OAR 839-025-0150: Definitions Related to Installation of Art on Public Works

(1) For purposes of this rule and OAR 839-025-0155, notwithstanding the definitions in 839-025-0004: (a) “Construction,” “reconstruction,” and “major renovation” do not include the installation of applied art. (b) “Worker” does not include an individual whose primary duty consists of the performance of work that is original and creative in character in a recognized field of artistic endeavor (as contrasted to work which can be produced by an individual endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination or talent of the individual. (2) The installation of applied art includes, but is not limited to, the installation of pictures (including paintings, etchings, drawings and photographs), all hangings, pieces of sculpture, statues and other artistic pieces which are independent unto themselves and are not necessary to the structural integrity of the public work. (3) Installation work necessary to the structural integrity of a public work includes, but is not limited to, the installation of windows, ceiling tiles, brick and concrete masonry, sheet metal or other fascia materials, siding of any kind, lights, support beams and any item necessary to the construction of the actual public work itself, or to the health and safety of persons who use or will use the public work. The painting of a public work, or any of its parts is considered necessary to the structural integrity of the public work. (4) Work considered to be "de minimus" means work not regulated under ORS 279C.800 to 279C.870 or these rules.