HomeMy WebLinkAboutAppendix D '2022 Structural Assessment'
June 13, 2022
Jon Henderson
City of Bozeman
Strategic Services Director
20 East Olive
Bozeman, Montana 59771
406.582.2250
Subject: Report and Notice Re: City of Bozeman 1102 E Curtiss St.
Mr. Henderson,
This letter is to serve as my report regarding the City of Bozeman Lindley Center
(Lindley Center) at 1102 East Curtiss Street, pursuant to 2018 International Existing
Building Code (IEBC) section 115. This letter constitutes notice of my determination
that the City of Bozeman Lindley Center is an unsafe structure in its current
condition pursuant to IEBC section 115.3. Additionally, IEBC section 115.3 provides,
“… Such notice shall require the person thus notified to declare immediately to the
code official acceptance or rejection of the terms of order.”
Please immediately respond to this letter in writing indicating your
acceptance or rejection of the terms of this order
I received an email from Jon Henderson, Strategic Services Director for the City of
Bozeman, on the Lindley Center on June 1, 2022. A draft Structural Assessment and
Site Findings Report, along with supporting appendices, prepared by Morrison
Maierle were attached to the email. After reviewing the reports and visiting the site
on June 2,
2022 to inspect the unsafe conditions referenced in the assessment, I followed up
with an email to you and city staff to immediately close the Lindley Center for
occupancy to the public. My office received the final Structural Assessment and Site
Findings Report from Morrison Maierle dated June 3, 2022. The findings in both the
draft and the final technical reports, as well as my own observations support the
determination that the building is an unsafe structure in its current condition..
The Structural Conditions Assessment conducted by Morrison Mairle states “most
concerning structural issues identified in the Lindley Center were the lack of positive
connections at several vertical bearing points and the lack of any visibly apparent
identifiable lateral system. The report by Stahly Engineering & Associates, Inc. also
identifies several members / connections that are significantly overstressed,”
Morrison‐Maierle Summary: Natatorium Roof Framing Assessment
Background – January 24, 2022 Morrison‐Maierle structural Engineers,
Rebecca Scteetz, PE, and Austin Batson, EI, performed a visual structural
condition assessment of the Lindley Center. It is stated “There are several load‐
path related unknowns at the basement level that are of structural concern.
There is a load transfer issue at the beam to column bearing connections,
where the connections were constructed to transfer vertical (bearing only)
loads and do not have capacity to adequately transfer lateral loads.
Additionally, the column base connections were cast into concrete and a
positive connection could not be verified.”
June 2, 2022 Site visit – I perform a site visit to the Bozeman Lindley Center to
identify and verify the findings stated in Morrison-Maierle Assessments.
In Attendance:
• Ben Abbey - Bozeman Chief Building Official
• Scott Mueller – Bozeman Deputy Chief/Fire Marshal
• Kelley Rischke – Bozeman Assistant City Attorney
• Max Ziegler - Bozeman Facilities Project Coordinator
My observations of the unsafe conditions of the building are summarized below:
• There are basilar missing from the guard rails on the handicap accessible
ramp to the deck area at the front entrance;
• In areas identified as 1 and 2 in the Morrison Maierle Report, the beam
between these areas shows obvious signs of deflection;
• The west side door only barely cleared the overhang of the roof, indicating
that ingress and egress could be blocked and the door unusable during the
• winter months when snow and ice is present on the roof (note Structural
Assessment Report Appendix A Photos);
• Vermin have accessed the building and crawl space through a rotted end of
one of the original log building materials and a large quantity of pine cones,
leaves, pine needles and other debris in the basement indicates the presence
of squirrels;
• As indicated in the Structural Assessment Report, the triple ply 2 x 8 beam
appeared to lack a positive connection to bearing supports and ply slicing
and member separation were evident;
• I observed many irregular methods of shimming and bearing connection
supports at log column supports. It appeared that past attempts had been
made to shore up floor framing due to the lack of positive connections of
floor joist to the original log beams as depicted in Figure 7 on page 5 of the
Structural Assessment Report;
• Fire hazards include several electrical junction boxes with exposed wiring.
Some of these exposed wires appear to be live as the wiring could be
followed back to operating lights. Scott Mueller recommended suspending
any events or program uses of the building immediately “due to fire code
issues found in the basement. Flammable liquids not properly stored and
being dislodged/tipping over by invading squirrels; storage of tires (10);
open electrical outlet boxes, exposed live wiring; wood frames for barricades,
shelving; fire separation from upper level; and pine cones from squirrels”;
• Evidence of foundation cracking on the west wall, which appear to be more
substantial than just surface cracking. These cracks could have caused the
pony wall bottom plate deterioration by allowing moisture to penetrate the
foundation and rotting the wood product use to frame the pony wall;
• There were multiple bottom plates throughout the building that had direct
contact with soil with no moisture protection;
• I also observed other structural items noted in the Morrison Maierle report,
including the deterioration of pony wall bottom plates (as depicted in Figure
10 page 6 of the report), anchoring to interior bottom plates (Figure 9 page
6), and typical log columns to concrete connections (Figure 5 page 5); and
• There are potential minor plumbing infractions that could pose health
hazards from potential sewer gases seeping into the basement due to
improper temporary capping. However, I could not follow this pipe back to
find if it was still connected or if it had been abandoned. This piping
appeared to be newer than the original plumbing system.
Determination:
IEBC Section 115.1 Conditions provides:
[A] Buildings, structures or equipment that are or hereafter become unsafe,
shall be taken down, removed or made safe as the code official deems necessary
and as provided for in this code.
IEBC Definitions:
[A] Code Official. The officer or other designated authority charged with the
administration and enforcement of this code.
[BS] Dangerous. Any building, structure or portion thereof that meets any of the
conditions described below shall be deemed dangerous:
1. The building or structure has collapsed, has partially collapsed, has moved off
its foundation, or lacks the necessary support of the ground.
2. There exists a significant risk of collapse, detachment or dislodgement of any
portion, member, appurtenance or ornamentation of the building or
structure under service loads.
Unsafe. Buildings, structures or equipment that are unsanitary, or that are deficient
due to inadequate means of egress facilities, inadequate light and ventilation, or that
constitute a fire hazard, or in which the structure or individual structure members
meet the definition of “Dangerous,” or that are otherwise dangerous to human life or
public welfare, or that involve illegal or improper occupancy or inadequate
maintenance shall be deemed unsafe. A vacant structure that is not secured against
entry shall be deemed unsafe.
In accordance with the International Existing Building Code, the Bozeman Lindley
Center meets the provisions of an Unsafe Structure. The information in the
structural assessment reports and my site visit, which confirmed the unsafe nature
of the structure, I have determined the building poses a danger to public health and
safety.
The findings and observations I made during my site visit, including the structural
integrity of portions of floor framing with the lack of positive connections and
overstress and partial roof framing referenced in the current structural assessment,
along with the Fire and Building Departments’ observations of exposed wiring and
storage of combustible materials pose a danger to the public health and safety.
Conclusion:
It is my determination under the 2018 IEBC Section 115 Conditions, that the
building at 1102 Curtiss St. in its current state, is an unsafe structure and poses a
dangerous condition to the public. My observations are bolstered by the structural
conditions assessment report conducted by licensed professionals and provided by
the property owner.
The building owner must immediately secure the building, securing all ingress and
egress access points into the building to prevent any occupancy of the structure.
Please confirm to me in writing as soon as practicable that the building has
been secured against any occupation of the structure and immediately
respond to this letter in writing indicating you acceptance or rejection of
determination of this order.
Sincerely,
Ben Abbey
Chief Building Official
Cc: Anna Bentley, Interim Director & Deputy Director Community Development