Nye County Planning Department

Pahrump Office
250 N. Hwy 160, Ste. 1
Pahrump, NV 89060
Phone 775-751-4249 Fax 775-751-4324

18-015-DL (L)

February 23, 2018

Mr. Dennis Hof

Crystal 40, LLC
162 Garnet Cir.
Carson City, NV 89706-7063

In the matter of Cherry Patch LLC

And Privilege License No. BR 10-000605
300 Appaloosa Lane
Crystal, Nevada 89060

Re: February 20, 2018 Nyc County Board of County Commissioners Meeting, Item No. 12: Disciplinary
hearing, discussion and deliberation pursuant to Nyc County Code 9.20.170 and as described in the
Notice of Heanng dated and served on January 26, 2018, to determine whether the Nyc County Licensing
and Liquor Board shall impose possible sanctions against Privilege License No. BRI 0.000605, for Cherry
Patch, LLC, dba Love Ranch Brothel, a Brothel License.

Mr. Hof,

Your assistant, Zach, brought a copy to me of a 2010 Certificate of Compliance with the fire code
approved by Charles Abbott and Assoc. (CAA) inspectors. This provides some information, but this
certificate of compliance is of limited benefit since it does not have an application or plans to show what
buildings this certificate applies to. The submitted paperwork does not address the main issues regarding
health and safety of your business and the issues discussed in the hearing about manufactured home
installs, building modifications and changes in occupancy without permits or approvals.

We have spent the past three days in discussions with you, Nyc County Building Inspectors, the Nevada
State Fire Marshal and staff. Commissioner Koenig made a special trip to your business to gather
information. We have been trying to find a way to protect the health and safety of your customers and
employees and for you to come into compliance. However, a review of the current buildings and
modifications made after 2010 show that there are still significant fire and safety violations described
herein. In addition, as covered in the show cause hearing, you are currently occupying and using multiple
manufactured homes as a brothel on this property without required certificates of compliance and/or
labels of installation as required under state law.

To determine compliance with the 2012 International Building Code (IBC) and appropriate International
Fire Code (IFC), the Nyc County Planning and Building Safety Departments (Planning) need to review
the original design, alterations and changes of occupancy for the buildings. This would typically include
applications and engineered plans submitted by an applicant, after almost six months of discussions you

Nye County is an Equal Opportunity Employer and Provider

have still not submitted applications, plans or other required information. Based on the information we
do have and consultation with the Building Inspectors, Planning has determined that the bar,
restaurant and entrance area are compliant or at least safe for continued use as a bar and
restaurant. Any new construction, alterations or changes in use must be permitted and approved with a
new certificate of compliance of the fire code.

However, the Brothel Area is problematic. This appears to be a mix of residential manufactured homes
and as described by Zach stick built additions. We have no records to show that any of this was
—

permitted or approved when installed or built. Planning has evidence of new installations, alterations
and/or changes of occupancies since 2010, none of which were permitted or approved with a
Manufactured Home Division (MHD) install sticker or certificate of compliance with the fire code. Much
of what you have are residential manufactured homes that are currently in commercial service (R- 1
Occupancy). Any change in occupancy from Residential occupancy to any Commercial occupancy for a
HUD Certified Manufactured Home will change the required approval from a MHD install and require
engineering, permits and approvals under the IBC and IFC. You are hereby ordered to cease occupying
any manufactured home or addition until the specific structure has been properly permitted and
approved for occupancy with an appropriate installation sticker or certificate of compliance with
the fire code. Any areas that are not approved for occupancy must have a locked door or temporary
wall with a sign for “only authorized personnel allowed”.

Even the residential unit that was stated to be your (Mr. Hofs) residence with a MHD Sticker appears to
have been modified without permits. This manufactured home can continue to be occupied for
residential use, however any modifications must be permitted through Nye County Building and
Safety. You must submit all required applications and complete all inspections and approvals
within 90 days.

Nye County has interlocal agreements with the Nevada State Fire Marshal and Nevada Division of
Manufactured Housing. Nye County through Charles Abbott and Associates does the inspections and
permitting for construction of commercial buildings and installation of Manufactured Homes but the
codes and regulations are adopted at the state level. The applicable regulations are found in chapters NRS
/ NAC 477 for the state Fire Marshal and NRS / NAC 461, 461A and 489 for MHD and Nye County
Code Chapter 15. The appropriate building codes are the 2012 IBC and IFC, and see NAC 477.283 (g)(3)
where brothel is added to group R-1 Occupancy like Hotels.

To become compliant with the Building and Fire Codes, you must show what manufactured homes are
still in residential use and obtain MHD install stickers for them and permits for any modifications. Then,
for ones in commercial use and any additions you must get a current Certificate of Compliance with the
fire code. To do this you will need to contact a licensed Architect or Engineer and submit a set of plans
for review by our building inspectors. Once the plans are reviewed you can hire a licensed contractor to
make any necessary changes or new construction as applicable. In the alternative, relief from strict
interpretation of the codes or a variance can be granted by the Nevada State Fire Marshal under NAC
477.285 or 477.287.

This letter discusses the requirements for MHD, fire and building codes as directed at the Board of County
Commissioners meeting on 2/20/2018. There are additional areas of possible noncompliance, like
commercial septic system permits and water rights that were not part of the disciplinary hearing. These
will also need to be addressed in the future.
PAHRUMP OFFICE • 250 NORTH HIGHWAY 160- #1 • PAHRUMP, NEVADA 89060
PHONE: (775) 751-4249 • FAX: (775) 751-4324

TONOPAH OFFICE • P0 BOX 1531 • 101 RADAR ROAD • TONOPAH, NEVADA 89049
PHONE: (775) 482-8181 • FAX: (775) 482-7302
Nyc County is an Equal Opportunity Employer and Provider
If you need more information please contact Nye County Code Enforcement’s office to discuss this
matter further by phone (775) 751-4249, by fax (775) 751-4324, or email at planning@co.nye.nv.us.

Sincerely,

L.Darrell Lacy Jr.,

Planning Director

PAHRUMP OFFICE • 250 NORTH HIGHWAY 160- #1 • PAHRUMP, NEVADA 89060

PHONE: (775) 751-4249 • FAX: (775) 751-4324

TONOPAH OFFICE •P0 BOX 1531 • 101 RADAR ROAD • TONOPAH, NEVADA 89049
PHONE: (775) 482-8181 • FAX: (775) 482-7302
Nye County is an Equal Opportunity Employer and Provider