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Home My WebLink About321 N 5th Unsafe Structure Final BWA 021126 February 10, 2026 Andy Holloran Home Base Partner 20 North Tracy Avenue Bozeman, Montana 59715 Subject: 25667 321 N 5th CCOA Demo for Unsafe Structure. Mr. Holloran This letter serves as my report concerning the vacant building at 321 N 5th, in accordance with the 2021 International Existing Building Code (IEBC) section 115. You have requested approval to demolish the listed building under section 38.340.080.A.3 and 38.340.110 of the Bozeman Municipal Code (BMC), which requires a determination that the building is an unsafe structure. I have concluded that the building is unsafe in its current condition based on my observations and the technical reports you provided. For the reasons set forth below, this letter constitutes notice of my determination that the vacant building is an unsafe structure in its current condition pursuant to IEBC section 115.3, which provides, “… Such notice shall require the person thus notified to declare immediately to the code oƯicial 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. My determination that the building is an unsafe structure is based on the following evidence, observations, and findings: DCI Engineers Summary: Dated September 29, 2025 If the building were to be reoccupied, 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 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. Prepared and stamped by Sam Fox PE, SE DCI Engineers Chief Building OƯicial Site Observation: November 17th, 2025 In Attendance:  Ben Abbey, CBO – City of Bozeman  Andrew Gault – Homebase  Sam Fox PE, SE – DCI Engineers We entered 321 N 5th, where interior was exposed from previous remediation. Some areas were filled to the ceiling with combustible materials (Figures 3 & 4), raising fire risk by increasing fire load, which could endanger first responders. Sam walked me through the areas noted in the DCI report, including damaged roof framing with water infiltration and organic growth. Signs of water damage were visible (Figures 1 & 2). The exposed structure raises concerns about potential unseen damage to many components. Sam went on to point out areas where CMU and lite framing lack positive connections, proper support, and bracing, increasing collapse risk (See Figure 1 of DCI Structural Report). We continued through the building and I observed exposed walls, debris, and damage from water infiltration. We then inspected the exterior and I observed exterior damage like broken windows, holes in the exterior wall, defacing, and tagging (Figures 6, 7, & 8). We discussed securing the property beyond boarding up windows and locking doors, including adding fencing on the property but not over the public right of way. According to the owner, windows have already been boarded up on multiple occasions, and unauthorized entry continues to occur. I confirmed all services, including the fire sprinkler service, have been removed or disconnected. Bozeman Fire Department Fire Marshal Determination: The attached letter, dated January 28, 2026, from the City of Bozeman Fire Marshal, also supports the determination of unsafe conditions. 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, 321 N 5th meets the provisions of an Unsafe Structure. Based on the supporting factors in the reports, and observations made during the site visit by the engineer, the Fire Marshal, and myself, the building's dilapidated condition and disrepair pose a threat to public health and safety. Also, in the 2021 IEBC Section [A] 115.5 Restoration or abatement, discusses that if a structure is determined to be unsafe by the code official, “the owner, owners authorized agent shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.” In section [A] 117.1 General allows the code official on their “judgment is so old or dilapidated, or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation of occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove to the owner’s or the owner’s authorized agent’s option;” Conclusion: It is my determination under the 2021 IEBC Section 115 that the building at 321 N 5th is an unsafe structure and poses a dangerous condition to the public. Additionally, the City of Bozeman Fire Marshal has deemed the building unsafe under IFC standards, per separate attached letter dated January 28, 2026. The building owner has secured the building by boarding windows and sealing all entry points to prevent occupancy. Fencing was also recommended and was installed for added security. Based on the sections [A] 115.5 and [A] 117.1 as quoted above, I recommend that the property at 321 5th Ave. be demolished due to its advanced age and deterioration, and the above-mentioned factors. Please confirm in writing that the building remains secured against occupation, and respond immediately to indicate whether you accept or reject this order. Sincerely, Ben Abbey Chief Building Official Photo Evidence from CBO Site Observation: Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8