HomeMy WebLinkAbout05 Unsafe Structure Letter1
September 29, 2025
Ben Abbey
Chief Building Official
City of Bozeman Building Department
20 East Olive St., Bozeman MT 59715
Ben,
As you may be aware, the existing building at 321 N. 5th has been unoccupied for 3 years since
the previous owner/user moved out. Despite our best efforts to move forward with a new use
for the site quickly the process has dragged on and at this point we believe that the building is
considered an Unsafe Structure per the definition of the 2021 IEBC and we are requesting that
a Demolition Permit be issued immediately to resolve this situation.
The specific conditions that define an unsafe structure or equipment under the 2021 IEBC
include:
1. Unsafe, Insanitary, or Deficient: This includes structures that are not clean, lack proper
ventilation or lighting, or have inadequate means of egress.
The building at 321 N. 5th has been disconnected from power, gas, water, and fire
sprinkler services. The interior of the building has undergone hazardous material
abatement efforts and while much of the hazardous material has been removed,
asbestos and lead paint may still remain. In addition, many walls/doors, lights and
mechanical equipment have been removed or are not functional. The elevator does not
function. The building is not clean and means of egress are compromised.
2. Fire Hazard: Any structure or equipment that poses a risk of fire is considered unsafe.
The building does not have an active fire alarm or fire sprinkler system. These systems
that typically provide advanced notice of and help prevent the spread of fire in the
structure will not do so if a fire were to start.
3. Danger to Human Life or Public Welfare: Conditions that are inherently dangerous to
people or the general public are classified as unsafe.
The interior of the building is unsafe for anyone to be inside (see photos below).
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Despite our best efforts to secure the building there have been multiple instances of
unauthorized entry and vandalism. In addition, the Fire Hazards noted above pose a
danger to the general public and surrounding properties. Also, due to the leaking roof
structure, water has accumulated on the second floor and has significant microbial
growth throughout (see photos below).
4. Illegal or Improper Occupancy: The use of a structure in violation of legal codes or in an
inappropriate way can make it unsafe.
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Multiple police reports have been filed due to breaking and entering, vandalism, and
illegal occupancy of the building. Police reports were filed with the Bozeman Police
Department due to observed breaking and entering and vandalism inside the building
numerous times over the past year. In addition, DCI Engineers recently conducted a
thorough inspection of the building and determined the condition of the building
specifically the failing roof structure and unbraced masonry walls make the building
unsafe (see attached DCI letter dated September 29, 2025).
5. Inadequate Maintenance: A lack of proper care and upkeep that results in hazardous
conditions.
Without water, power and gas service to the building it is impossible to maintain the
building properly. As such, the building will continue to deteriorate.
6. Unsecured Vacant Structures: Any vacant building that is not properly secured to
prevent unauthorized access is deemed unsafe.
The building has been properly secured but doors/locks and windows have been broken,
which has allowed unauthorized access. Trespassing is frequent and has led to a danger
to the public (see photos below). These marks were made from inside the building.
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Based on the above, we believe that the building meets the 2021 IEBC definiƟon of an Unsafe
Structure, and a demoliƟon permit should be issued immediately. Please confirm our
understanding of this criteria and process.
Sincerely,
Andy Holloran
5th and Villard Apartments LLC
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September 29, 2025
HomeBase Partners
Andy Holloran
20 North Tracy Ave
Bozeman, MT 59715
Re: Existing Bridger Rehab Building Fifth and Villard, Bozeman, MT
Dear Andy:
As requested, we are providing our professional opinion regarding the current structural
condition of the building referenced above. Matthew Hubbard and Sam Fox walked the
site with you on September 23rd to observe the building in its current condition.
The existing structure consists of multiple building sections and additions of varying ages
and construction types. Our observations below are focused on areas where deterioration
and deficiencies are most evident.
At the southern addition, the roof has failed, resulting in significant water infiltration
throughout the structure. At the upper level, steel roof joists were observed to be wet, with
standing water present at the second floor. Organic growth on floor surfaces indicates that
water infiltration has been ongoing for an extended period. Without a functioning roof
system, water intrusion will persist. The exposed steel open-web joists and metal deck at
the roof structure are unpainted and untreated, making them vulnerable to corrosion and
eventual section loss, which could lead to structural failure.
At the first floor in this area, the second-floor framing system, comprising steel open-web
joists supporting a concrete-on-metal deck, was also observed to be wet. Localized areas
of the metal deck have already corroded, and similar deterioration of the second-floor
framing is expected to continue without intervention.
If the building were to be re-occupied, the following repairs and upgrades would be
required:
• The roof would need immediate repair to arrest water infiltration. The steel open-
web joists, w-beams, and columns would need to be wire-brushed to remove
surface corrosion and inspected for section loss. The deteriorated metal deck
would need to be removed and replaced, and the concrete slab may also need to
be replaced at these locations.
• The IEBC would require that the exterior masonry bearing walls be tied positively
to the light-frame roof deck, both at the wood-framed roof and the metal deck
roofs, prior to the occupancy of the building. Currently, the structure does not
provide this continuity, and the unbraced walls are susceptible to out-of-plane
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failure under seismic loading, even at levels below design criteria. This failure could
lead to the collapse of the roof structure.
• The IEBC would require that all unreinforced interior partition walls be braced to
the building structure. They currently pose a life-safety risk in a design-level or
smaller earthquake.
In summary, the building in its present state does not meet life-safety requirements of
the current building code. Continued water infiltration will accelerate deterioration of
critical framing elements at the roof and second-floor levels, posing an unsafe condition
and a risk of collapse, particularly in a seismic event. Unbraced masonry walls
throughout the building further contribute to the unsafe condition and risk of collapse
during a seismic event. Re-occupancy would require substantial new construction,
structural upgrades, and immediate measures to stabilize deteriorating components.
Sincerely, DCI Engineers Sam Fox PE, SE Associate Principal Attached: Photos of Existing Deficiencies
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Figure 1: Wood roof to CMU wall connections are not adequate for seismic design loads.
Figure 2: Prolonged water exposure has led to organic growth on the second floor.
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Figure 3: Unbraced masonry partition wall (left) and prolonged water exposure at CMU bearing wall (right)
causing paint to bubble.
Figure 4: Water infiltration coming from below grade at lower level causing deterioration of the bottom courses of
CMU at the exterior bearing wall.
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Figure 6: Deteriorated composite metal deck at mid-span at risk of failure.
Figure 5: Corrosion at metal form deck, open web joists, and steel beam resulting from prolonged water exposure.