N.J. Admin. Code § 12:60-2A.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:60-2A.1 - Off-site manufacturing, assembly, or furnishing of materials, articles, supplies or equipment

(a) The manufacture, assembly or furnishing of materials, articles, supplies or equipment will be subject to the Prevailing Wage Act if conducted in connection with, and at the work-site of, such public works project.

(b) Custom fabrication is subject to the Prevailing Wage Act, pursuant to P.L. 2004, c. 101, §1 (N.J.S.A. 34:11-56.26), but custom fabrication shall not be subject to the requirements of this section.

(c) The work-site shall be deemed to include the following:

1. The physical place or places where the building or work called for in the public works contract, which is subject to the terms of the Prevailing Wage Act, will remain; and

2. Any other site where a significant portion of the building or work associated therewith, is constructed, provided that such site is established specifically for the performance of the contract or project.

(d) The following shall be considered to be part of the work-site of a public works project and subject to the terms of the Prevailing Wage Act:

1. Job headquarters, tool yards, batch plants, borrow pits, assembly centers and any other related manufacturing or construction site of the same contractor or a subcontractor provided that:

i. They are dedicated exclusively or primarily, to the performance of the public works contract or building project; and

ii. They are adjacent or virtually adjacent to the site of the work as defined in (c)1 above.

(e) Not included in the site of the work are those locations which were established by a supplier of materials for a public works construction project before the opening of bids and not on the site of the work as set forth in (c)1 and 2 above.

N.J. Admin. Code § 12:60-2A.1

Amended by R.2008 d.187, effective 7/7/2008.
See: 39 N.J.R. 2470(a), 40 N.J.R. 4221(b).
Section was "Off-site manufacturing, custom fabrication, or furnishing of materials, articles, supplies or equipment". In (a), inserted ", assembly"; added new (b); recodified former (b) through (d) as (c) through (e); in the introductory paragraph of (d)1, substituted "assembly" for "custom fabrication"; and in (d)1ii and (e), substituted "(c)1" for "(b)1".