Section 170-13-III - Construction Industry ClassificationA) Classification for purposes of survey response and wage determination must be done at the project level. Classification for the purpose of inclusion in the mailed survey will be based on the NAICS code assigned to the individual businesses from the cooperative program between the Maine Department of Labor and the U.S. Bureau of Labor Statistics called the Quarterly Census of Employment and Wages. B) There will be three industry classifications: Building Construction, Highway Construction and Earthwork, and Heavy and Bridge Construction. Building Construction will be subdivided into two subcategories as described below.C) Building Construction will include those construction activities listed in NAICS 236 Construction of Buildings; 1) The Building I subcategory will include the construction of single and two-family homes.2) The Building II subcategory will include the construction of all other buildings and structures in NAICS 236 not otherwise classified in (1) above.D) Highway Construction and Earthwork will include those construction activities listed in NAICS 2372 Land Subdivision and 2373 Highway, Street, and Bridge Construction, except that the construction of bridges, elevated highways and overpasses will be included in Heavy and Bridge Construction ((E) below), and those activities from other codes within NAICS 237 Heavy and Civil Engineering Construction listed below: athletic fields bridle paths brush clearing and cutting drainage, not in conjunction with other construction earthmoving, not in conjunction with other construction golf courses | land reclamation manholes pond construction tennis court construction (outdoors) trail building trailer parks/campgrounds |
E) Heavy and Bridge Construction will include those construction activities in NAICS 237, except those listed in (D) above.F) Construction activities listed in NAICS 238 Specialty Trade Contractors will be classified based on the classification of the project on which the work is being performed (e. g. workers employed by an electrical contractor, NAICS 23821, working on a building project would be classified in Building. If working on a sewerage treatment plant project these same workers would be classified in Heavy and Bridge). For the purpose of determining which businesses in this group are mailed the survey, the "BLS-Only NAICS Codes" definitions classify businesses as either residential which will be Building I or non-residential which will be Building II. G) If, during the two-week period, a worker is employed on two or more projects that could be classified in different industries, the worker must be reported in the industry in which the worker worked the greatest number of hours. If this cannot be determined, the worker will be reported as working in the primary industry of the company. H) The individual businesses classified as performing the work in the Building I subcategory will not be included in the mailed survey. For projects in the Building I category the Bureau will use the Building II rates. I) The Bureau may develop methods to exclude construction businesses from the survey that are likely to employ fewer than 5 craft workers.12-170 C.M.R. ch. 13, § III