[Code of Federal Regulations]
[Title 24, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 24CFR70.5]

[Page 415]
 
                 TITLE 24--HOUSING AND URBAN DEVELOPMENT
 
PART 70--USE OF VOLUNTEERS ON PROJECTS SUBJECT TO DAVIS-BACON AND HUD-DETERMINED WAGE RATES--Table of Contents
 
Sec. 70.5  Procedure for obtaining HUD waiver of prevailing wage rates for volunteers.

    (a) This section applies to those HUD programs under which HUD is 
statutorily authorized to waive prevailing wage requirements for 
volunteers, as referenced in Sec. 70.1(b).
    (b) Local or State agencies or private parties whose employees are 
otherwise subject to prevailing wage rates and which wish to use 
volunteers shall request a waiver of prevailing wage requirements from 
HUD for the volunteers. A request for waiver shall indicate that the 
proposed volunteers are volunteering their services for the purposes of 
lowering the costs of construction. The request shall include 
information sufficient for HUD to make a determination, as required by 
statute, that any amounts saved through the use of volunteers are fully 
credited to the corporation, cooperative, or public body or agency 
undertaking the construction and a determination that any payments to 
volunteers meet the criteria in section 70.3(b). Information regarding 
the crediting of amounts saved is required in order to insure that the 
statutorily prescribed purpose of lowering the costs of construction is 
fulfilled by passing savings from the use of volunteers on to the 
sponsor or other body or agency undertaking the construction, rather 
than permitting the retention of any savings as a windfall by a 
contractor or subcontractor. A written waiver shall be provided to the 
requestor by the Department within ten days of receipt by the Department 
of sufficient information to meet the requirements for a waiver.
    (c) For a project covered by prevailing wage rate requirements in 
which all the work is to be done by volunteers and there are no paid 
construction employees, the local or State funding agency (or, if none, 
the entity that employs the volunteers) shall record in the pertinent 
project file the name and address of the agency sponsoring the project, 
the name, location, and HUD project number (if any) of the project, the 
number of volunteers, and type of work and hours of work they performed. 
The entity responsible for recording this information shall provide a 
copy of the information to HUD.
    (d) For a project covered by prevailing wage rate requirements in 
which there is to be a mix of paid workers and volunteers, the local or 
State funding agency (or, if none, the entity responsible for generating 
certified payrolls) shall provide HUD the information in (c) of this 
section, along with the names of the proposed volunteers.