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(a) General Coverage. State prevailing wage rates apply to all public works
contracts as set forth in Labor Code Sections 1720, 1720.2, 1720.3, 1720.4,
and 1771.
(1) Any interested party enumerated in Section 16000 of these regulations may
file with the Director of Industrial Relations or the Director's duly authorized
representative, as set forth in Section 16301 of these regulations, a request
to determine coverage under the prevailing wage laws regarding either a specific
project or type of work to be performed which that interested party believes
may be subject to or excluded from coverage as public works under the Labor
Code. If such a request is filed by any party other than the awarding body,
a copy of the request must be served upon the awarding body, in accordance with
the filing procedures set forth in Section 16302(d) of these regulations, when
it is filed with the Director.
(2) Within 15 days of receipt of a copy of the request for a coverage determination,
the awarding body shall forward to the Director or his/her duly authorized representative
as provided for in Section 16301 of these regulations, any documents, arguments,
or authorities it wishes to have considered in the coverage determination process.
(3) All parties to the coverage determination request shall have a continuing
duty to provide the Director or his/her duly authorized representative as provided
for in Section 16301 of these regulations, with relevant documents in their
possession or control, until a determination is made. Where any party or parties'
agent has a document in their possession, but refuses to release a copy, the
Department shall consider that the documents, if released, would contain information
adverse to the withholding party's position and may close the record and render
a decision on the basis of that inference and the information received.
(b) Federally Funded or Assisted Projects. The application of state prevailing
wage rates when higher is required whenever federally funded or assisted projects
are controlled or carried out by California awarding bodies of any sort.
(c) Field Surveying Projects. Field survey work traditionally covered by collective
bargaining agreements is subject to prevailing wage rates when it is integral
to the specific public works project in the design, preconstruction, or construction
phase.
(d) Residential Projects. Residential projects consisting of single family homes
and apartments up to and including four stories are subject to payment of prevailing
wages when paid for in whole or in part out of public funds, including federally-funded
or assisted residential projects controlled or carried out by an awarding body.
Note: Such projects may require a special determination by the Director which
should be requested by the awarding body at least 45 days before the commencement
of advertising of the call for bids by the awarding body.
(e) Commercial Projects. All non-residential construction projects including
new work, additions, alterations, reconstruction and repairs. Includes residential
projects over four stories.
(f) Maintenance. Public works contracts for maintenance are subject to prevailing
wage rate payment as set forth in Section 1771 of the Labor Code.
Note: See Article 1 for definition of term maintenance.
NOTE: Authority cited: Section 1773.5, Labor Code. Reference: Sections 1720,
1720.2, 1720.3, 1720.4 and 1771, Labor Code.
HISTORY
1. Amendment of subsection (a) and NOTE and adoption of subsections (a)(1)-(3)
and (e) and relettering former subsection (e) to (f) filed 2-20-92; operative
3-23-92 (Register 92, No. 13).
2. Amendment of subsection (b) and (d) and Note filed 12-27-96; operative 1-26-97
(Register 96, No. 52).
3. Change without regulatory effect repealing amendments to subsections (b)
and (d) and Note filed 2-19-99 (Register 99, No. 8). Pursuant to Sacramento
Superior Court Order Issued 6-4-97 in Case 97CS 00471 the amendments filed 12-27-96
and effective 1-27-97 were invalidated and the prior regulations were reinstated.
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