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under chapter 18.27RCW and/or licensed under chapter 19.28RCW, that performs
any work on a public works project site, and/or is required to pay industrial insurance
premiums as a construction company.
(b) Employers engaged in shipbuilding and ship repair, building service maintenance,
and any fabricator or manufacturer that produces nonstandard items specifically for a
public works project.
(c) Employers that contract with contractors or subcontractors for the purpose of the
production and/or delivery of materials pursuant to the terms of WAC296-127-018.
(6) The term municipality shall include every city, county, town, district, political subdivision,
or other public agency thereof which is authorized by law to require the execution of public
work, except drainage districts, diking districts, diking and drainage improvement districts,
drainage improvement districts, diking improvement districts, consolidated diking and drainage
improvement districts, consolidated drainage improvement districts, consolidated diking
improvement districts, irrigation districts, or any such other districts as shall from time to time
be authorized by law for the reclamation or development of waste or undeveloped lands.
(7)(a) The term “public work” shall include:
(i) All work, construction, alteration, enlargement, improvement, repair, and/or demolition that is
executed by contract, purchase order, or any other legal agreement and that is executed at the cost
of the state of Washington or of any municipality. The source of the funding shall not determine the
applicability of the statute, and may include, but is not limited to, such sources as those payments
made through contracts with insurance companies on behalf of the insured state or municipality;
(ii) All work, construction, alteration, enlargement, improvement, repair, and/or demolition
which, by law, constitutes a lien or charge on any property of the state or of a municipality;
(iii) All work, construction, alteration, repair, or improvement, other than ordinary
maintenance that the state or a municipality causes to be performed by a private party
through a contract to rent, lease, or purchase at least fifty percent of the project by one or
more state agencies or municipalities, pursuant to RCW39.04.260;
(iv) Maintenance, except ordinary maintenance as defined by (b)(iii) of this subsection,
when performed by contract. Maintenance is defined as keeping existing facilities in good
usable, operational condition;
(v) Janitorial and building service maintenance as defined by WAC296-127-023, when
performed by contract, on public buildings and/or assets; and
(vi) The fabrication and/or manufacture of nonstandard items produced by contract
specifically for a public works project as defined by (a)(i) through (v) of this subsection.
(b) The term “public work” shall not include:
(i) Work, construction, alteration, enlargement, improvement, repair, demolition, and/
or maintenance for which no wage or salary compensation is paid, consistent with the
requirements of RCW35.21.278; or
(ii) Ordinary maintenance.
(A) Ordinary maintenance is defined as maintenance work performed by the regular
employees of the state or any county, municipality, or political subdivision created by its laws.
(B) For housing authorities when contracting with a property management services
company for purposes of operating a housing project, as defined in RCW 35.82.030. Rental