Key Information Flashcards

1
Q

Updates the code every three years

A
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2
Q

The State Code act updates the code every three years

A
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3
Q

Creates a requirement for a construction Board of Appeals for
each enforcing agency

A

must have a requirement for a construct

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4
Q

Requires 1 or more smoke detectors in existing homes built
before November 6, 1974.

A
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5
Q

Promulgates rules for pre-manufactured units.

A

Specifically requires that the maximum riser height is 8 1/4
inches and the minimum tread depth is 9 inches and 1 inch stair
nosing. (important)

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6
Q

who Is Covered by the Act?

A

Workers under 18 years of age and at least 14 years of age

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7
Q

Creates a requirement for a construction Board of Appeals for
each enforcing agency

A

s a requirement for a construct

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8
Q

hours for minors

A

Combined school and work not to exceed 48 hours per week

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9
Q

. Supervision on minors

A

Minors require on-site supervision by a qualified person 18
years or older

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10
Q

As of November 6, 1986 all employers must complete Form
1-9 for all new applicants

A

Must be completed within the first three (3) days of employment

Employers must retain 1-9 forms for at least three (3) years after
the date of hire or one (1) year after employment ends, whichever
is late

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11
Q

Key information of types on business ownership

A
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12
Q

Sole Proprietorship

A

Advantages:
a. Easy to establish
b. Freedom from government stipulations
c. Minor investment to get started
d. Owner determines how profits are used

  1. Disadvantages:
    a. Owner liable for all debts
    b. Liability includes personal assets
    c. Proprietorship ceases upon death of the owner
    d. Income tax is computed at normal individual rates on all the
    earnings
    of the business
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13
Q

General Partnership

A

A general partnership is the unincorporated association of two or more parties who join together as co-owners in order to establish a business
for profit.

Advantages: no income tax, merge assets,

Disadvantages:
a. Each partner is liable for the business debts of the other
partners.
b. A general partnership ceases with the death of a partner.
c. Business decisions have to be agreed upon by all partners.
d. Partners pay income taxes at the normal individual rate.

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14
Q

Limited Partnership

A

A limited partnership allows an individual to invest in a general
partnership but have no input to how the partnership is operated.

Advantages:
a. Limited liability based on investment.
b. Shares in the profits.
c. LLP pays no taxes

  1. Disadvantages:
    a. Requires complex legal documentation.
    b. Compliance with state and federal regulations.
    c. Partners pay income taxes at the normal individual rate.
    (shark tank)
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15
Q

Corporation

A

A corporation is a business type where-by one or more individuals
unite to form one entity. Upon meeting state corporation
requirements in reference to filing, the corporation is regarded
as being separate from the individuals that created it.

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16
Q

Limited Liability Company

A

A Limited Liability Company has the limited liability of a corporation and
the tax advantage of a partnership. The LLC has less legal requirements
and more tax and economic benefits. The owner pays taxes on earnings
as an individual, not as a corporation

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17
Q

S-Corporation

A

A S-Corporation is a corporation which has met I.R.S.
requirements to receive the benefits of being taxed as a
partnership rather than a corporation.

The requirements include:
a. Have no more than 100 shareholders
b. Must be U.S. citizens
c. There can only be one outstanding stock
S-Corporations pay no corporate taxes, however shareholders
pay taxes on dividends.

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18
Q

Joint Venture

A

Several (Business Members) come together to form a new business
entity larger and financially stronger than if they acted alone. The joint
venture combines talents & resources in order to carry out a single defined project

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19
Q

HOMR SOLICITATION SALES ACT

A

An act to regulate the sales of goods or services of more than
$25.00 by a seller to a homeowner at the residence by use of
verbal, telephonic or written solicitation

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20
Q

Provisions

A
  1. Provides a fine of not more than six months or not more than
    $500.00 or both.
  2. Provides a cancellation period of three business days
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21
Q

Uniform Commercial Code

A

s contravvt for te sale of goods for the price of $1,000 or more must be writtten and signed

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22
Q

you do contracts with owners, sub contracts with subs

A
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23
Q

Americans 1992 with Disabilities Act (ADA)

A

provides Federal Civil Rights protection to individuals with
disabilities. Guarantees equal opportunity for individuals with
disabilities in reference to public accommodations,
employment, transportation, state and local government
services, and telecommunications

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24
Q

Americans 1992 with Disabilities act Provisions

A

law applies to employers with fifteen or more employees

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25
ADA Penalties
First violation related to ADA: $55,000 2. Second violation or subsequent violations: $110,000
26
ADA Enforcments
The ADA requirements are enforceable only through the U.S. Dept. of Justice. 2. The BFD requirement are enforceable at the local & state level
27
Laws Pertaining to Employment: federal Civil RIghts ACT 1964
Prohibits discrimination based on race, color, religion, sex, or national origin
28
Fair Housing/ADA:
1. Applies to multi Family unit facilities (4 or more units). 2. May apply to Single Family units which are funded by Federal and State funds. 3. A certain percentage of units complying with ADA requirement would be required.
29
Davis Bacon Act 1931
The Federal Law applies to Federal construction projects and Federally funded projects. Wages to workers shall be based on the “PREVAILING WAGE” of the trade in the vicinity in which the work is performed. This Act comes under the Jurisdiction of the U.S. Dept. of Labor
30
The Family Medical Leave Act:
allows employees unpaid leave for certain reasons. Up to 12 weeks in a 12 month period. This Law pertains to employers with 50 or more employees engaged in commerce or affecting commerce.
31
Michigan ACT 390 of 1978
Payment of wages and fringe benefits. Fringe benefits must be paid according to a written contract or policy
32
Elliott-Larsen Civil Rights Act 453 of 1976
Prohibits an employer from discriminating against an individual with respect to employment, compensation, or other conditions because of: Religion Race Color National Origin Age Sex Height Weight Marital Status
33
Elliott-Larsen Civil Rights Act 453 of 1976
B. Prohibits private employers from obtaining and maintaining arrest records which did not result in a conviction as it relates to a misdemeanor. C. The Act also prohibits discrimination as it relates to housing, public accommodations, public service, and educational facilities.
34
Minimum Wage Law
As of January 1, 2016, the minimum rate is $8.50 per hour. 2. After 40 hours in any one work week, compensation is 1 1/2 times the regular rat
35
Employing Minors Youth Employment Standards Act
Who Is Covered by the Act Workers under 18 years of age and at least 14 years
36
Examples of Hazardous Jobs
1. Working with hazardous substances such as chemicals and explosives. 2. Woodworking machinery. 3. Logging and sawmills. 4. Welding. 5. WORK ON CONSTRUCTION SITES 6. Slaughter houses 7. Power driven tools, equipment, and machinery. 8. Fast food delivery services.
37
Employing Minors Youth Employment Standards Act HOURS
38
Starting a business
to www.michigan.gov/entitysearch After obtaining your “EIN” go to www.michigan.gov/ corporations and register your business entity Corporations file “Articles of Incorporation”. Form CSCL/CD 500 LLC files articles of "Organization" Form CSCL/CD 700
39
Construction Contracts information
40
Letter of Intent / Short term contract
Used before a contract can be finalized. 2. Used for Fast Track projects must be signed and dated and agreed by owner and contractor
41
Lump sum contract
Document relates to a specific job. 2. Provides the total scope of work. 3. Provides a lump sum amount for stated work. 4. Used predominately in residential construction.
42
Unit price contract
requires the owner/architect to compile a list of total quantities requires contractor to provide the cost per unit to supply and install total cost of project unknown until project is completed
43
D. Cost plus/ plus fee contract (Construction Management)
1. Total construction costs unknown to owner. 2. Drawings and specifications not completed for bidding. 3. Contractor provides target estimate. 4. Both owner and contractor prefer sub-contractor bidding. 5. Must have written agreement concerning payment of contractor fees. 6. Must have a written agreement concerning accounting methods. 7. Contractor must have a written agreement concerning what is reimbursable and non reimbursable.
44
Cost plus percentage of cost contract (Time and Materials)
1. Used when the scope of work is poorly defined. 2. Used to cover emergency repairs and renovations to occupied facilities. 3. No incentive to reduce costs. 4. Contractors must be modest in their profit.
45
WRITING DETAIL CONTRACTS
Need to know the owner of the property Scheduled payments in the contract Down payment to the start of a job, usually 10% down When is final payment due: with permit final inspection, without permit building puts a date Try not to place a start and end date on your contract Addenda is the change in the scope of work Change in conditions: owner must know if changes Sanitation ex: porta Jon Construction financing; new builds it would be owner, even in insurance work you still work for the owner
46
CONTRACTS BETWEEN OWNER AND CONTACTR FOR A RESIDENTIAL PROJECT
47
Contracts between owner and contractor
A well defined contract will protect both the homeowner and the contractor. The contract will provide responsibilities for the homeowner and the contractor and also a means to address problem areas or disputes.
48
EXample contract on page 27
49
Recommendations that a quality contract should contain
Drawings and specifications identified as: (Project Number) An adequate scope of work defined or per plans and specifications. (Page Numbers - Revision Dates)
50
Quality Contracts should contain
Date of agreement location Contract lump sum. Progress payments and who authorizes payments Insurance requirements for owner and contractor Ownership of drawings must be defined. licensing for the plans
51
Contractors responsibilities including
a. Review of documents and site conditions b. Preparation of a schedule c. Supervision of site including subcontractors d. Provides for labor and materials e. Provides discipline and order f. Provides warranties g. Provide payment for permits, and code related inspections. h. Provides submittals as required i. Provide clean up of site j. Provides for certificate of occupancy to owner k. Protection of persons and property
52
Provisions on subcontracts
whoever installed work has to protect their work.
53
Contracts between Contractor and Subcontractor
A well defined contract between the contractor and subcontractor will protect both parties from misunderstandings relating to responsibilities of both parties. The following is a list of recommendations to include in a thorough contract
54
Contracts between Contractor and Subcontractor Responsibilities of the contractor
Cooperates with subcontractors’ schedules Provides communication to subcontractor in reference to modifications and change orders. Provides subcontractor with material safety data sheets and other safety related issues.
55
Contracts between Contractor and Subcontractor Claims by the contractor
Delays due to subcontractor will result in liquidated damage payment to the contractor of $ _______per day (you also make them responsible for any code related penalties)
56
Addenda and Change Orders
During the course of bidding a project or during the construction of a project the architect and/or owner will provide revisions to the original plan. Revisions could be due to errors, omissions, or simply for clarifications to the original plan
57
Alternative Dispute Resolution
When a dispute happens work can be stopped. When this happens the contract should already have in place a method where by all parties can resolve the matter through “alternative dispute resolution
58
Alternative Dispute Resolution Mediation
Third party (mediator) reviews the matter, documents and other evidence of a claim Any settlement is non-binding unless the disputants agree to it
59
Arbitration
Both parties must agree to arbitration The awarded settlement is binding There is no appeal process
60
Facilitation
Both disputants or their attorneys select a third party(facilitator) 3. The facilitator has a professional legal and construction background. 4. This method is not binding.
61
: American Arbitration Association 1-800-778-7879 www.adr.org
62
WARRANTIES
Any construction defects related to installation or materials within the first year after substantial completion or occupancy
63
Substantial completion of work is obtained when the owner can take possession and use the structure for its intended purpose
64
PROGRESS PAYMENTS
Payments need to be made to the contractor during the course of the construction project. The owner or the construction loan lender provides the payments
65
Progress payments review ofPayment
Fixed price contracts generally require a percentage of work to be completed prior to payment being approved. paid off perventage of work done. The architect will issue A CERTIFICATE OF PAYMENT authorizing the owner or financial institution.
66
Part 603, Lead Exposure
Part 603 applies to lead exposure in the construction industry. Includes demolition, salvage, removal repairs, painting
67
Lead based paint: Renovation, Repair, and Painting (RRP)
Contractors are required to be “Certified Renovators” to do the following: a. Work on homes built before 1978 b. Disturb an interior painted surface 6 square ft. or greater. c. Disturb an exterior painted surface 20 square ft. or greater
68
Lead facts
5.Lead stays in the blood stream for approximately 30 days 6. Lead stays in soft organs 6-8 months 7. Lead stays in bones and teeth up to 30 years
69
Radon
A natural colorless, order less, radioactive gas, naturally caused in the soil and seeps out. It is nine (9) times heavier than air. Long term exposure is linked to lung cancer. It enters through openings in foundations and slabs.
70
Action Level Radon
The EPA has set a “Take Action Level” at 4 PCI/L (Equivaent to 10 cigarettes per day)
71
Asbestos Standards
72
Asbestos containing material (ACM) means any material containing more than______
one percent asbestos
73
Difference between OSHA and MIOSHA
OSHA is federal org. Michigan also enfores requirments
74
Abestos Employer’s Responsibility
The employer shall prevent direct exposure of employees to airborne concentrations of asbestos in excess of 0.1 fiber per cubic centimeter of air as an eight (8) hour time weighted average.
75
Where Can I Find Asbestos And When Can It Be A Problem?
Steam Pipees, boilers, and Furnaces Resilient Floor tiles Cement Sheet, millboard Door Gasket Soundproofing or decorative material Patching and joint compound and texture paints. Asbestos Cement roofing , shingles, and siding Artificial ashes and embers Gloves, stove-top pads, ironing boards covers Automobile brakes pads and linings
76
Examples of Where Asbestos Hazards May Be Found in the Home
Houses built between 1930 and 1950 may have asbestos as insulation Attic and wall insulation produced using vermiculite ore
77
MIOSHA Part 690 Silica Standards
No dust to be airborne
78
Competent person
means an individual who is capable of identifying existing and foreseeable respirable crystalline silica hazards in the workplace
79
Workers Compensation in Michigan
Workers’ compensation is the system that provides wage replacement, medical and rehabilitation benefits to workers who are injured on the job
80
Workers Compensation
It is essentially a no-fault system that requires an employer to compensate a worker for any injury suffered in the course of the worker’s employment, regardless of who was at fault.
81
Injured workers are entitled to only:
(1) certain benefits to make up for the loss of wages suffered by the injured worker (limited by annually adjusted caps (2) the cost of medical treatment (subject to cost containment rules); (3) vocational rehabilitation services (limited to 104 weeks) the person’s return to work at the same or similar job or working with an agency to help the worker find a job with another employer
82
How are workers’ compensation benefits paid for?
Employees do not pay for workers’ compensation; there are no deductions from their paychecks for workers’ compensation; nor do they pay into a workers’ compensation fund.
83
What happens if a worker is injured on the job?
A worker should notify the employer of a work-related injury or illness as soon as he/she is aware of the injury or illness
84
Once notified of the injury or illness, the insured employer is responsible for promptly:
Filing the “Employer’s Basic Report of Injury” (form 100) with Michigan’s Workers’ Compensation Agency (WCA) for all wage loss cases.
85
How are workers’ compensation benefits paid?
A worker must have a wage loss of at least one week in order to receive any workers’ compensation wage loss benefits. T
86
How much is paid in workers’ compensation?
Generally, workers receive 80% of the after-tax value of their wage loss
87
Which employers must carry workers’ compensation coverage?
All private employers regularly employing 1 or more employees 35 hours or more per week for 13 weeks or longer during the preceding 52 weeks 35/13/52 (test question) All private employers regularly employing 3 or more employees at one time. (This includes part-time employees.)
88
Who is an employee? for worksman comp
An employee is any person in the service of another, under any contract of hire, express or implied. A sole proprietor (self-employed individual) working in his or her sole proprietorship is never an employee of that business.
89
Does the sole proprietor get workman comp?
Sole proprietors only require a workers’ compensation policy when they have 1 full time or 3 part-time employees. The owner of a sole proprietor is not considered an employee of the business.
90
What is an exclusion form? 418.161
It is a form provided by the Insurance Compliance Division (WC-337) which is completed by the employer and filed with the Agency. The form may be used by employers who only employ persons who can be excluded under the Workers’ Disability Compensation Act (Act). The proper filing of this form allows the employer to comply with the insurance requirements of the Act without purchasing a policy of workers’ compensation insurance. After the completed form is filed with the Agency, the excluded employees are barred from receiving workers’ compensation benefits.
91
Which employers may use an exclusion form?
No. The Agency will return all exclusion forms filed by a sole proprietor with no employees. Question 6 explains which employers may use an exclusion form. Question 11 lays out some of the criteria that must be met in order to be considered an independent contractor
92
Can a sole proprietor be covered under a workers’ compensation policy?
No. A sole proprietor cannot receive workers’ compensation benefits under a policy issued to the sole proprietorship or the general contractor (principal contractor) when the sole proprietorship operates as an independent contractor.
93
Key Information for Workers Disability
An act to consolidate laws relating to workers disability compensation, to create boards and commissions to provide certain procedures for resolution of claims, prescribe fees, remedies, and penalties as it relates to workers disability compensation.
94
Workers disabilities compensation
1. An injury related to intentional misconduct shall not be compensated. “Horseplay” is compensable 2.2. Compensation related to a death shall include 80% of the after tax weekly wage of the employee to be paid to Dependants who were wholly dependent upon the employee’s earnings. Such payment shall continue for 500 weeks from date of death 3.The employer shall pay, or cause to be paid funeral expenses related to a job site death up to $6,000.00
95
Key Information for Construction Insurance/
Insurance does not eliminate all the risks that a contractor may be involved with but it does shift the burden to a professional risk taker, the insurance company. Most contracts require the contractor to provide adequate insurance for the construction project
96
Types on Insurance All risk builders insurance
Protects the construction project and materials form external forces. There are endorsements that can be added to include protection against fire, wind, storms, vandalism and “act of God”.
97
Type of Insurance Contractors property insurance
Protects the contractors office and related equipment. There are “floaters” which could include contractor’s equipment, transportation of equipment and materials.
98
Types of Insurance Liability insurance
Protects the contractor in reference to risks related to non-employee injuries or damages caused by the contractor to someone else’s property. This type of insurance could include the following:
99
Types of Insurance Worker’s compensation insurance
Protects the employing contractor from additional financial damages from a lawsuit by an employee claiming a work related injury, illness and/or fatality
100
Types of insurance Employer’s liability insurance
The coverage provides added risk protection to an employer who has an employee injured or killed in a related construction accident. This is over and above the worker’s compensation insurance
101
Types of Insurance Title insurance
The owner’s policy assures a purchaser that the title to the property is vested in that purchaser and that is free from all defects, liens and encumbrances except those listed as exceptions in the policy
102
Types of Bonds Bid Bond
a. Provided by the contractor to the owner which guarantees that should the contractor “win” the bid for doing the quoted job, that he/she will perform the scope of work. b. bid security dollar amounts can range from 5 to 10 percent of the project
103
Types of Bonds Performance Bond
A Bond that guarantees that he contractor will complete the contracted project for the estimate sum. This bond is usually for 100% of the contract sum
104
Types of Bond Payment Bond
A bond provided by the general contractor usually at the request of the owner/owners agent that guarantees payment to all subcontractors and suppliers by the general contractor.
105
Marketing
1.Determine your personal strengths and weaknesses and those of your business 2. Determine your target clients 3. Provide a method of establishing trust for both clients and employees. Get clients and employees involved with input into the proposed project. 4. Provide your clients with the wow factor
106
Marketing Check off list
1. Promote the name of your company with the public. Examples: vehicle signage, job site signs, business cards, and even the use of logos on t-shirts, hard or soft hats Public websites
107
Masonry Ingredients
Portland cement 2. Hydrated lime 3. Sand
108
Type of Mortat Type M
Has high compression strength, very good for BELOW GRADE use, foundations, sewers, retention walls. Maintains strength in severe frost, wind, and soil pressure
109
Type of Mortat Type N
Has medium compression strength for general use above grade, exterior masonry, walls and chimneys
110
Type of Mortat Type S
has medium to high strength capability recommended where bond and lateral strength are important, such as when flexural bending/moving is required or where mortar is the only bonding agent
111
Type of Mortat Type O and K
mainley low strength for interior
112
Admixtures
Calcium chloride (liquid form) prevents the mortar mix from freezing
113
D. Approved Addition of Sand
. Addition of sand increases compression strength. 2. The approved addition of lime reduces strength but increases flexibility and makes the mortar “stickier”.
114
Placement of Mortar
Placement of mortar should be done during temperatures between 70 degrees and 100 degrees Fahrenheit 5. When temperatures exceed 90 degrees Fahrenheit with winds 8 mph or greater, mortar beds shall not exceed 4 feet ahead of masonry units.
115
Grout
Grout is similar to mortar but has a greater degree of slump (more liquid).
116
Concrete Masonry Units (CMU’s)
Concrete block comes in various sizes and shapes but the most common is 8”, 10”, and 12”. Nine 8” x 8” x 16” blocks = 8 square feet of wall area.
117
Standard brick
Standard is 3 1/4” x 2 1/4” x 8” 7 standard brick are required to cover 1 square foot of wall area.
118
Masonry Walls MIOSHA Part 2 deals with the rules related to masonry walls exposed to winds.
c. Restricted zones for walls greater than 8 FEET (height of wall + 4 feet) g. Written certification of employee training
119
concrete concrete Mix
portland cement most commone type is TYPE 1 fine aggregate (such as sand which passes through a 1/4 sieve coarse aggregate, Such as pea stone and gravel maximum size will be 11/2” or less and water
120
how much is a cubic foot of concrete weight
150 lbs
121
Concrete admixtures
Generally 5 to 7 percent in mixes with 3/4” to 1 inch aggregate when used in severe weather conditions/ Air entrainment can also be used in warm weather to reduce water ratios. MUST use air entrained concrete on all exterior concrete
122
Concrete admixtures
Water reducers, accelerators: Help to remove water from the plastic concrete in freezing weather. Calcium chloride should not be used with reinforcing steel due to the probability of creating corrosion.
123
Concrete admixtures superplasticiczers
Superplasticizers: Reduce the water required in a mix design and improves flow and workability.
124
Note: Freezing weather conditions require fresh concrete to be protected. In most cases the use of a construction blanket will meet this requirement.
125
Footing Types
bearing wall strip footing. Generally used in residential construction when a basement is involved.
126
Foundations
The thickness and concrete PSI strength will be determined by many factors including; Backfill, loads, structural live loads and dead loads, soil bearing conditions, and types of reinforcement
127
foundations
Concrete placed in foundation forms should not be dropped more than 5 feet. ( Use form releasing agents)
128
foundation
Concrete should be vibrated after placement to avoid cold seams. (Seams created by previous pours) In mild weather conditions, foundation forms generally can be removed 12 hours after placement of concrete, in severe weather conditions wait 5 to 6 days.
129
Reinformcement (rebar and wire fabric)
Rebar is measured in 1/8ths of an inch, therefore a #3 rebar is 3/8” inches in diameter, #5 rebar is 5/8” inches in diameter, and #8 rebar is 8/8” inches in diameter or 1”. Splices in rebar should not be less than 12” overlaps
130
Concrete structural joints
New concrete shrinks as it sets. For example 100 lineal feet of concrete will shrink 3/4 of an inch.
131
Concrete structural joints
Expansion joints permit total freedom of movement. Control joints in slabs isolate random cracking caused by shrinkage, moisture and temperature changes, and load stresses
132
Concrete structural joints
Saw cut control joints should be made within 4-12 HOURS of placement. (saw cuts are minimum quarter of depth of concrete) Completing a slab with a trowel finish should be done the wet sheen disappears.
132
What do you do prior to concrete placements?
Moisten sub grade with water prior to concrete placement
133
A test for determining the density of wet concrete is a?
slump test
134
Concrete curing
Concrete is to have 4000 PSI. fullly curd at 28 days at 65 to 70% after 7 days
135
Building component Safety install trusses
Upon delivery check for: a. Missing or damaged connector plates b. Damaged wood members Use spreader bars 1/2 to 2/3 of span for trusses over 30 feet and l less than 60 feet. Space trusses to within + or - 1/4”
136
Unloading and lifting Trusses
Do not store on uneven ground. Horizontally stored trusses are to have blocking spaced at 8ft. to 10ft. intervals Brace all upright truss bundles
137
Installation of wood trusses
Use at least 2-10d, 2-12d, or 2-16d nails in each truss for lateral restraint and diagonal bracing.
138
Safety Trusses
MIOSHA fall protection requirements are called for during truss installation. Do not “tie off” at the top chord of unbraced trusses
139
Loading of Trusses
1.Never load unbraced trusses. 2. Never stack material at the peak (ridge). 3. Never stack materials on the extended portion of cantilevered trusses.
140
What and where are the bracing on Trusses go
Lateral bracing on the upper third of the truss. Framers call them lacers
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