(1) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.
(2) A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning: The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or
(3) Employees on the project who are not members of or affiliated with a collective bargaining organization.