Or. Admin. Code § 839-025-0013

Current through Register Vol. 63, No. 11, November 1, 2024

Section 839-025-0013 - Notice of Public Works Form

(1) The notification form required by ORS 279C.835 is the Notice of Public Works form, WH-81.

(2) Except as provided in sections (4), (5), and (6) of this rule, the public agency must file the Notice of Public Works form, WH-81, with the Prevailing Wage Rate Unit within 30 days after the date a public works contract is awarded.

(3) The Notice of Public Works form, WH-81, must be accompanied by:

(a) payment of the fee required pursuant to ORS 279C.825; and

(b) a copy of the disclosure of first-tier subcontractors submitted to the public agency by the contractor if required pursuant to ORS 279C.370 and if a public agency awards a contract to a contractor for a public works project.

(4) When a project is a public works project pursuant to ORS 279C.800(6)(a)(B) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public agency providing public funds for the project at the time the public agency commits to the provision of funds for the project.

(5) When a project is a public works project pursuant to ORS 279C.800(6)(a)(C) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public agency when the agency enters into an agreement to occupy or use the completed project.

(6) When a project is a public works project pursuant to ORS 279C.800(6)(a)(D) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public agency that owns the land, premise(s), structure(s) or building(s) on which the solar radiation device will be constructed or installed at the time the public agency enters into an agreement authorizing the construction or installation of the solar radiation device.

(7) When a project is a public works project pursuant to ORS 279C.800(6)(a)(E) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public university listed in ORS 352.002 that owns the real property on which the work takes place, at the time the public agency enters into an agreement authorizing the project.

(8) If a project is a public works of the type described in ORS 279C.800(6)(a)(F) and no public agency awards a contract to a contractor for the project, the Notice of Public Works form shall be filed by the public agency or agencies providing public funds for the project or by the public agency that owns the real property on which the demolition or removal of hazardous waste takes place. The form shall be filed at the time the public agency commits to the provision of funds for the project or authorizes demolition or hazardous waste removal work to be performed.

(9) Public agencies are not required to file a Notice of Public Works form when the contract awarded is not regulated under the provisions of ORS 279C.800 to 279C.870.

Or. Admin. Code § 839-025-0013

BL 14-1982, f. 10-19-82, ef. 10-20-82; BL 4-1984, f. & ef. 3-13-84; BL 3-1996, f. & cert. ef. 1-26-96; BLI 5-2002, f. 2-14-02, cert. ef. 2-15-02; Renumbered from 839-016-0013, BLI 7-2005, f. 2-25-05, cert. ef. 3-1-05; BLI 42-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 18-2009(Temp), f. 8-3-09, cert. ef. 8-5-09 thru 1-31-10; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10; BLI 23-2010, f. 12-30-10, cert. ef. 1-1-11; BLI 9-2013, f. 12-18-13, cert. ef. 1-1-14; BLI 4-2018, amend filed 02/22/2018, effective 2/22/2018; BLI 2-2024, amend filed 01/04/2024, effective 1/4/2024

Forms and Publications referenced in these rules are available from the Wage and Hour Division of the Bureau of Labor and Industries.

Statutory/Other Authority: ORS 651.060 & ORS 279C.808

Statutes/Other Implemented: ORS 279C.800 - 279C.870