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HomeMy WebLinkAboutBEARD ST CLAIR GAFFNEY LETTER -.pdfe Beard St. Clair Gaffnev VIA CERTIFIED MAIL May 30, 2023 Bret Stoddard City of Rexburg Building Official 35 North IIt East Rexburg, ID 83440 John M. Avondet 955 Pier View Drive • Idaho Falls, ID 83402 Phone (208) 557-5208 • Fax (208) 529-9732 javondet@beardstclair.com Re: 368 W. I" N. Rexburg, ID Building Remediation Dear Bret: Mary Ashworth has retained Beard St. Clair Gaffney PA to represent her in litigation with the contractors responsible for erecting the defective concrete stairs outside of 368 W. la` N. Rexburg, ID 83440 (the Premises). Mary has learned that the concrete stairs will likely have to be completely removed and re -constructed. A band -aid will not be sufficient. On May 24, 2023, an inspector was at the Premises and can verify that Mary is taking steps to remediate the issues identified your March 22, 2023 letter. A copy of that March 22, 2023 letter is enclosed with this letter for reference. Although Mary understands the stairs require urgent attention to bring them up to code, she cannot control how quickly the replacement contractors finish their work. To that end, Mary is requesting an extension until August 25, 2023 to complete the project, which is reasonable considering the variables outside of her control. Please confirm whether Mary will have until August 25, 2023 to bring the stairs up to code. Sincerely, �— John M. Avondet Enclosures as stated cc: Attorneys licensed in Idaho Worado Montana Nevada New York North Dakota Washington Wyoming Utah Jared W. Allen John M. Avondet Brian D. Batt Michael W. Brown Jeffrey D. Brunson Weston J. Burke Gregory C. Calder Patrick J. Davis Dan C. Diimmar Joseph D. Fairbank Sarin O. Hammer Mark L. Garner Herbert J. Heimerl III Melissa O. Heimerl Megan J. Hopfer Robert B. Knudsen Lindsay M.Lofgran Kristopher D.Meek Lance J. Schuster Derek D.Toone Thomas J. Holmes, of Counsel May 30, 2023 —Page 2 wexe y of S� CITY OF 03/22/2023 'o RM 1 RG �.t +v Mary Ashworth afsz„K"s r "ay c mm­ly 21 Long creek Circle - Clayton, CA 94517 (925)408-8072 Mary, the City of Rexburg Building Inspector has Inspected the apartment building at 368 W. I" N. for code compliance and have found the following items to be non -compliant. Please see the code sections of the International Building Code in parentheses that apply to the items noted. The building permit number for the project is 21-00961. -Two of the four small landings exceed the 2% slope(1011.7.1). -Handrail exceed height requirements(1014.2). -Handrail gripping surface shall be without interruptions(1014.4). -Riser height not to exceed 7"(1011.5.2) -Tread depth to be a minimum of 11"(1011.5.2) -Dimensional uniformity to not exceed 3/8" between the smallest and largest tread and riser(1011.5.4) These above noted code violations must be fixed/remedied before May 151h, 2023 or the occupancy for this building may be revoked. Please contact me with any questions you may have at the number listed below. Sincerely, Bret Stoddard Building Official City of Rexburg Bret Stoddard Bulld(MOM6a1 35 North V East Rexburg, Idaho 83440-1501 P(208)372-2332