[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR70.1]



[Page 427-428]

 

                 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.  70.1  Purpose and authority.









Sec.

70.1 Purpose and authority.

70.2 Applicability.

70.3 Definitions.

70.4 Procedure for implementing prevailing wage exemptions for 

          volunteers.

70.5 Procedure for obtaining HUD waiver of prevailing wage rates for 

          volunteers.



    Authority: Sec. 955, Cranston-Gonzalez National Affordable Housing 

Act (42 U.S.C. 1437(j), 5310 and 12 U.S.C. 1701q(c)(3); Sec. 7(d) 

Department of Housing and Urban Development Act (42 U.S.C. 3535(d)).



    Source: 57 FR 14756, Apr. 22, 1992, unless otherwise noted.





    (a) This part implements section 955 of the National Affordable 

Housing Act (NAHA), which provides an exemption from the requirement to 

pay prevailing wage rates determined under the Davis-Bacon Act or (in 

the case of laborers and mechanics employed in the



[[Page 428]]



operation of public housing projects, and architects, technical 

engineers, draftsmen and technicians employed in the development of 

public housing projects) determined or adopted by HUD, for volunteers 

employed on projects that are subject to prevailing wage rates under 

Title I of the Housing and Community Development Act of 1974 (including 

Community Development Block Grants, section 108 loan guarantees, and 

Urban Development Action Grants), under section 12 of the United States 

Housing Act of 1937 (public housing development and operation and 

section 8 projects), and under section 202 of the Housing Act of 1959 

for elderly and handicapped housing projects prior to the effective date 

of the amendment of section 202 by section 801 of NAHA. This part also 

implements other provisions that provide an exemption for volunteers, 

including section 286 of NAHA (the HOME program), section 202 of the 

House Act of 1959, as amended by NAHA (supportive housing for the 

elderly), and any later-enacted exemptions.

    (b) This part is also applicable to all HUD programs for which there 

is a statutory provision allowing HUD to waive Davis-Bacon wage rates 

for volunteers that are not otherwise employed at any time on the work 

for which the individual volunteers. These programs include section 811 

of NAHA (supportive housing for persons with disabilities), FHA mortgage 

insurance programs under sections 221(d)(3) and (d)(4) (each with 

respect to cooperative housing projects only), 221(h)(1) (but only where 

a nonprofit organization undertakes the construction), 235(j)(1) (but 

only where a nonprofit organization undertakes the construction), 231, 

232, 236 and 242 of the National Housing Act, rehabilitation under 

section 312 of the Housing Act of 1964 and college housing under section 

402 of the Housing Act of 1950.

    (c) This part provides definitions and procedures for determining 

allowable payments to volunteers, determining who is a bona fide 

volunteer, and otherwise implementing exemptions from and waivers of 

prevailing wage requirements where volunteers are employed.