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Home My WebLink About702 Fairfield Dr W NateKelsey Notice&Order 01242023 INV 22-2453 cmc corrected January 24,2023 CITY OF TWIN FALLS �! 1p 4 OA<� Q�0 SFRv►N�' P.O.Box 1907 203 Main Ave East Twin Falls,Idaho 83303-1907 Email.mlong@tfid.org OFFICE OF THE BUILDING SAFETYDEPARTMENT 208-735-7288 January 24,2023 Nate Kelsey ININEN,LLC 4493 Mud Creek RD, Buhl Idaho 83316 Nakelsey@gmail.com NOTICE & ORDER Property Location: 702 Fairfield ST West Violation: Change of use without obtaining the necessary permits. Investigation#22-2453 Dear Sir, The City of Twin Falls has been notified of possible unlawful occupancy,construction or work on a building at the property location shown above.The City regulates the use and development of property to protect and provide for the public health, safety and general welfare of the Municipality(§4-1-1). A complaint was made that there has been work performed at this address without the proper permits being obtain and has created an unsafe building. Our records indicate that this building was originally approved for real deals on home decor. A site visit on 10/21/2021 revealed that there is a new occupancy taking place within this building,and it appears that a change of use has been created without any records indicating that any building permit(s)were obtained. The City of Twin Falls is requesting that the appropriate building permit(s)be obtained for any framing,electrical,plumbing, and/or HVAC work that has been completed or being done.Additionally,any change of occupancy classification will need a design by an Idaho licensed architect and/or engineer and reviewed by the Building Safety Department. • NO occupancy of this space shall take place until the appropriate permits have been obtained and necessary inspections are performed and approved. • Existing 21 floor level occupancy has noncomplying egress and is considered unsafe due to the removal of the 2nd floor exterior stair way and path of egress. • Accessible ramp removed from main entrance into building creating non accessible access. • Means of egress obstructions and lack of discernable exit pathways within the building. • Mechanical,Plumbing and Electrical work performed without proper permits or inspections. • Gym space exiting through freight elevator creating unsafe situation I have attached copies of the applicable codes that I believe are necessary for the change of use and the violations for this building located at the address above. These code sections address some building conditions that were observed on this site during the 01/24/2023 inspection. The applicable code sections are as follows: • 2018 International Fire(IFC)code Sections 108 and 111. • 2018 International Existing Building(IEBC)Code sections 101, 105, 113,202,301,305. N:\CommDev\Building\Address files\F\Fairfield St W\702 Fairfield St W\702 Fairfield Dr W N2teKelsey Notice&Order 01242023 INV 22-2453 cmc corrected.docx change of use January 24,2023 2018 International Existing Building Code Section 105.1: "Any owner or authorized agent who intends to repair,add to, alter,relocate,demolish,or change the occupancy of a building or to repair,install,add,alter,remove,convert,or replace any electrical,gas,mechanical,or plumbing system,the installation of which is regulated by this code,or to cause any such work to be done,shall first make application to the code official and obtain the required permit."a permit is required for all activities that are regulated by the code or its referenced codes(see Section 101.4),and these activities cannot begin until the permit is issued,unless the activity is specifically exempted by Section 105.2. Only the owner or a person authorized by the owner can apply for the permit. The purpose of the permit is to cause the work to be reviewed,approved and inspected to determine compliance with the code. 2018 IEBC Section 113 Violations: • [A] 113.1 Unlawful acts.It shall be unlawful for any person,firm,or corporation to repair,alter,extend,add,move, remove,demolish,or change the occupancy of any building or equipment regulated by this code or cause same to be done in conflict with or in violation of any of the provisions of this code. • [A] 113.2 Notice of violation.The code official is authorized to serve a notice of violation or order on the person responsible for the repair,alteration,extension,addition,moving,removal,demolition,or change in the occupancy of a building in violation of the provisions of this code or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. • [Al 113.3 Prosecution of violation.If the notice of violation is not complied with promptly,the code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain,correct,or abate such violation or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto. • [A] 113.4 Violation penalties.Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who repairs or alters or changes the occupancy of a building or structure in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to penalties as prescribed by law. IEBC Section 202 General Definitions: • [Al CHANGE OF OCCUPANCY.A change in the use of a building or a portion of a building that results in any of the following: 1.A change of occupancy classification. 2.A change from one group to another group within an occupancy classification. 3.Any change in use within a group for which there is a change in application of the requirements of this code. • [A] Registered Design Professional in Responsible Charge,(Definition) A registered design professional engaged by the owner or the owner's authorized agent to review and coordinate certain aspects of the project,as determined by the code official,for compatibility with the design of the building or structure,including submittal documents prepared by others,deferred submittal documents and phased submittal documents. IEBC Section 301.3 Alteration,addition or change of occupancy. The alteration,addition or change of occupancy of all existing buildings shall comply with one of the methods listed in Section 301.3.1,301.3.2 or 301.3.3 as selected by the applicant. Sections 301.3.1 through 301.3.3 shall not be applied in combination with each other. IEBC Section 302.3 Additional codes. Alterations,repairs,additions and changes of occupancy to,or relocation of,existing buildings and structures shall comply with the provisions for alterations,repairs,additions and changes of occupancy or relocation,respectively,in this code and the International Energy Conservation Code,International Fire Code,International Fuel Gas Code,International Mechanical Code, International Plumbing Code,International Private Sewage Disposal Code,International Property Maintenance Code, International Residential Code and NFPA 70.Where provisions of the other codes conflict with provisions of this code,the provisions of this code shall take precedence. IEBC Section 305"ACCESSIBILITY FOR EXISTING BUILDINGS" • 305.1 Scope.The provisions of Sections 305.1 through 305.9 apply to maintenance,change of occupancy,additions and alterations to existing buildings,including those identified as historic buildings. • 301.5 Compliance with accessibility.Accessibility requirements for existing buildings shall comply with the 2009 edition of ICC A117.1. N:\CommDev\l3uilding\Address files\F\Fairfield St Wv 702 Fairfield St W\702 Fairfield Dr W NateKelsey Notice&Order 01242023 INV 22-2453 cmc corrected.docx change of use January 24,2023 • 302.6 Occupancy and use.Where determining the appropriate application of the referenced sections of this code,the occupancy and use of a building shall be determined in accordance with Chapter 3 of the International Building Code. I can be reached at(208)735-7288 or my office is located at 203 Main Avenue East,here in Twin Falls if you have any questions.To avoid further violations please respond to this letter no later than February 13th,2023 which is 13days from date of this notice. Respectfully, Matthew Long C.B.O. Building official CC: Travis Rothweiler/City Manager Mitch Humble/Deputy City Manager Shayne Nope/City Attorney Sean Standley/Code Enforcement Officer Gabriel Hammett/Fire Marshal N:\CommDev\Building\Address files\F\Fairfield St W\702 Fairfield St W\702 Fairfield Dr W N2teKelsey Notice&Order 01242023 INV 22-2453 cmc corrected.docx change of use