(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."
Notes
Cal. Code Regs. Tit. 8, §
16001
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.
Note: Authority cited: Section
1773.5, Labor
Code. Reference: Sections
1720,
1720.2,
1720.3,
1720.4 and
1771, Labor
Code.
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.