THE STATE OF NEW HAMPSHIREJUDICIAL BRANCH

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INSTRUCTIONS FORAPPLICATION FOR ADMINISTRATIVE INSPECTION WARRANT

AND SUPPORT AFFIDAVIT

A person seeking an Administrative lnspection Warrant shall appear personally before any justice,associate justice or special justice of the district or superior court and shall give an affidavit insubstantially the form hereinafter prescribed. The affidavit shall contain statements that theinspection, testing or sampling is required by law or specifically authorized by law, that consent has

been sought and refused, or reasons why consent has not been requested or obtained.

lf the inspection, testing or sampling is to be made at night, or forced entry is needed, the reasons forthese requests must be stated. The affidavit may be supplemented by oral statements of fact underoath for the establishment of probable cause or other requirements. The judge issuing the warrantshall retain the affidavit and shall take notes personally of the substance of any oral statements takenunder oath supplementing the written statements. The judge issuing the inspection warrant shalldeliver the affidavit and the notes or transcript within the three days after the issuance of the warrantto the court to which the warrant is returnable. Upon the return of said warrant, the affidavit and thenotes or transcript shall be filed therewith, and they shall be a public record when the warrant isreturned, unless othenrvise ordered by the court.

The warrant shall be returned to the court to which it is returnable within seven (7) days of the date ofissuance unless extended or renewed by the issuing magistrate upon a finding that an extension orrenewal is in the public interest.

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THE STATE OF NEW HAMPSHIREJUDICIAL BRANCH

http ://www. cou rts.s tate. n h. us

COUft Name: State of New Hampshire 9th Circuit Court, District Division - Manchester

Case Name: 7 Northbrook Dr. Unit 710

Case Number:(if known)

APPLICATION AND AFFIDAVIT

1. The undersigned hereby requests an Administrative lnspection Warrant pursuant to RSA595-8. The purpoSe Of the lnSpectiOn 1g' To determine compliance with safety laws adopted prusant E

to RSA 153:5 and in accordance with RSA 154:2

2. I am an employee or official o1 Manchester' NH Fire Department

(state agency, municipality or political subdivision)

3. The place, dwelling, structure, premises, vehicle, or records to be inspected is:

All tenant spaces located at 7 Northbrook Dr. Unit 710 Manchester NH

4. (lf applicable) The time and manner of testing or sampling requested to be ordered is as follows:None

5. The following statute, administrative rule, administrative order, or municipal ordinance, code, orregulation authorizes me to seek an administrative warrant and to undertake the inspection,testing, or sampling requested.

RSA 154:2 lll and RSA 595-8

6. Choose one of the following:

tr Legislative or administrative standards for conducting a routine or area inspection, testing,or sampling are satisfied by the following facts and circumstances

OR

V There is probable cause to believe that a condition of nonconformity exits.

Facts and circumstances: See attached"'

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7 Northbrook Dr. Unit 710Case Name:

Case Nurnber:

7.

8.

AF)PI ICATION AND AFFIDAVIT

Choose one of the following:

n Consent to inspect has been sought and refused.

OR

A The following facts and circumstances reasonably justify failure to seek or obtain consent:The occupant has refused entry for inspection to members of the Manchester Fire Department in the past as

well as building staff, association board members, and his door is posted refusing entry to multiple agencies.

(lf applicable) For the following reasons, it is reasonably necessary for inspection, testing, andsampling to be conducted between the hours of 6:00 p.m. and 8:00 a.m.:N/A

(lf Applicable) For the following reasons, forcible entry is necessary, Facts that suggest aprobable violation of state law or rule, or municipal ordinance, code, or regulation, which if suchviolation existed would present an immediate threat to public health or safety, or which establishthat reasonable attempts to serve a previous warrant have been unsuccessful are as follows:The occupant of Unit 710 is believed to be living in uninhabitable conditions that is causing health and safety

issues to the rest of occupants in the buildlng

nature of Applicant

Typewritten Name and Title of Applicant

10. Upon Further examination the applicant testified under oath as follows (if none, so state):

Then personally appeared the above namedand made oath that the foregoing affidavit and additional testimony if any, by him/her subscribed istrue.

[Court Seal]

John Reese, Fire lnspector I

NHJB-2326-D (09 I 19t2o06) Page 3 of 5

I

Name: 7 Northbrook Dr. Unit 710

Gase

Case Number:

TO:John Reese, Fire lnspector I

Name and title of aOOlicantr.

Proof of affidavit having been made this day before

Justice of the Court, by

That there is probable cause for believing that statutory authority for the issuance of an

warrant exists for the place, dwelling, structure, premises, vehicle, or record located at7 Northbrook Dr Unit 710 Manchester, NH

inspection

We therefore command you in the daytime (or at any time of day or night, if it has been established

as reasonably necessary pursuant to RSA 595-8:5) to make an immediate inspection, testing,

sampling of 7 Northbrook Dr. Unit 710 Manchester, NH

for the following purposecodes.

To determine if the occupied dwelling unit meets all applicable Fire, Health, and Building

This warrant to inspect, test or sample is limited as follows: (list all applicable limitations under RSA

595-8, or, if none, so indicate, None

and if any violation of state law, or municipal ordinance are found to bring the responsible person

befofe the gth Circuit Court, District Div. Manchester Couft.

1) r{\1D;te ----\-

NHJB-2326-D (09/1 e/2006) Page 4 of 5

AFFIDAVIT IN SUPPORT OF THE PETITION FOR AN

AD MINSITRAVIE SEARCH WARRANT

l, John Reese, a sworn Fire lnspector with the Manchester, NH Fire Department hereby state thefollowing facts which it is believed to constitute probable cause for the issuance of an Administrative

lnspection Warrant in accordance with RSA 595-8:

1. The property located at 7 Northbrook Drive Unit 710 is listed in city records as a single family

dwelling unit located within a multiunit building. The building where unit 710 is located houses

12 dwelling units, all owner occupied / condo units.

2. The three story building with no basement area is brick / blue in color with dark shutters and a

{ey I black shingle roof.

3. Unit 710 is located on the third floor of the building in the southeast corner.

4. On December 1.5,20L6 the Manchester Fire Department (MFD incident L6-1501653) was called

to 7 Northbrook Drive at 2116hrs for a report of fire. Upon arrival, a kitchen fire was discovered

and extinguished. The fire was extinguished using dry chemical fire extinguishers - no waterwas used to extinguish the fire. The fire area was overhauled to include removal of drywall in

the fire area to expose the structural components of the wall system. Water was shut off to the

unit with the exception of the bathroom and electricity was shut off to the unit.

5. On January 25,2A17 the Manchester Fire Department (MFD incidentTT-7701653) was called to

7 Northbrook Drive at 1746hrs to check a hazardous condition where an extension cord was

being run into unit 710 from the common hallway electrical receptacle. Members of the firedepartment learned from other occupants of the building that the occupant of unit 710 was

living in the unit with no electricity; no water and no repairs to the unit had been made since the

fire. Attempt to contact the occupant in the unit were unsuccessful.

6. On February !2,2017 the Manchester Fire Department (MFD incide nt 77-7702821) was called

to 7 Northbrook Drive at 0935hrs to check an electrical issue in Unit712. During theirinvestigation, members of the fire department made contact with the owner / occupant of unit

710 which is adjacent to unit 71"2. The occupant of 71O allowed members into his unit were itwas discovered that the unit was still occupied and no repairs have been made since the fire.

The unit was still without electricity and limited water. The owner of the unit was told that the

apartment was unfit for habitation due to the damage from the fire and the lack of utilities and

that he should not be staying there.

7. On February L3,20L7 the Manchester Fire Department (MFD incidentlT-1702882)was called

to 7 Northbrook Drive at 1029hrs for a water problem in unit 706. This unit is directly below

unit 710. Upon further investigation, members of the fire department attempted to gain access

to unit 710 where the water leak was coming from and they were refused entry by the

occupant.

8. On February 79,2017 the Manchester Fire Department (MFD incidenl!7-1703288)was called

to 7 Northbrook Drive at 1859hrs for a fire alarm activation which turned out to be a water

problem in a first floor dwelling unit. The unit above the first floor unit was checked (706) and it

was determined that the water was coming from unit 710. Unit 706 has been vacant since the

2/13/17 incident. When members attempted to make contact with the occupant of 710 he

refused members entry to investigate further.g. On February 20,2Ot7 the Manchester Fire Department (MFD incident 17-1703339) was called

to 7 Northbrook Drive at 1455hrs for a report of an unknown liquid located in the third floor

hallway. The material was determined to be a weak acid / water solution. During this incident,

the Manchester Police Department responded and took a criminal mischief report where a

witness identified the occupant of 710 throwing a bucket of what they believed to be urine in

the common hallwaY.

Based upon the facts and circumstances listed above, there is probable cause to believe that

dwelling is uninhabitable and condi$ons exist that are in violation of the NH State Fire Code as

created by NH RSA l-53:5 as well as other health and building codes.

The occupancy of an uninhabitable dwelling unit creates a situation that not only puts the occupant

of the unit at risk but other occupants of the building. Due to the occupant refusing entry to

members of the fire department during calls for service as well as his door being placarded with no

entry signs, an administrative search warrant is requested to ensure the provisions of RSA 153:5 are

being met and the unit is safe for habitation.

February 23,2017

STATE OF NEW HAMSHIRE

HILLSBOROUGH COUNTY

personally appeared the above-named John Reese and gave oath that the forgoing statements are true

to the best of his/ her knowledge and belief.

Before me,

John Reese

Fire Inspector I

Justice of the Peace / Public

Wlliam H. Lyons

7 Northbrook Dr. Unit 710case Name:

Gase Number:APPI ICATION AND AFFIDAVIT

RETURN

I received the attached Administrative lnspection Warrant on

And have executed it as follows: on Februarv 23'2017

February 23 Yt.2017

at3 o'clock t ,.,I conducted an inspection, including testing and sampling, at 7 Northbrook Dr' Unit710

(location)

described in the warrant and I left a copy of the warrant with on kitchen table in unit 710

or in his/her absence, I attached a copy of this return together with a receipt for the items seized.

The following is an inventory of property, including samples, taken pursuant to the warrant:Photographs only

This inventory was made in the presence

,n6 Manchester PD

o1 Manchester Building and Health officials

I swear that this inventory is a true and detailed account of all the taken pursuant tothe warrant.

Subscribed and sworn to and returned before rn€',

Signature

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