4115.03.
Wages and hours on public works definitions
As used in sections
4115.03 to
4115.16 of the Revised
Code:
(A) |
"Public authority" means any officer, board, or
commission of the state, or any political subdivision of the state, authorized
to enter into a contract for the construction of a public improvement or to
construct the same by the direct employment of labor, or any institution
supported in whole or in part by public funds and said sections apply to
expenditures of such institutions made in whole or in part from public
funds. |
(B) |
"Construction" means any of the following:
(1) |
Except as provided in division (B)(3) of this section, any new construction of
a public improvement, the total overall project cost of which is fairly
estimated to be more than the following amounts and performed by other than
full-time employees who have completed their probationary periods in the
classified service of a public authority:
(a) |
One hundred twenty-five thousand dollars, beginning on
September 29, 2011, and continuing for one year
thereafter; |
(b) |
Two
hundred thousand dollars, beginning when the time period described in division
(B)(1)(a) of this section expires and continuing for one year
thereafter; |
(c) |
Two
hundred fifty thousand dollars, beginning when the time period described in
division (B)(1)(b) of this section expires. |
|
(2) |
Except as provided in division (B)(4) of this section, any reconstruction,
enlargement, alteration, repair, remodeling, renovation, or painting of a
public improvement, the total overall project cost of which is fairly estimated
to be more than the following amounts and performed by other than full-time
employees who have completed their probationary period in the classified civil
service of a public authority:
(a) |
Thirty-eight thousand dollars, beginning on September 29,
2011, and continuing for one year thereafter; |
(b) |
Sixty thousand dollars, beginning when the time period described in division
(B)(2)(a) of this section expires and continuing for one year
thereafter; |
(c) |
Seventy-five thousand dollars, beginning when the time period described in
division (B)(2)(b) of this section expires. |
|
(3) |
Any new construction of a public improvement that involves roads, streets,
alleys, sewers, ditches, and other works connected to road or bridge
construction, the total overall project cost of which is fairly estimated to be
more than seventy-eight thousand two hundred fifty-eight dollars adjusted
biennially by the director of commerce pursuant to section
4115.034 of the Revised Code and
performed by other than full-time employees who have completed their
probationary periods in the classified service of a public authority; |
(4) |
Any reconstruction, enlargement, alteration, repair, remodeling, renovation, or
painting of a public improvement that involves roads, streets, alleys, sewers,
ditches, and other works connected to road or bridge construction, the total
overall project cost of which is fairly estimated to be more than twenty-three
thousand four hundred forty-seven dollars adjusted biennially by the director
of commerce pursuant to section
4115.034 of the Revised
Code
and performed by other than full-time employees who have completed their
probationary periods in the classified service of a public
authority. |
|
(C) |
"Public improvement" includes all buildings,
roads, streets, alleys, sewers, ditches, sewage disposal plants, water works,
and all other structures or works constructed by a public authority of the
state or any political subdivision thereof or by any person who, pursuant to a
contract with a public authority, constructs any structure for a public
authority of the state or a political subdivision thereof. When a public
authority rents or leases a newly constructed structure within six months after
completion of such construction, all work performed on such structure to suit
it for occupancy by a public authority is a "public improvement." "Public
improvement" does not include an improvement authorized by section
940.06 of the Revised Code that is constructed
pursuant to a contract with a soil and water conservation district, as defined
in section 940.01 of the Revised Code, or performed as a result
of a petition filed pursuant to Chapter 6131., 6133., or 6135. of the Revised
Code, wherein no less than seventy-five per cent of the project is located on
private land and no less than seventy-five per cent of the cost of the
improvement is paid for by private property owners pursuant to Chapter
940.,
6131., 6133., or 6135. of the Revised Code. |
(D) |
"Locality" means the county wherein the physical
work upon any public improvement is being performed. |
(E) |
"Prevailing wages" means the sum of the following:
(1) |
The basic hourly rate of pay; |
(2) |
The rate of contribution irrevocably made by a contractor or subcontractor to a
trustee or to a third person pursuant to a fund, plan, or program; |
(3) |
The rate of costs to the contractor or subcontractor which may be reasonably
anticipated in providing the following fringe benefits to laborers and
mechanics pursuant to an enforceable commitment to carry out a financially
responsible plan or program which was communicated in writing to the laborers
and mechanics affected:
(a) |
Medical
or hospital care or insurance to provide such; |
(b) |
Pensions on retirement or death or insurance to provide such; |
(c) |
Compensation for injuries or illnesses resulting from occupational activities
if it is in addition to that coverage required by Chapters 4121. and 4123. of
the Revised Code; |
(d) |
Supplemental unemployment benefits that are in addition to those required by
Chapter 4141. of the Revised Code; |
(f) |
Disability and sickness insurance; |
(h) |
Vacation
and holiday pay; |
(i) |
Defraying of costs for apprenticeship or other similar training programs which
are beneficial only to the laborers and mechanics affected; |
(j) |
Other bona fide fringe benefits.
None of the benefits
enumerated in division (E)(3) of this section may be considered in the
determination of prevailing wages if federal, state, or local law requires
contractors or subcontractors to provide any of such
benefits.
|
|
|
(F) |
"Interested party," with respect to a particular
contract for construction of a public improvement, means:
(1) |
Any person who submits a bid for the purpose of securing the award of the
contract; |
(2) |
Any
person acting as a subcontractor of a person described in division (F)(1) of
this section; |
(3) |
Any bona
fide organization of labor which has as members or is authorized to represent
employees of a person described in division (F)(1) or (2) of this section and
which exists, in whole or in part, for the purpose of negotiating with
employers concerning the wages, hours, or terms and conditions of employment of
employees; |
(4) |
Any
association having as members any of the persons described in division (F)(1)
or (2) of this section. |
|
(G) |
Except as used in division (A) of this section,
"officer" means an individual who has an ownership interest or holds an office
of trust, command, or authority in a corporation, business trust, partnership,
or association. |
Cite as (Casemaker) R.C. § 4115.03
History. Amended by
131st General Assembly File No. TBD, HB 64, §101.01, eff.
1/1/2016.
Amended by
129th General AssemblyFile No.28, HB 153,
§101.01, eff.
9/29/2011.
Effective Date: 07-01-2000
.