875—150.2 (91C) Definitions.
“Commissioner” means the labor commissioner of the division of labor services of the workforce development department or the commissioner’s designee.
“Construction” means new work, additions, alterations, reconstruction, installations, repairs and demolitions. Construction activities are generally administered or managed from a relatively fixed place of business, but the actual construction work is performed at one or more different sites which may be dispersed geographically. Examples of construction activities, adopted by reference, are in 871—23.82(96) for purposes of the Iowa employment security law. For work on structures that are both located in an area that is subject to a disaster emergency proclamation pursuant to Iowa Code section 29C.6 and damaged by circumstances related to those that caused the disaster emergency proclamation, “construction” includes asbestos abatement.
“Contractor” means a person who engages in the business of construction as the term is defined in 871—23.82(96), for purposes of the Iowa employment security law, including subcontractors and special trade contractors. Also included are persons who conduct or perform construction on an incidental or occasional basis, regardless of whether the person is classified as being engaged in construction by the unemployment insurance services division of the workforce development department.
“Division” means the division of labor services of the workforce development department.
“File” means deliver to the division.
“Out-of-state contractor” means a contractor whose principal place of business is in another state, and who contracts to perform construction in this state.
“Principal place of business” means the state in which a substantial part of the contractor’s business is transacted and from which the centralized supervision is exercised. Factors to be reviewed include:
	  1. 	 State designated as home office on documents filed with governmental agencies.
	  2. 	 State where payroll is prepared.
	  3. 	 State where business transactions are performed.
	  4. 	 State where officers, owners, or partners reside and work.
	  5. 	 State in which bank accounts are located.
	  6. 	 State in which fixed business property is located.
	  7. 	 State where management decisions are made.
“Same phase of construction” means in the same type of construction operations or trade, such as, but not limited to, electrical work; masonry, stonework, tile setting and plastering; roofing; sheet metal work; excavation work; concrete work; glasswork; painting, paper hanging and decorating; plumbing, heating and air conditioning work; carpentry work; and miscellaneous special trade contractors.
“Working days” means Mondays through Fridays but shall not include Saturdays, Sundays or federal or state holidays. In computing 15 working days, the day of receipt of any notice shall not be included, and the last day of the 15 working days shall be included.
[ARC 8812B, IAB 6/2/10, effective 7/1/10]