Current through Register Vol. 63, No. 12, December 1, 2024
(1)
All public works are regulated under ORS 279C.800 to 279C.870 except as
follows:
(a) Projects for which the total
price does not exceed $50,000. As used in this section, the price of a project
includes, but is not limited to, the value of work performed by every person
paid by a contractor or subcontractor in any manner for the person's work on
the project, but does not include the value of donated materials or work
performed on the project by individuals volunteering to the public agency
without pay. If the price of a project exceeds $50,000 at any time during the
project, the project is not exempt from ORS 279C.800 to 279C.870.
(b) Contracts of a People's Utility District,
which are regulated under ORS 261.345.
(c) Projects for which no funds of a public
agency are directly or indirectly used.
(d) Projects:
(A) That are privately owned;
(B) That use funds of a private
entity;
(C) In which less than 25
percent of the square footage of a completed project will be occupied or used
by a public agency; and
(D) For
which less than $750,000 of funds of a public agency are used.
(E) For purposes of this rule, if none of the
square footage of a completed project will be occupied or used by a public
agency and no funds of a public agency are used, the provisions of paragraphs
(C) and (D) of this subsection will be deemed to have been met.
(e) Projects for residential
construction that are privately owned and that predominantly provide affordable
housing. As used in this paragraph:
(A)
"Affordable housing" means housing that serves occupants whose incomes are no
greater than 60 percent of the area median income or, if the occupants are
owners, whose incomes are no greater than 80 percent of the area median
income.
(B) "Predominantly" means
60 percent or more.
(C) "Privately
owned" includes:
(i) Affordable housing
provided on real property owned by a public agency if the real property and
related structures are leased to a private entity for 50 or more years;
and
(ii) Affordable housing owned
by a partnership, nonprofit corporation or limited liability company in which a
housing authority, as defined in ORS 456.005, is a general partner, director or
managing member and the housing authority is not a majority owner in the
partnership, nonprofit corporation or limited liability company.
(2) The
provisions of ORS 279C.840 and these rules that regulate payment of the
prevailing rate of wage do not apply to:
(a)
Inmates of the Oregon Department of Corrections assigned to:
(A) A work release program or otherwise
working in gainful private employment pursuant to ORS 144.480, relating to
prison inmate labor; or
(B) State
Parks and Recreation Department projects to improve, maintain and repair
buildings and property at state parks and recreation areas pursuant to ORS
390.195(1).
(b) Oregon
Youth Conservation Corps members.
(3) Pursuant to ORS 352.138, universities
with governing boards are exempt from the following Prevailing Wage Rate
statutes: ORS 279C.805; ORS 279C.807; ORS 279C.808; ORS 279C.815; ORS 279C.817;
ORS 279C.820; and ORS 279C.829. This exemption, however, does not apply to an
agreement under the terms of which a private entity constructs, reconstructs,
renovates or paints an improvement on real property owned by a university with
a governing board or by a nonprofit organization or other entity that a
university with a governing board owns or controls exclusively.
(4) A public agency is not subject to ORS
279C.800 to 279C.870 if the public agency only provides funds for a public
works project that are not "funds of a public agency" as that phrase is defined
in OAR 839-025-0004, or, if the public agency will use or occupy less than 25%
of the square footage of the completed public works project and less than 25%
of combined square footage of the completed project will be used or occupied by
public agencies.
(5)
Notwithstanding the provisions of sections (1), (2), (3), and (4) of this rule,
public works as defined in ORS 279C.800(6)(a)(D) are not exempt from ORS
279C.800 to 279C.870.
Publications referenced are available from the
agency.
Statutory/Other Authority: ORS 651.060 & ORS
279C.808
Statutes/Other Implemented: ORS
390.195
