[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: 24CFR70.5]



[Page 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.  70.5  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.