As used in the regulations in this part:
(a) The terms building or work generally include construction
activity as distinguished from manufacturing, furnishing of materials,
or servicing and maintenance work. The terms include, without
limitation, buildings, structures, and improvements of all types, such
as bridges, dams, plants, highways, parkways, streets, subways, tunnels,
sewers, mains, powerlines, pumping stations, railways, airports,
terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties,
breakwaters, levees, and canals; dredging, shoring, scaffolding,
drilling, blasting, excavating, clearing, and landscaping. Unless
conducted in connection with and at the site of such a building or work
as is described in the foregoing sentence, the manufacture or furnishing
of materials, articles, supplies, or equipment (whether or not a Federal
or State agency acquires title to such materials, articles, supplies, or
equipment during the course of the manufacture or furnishing, or owns
the materials from which they are manufactured or furnished) is not a
building or work within the meaning of the regulations in this part.
(b) The terms construction, prosecution, completion, or repair mean
all types of work done on a particular building or work at the site
thereof, including, without limitation, altering, remodeling, painting
and decorating, the transporting of materials and supplies to or from
the building or work by the employees of the construction contractor or
construction subcontractor, and the manufacturing or furnishing of
materials, articles, supplies, or equipment on the site of the building
or work, by persons employed at the site by the contractor or
subcontractor.
(c) The terms public building or public work include building or
work for whose construction, prosecution, completion, or repair, as
defined above, a Federal agency is a contracting party, regardless of
whether title thereof is in a Federal agency.
(d) The term building or work financed in whole or in part by loans
or grants from the United States includes building or work for whose
construction, prosecution, completion, or repair, as defined above,
payment or part payment is made directly or indirectly from funds
provided by loans or grants by a Federal agency. The term includes
building or work for which the Federal assistance granted is in the form
of loan guarantees or insurance.
(e) Every person paid by a contractor or subcontractor in any manner
for his labor in the construction, prosecution, completion, or repair of
a public building or public work or building or work financed in whole
or in part by loans or grants from the United States is employed and
receiving wages, regardless of any contractual relationship alleged to
exist between him and the real employer.
(f) The term any affiliated person includes a spouse, child, parent,
or other close relative of the contractor or subcontractor; a partner or
officer of the contractor or subcontractor; a corporation closely
connected with the contractor or subcontractor as parent, subsidiary, or
otherwise, and an officer or agent of such corporation.
(g) The term Federal agency means the United States, the District of
Columbia, and all executive departments, independent establishments,
administrative agencies, and instrumentalities of the United States and
of the District of Columbia, including corporations, all or
substantially all of the stock of which is beneficially owned by the
United States, by the District of Columbia, or any of the foregoing
departments, establishments, agencies, and instrumentalities.
[29 FR 97, Jan. 4, 1964, as amended at 38 FR 32575, Nov. 27, 1973]
