2006 Ohio Revised Code - 4115.03. Definitions.

§ 4115.03. 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 either of the following: 

(1) Any new construction of any public improvement, the total overall project cost of which is fairly estimated to be more than fifty thousand dollars adjusted biennially by the director of commerce pursuant to section 4115.034 [4115.03.4] 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; 

(2) Any reconstruction, enlargement, alteration, repair, remodeling, renovation, or painting of any public improvement, the total overall project cost of which is fairly estimated to be more than fifteen thousand dollars adjusted biennially by the administrator Å pursuant to section 4115.034 [4115.03.4] of the Revised Code and performed by other than full-time employees who have completed their probationary period in the classified civil 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 1515.08 of the Revised Code that is constructed pursuant to a contract with a soil and water conservation district, as defined in section 1515.01 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 1515., 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; 

(e) Life insurance; 

(f) Disability and sickness insurance; 

(g) Accident 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 public improvement, means: 

(1) Any person who submits a bid for the purpose of securing the award of a contract for construction of the public improvement; 

(2) Any person acting as a subcontractor of a person mentioned 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 mentioned 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 mentioned 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. 
 

HISTORY: GC § 17-3; 114 v 116; 116 v 206; Bureau of Code Revision, 10-1-53; 131 v 990 (Eff 11-3-65); 132 v S 225 (Eff 11-24-67); 133 v H 436 (Eff 10-14-69); 136 v H 1304 (Eff 8-25-76); 137 v H 1129 (Eff 9-25-78); 145 v H 350 (Eff 6-21-94); 146 v S 162 (Eff 10-29-95); 148 v H 471. Eff 7-1-2000.
 

Å So in enrolled bill, division (B)(2). 
 

The provisions of § 28.07 of 151 v H 16 read as follows: 

SECTION 28.07. PREVAILING WAGE REQUIREMENT 

Except as provided in section 4115.04 of the Revised Code, no moneys appropriated or reappropriated by the 126th General Assembly shall be used for the construction of public improvements, as defined in section 4115.03 of the Revised Code, unless the mechanics, laborers, or workers engaged therein are paid the prevailing rate of wages as prescribed in section 4115.04 of the Revised Code. Nothing in this section shall affect the wages and salaries established for state employees under the provisions of Chapter 124. of the Revised Code, or collective bargaining agreements entered into by the state pursuant to Chapter 4117. of the Revised Code, while engaged on force account work, nor shall this section interfere with the use of inmate and patient labor by the state. 

The effective date is set by section 12(A) of HB 471.