Delaware § 2001 - Definitions [For application of this section, see 84 Del. Laws, c. 453, § 3].

§ 2001. Definitions [For application of this section, see 84 Del. Laws, c. 453, § 3].

For purposes of this chapter:

(1) “Awarding authority” means a person that awards, enters into, or assumes a service contract or subcontract.

(2) “Contractor” means a person, including a subcontractor, who enters into a service contract or subcontract to be performed, if the person employs more than 4 service employees anywhere in the United States.

(3) “Covered location” means any of the following:

a. A multi-family residential building with more than 50 units.

b. If occupying more than 100,000 square feet, a commercial center, commercial complex, office building, or office complex.

c. A cultural center or complex, including museums, convention centers, arenas, or performance halls.

d. An industrial site.

e. A pharmaceutical lab.

f. An airport.

g. A train station.

h. A health-care provider.

i. A warehouse, distribution center, or other facility for which the primary purpose is the storage or distribution of general merchandise, refrigerated goods, or any other products.

j. A building operated or managed by an “agency” as defined in § 6902 of Title 29.

(4) “Employer” means a person who employs service employees at a covered location.

(5) “Health-care provider” means a facility that provides “long-term, acute, or outpatient health-care services” as these services are defined in § 7971 of Title 29.

(6) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that employs service employees or enters into a service contract.

(7) “Service contract” means a contract between an awarding authority and a contractor to provide services performed by a service employee at a covered location.

(8) a. “Service employee” means an individual employed or assigned to a covered location on a full or part-time basis for at least 60 days in connection with any of the following:

1. The care or maintenance of a building or property, including work performed by a security guard, front-desk worker, janitor, maintenance employee, concierge, door attendant, building superintendent, grounds maintenance worker, stationary fireman, elevator operator, or window cleaner.

2. In addition to paragraph (8)a.1. of this section, any of the following in an airport: passenger-related security services, cargo-related and ramp services, in-terminal passenger and baggage handling, and cleaning services.

3. Food preparation services at a school that is an agency under paragraph (3)j. of this section.

b. “Service employee” does not include an individual who is any of the following:

1. A managerial or professional employee.

2. Regularly scheduled to work less than 16 hours per week.

3. Who performs work on any building, structural, electric, HVAC, or plumbing project, if the work requires a license under Title 24 or a permit.

(9) “Successor employer” means an employer for which any of the following apply:

a. Is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days.

b. Has purchased or acquired control of a property where service employees were employed at any time during the previous 90 days.

c. Terminates or does not renew a service contract and hires service employees as its direct employees to perform services that are substantially similar within 90 days after a service contract is terminated or ends.

84 Del. Laws, c. 453, § 1;