JULY 25, 1934 WE DO OUR PART U.S. DEPOffSTOWY UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON: 1934 For sale by the Superintendent of Documents, Washington, D.C. -------- Price a 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 OF COMMERCE 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, 111.: Suite 1706, 201 North Wells Street. Cleveland, Ohio : Chamber of Commerce. 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Approved Code No. 244 — Supplement No. 16 SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HEATING, PIPING, AND AIR CONDITIONING CONTRACTORS' INDUSTRY As Approved on July 25, 1934 ORDER Supplementary Code of Fair Competition for the Heating, Piping, and Air Conditioning Contractor's 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 In- dustrial Recovery Act, approved June 16. 1933j and pursuant to and in full compliance with the provisions oi Section 5 of Article VIII of Chapter I of the Code of Fair Competition for the Construction Industry, approved January 31, 1934, for approyal of Chapter XVI of said Code, which Chapter XVI is applicable to the Heating, Piping and Air Conditioning Contractors' Division of the Con- struction Industry, and hearings having been held thereon and the annexed report on said Code, containing findings with respect thereto, having been made and directed 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 President, 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 re- spects with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and do hereby order that said Chapter XVI 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 supplemented by said Chapter XVI ; Provided, however, (1) That with reference to the provisions of Section 1 of Article II, the approval herein given is on condition that the Administrator may review or reconsider the provisions of said section at any time within a period of one hundred and eighty (180) days from the 76187° 829-141 34 (l) effective date of this Chapter, and, upon the basis of such reports, studies or hearings as he may obtain or conduct, may require such modification of, or make such determination with respect to, the pro- visions of this section as he shall by his further order direct; and provided further, that if it shall be represented to the Administrator and he shall determine that the provisions of this section impose un- due hardship upon employers or cmploj^ees or both, within any region or locality, he may at any time grant such stay of or exemption from the provisions of this section within such region or locality as he may determine is necessary to effectuate the policy declared by Title I of the National Industrial Recovery Act; (2) That with reference to the provisions of Article I, relating to the definition, the approval herein given is on condition that the provisions of this Article be reviewed or reconsidered upon due notice and public hearing within a period of sixty (60) days after the effective date of this Chapter and upon the basis of such hearing and for the purpose of elimination of duplication of administrative facilities or operations or jurisdiction, the Administrator may re- quire such modification of or make such other determination with respect to the provisions of this Article or his approval of this Code as he shall by his further order direct; and, provided further, that if it shall be represented to the Administrator and he shall determine that the provisions of this Article impose undue hard- ship upon any member of the industry within any region or locality or to any class of members of the industry he may at any time grant such stay of or exemption from this Code as he may determine is necessary to effectuate the policy declared by Title I of the National Industrial Recovery Act; (3) That with reference to the provisions of paragraph (d), Article IV, the approval herein given is on condition that the Ad- ministrator may review or reconsider the provisions of said para- graph within a period of ninety (90) days after the effective date of this Chapter, and upon the basis of such reports, studies or hearing as he may obtain or conduct, may require such modification of, or make such other determination with respect to, the provisions of this paragraph as he shall by his further order direct ; and, provided further, that the Divisional Code Authority for said Chapter shall cause a survey to be made with reference to the provisions of said paragraph and shall furnish statistics and other information per- taining thereto, and such other information as may be required by the Administrator, to the Administrator within ninety {90) days after the effective date of said Chapter, and that on the basis of such information or otherwise, the Administrator may thereupon order the approval, modification or deletion of said paragraph as afore- said. Hugh S. Johnson, Administrator for Industrial Recovery. Approval recommended : Geo. L. Berry, Division Administrator. Washington, D.C., July 25, 193.' h REPORT TO THE PRESIDENT The President, The White House. Sir: This is a report on the Heating, Piping and Air Condition- ing Contractors Chapter of the Code of Fair Competition for the Construction Industry which is described as Chapter I and which was approved by you on January 81, 1934. This Chapter is a revision after a public hearing conducted in Washington, D.C. on September 11, 1933, and reconvened hearings conducted in Washington, D.C. on April 12 and April 26, 1934, in accordance with the provisions of the National Industrial Recovery Act. This Chapter amplifies Chapter I and is designated Chapter XVI. It applies specifically to the Heating, Piping and Air Con- ditioning Contractors Division of the Construction Industry. PROVISIONS FOR HOURS AND WAGES In addition to the hour and wage provisions of Chapter I of the Construction Industry Code, as approved by you on January 31, 1934, this Chapter XVI provides a minimum wage of not less than $1.20 per hour for journeymen steamfitters in the Northern Zone, as denned in this Chapter; not less than $1.10 per hour in the Central Zone, as defined in this Chapter; not less than $1.00 per hour in the Southern Zone, as defined in this Chapter; and in all zones, as defined in this Chapter, that not less than $12.00 per week shall" be paid apprentices. The wage scale provided by this Chapter for journeymen steamfitters is identical, both as to zones and as to wages for skilled workers, with the corresponding provisions of the Plumb- ing Contracting Division of the Construction Industry Code, ap- proved by you May 15, 1934. ECONOMIC EFFECT OF THE CODE According to the statistical analysis of the Division of Research and Planning, the total volume of work in this Division of the Con- struction Industry in 1929 amounted to ap proximate! v $500,000,000. In 1932 this volume of work had dropped to about $19G,000,000. Ac- cording to the information supplied by the sponsors of this Chapter, the aggregate volume of business in 1933 amounted to $73,179,000. In 1929, according to the statistical analysis of the Division of Re- search and Planning, this Division of the Construction Industry employed 84,500 workers; in 1933, 31,900 workers. It is reasonable to suppose that with the establishment of higher uniform rates of pay, the limitation of the hours of work, and the prohibition of unfair trade practices, both employers and employees in this Industry will be materially benefited without detriment to the consumer. (3) 4 FINDINGS The Deputy Administrator in his final report to me on said Heat- ing, Piping and Air Conditioning Contractors Chapter of the Code of Fair Competition for the Construction Industry, having found as herein set forth and on the basis of all the proceedings in this matter; I find that: (a) Said Heating, Piping and Air Conditioning Contractors Chapter and said Code of Fair Competition for the Construction In- dustry, as supplemented by said Heating, Piping and Air Condition- ing Contractors Chapter, are well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, in- cluding removal of obstructions to the free flow of interstate and for- eign 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 man- agement under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the persent productive capacity of ndustres, by avoiding undue restriction of production (except as may be tempo- rarily required), by increasing the consumption of industrial and agrcultural products through increasing purchasing power, by re- ducing and relieving unemployment, by improving standards of labor, and by otherwise rehabilitating industry. (b) Said Industry normally employs not more than 50,000 em- ployees; and is not classified by me as a major industry. (c) Said Heating, Piping and Air Conditioning Contractors Chap- ter and the Code of Fair Competition for the Construction Industry, as supplemented by said Heating, Piping and Air Conditioning Con- tractors Chapter, as approved comply in all respects with the perti- nent provisions of said Title of said Act, including without limita- tion Subsection (a) of Section 3, Subsection (a) of Section 7, and Subsection (b) oi Section 10 thereof; and that the applicant associa- tion is an industrial association truly representative of the aforesaid Industry; and that said Association imposes no inequitable restric- tions on admission to membership therein. (d) Said Heating, Piping and Air Conditioning Contractors Chapter and the Code of Fair Competition for the Construction In- dustry, as supplemented by said Heating, Piping and Air Condition- ing Contractors Chapter are not designed to and will not permit monopolies or monopolistic practices. (e) Said Heating, Piping and Air Conditioning Contractors Chapter and the Code of Fair Competition for the Construction In- dustry, as supplemented by said Heating, Piping and Air Condi- tioning Contractors Chapter, are not designed to and will not elimi- nate 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 Heating, Piping and Air Conditioning Contractors Chapter and of said Code, as supplemented by this Heating, Piping and Air Condi- tioning Contractors Chapter thereof. For these reasons, therefore, I have approved said Heating, Piping and Air Conditioning Contractors Chapter of the Code of Fair Com- petition of the Construction Industry. Respectfully, Hugh S. Johnson, Administrator. July 25, 1934. Chapter XVI SUPPLEMENTARY CODE OF FAIR COMPETITION FOR THE HEATING, PIPING, AND AIR CONDITIONING CON- TRACTORS' DIVISION OF THE CONSTRUCTION IN- DUSTRY Article I — Definitions * Section 1. (a) The term " Heating, Piping, and Air Conditioning Contractors Division ", or " this division ", as used herein shall in- clude the furnishing and installing of systems, or parts thereof, for steam and hot water heating, ventilating, refrigeration, air condi- tioning, power piping, industrial process piping, sprinkler piping, temperature control piping, high and low pressure boilers, stokers, oil burning units, pneumatic piping, hydraulic power piping, and all apparatus, appurtenances and piping systems in connection there- with, regardless of whether such piping conveys steam, water, air, brine, ammonia, oil or other fluids or other commercial products, or products in course of manufacture; and (b) pipe covering and painting when required by, and included in, the contract for any of the services or operations described in para- graph (a) of this section, and not performed under sub-contract let by a member of this division ; and (c) sheet metal work when required by, and included in, the con- tract for any of the services or operations described in paragraph (a) of this section, and not performed under a sub-contract let by a member of this division ; provided, however, that the work de- scribed in this paragraph shall be performed under conditions no less stringent than prescribed in any Chapter of this code relating to Roofing and Sheet Metal Contractors, and provided further that no bids for such work shall be submitted under such Chapter or any assessment be charged thereunder against members of the Heating, Piping, and Air Conditioning Contractors Division. (d) such branches or subdivisions of the services or operations included in paragraphs (a), (b) and (c) of this section as may from time to time be included under the provisions of this Chapter. (e) the provisions of this Chapter shall not apply to any of the operations above mentioned when performed by a manufacturer on his own premises and by his own employees and not for compensa- tion or hire but for such manufacturer's own use within the scope of such manufacturer's industry, as defined in the approved code of such industry, provided, however, that such operations are confined to repair and maintenance items chargeable to operating expenses and to minor items of replacement chargeable to capital expendi- tures. Nor shall the provisions of this Chapter apply to the super- 1 See paragraph 2 (2) of order approving this Code. (6) vision by supervisors and specially trained technicians at the site in connection with the installation of a manufacturer's product, pro- vided such services are required to safeguard the manufacturer's re- sponsibility for the performance of such product. Section 2. The words " sprinkler piping " as used in this Article shall be construed as not including the installation of automatic sprinkler equipment for fire protection purposes, as such installations are under the jurisdiction of the Automatic Sprinkler Code. Section 3. Home-owners and householders, including farmers, shall not be deemed to be included within the definition contained in Section 1 in their performance individually or by their permanent servants or other help of like character on their home premises of any services described in such definition ; nor shall any such person, or any building owner or tenant, performing such services by his permanent employees and not for hire on or in buildings or structures owned or occupied by him, be deemed to be included in such definition. The terms " permanent employees " and " permanent servants " as used in this section mean and include any employee or servant who is given regular and continuous employment for a period of not less than six (6) months. Section 4. The term " combination bid " is herein defined as any bid including any work within this division, together with work not within this division. Section 5. The term "Association " as used herein shall mean the Heating, Piping and Air Conditioning Contractors National Asso- ciation. Section 6. The term " journeyman steamfitter " is herein defined to mean any employee qualified by examination who has served at least five years as a learner in the steamfitting trade (either as an apprentice or helper). Section 7. The term " apprentice " is herein defined as a learner of the steamfitting trade who is undergoing a definite course of train- ing, which when completed will make him a journeyman steamfitter. Article II — Hours, Wages and Conditions of Employment Section 1. (a) In the Northern Zone, no journeyman steamfitter shall be paid less than $1.20 per hour; in the Central Zone, no jour- neyman steamfitter shall be paid less than $1.10 per hour; in the Southern Zone, no journeyman steamfitter shall be paid less than $1.00 per hour, and in all zones, no apprentice shall be paid less than $12.00 per week. (b) The Northern Zone shall consist of: Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut, New York, New Jersej r , Indiana, Wisconsin, Minnesota, Nebraska, Wyoming, Oregon, South Dakota, Idaho, Pennsylvania, Ohio, Michigan, Illi- nois, Iowa, North Dakota, Montana and Washington. (c) The Southern Zone shall consist of: South Carolina, Geor- gia, Florida, Arkansas, Alabama, Mississippi, Louisiana, Arizona, Oklahoma, Texas and New Mexico. (d) The Central Zone shall consist of: Delaware, Maryland, Vir- ginia, Tennessee, Colorado, Utah, California, North Carolina, West 8 Virginia, Kentucky, Missouri, Kansas, Nevada and District of Columbia. 2 Section 2. Watchmen shall not be permitted to work more than fifty-six (5G) hours per week. Section 3. Employees engaged in professional, executive, or super- visory work are exempt from the provisions relating to hours and wages of Chapter I and of this Chapter only when receiving over thirty-five dollars ($35.00) per week. Section 4. No employee shall be paid at a lower rate of wages than provided in Chapter I of this Code. Section 5. (a) All wages due shall be payable weekly in lawful currency or by negotiable check. These wages shall be exempt from any payment for pensions, insurance or sick benefits other than those voluntarily paid by employees. Employers or their agents shall not accept, directly or indirectly, rebates on such wages or give anything of value nor extend any favors to any person for the purpose of influencing rates of wages or working conditions of their employees. The provisions of this section regarding payment of wages at the end of each weekly period shall not apply to persons employed in a managerial or executive capacity who earn not less than thirty-five dollars ($35.00) per week, nor to persons emp^ed in clerical or office work, who shall be paid at the end of pay periods not to exceed monthly periods. (b) Every employer shall make reasonable provisions for the safety and health of his employees at the place and during the hours of their employment. Standards for safety and health shall be sub- mitted by the Divisional Code Authority to the Administrator as soon as practicable after the effective date of this Code. Section 6. No member of this Division shall directly or indirectly &ublet (whether by the practice known as " lumping " of labor or otherwise) to any employee, other journeyman, helper or laborer, solely the labor services within the scope of this Chapter. 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. Article III — Administration Section 1. (a) A Divisional Code Authority is hereby constituted to administer this Code within this Division. The Divisional Code Authority shall consist of eleven (11) individuals, or such other number as may be approved from time to time by the Administrator. (b) Seven (7) members of the Divisional Code Authority shall be members or representatives of the Association, appointed by its Board of Directors. The four (4) remaining members shall be ini- tialty selected on a fair basis from non-members of the Association within this Division by the Board of Directors, subject to review by the Administrator, the said non-members to serve until their suc- cessors shall have been selected (by a method of selection satisfactory to and approved by the Administrator), by the members of this Division who are not members of the Association. * See paragraph 2 (1) of order approving this Code. (c) After said Divisional Code Authority has been duly estab- lished, the members thereof may, in manner and form required by law, incorporate in the State where the interests of said body are best served, provided, however, that said corporation is not organized for profit. Section 2. Review of Acts of Code Authorities. — If the Adminis- trator shall determine that any action of the Divisional Code Author- ity or any agency thereof may be unfair or unjust or contrary to the public interest, the Administrator may, to the extent of his power under the Act, 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 Administrator approves or unless he shall fail to disapprove after thirty days' notice to him of intention to proceed with such action in its original or modified form. Section 3. It being found necessary, in order to support the admin- istration of this Chapter and to maintain the standards of fair com- petition established by this code and to effectuate the policies 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 this Chapter. (b) to submit to the Administrator for his approval within thirty days after the effective date of this Divisional Chapter, subject to such notice and opportunity to be heard as he may deem necessary, (1) an itemized budget of the 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. (c) after such budget and basis of contribution have been approved by the Administrator, to determine and secure equitable contributions as above set forth by all such members of this division, and to that end, if necessary, to instigate legal proceedings thereunder in its own name, provided, however, that a member of this division shall be deemed in violation of this code only if he fails to pay such assess- ment after thirty days of the receipt of the notice of assessment. Section 4. Only members of the division complying with this code and contributing to the expenses of the administration of this Chap- ter as provided in Section 3 of this Article shall be entitled to partici- pate in the selection of the members of the Divisional Code Author- ity or to receive the benefits of its voluntary activities or to make use of any emblem or insignia of the National Recovery Administration. After the requirements of the Administrator have been complied with, non-payment by a member of this division of an equitable share of the costs of code administration to the Divisional Code Authority or to its properly authorized agency, constitutes a viola- tion of this code. 10 Article IV — Fair Trade Practice Regulations The following provisions are adopted as rules of Fair Trade Practice for members of this division, and any violation of said rules shall constitute an unfair method of competition and a violation of this Code : (a) No member of this Division shall induce or attempt to induce the breach of a contract between a competitor and his customer, provided that nothing in this rule shall be taken to prevent a mem- ber of this Division who has quoted upon the plans and/or speci- fications involved from calling to the attention of the purchaser, with the approval of the Divisional Code Authority, even though contract has been made, that the plans and/or specifications upon which the contract has been awarded or the work as being installed do or does not conform in quantity or quality to the plans and/or specifications on which the interested member of this division has quoted. (b) No member of this Division shall advertise, name, mark or bill materials, fixtures, apparatus, or installations as to quantity or quality in any manner which is intended to or does mislead or deceive purchasers. (c) No member of this Division shall receive, pay or allow secret rebates, refunds, credits or unearned discounts, whether in the form of money or otherwise, or extend to certain purchasers confidential prices, special service, or privileges not specifically mentioned in his original specifications. (d) No member of this Division shall agree to furnish or sell labor, materials, fixtures, apparatus or installations for any job at less than the estimated cost thereof. In connection with this rule estimated cost is defined as the sum of the estimated cost of labor including liability and compensation insurance, and cost of material including freight and cartage, filing fees and any other direct expense applicable to the job and an amount for overhead. The amount for overhead shall not be less than twelve and one-half percent (12^%) of the combined cost of labor including liability and compensation insurance, and the cost of material including freight and cartage. It shall be a defense to any charge of violation of this paragraph if the party charged shall satisfy the Administrator that his bid was not less than the estimated costs of any other member of the industry. 8 (e) No member of this Division shall substitute any materials, fixtures, apparatus or installations for the kind specified without written approval of the engineer or architect if any, and the purchaser. (f) No member of this Division shall give, permit to be given, or directly offer to give, anything of value for the purpose of influ- encing or rewarding the action of any employee, agent or representa- tive of another relation to the business of the employer of such em- ployee, the principal of such agent or the represented party, without the knowledge of such employer, principal or party. Commercial bribery provisions shall 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 commercial bribery as herein- above defined. * See paragraph 2 (3) of order approving this Code. 11 (g) No member of this Division shall make or cause to be made or published, any statement which is false or inaccurate, in any- material particular, concerning the goods, prices, values, credit terms, policies or services of a competitor. (h) No member of this Division shall accept or give securities, bonds, mortgages, stock, promissory notes, or other personal or real property, as whole or part payment for work or material, at other than its fair market value, to be determined in doubtful cases, by independent and competent appraisal. (i) Second hand material, obsolete or outmoded material shall be offered and installed only as such. (j) No member of this Division shall furnish plans and/or speci- fications for installation of work covered by this Code, for use of any owner or owners or his or their representative for the purpose of taking competitive bids, except in accordance with the provisions of the Construction Industry Code (in Chapter I or in an Engi- neering Division Chapter) which take jurisdiction over Engineering. (k) No member of this Division when as an individual using the tools of the trade shall work a greater number of hours or charge for his services a lower hourly rate than provided for in Chapter I or in this Chapter. (1) To protect the public against inadequate installations, mem- bers of this Division shall install all work in accordance with the applicable municipal or state law then existing and, where not con- flicting therewith, in accordance with the published Engineering Standards of the Association, except where otherwise required by definitely prepared plans and written specifications furnished by the owner or his authorized representative. When the welding process is used the work shall be done in accordance with the Welding Stand- ards and Specifications of the Association. The standards of the Association mentioned in this paragraph shall not be binding upon members of the industry until approved by the Administrator. (m) No member of this Division shall place (for the same ma- terial for a specific job for which he has the contract) blanket orders or future delivery contracts with more than one concern when the total so ordered is in excess of the material estimated to be required for such job. Future delivery orders or contracts for specific jobs shall contain sufficient information to identify definitely the job for which the orders are placed. (n) No member of this Division shall be a party to the unfair practice of " bid peddling " or " bid shopping " as defined in Chapter I hereof. (o) In competitive bidding, the following rules shall apply: (o-l) No member of this Division shall submit bids to aivyone not bound by this Code unless he expressty agrees to comply with the regulations governing an awarding authority provided in Article VII of Chapter I hereof. (o-2) In order to provide a check on the accuracy and fairness of estimates, any member of this Division bidding on any job amounting to two hundred and fifty dollars ($250.00) or more shall simultaneously with the submitting of bid or bids file copies of his bid or bids and all revisions thereof with an impartial depository designated by the Divisional Code Authority or its authorized repre- 12 sentative ; the same to be kept sealed and confidential until twenty- four (21) hours after the bids are due or until after the letting of the contract, following which the low or successful bid only may be disclosed to the bidders, except that a Committee of review may have confidential access to the files of bid depositories. (o-3) In the case of combination bids, or revisions thereof, the bid for the work not included in this Division shall be separate and distinct from any bid for work within this Division, and the com- bination bid shall be the aggregate of said separate and distinct bids. (o— 1) Each bid filed in accordance with paragraph (o-2) of this Section shall be accompanied by a fee of one dollar ($1.00). For the purposes of this paragraph, identical (except for name and ad- dress of recipient) copies of the same bid given to different parties for the same job shall be construed as one bid. The Divisional Code Authority shall use funds so received to pay the expenses of oper- ating bid depositories. Account of the receipts and expenditures of bid depositories shall be kept and the same shall be open to the Administrator or his representatives for inspection. (o-5) Upon request of any bidder a committee shall be appointed by the Divisional Code Authority or its authorized representative, which committee shall be empowered 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 the rules of fair competition have been violated, the violations shall be re- ported to the Divisional Code Authority for such action as it deems proper in accordance with this Code, including in appropriate cases, with the approval of the Administrator, report to the Federal District Attorney or the Federal Trade Commission. Article V — Posting Copies of Chapter I and this Chapter shall be kept continuously posted from the time of effective date in a conspicuous place in the office or shop of each member of this Division. Article VI — Modification Subject to the provisions of Article IV, B, Section 2 (c), of Chapter I hereof, the provisions of this Chapter except as to pro- visions required by the Act, may be modified on the basis of ex- perience 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 VII — Reference to Provisions of Chapter I The provisions of Sections 7 (a) and 10 (b) of the Act, which are set forth in Sections 1 and 6 respectively of Article VIII of Chapter I of this Code, are specifically incorporated herein by ref- erence with the same force and effect as if set forth herein in full; all other provisions of Chapter I of this Code, except as herein provided, apply within this Division with the same force and effect as if set forth herein in full.. 13 Article VIII — Effective Date This Code shall become effective in this Division on the fifteenth (15th) day after its approval by the President. Approved Code No. 244 — Supplement No. 16. Registry No. 1130-03. O UNIVERSITY OF FLORIDA 3 1262 08855 7441