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Home My WebLink About146 Candlewood Drive - Inspection Report AVVIUAVI I AND APPLICATION PAGE 1 OF 4 ADMINISTRATIVE SEARCH WARRANT C.G.S. §54-33a. STATE OF CONNECTICUT SUPERIOR COURT TO: A Judge of the Superior Court The undersigned, being duly sworn, complains on oath that the undersigned has probable cause X 1. to inspect based on reasonable legislative and/or administrative standards for conducting an area inspection... ® 2. to believe that statutes, regulations, codes and/or ordinances pertaining to fire safety, housing and/or buildings have been violated, based on complaint And that the certain place to be searched is a: 146 Candlewood Drive, South Windsor, Connecticut. And is situated at and described as: 2 % story wood framed multi-family condominium complex consisting of 17 buildings with a total of 190 units located at Candlewood Drive within Mill River Condominiums in South Windsor, Connecticut. And that the facts establishing the grounds for issuing an Administrative Search Warrant are the following: 1. That the affiants, Walter Summers is a Fire Marshal for the Town of South Windsor and Marc Devanney is a Fire Inspector for the Town of South Windsor, as such is charged with the enforcement of the Connecticut Fire Safety Code and Fire Statutes. See Conn. Gen. Stat 29-292 and 29-293 2. That,pursuant to Conn. Gen. Stat. 29-305 and 29-306, the affiants Walter Summers and Marc Devanney are required, in the interest of public safety, to inspect the above described property for the purposes of ascertaining compliance with the Connecticut Fire Safety Code and fire statutes. 3. That,pursuant to Conn. Gen. Stat. 29-291 a-7(b)(1) this Unit is required to be inspected annually by the local Fire Marshal. 4. That,pursuant to Conn. Fire Prevention Code section 13.7.2.11.4 requires single station smoke alarms to be installed outside the sleeping areas. 5. That,pursuant to Conn. Fire Prevention Code section 13.7.1.4.9.1 that single stations smoke alarms are required to meet the requirements of NFPA 72—2002 6. That, pursuant to NFPA 72—2002 section 11.10 requires fire warning equipment to be maintained and tested per the manufacturer's instructions. 7. That, pursuant to manufacture's instructions smoke alarms shall be replaced after ten years. 8. That on 09/29/2012 at 1120 hours, Deputy Fire Marshal David Mauldin conducted an initial Fire Code inspection. Owner/occupant Brian Cardona was provided new smoke alarms to install within his unit. Smoke alanns presently located in unit 146 were found to be over ten years old. 9. That on 10/13/2012 at 1100 hours, Fire Inspector Marc Devanney conducted a follow-up inspection. No one answered the door. AFFIDAVIT AND APPLICATION PAGE 2 OF 4 ADMINISTRATIVE SEARCH WARRANT 10. That on 11/01/2012 at 1920 hours, Fire Inspector Marc Devanney conducted a follow-up inspection. No one answered the door. 11. That on 01/05/2013 at 1730 hours, Fire Inspector Marc Devanney conducted a follow-up inspection. Owner/occupant Brian Cardona was home. Mr. Cardona opened the door and stated that he read our letter requesting a reinspection and he is not required to let the Fire Inspector in. Mr. Cardona also stated that the smoke alarms are installed. Mr. Cardona then proceeded to drive away. 12. That on 01/09/2013 at 1000 hours and 1400 hours, Fire Inspector Marc Devanney conducted follow-up inspections. No one was home a either time. 13. That on 01/11/2013 at 1150 hours, Fire Inspector Marc Devanney conducted a follow-up inspection. Mr. Cardona did not answer the-door. Fire Inspector Marc Devanney did see Mr. Cardona look out the window. 14. That on 01/14/2013, VIA the USPS a certified letter was sent to Owner/occupant Brian Cardona requesting a follow-up inspection. First attempt to deliver was on 01/15/2013. 15. That on 02/23/2013, the USPS attempted to deliver the certified letter with no results 16. That on 03/30/2013, the USPS attempted to deliver the certified letter with no results. Letter returned back to the Town of South Windsor undeliverable. 17. That on 5/03/2013 at 0830 hours, Fire Inspector Gregory Roberts conducted a follow-up inspection. Women in middle 20's answered the door and would not allow access to the apartment. She refused to wake up owner and would not provide a phone number. 18. That on 5/14/2013 at 0930 hours, Fire Inspector Gregory Roberts conducted a follow-up inspection. No one home. Automobile in parking spot. 19. That on 5/16/2013 at 1030 hours, Fire Inspector Gregory Roberts conducted a follow-up inspection. No one home. Fire Inspector Roberts noticed that the curtains moved. 20. That on 05/24/2013 at 0848 hours, South Windsor Police Agent/Fire Investigator Michael Thompson attempted to make contact. No one answered the door. PCAD 2013014538. 21. That as 146 Candlewood Drive is one of twelve units in building 14, and has not been inspected for compliance to the Fire Safety Code, and it is not known if the smoke alarms with in the unit are functioning properly, this creates a potential fire hazards for the occupants within this unit and may pose a life safety risk to other occupants of this building as well as emergency responders. 22. That the South Windsor Fire Marshal's office has made numerous attempts to conduct a Fire Safety Code inspection without Mr. Brian Cardona granting access. The undersigned has not presented this application in any other court or to any other judge. Wherefore the undersigned requests that a warrant may issue commanding a proper officer to enter into or upon and search said place. STATE OF CONNECTICUT CITY/TOWN DATE SI.GNATIURF,7 AND TITLE OF AFFIANT k/3--13 � "? al JURAT Subscribed and sworn to Date SIGNED(Judge of the S rior Court) before me on: PG+4t Fc.y r.. a 9 aim V a I rl%i.v r-%F r u%. P%I wiV YHl7C .S VF' 4 ADMINISTRATIVE SEARCH WARRANT t STATE OF CONNECTICUT SUPERIOR COURT The foregoing Affidavit and Application for an Administrative Search Warrant having been presented to and been considered by the undersigned, a Judge of the Superior Court, the undersigned(a) is satisfied therefrom that grounds exist for said application, and (b)finds that said affidavit establishes grounds and probable cause for the undersigned to issue this Administrative Search Warrant. NOW THEREFORE,by Authority of the State of Connecticut, I hereby command any proper officer to whom these presents shall come within ten days after the date of this warrant to search the place described in the foregoing Affidavit and application, to wit: 146 Candlewood Drive, South Windsor, Connecticut. to determine whether there be violations of the fire safety, housing and/or building statutes,regulations, codes or ordinances. Signed ate �tj ;��,;c>o e.. Date Signed(Judge of the Supe' ourt) Connecticut,onr RETURN FOR ADMINISTRATIVE SEARCH WARRANT PAGE 4 OF 4 JUDICIAL DISTRICT OF AT(Address of Court) DATE OF SEIZURE DOCKET NO. UNIFORM ARREST NO. POLICE CASE NO. COMPANION CASE NO. CR- Then and there by virtue of and pursuant to the authority of the foreg ing Administrative Se rch arrant, I searched the place named therein, to wit: , so and found thereon and therein violations of the following fire safety, housing and/or building statutes, regulations, codes and/or ordinances applicable within the City or Town of South Windsor, Connecticut. ® See Attached //V0 yL0, I gave a copy of such warrant to Ugwv 411 i� it4 the owner or occupant of the dwelling, structure, or place designated therein, on 4 vsi A p , 20L3t or to , the pers7 found present upon or within the premises named therein. DATE OF THIS RETURN SIGNED ature and department)