this section or automatic authorization under the Housing Permit Regulation (§ 806.1 of this chapter), with the exception of certain small jobs and other work covered by paragraphs (d), (e), and (f) of this section. The restrictions of the order apply whether or not the materials needed are on hand or are available without priorities assistance. (b) Structures and work covered by this section (1) Kind of structures. The restrictions of this section apply to certain kinds of work on structures.

As used in the section, "structure" means any of the following, whether of a temporary or permanent nature (see Interpretation 3 as to portable structures):

A building.

An arena, stadium or grandstand, including bleachers or similar seating arrangements. A commercial amusement pier.

A boardwalk (not including wooden walks used in winter or bad weather). A moving picture set.

A roller coaster or similar device of a kind ordinarily used in amusement parks.

A swimming pool.

A wall or fence built principally of wood.

The erection of stands or other structures which have been used before and are being erected only for a temporary purpose and are to be taken down after the temporary purpose is served is not covered by the section.

The term "structure" does not include any kind of equipment or furniture that is not attached to a building or other structure, whether or not it is inside a structure. Section 809.5 contains examples of things which do not fall within the term "structure" as defined above.

(2) Kinds of work. The restrictions of this section apply to constructing, repairing, making additions or alterations (including alterations incidental to installing any kind of equipment), improving or converting structures, or installing or relocating fixtures or mechanical equipment in structures. These terms include any kind of work on a structure which involves the putting up or putting together of processed materials, products, fixtures or mechanical equipment, if the processed materials, products, fixtures or mechanical equipment are attached to a structure and used as a functional part of the structure, or are attached so firmly to the structure that removal would injure the material, product, fixture or mechanical equipment or the structure. However, the following kinds of work are not covered by this section:

Greasing, overhauling or repairing existing mechanical equipment or installing repair or replacement parts in existing mechanical equipment.

Sanding floors and sand blasting buildings.

Painting or papering an existing structure or applying waterproofing to an existing structure by painting or spraying where no work covered by the order is done in connection with the painting, papering or waterproofing.

Pointing bricks, sparkling plaster and caulking windows.

Installing loose fill, blanket, or batt insulation in existing buildings or installing insulation on existing equipment or piping. Laying asphalt or other floor tile or linoleum or installing cork block insulation, in existing buildings (whether or not cemented to the building).

NOTE: The exemptions given above for work done in existing buildings does not apply to work done in connection with the original construction of the building or to work done in order to complete a building immediately after its original construction.

(3) Fixtures and mechanical equipment. In general the term "fixture" means any article attached to a building or structure and used as part of it and the term "mechanical equipment" means plumbing, heating, ventilating and lighting equipment which is attached to the building and used to operate it. Section 809.2 contains lists of articles which are considered fixtures or mechanical equipment when attached to a structure in the manner described in that supplement and a list of other articles which are never considered fixtures or mechanical equipment.

No

(c) Prohibition on construction and repairs. (1) No person shall begin to construct, to repair, to make additions or alterations to. to improve, to convert from one purpose to another, or to install or to relocate fixtures or mechanical equipment in any structure, public or private, in the forty-eight States, the District of Columbia, Puerto Rico, the Virgin Islands or the Territory of Hawaii, except to the extent permitted under paragraphs (d). (e) and (f), or when and to the extent specifically authorized under paragraph (h) or automatically authorized under § 806.1. person shall carry on or participate in any construction, repair work, addition, improvement, conversion, alteration, installation or relocation of fixtures or mechanical equipment prohibited by this section. The prohibitions of this paragraph apply to a person who does his own construction work, to a person who gets a contractor to do the work, to contractors, sub-contractors, architects and engineers working on a job which is being carried on in violation of this section or getting others to work on it or to supply materials for it.

(2) This section forbids the beginning of certain kinds of work. To "begin" work on a structure means to incorporate into a structure on the site materials which are to be an integral part of the structure in question. Demolition, excavation and similar site preparation do not constitute beginning construction. The section does not apply to

work which was begun before the section became effective and which was being carried on on that date and which is carried on normally after that date. However, this rule only applies to the particular building or other structure begun at that time. It does not apply to any other building or structure which had not itself been begun by that date even though the two are closely related. Section 809.3 contains further provisions concerning the effective date of the order and concerning the beginning of construction. It also contains examples of work which constitute beginning construction, and examples of other work which do not constitute beginning construction.

(d) Small job allowances. This section does not prohibit the performance of any separate construction, repair, alteration or installation job, the cost of which does not exceed the allowance given in § 809.4 for the particular kind of structure or job involved. Section 809.4 lists various kinds of structures and states what the small job allowance is for each kind of structure or job. Section 809.4 also contains provisions as to the method of calculating the cost of a job for the purpose of this exemption, and also provides when a job is a separate job.

(e) Exemption for repair and maintenance work in industrial, utility and transportation structures. The prohibitions of this order do not apply to maintenance and repair work in structures listed in § 809.4 (b) (3). For the purpose of the exemption given by this paragraph, "maintenance" means the minimum upkeep necessary to keep a structure in sound working condition and "repair" means the restoration of a structure to sound working condition when the structure has been rendered unsafe or unfit for service by wear and tear, damage, failure of parts, or the like. However, neither maintenance nor repair includes the improvement of any structure by replacing material which is still usable with material of a better kind, quality or design. Alterations to a building or other structure covered by § 809.4 (b) (3), including alterations incidental to installation of equipment, are not exempted by this paragraph, and may only be done when and to the extent permitted under § 809.4 or when specifically authorized.

(1) Other exemptions—(1) Disasters. (1) The prohibitions of this section do not apply to the minimum work necessary to prevent more damage to a building or structure (or its contents) which has been damaged by flood, fire, tornado, or similar disaster. This does not include the restoration of the structure to its former condition.

(11) The prohibitions of this section do not apply to the repair, rebuilding or reconstruction of any house (including a farmhouse) or any farm building which was destroyed or damaged by fire, flood, tornado or similar disaster, if the total cost of the repairs, rebuilding or reconstruction does not exceed $6,000 and if the reconstruction is started

within sixty days of the occurrence of the disaster.

(2) Military construction. The prohibitions of this section do not apply to work by or for the account of the U. S. Army or Navy. (3) Veterans' Administration. The prohibitions of this section do not apply to work on construction projects of the Veterans' Administration, including projects being built by the Corps of Engineers for the Veterans' Administration, or to the remodeling of a building or any part of a building which has been leased to the Veterans' Administration or to Public Buildings Administration for occupancy or use by the Veterans' Administration.

(g) Prohibited receipts and deliveries. No person shall accept an order for, sell, deliver or cause to be delivered materials which he knows or has reason to believe will be used in work prohibited by this section. Section 803.9 of this chapter (d) (3) provides that no person may receive any material listed in Table I of that regulation for use in a construction project for which an authorization under § 809.1 is necessary unless an authorization for the project has already been obtained. Section 803.9 (e) of this chapter contains a prohibition on deliveries made by a person who knows or has reason to believe that the receipt would be a violation of § 803.9 of this chapter.

(h) Specific authorization. Persons who wish to begin housing construction work of the kind prohibited by this section should read § 806.1 of this chapter to determine whether they are eligible for automatic authorization under that regulation. Persons who wish to begin construction work of the kind prohibited by this section but not covered by the Housing Permit Regulation may apply for specific authorization as provided in § 809.6. Section 809.6 states what forms should be used and where the applications should be filled. Applications for non-housing construction will be reviewed to determine whether they meet the standards set forth in Direction 3 to § 809.1.

The assignment of priorities assistance or the approval of housing accommodations under § 803.11 of this chapter, whether before or after the time when this order became effective, or under § 803.5 of this chapter or other applicable regulation of the Housing Expediter, constitutes an authorization under this section to do the work for which priorities assistance or approval was given.

(1) Construction under authorizations. The following rules govern construction authorized under this section:

(1) Specific authorization. When a person is specifically authorized, either by approval of Form CPA-4423 or Form OHE 14171 (formerly CPA-4423) or Form CPA-4386 or otherwise, to do work restricted by this section, he must observe the restrictions imposed on him by the authorization, and in

doing the authorized work, he must not do any work of the kinds covered by the section unless it is specifically covered by the authorization. He may not, in connection with a job which has been specifically authorized, do additional work under the exemption given by § 809.4.

When an application on Form CPA-4423 or Form OHE 14-171 (formerly CPA-4423) has been approved a placard will be sent to the applicant stating that the construction has been approved under this section. The applicant must place in the placard the project serial number and must set up the placard in front of the project site in a conspicuous location within five days after construction has been started and he must keep the placard there until completion of the work.

If for any reason a builder wishes to abandon a project and another builder wishes to continue it, the new builder should apply to the appropriate office, attaching to his application a letter from the former builder joining in the request for the issuance of the new authorization.

(2) Automatic HPR authorization. If a person is automatically authorized under § 806.1 of this chapter to do work restricted by this section, he must observe the restrictions imposed on him by § 806.1 of this chapter, and in doing the authorized work he must not do any other work of the kinds covered by this section which is not included in his automatic authorization.

He may

not, in connection with a job which has been automatically authorized under HPR, do additional work under the exemption given by § 809.4.

(3) Authorizations not transferrable. No person to whom an authorization under this section has been issued shall transfer the authorization.

(1) Violations. Any person who wilfully violates any provision of this section or who, in connection with this section, wilfully conceals a material fact or furnishes false information to any department or agency of the United States is guilty of a crime, and upon conviction may be punished by fine or imprisonment. In addition, any such person may be prohibited from making or obtaining further deliveries of, or from processing or using material under priorities control, and may be deprived of priorities assistance.

(k) Communications. All communications concerning this section, except communications about applications for residential construction, should be addressed to the appropriate District Construction Office of the Office of the Housing Expediter or to the Office of the Housing Expediter, Washington 25, D. C., Ref.: VHP-1.

(1) Reports. All persons affected by this section shall file such reports as may be requested by the Office of the Housing Expediter, subject to the approval of the Bureau

of the Budget in accordance with the Federal Reports Act of 1942. [VHP-1, as amended June 1, 1947, 12 F.R. 3611]

NOTE 1: 809.1 as amended Apr. 30, 1947, appeared at 12 F.R. 2911.

NOTE 2: The following interpretations and directions were issued with reference to § 809.1 during the period covered by this Supplement:

INTERPRETATION 2

PROHIBITED DELIVERIES

(a) Paragraph (g) of § 809.1 provides as follows: "(g) Prohibited deliveries. No person shall accept an order for, sell, deliver or cause to be delivered materials which he knows or has reason to believe will be used in work prohibited by this order." Paragraph (c) of § 803.9 of this chapter provides as follows: "(c) Restrictions on delivery. No person may deliver any Table 1 material if he knows or has reason to believe that acceptance of the delivery would be in violation of this section."

(b) The purpose of paragraph (g) of § 809.1 and § 803.9 (c) is to prohibit the sale or delivery of materials by a supplier if he knows or has reason to believe that the materials supplied will be used in violation of § 809.1 or are for use in a job for which authorization under § 809.1 should, but has not, been obtained. These provisions do not impose on a fabricator or supplier any duty to investigate whether a proposed construction job for which he is asked to supply materials will be begun or carried on in violation of § 809.1, or whether it is specifically authorized or is exempt under that order. Mere knowledge that the kind of work involved is a kind which ordinarily would require authorization under the order does not constitute reason to believe that the work will be begun or carried on in violation of the order, and, in the absence of information to the contrary, the supplier may rely on the builder to get an authorization if authorization is required.

(c) Neither § 809.1 (g) nor § 803.9 (c) requires a supplier to get from his customer a certificate to the effect that the customer is not violating and will not violate § 809.1, or a certificate to the effect that the job for which the materials will be used is exempt under the section or has been authorized under the section. [Int. 2, as amended Apr. 30, 1947, 12 F.R. 3613]

INTERPRETATION 3

PORTABLE AND PREFABRICATED STRUCTURES

(a) The erection of a "portable" or prefabricated building or other structure is construction and is restricted by § 809.1, if the structure is placed on a foundation constructed on the site, or if the structure is connected to the ground by plumbing, wiring or other utility connection, or if the structure is placed on the ground on a spot

where it is intended to remain for an undetermined time.

(b) Erection of a "portable" or prefabricated structure is not construction and is not covered by § 809.1 only if the structure is placed on a temporary site for the purpose of moving it from time to time, without any foundation or other connection with the ground. For example, the erection of a shelter to be moved around frequently for use on different parts of a farm from time to time is not construction, while the erection of a prefabricated or "portable" structure for use as a garage on a house lot is construction, and is restricted by § 809.1.

(c) If the erection of a "portable" or prefabricated building constitutes construction, as indicated above, the cost of the job must be computed in accordance with § 809.4. If the cost of the job exceeds the applicable allowance under that supplement, authorization for the job must be obtained. [July 2, 1946, 12 F.R. 3613]

INTERPRETATION 4

SMALL JOB ALLOWANCES FOR INDUSTRIAL UTILITY AND TRANSPORTATION STRUCTURES

(a) Section 809.4 (b) (3) provides for small job allowances for certain industrial, utility and transportation structures. The small job allowance for one of these structures (with certain exceptions specified in the paragraph) depends upon the floor area which the particular structure has or will have. If the floor area of the particular building being built or altered is or will be 10,000 square feet or more, the allowance for alterations or additions or new construction is $15,000. On the other hand, if the floor area of the structure involved is and will be less than 10,000 square feet, the allowance is $2,500. If the cost of the proposed job, figured in accordance with § 809.4 (g), exceeds the small job allowance, authorization under § 809.1 must be obtained before starting the job.

(b) The following examples will explain the effect of this provision:

(1) A person proposes to construct a building to be used primarily as a factory. The floor area will be 1,500 square feet. The allowance for the job is $2,500.

(2) Any person owns a building which is used primarily as a factory and which has a floor area of 6,000 square feet. He proposes to make an alteration in the building. The allowance for this job is $2,500.

(3) A person owns a building which is used primarily for a factory and which has a floor area of 6,000 square feet. He proposes to build a wing on the building which will add 1,000 square feet, making a total of 7,000 square feet. The allowance for this job is $2,500.

(4) A person owns a building which is used primarily for a factory and which has a floor area of 8,000 square feet. He proposes to build a wing on the building which will add 2,000 square feet, making a total of 10,000

square feet. The allowance for this job is $15,000.

(5) A person owns a building which is used primarily for a factory and which has a floor area of 10,000 square feet or more. He proposes to make an alteration to the building. The allowance for this job is $15,000.

(6) A person proposes to build a building which will be used primarily for a factory and which will have a floor area of 10,000 square feet or more. The allowance for this job is $15,000.

(c) The floor area of the particular building which is to be built, in which the alteration is to be performed or to which the addition is to be built (including the floor area of any proposed addition) is the only floor area to be considered. The floor area of any other buildings may not be counted toward the 10,000 square feet, even though they are situated near to the building involved and are used for the same purpose.

(d) A building is considered a separate building from the one in which the construction is being done, if there are outside walls or party walls between the two buildings, even though the two are to be used for the same purpose, even though the two have common services, even though the two are connected by common roofs, continuous foundations, connecting passageways, covered passages, bridges, arcades or the like and even though the two have doorways or other openings providing for communication between the two buildings.

(e) The small job allowances provided in paragraph (b) (3) do not apply to structures of the kinds listed in paragraph (b) (4), and do not apply under the circumstances covered by 809.4 (c). [Int. 4, as amended June 1, 1947, 12 F.R. 3614]

(a) When an authorization is issued for the construction of a building or other structure described in the approved application, the builder may construct temporary structures on the site of the approved project which are necessary for its construction. For example, an authorization for a building includes authorization to put up temporary fences around the excavation, and temporary buildings for the purpose of storing materials for use as work rooms for architects or engineers on the job or to provide toilet facilities or dressing rooms for people working on the job or shacks for watchmen. These temporary buildings are covered by the authorization, whether or not they are placed upon temporary foundations or have lighting or plumbing connections.

(b) An authorization to construct a building or other structure does not give permission to put up buildings or other structures off the site of the approved project

nor does it include permission to put up permanent buildings or other structures which will remain after the completion of the construction job, except those specifically covered by the authorization. This is true even though the structures are of a kind which were exempt from the order at the time the original authorization was issued and were, therefore, not included in the original application.

(c) Where temporary construction buildings are put up in the course of building something which itself is not covered by the order, such as a bridge or dam, the usual rules set forth in § 809.1, as explained in Interpretation 3, apply. Authorization must be obtained if the proposed structure is covered by § 809.1 even though the structure is temporary and is to be removed when the job is finished. [Nov. 22, 1946, 12 F.R. 3614]

DIRECTION 3

STANDARDS FOR REVIEWING APPLICATIONS FOR NON-HOUSING CONSTRUCTION

(a) What this direction does. This direction sets forth the standards for reviewing applications under § 809.1 for permission to do non-housing construction restricted by the order.

In general no construction will be approved unless it is essential and non-deferrable, or unless it is necessary to alleviate or forestall an extreme and unusual hardship, or unless it will not use scarce building materials needed for the Veterans' Emergency Housing Program.

(b) Essentiality. An application may be approved on the ground that the construction of the proposed project at the present time is essential if it falls into one of the categories listed in this paragraph. The applicant must show clearly that the proposed construction is necessary to accomplish the purpose.

(1) Critical products. Applications for the construction of facilities necessary to maintain or increase production of materials or products considered to be in critically short supply may be granted where the shortage of facilities limits the production, and where the application is limited to the minimum construction needed. Applications from producers of industrially made houses or from producers of new materials approved by the Office of the Housing Expediter may be approved under this paragraph if the proposed construction is essential for the production of the houses or the new material. Applications for the construction of research laboratories or pilot plants may be approved where the proposed facility is necessary for research in connection with essential production.

(2) Food and other agricultural products. Applications for the construction of facilities necessary to maintain or increase the production or preservation of essential foods or food products may be approved. This includes applications for both on-farm and off-farm facilities. In addition, on-farm fa

cilities necessary to maintain the production of a farm may be approved, whether or not the farm produces food. Farm machinery and implement service facilities will not be approved under this paragraph except where it is clearly shown that the lack of such facilities is seriously hampering the production of essential foods. Frozen food locker plants will not be approved under this paragraph except in rural areas where substantially all of the food to be stored will be produced by the persons storing it, and then only when there are not sufficient- available facilities to prevent the wastage of food.

(3) Public health and safety. Applications for the construction of facilities providing essential services vitally necessary to the public health or safety, such as public utilities, fire stations, hospitals, and similar institutions may be approved where there is or will be a serious shortage of the proposed service and where the proposed construction is the minimum necessary to provide the locality with service equal to generally accepted minimum standards. Applications for the minimum alterations required by the local authorities to protect public health and safety may be approved.

(4) Community facilities. Applications for the construction of essential community facilities may be approved under this paragraph where it is clearly shown that the lack of such facilities constitutes a severe and unreasonable hardship on the community or area to be served. In general, applications for additional community facilities will not be approved under this paragraph unless there has recently been such a substantial growth in population that the existing facilities are clearly inadequate. Amusement or recreational facilities and office buildings will not generally be approved under this subparagraph.

(5) Primary and secondary schools. Applications for the construction of or additions or alterations to primary and secondary schools may be approved where the existing school facilities are inadequate or unsafe and where other similar schools within a reasonable distance cannot without undue crowding accommodate the students enrolled or to be enrolled in the immediate future.

(6) Veterans' Educational Program. Applications by universities, colleges and schools for the construction of educational facilities. such as classrooms, laboratories, libraries. shops and related facilities, such as dining rooms and residential space, may be approved where the facilities are indispensable for the Veterans' Educational Program under the GI Bill of Rights at the institution and where the existing facilities of the institution are being fully used, and adequate temporary facilities cannot be obtained.

(7) Maintenance and repairs. Applications for authorization to make repairs and to do maintenance work restricted by § 809.1 may be approved where denial will make it impossible to continue use of a building or