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

(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.