Current through Register Vol. 63, No. 3, March 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(10), 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 279 & 651.060
Statutes/Other Implemented: ORS
279.357,
390.195(1)
& OL Ch. 628 (2001)
