OAR 839-025-0100
Exemptions from ORS 279C.800 to 279C.870

(1)

All public works are regulated under ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage).

(b)

Contracts of a People’s Utility District, which are regulated under ORS 261.345 (Employment of labor).

(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 (Definitions for ORS chapters 456 and 458), 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 (Payment of prevailing rate of wage) 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 (Protections and benefits for enrollees), 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 (Use of state correctional institution adult in custody labor for maintenance and improvement at state parks)(1).

(b)

Oregon Youth Conservation Corps members.

(3)

Pursuant to ORS 352.138 (Applicability of laws to public universities), universities with governing boards are exempt from the following Prevailing Wage Rate statutes: ORS 279C.805 (Policy); ORS 279C.807 (Workforce diversity for public works projects); ORS 279C.808 (Rules); ORS 279C.815 (Determination of prevailing wage); ORS 279C.817 (Determination of applicability of prevailing wage rate); ORS 279C.820 (Advisory committee to assist commissioner); and ORS 279C.829 (Agreement with other state to pay less than prevailing rate of wage). 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage) 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 (Definitions Generally)(9), 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 (Definitions for ORS 279C.800 to 279C.870) (6)(a)(D) are not exempt from ORS 279C.800 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage).
[Publications referenced are available from the agency.]

Source: Rule 839-025-0100 — Exemptions from ORS 279C.800 to 279C.870, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-025-0100.

839‑025‑0000
Notice of Proposed Rules 839‑025‑0003
Forms 839‑025‑0004
Definitions Generally 839‑025‑0005
Purpose and Procedure for Determination Requests 839‑025‑0006
Purpose and Procedure for Addition of Trade 839‑025‑0007
Purpose and Procedure for Special Wage Determination 839‑025‑0008
List of Planned Public Improvements and Cost Analysis 839‑025‑0010
Payroll and Certified Statement Requirements 839‑025‑0013
Notice of Public Works Form 839‑025‑0015
Public Works Bonds Requirements 839‑025‑0020
Public Works Contracts and Contract Specifications 839‑025‑0025
Required Records 839‑025‑0030
Records Availability 839‑025‑0033
Posting Requirements 839‑025‑0034
Establishing a Work Schedule 839‑025‑0035
Payment of Prevailing Rate of Wage 839‑025‑0037
Residential Construction Projects 839‑025‑0038
Use of Multiple Wage Rate Determinations on Projects 839‑025‑0040
Payment of Fringe Benefits 839‑025‑0043
Frequency of Payment of Fringe Benefits 839‑025‑0045
Youth Apprentices 839‑025‑0050
Overtime Wages Computations 839‑025‑0054
Exemption from Overtime Pay Requirements on Public Improvement Projects 839‑025‑0060
Apprentices Working upon Public Works Projects 839‑025‑0065
Trainees Working upon Public Works Projects 839‑025‑0080
Liability to Workers 839‑025‑0085
Contract Ineligibility 839‑025‑0090
List of Ineligibles 839‑025‑0095
Removal of Names from List of Ineligibles 839‑025‑0100
Exemptions from ORS 279C.800 to 279C.870 839‑025‑0150
Definitions Related to Installation of Art on Public Works 839‑025‑0155
Payment of Prevailing Rate of Wage for the Installation of Art on Public Works Projects 839‑025‑0200
Fees to Be Paid by Public Agency 839‑025‑0210
Adjustment of Fees Paid by Public Agency 839‑025‑0220
Fees for Contract Without Specific Award Amounts 839‑025‑0230
Fees for Contracts with Other Special Circumstances 839‑025‑0300
Actions that Circumvent Payment of Prevailing Wages Prohibited 839‑025‑0310
Division of Projects 839‑025‑0320
Payment of Prevailing Wage by Persons Other than Contractors or Subcontractors Prohibited 839‑025‑0330
Wage Averaging Prohibited 839‑025‑0340
Circumventions of the Prevailing Wage Rate Law 839‑025‑0500
Definitions Related to Civil Penalties for Violations of Prevailing Wage Rates on Public Works Matters 839‑025‑0510
Violations Separate and Distinct 839‑025‑0520
Criteria to Determine Civil Penalty 839‑025‑0530
Violations for Which a Civil Penalty May Be Assessed 839‑025‑0540
Schedule of Civil Penalties 839‑025‑0700
Prevailing Wage Rate Determination/Amendments to Determination 839‑025‑0750
Residential Prevailing Wage Rate Determinations
Last Updated

Jun. 8, 2021

Rule 839-025-0100’s source at or​.us