260 R.I. Code R. 260-RICR-30-15-3.3

Current through November 7, 2024

Section 260-RICR-30-15-3.3 - Definitions

A. "Base hourly rate of pay" means the rate of pay identified for the trade as "Rates" on the General Wage Decisions of the Davis-Bacon Act, 40 U.S.C. § 3142 (2017).

B. "Construction"

1. "Construction" means construction activity, as distinguished from manufacturing, furnishing of materials or servicing and maintenance work and includes, without limitation, the construction of buildings, structures, improvements of all types and heavy construction work;

2. Construction work includes altering, remodeling, demolishing existing structures, installation of items fabricated off-site, painting and decorating, the transporting of materials and supplies to or from the public works site by the employee of the public works contractor or subcontractor consistent with R.I. Gen. Laws § 37-13-7(c).

C. "Employee" means any person employed by an employer. This definition shall be interpreted consistent with the definition of "employee" under the Fair Labor Standards Act, 29 U.S.C. § 203(e), including any exemptions thereto under said Act applicable to employment in Rhode Island.

D. "Employer" means any person acting directly or indirectly in the interest of an employer in relation to an employee. This definition shall be interpreted consistent with the definition of "employee" herein and the definition of "employer" under 29 U.S.C. § 203(d), including any exemptions thereto under said act applicable to employment in Rhode Island.

E. "Fringe benefit" means a benefit that is granted by an employer to an employee by company policy that involves a monetary cost such as holiday pay, vacation pay, health insurance, bona fide pension plans, etc. Benefits required by law such as workers compensation, unemployment premiums and matching social security are not considered "fringe benefits" and cannot be used as a credit against the fringe benefit portion of the rate. Authorized fringe benefit credits may be deducted from prevailing wages owed pursuant to § 3.4(Q) of this Part.

F. "Fringe benefit credit" means the amount identified as "Fringes" for the trade on the General Wage Decisions, 40 U.S.C. § 3142 (2017).

G. "Heavy construction"

1. "Heavy construction" means those construction projects that are not properly classified as either "building", "highway", or "residential". Projects within the heavy classification are distinguished on the basis of their particular project characteristics, like complex engineering and industrial nature, and separate wage determinations;

2. Examples of heavy construction include, but are not limited to power plants, pipelines, mass transit lines, marine and port facilities, sewage and solid waste facilities, landfills wastewater treatment facilities, sanitary, storm and sewer facilities, water supply facilities, transmission lines, aqueducts, water treatment facilities, desalination plant facilities, dams and reservoirs and the laying of fiber optic cable.

H. "Independent contractor" means any natural person, business, corporation or entity of any kind that provides goods or services to another and that does not qualify as an "employee" as provided for herein.

I. "Prevailing wage" means the Base Hourly Rate of Pay plus the Fringe Benefit Credit which are listed on the General Wage Decisions, 40 U.S.C. § 3142 (2017), developed by the U.S. Department of Labor and adopted by the Rhode Island Department of Labor and Training.

J. "Prevailing wage law" means R.I. Gen. Laws § 37-13-1, et seq.

K. "Principal" is a person who has a majority of the ownership of a business, firm or corporation.

L. "Public agency" means the State of Rhode Island, any awarding agency or authority of the State of Rhode Island, those agencies listed at R.I. Gen. Laws § 37-13-7(d), any Rhode Island city, town or village or any division of same, or any person or other entity acting on behalf of any public agency as defined herein.

M. "Public work"

1. "Public work" means grading, clearing, demolition, improvement, completion, repair, alteration or construction on any public site;

2. "Public work" does not include:

a. Grading, clearing, demolition, improvement, completion, repair, alteration or construction on any public site for which no salary or wages or in kind payments are paid or owed;

b. Ordinary maintenance work performed on a regularly scheduled basis (e.g., daily, weekly, monthly, seasonally, semiannually or annually) or on a routine basis to service, check, or replace items or parts that are not broken.

N. "Public works contract" means any contract, purchase order, or any other legal agreement, in writing, for any public work or heavy construction on a public site to be performed by a public contractor on behalf of a public agency for a fixed or determinable amount of One Thousand Dollars or more ($1,000), where public funds are utilized.

1. "public works contract" does not include general maintenance and service contracts where the contractor performs comprehensive, wrap-around, general maintenance and services to public entities, including, but not limited to: janitorial services, the maintenance, servicing and limited replacement of air conditioning, electrical, heating, plumbing, refrigeration and ventilation systems and the limited replacement of structural and cosmetic materials within facilities when the size, type or extent of such facilities is not changed.

a. "Limited Replacement" means the replacement of electrical, mechanical or plumbing equipment and/or devices, or the demolition, removal and replacement and/or application of structural and cosmetic materials, including, but not limited to, drywall, ceiling tiles, paint, carpeting, flooring tiles and vinyl flooring, when the work is performed on an emergency basis to address immediate needs to return the facility to a safe and suitable operating condition.

b. "Servicing" means the routine work necessary to keep electrical, mechanical and plumbing systems operational, including, but not limited to: replacing filters, belts, hoses, gaskets and other parts required for the equipment to operate as intended.

O. "Public works contractor" means the prime contractor, and each and every subcontractor, performing public work or heavy construction on any public works project site.

P. "Public works project" means public work or heavy construction work at any public works site for a public purpose for which the prevailing wage law applies.

Q. "Public works site"

1. "Public works site" means the physical place or places, but not a privately owned residence where the heavy construction or public work called for in the public works contract takes place or will remain and is owned or will be owned by the public agency;

2. The physical place(s) where the public work or heavy construction is to occur also means other adjacent or nearby property used by the public works contractor or subcontractor which can reasonably be said to be included in the public works site;

3. Physical place(s) which are not owned by a public agency but which are developed under contract and in anticipation of being owned by a public agency shall be considered a public works site.

R. "Residential construction" means projects consisting of single family homes and apartments up to and including four (4) stories.

S. "Successor in interest" is one who continues to retain the same right, control or interest in a new business, firm, or corporation which purchased or merged with a former business, firm or corporation.

260 R.I. Code R. 260-RICR-30-15-3.3

Adopted effective 12/16/2018