[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: 24CFR70.4]



[Page 429-430]

 

                 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.  70.4  Procedure for implementing prevailing wage exemptions for 

volunteers.



    (a) This section applies to those HUD programs for which there is a 

statutory exemption for volunteers, as referenced in Sec.  70.1(a).

    (b) Local or State agencies or private parties whose employees are 

otherwise subject to Davis-Bacon or HUD-determined prevailing wage rates 

which propose to use volunteers and wish to pay the volunteers' 

expenses, reasonable benefits, or nominal fees shall request a 

determination from HUD that these payments meet the criteria in Sec.  

70.3(b). A written determination shall be provided to the requester by 

the Department within ten days of receipt by the Department of 

sufficient information to allow for the determination.

    (c) A determination under paragraph (b) shall not be construed in 

any way as limiting the use of bona fide volunteers on HUD-assisted 

construction, but rather is required to ensure that the Department 

performs its appropriate responsibilities under Reorganization Plan No. 

14 of 1950 and related Department of Labor Regulations in title 29 CFR 

part 5, regarding the administration and enforcement of the Davis-Bacon 

and Related Acts, and its responsibility for the administration and 

enforcement of HUD-determined or adopted wage rates in the operation of 

public housing assisted under the United States Housing Act of 1937.

    (d) 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, 

a description of the project (location, cost, nature of the work), and 

the number of volunteers and the hours of work they performed. The 

entity responsible for recording this information shall also provide a 

copy of this information to HUD.

    (e) For a project covered by prevailing wage rate requirements in



[[Page 430]]



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 paragraph (d) 

of this section, along with the names of the volunteers.

    (f) Volunteers who receive no expenses, benefits or fees described 

in (c) and are otherwise bona fide shall be recorded as in (d) or (e).