Current through Register Vol. 56, No. 18, September 16, 2024
(a) A person seeking
a license or a Certificate of Life/Safety Approval to operate a center shall comply
with all applicable provisions of the New Jersey Uniform Construction Code, as
specified in N.J.A.C. 5:23 (hereinafter referred to as the "NJUCC").
1. For newly constructed buildings, for existing
buildings whose construction code group classification would change from that which
it had been, or for existing buildings that require major alteration or renovation,
the center shall obtain a Certificate of Occupancy (CO) issued by the municipality
in which it is located, reflecting the center's compliance with the provisions of
the NJUCC, and submit a copy of the CO to the Office of Licensing, for one of the
following group classifications:
i. E
(Educational) for buildings accommodating children 2 1/2 years of age and older and
having a total occupancy of six or more children;
ii. I-4 (Institutional) for buildings
accommodating one or more children less than 21/2 years of age; or
iii. A-3 (Assembly) or one of the use group
classifications specified in (a)1i or ii above for buildings accommodating
school-age child care programs only.
2. Plan reviews for centers to be located in
newly-constructed buildings shall be submitted as follows:
i. In addition to submitting preliminary and final
architectural drawings to the local construction official, a sponsor or sponsor
representative that plans to construct a new or renovate an existing building for
use as a center shall submit preliminary or final architectural drawings to the
Office of Licensing for review and approval prior to beginning
construction.
ii. The sponsor or sponsor
representative shall submit to the Office of Licensing revised final architectural
drawings containing all Office of Licensing-required items listed in the plan
review, if any, and secure final approval from the Office of Licensing prior to
beginning construction.
3.
For buildings constructed after the adoption of the NJUCC (1977), whose construction
code group classification is already E, I-2, I-4, A-3, or A-4, and that have not had
major alterations or renovations since receipt of the CO, the center shall obtain
the CO issued by the municipality in which it is located at the time the building
was originally constructed or approved for use in the NJUCC's E, I-2, I-4, A-3, or
A-4 group classification. The center shall submit a copy of the building's CO to the
Office of Licensing.
4. For existing
buildings whose use prior to the adoption of the NJUCC (before 1977) was and
continues to be for a center and that have not had major alterations or renovations,
the center shall obtain a Certificate of Continued Occupancy (CCO) issued by the
municipality in which it is located, reflecting the building's compliance with
provisions of the municipality's construction code requirements that were in effect
at the time it was originally constructed or converted for use as a center. The
center shall submit a copy of the building's CCO and the center's current fire
safety inspection certificate to the Office of Licensing.
5. The center shall be permitted to obtain a valid
fire safety inspection certificate issued by the municipality in which it is
located, based on a fire inspection conducted within the preceding 12 months, and
submit a copy of the certificate to the Office of Licensing in lieu of a CO or CCO,
if the center serves only children 2 1/2 years of age or older and is located in a
public school building that is used as a public school.
6. The center shall obtain a new CO issued by the
local municipality in which the center is located, and submit a copy to the Office
of Licensing, reflecting the building's compliance with provisions of the applicable
NJUCC group classification, whenever the center:
i.
Changes the building's use group classification to one other than the one prescribed
on its original CO;
ii. Makes a major
alteration or renovation, as defined by the NJUCC, of the building or premises in
which the center is located;
iii.
Increases the floor area or the number of stories to the building or premises in
which the center is located; or
iv.
Relocates to another site.
7.
Whenever a municipality grants to a center a written variation(s) from any of the
requirements of the NJUCC, the Office of Licensing may accept such variation(s) as
meeting the applicable requirement(s) of this chapter.
i. If the Office of Licensing does not accept the
variation, the non-acceptance shall be based on the best interests of the children
in the center, and shall include consideration for their health and safety. The
non-acceptance shall be based on the requirements of this chapter only, and shall
not preclude the municipality from continuing to grant the variation.
ii. If the center disagrees with the Office of
Licensing, the center may seek a hearing in accordance with 3A:52-2.5(a) and the
provisions of the Administrative Procedure Act,
52:14B-1, as implemented by the Uniform
Administrative Procedure Rules, N.J.A.C. 1:1.
8. The center shall obtain a Life Hazard Use
Registration certificate applicable to the center's licensed capacity and ages
served pursuant to the Uniform Fire Safety Act,
N.J.S.A.
52:27D-192 et seq. The center shall post this
document in a prominent location within the center.
(b) An applicant seeking a license or a
Certificate of Life/Safety Approval to operate a center shall comply with all
applicable provisions of the New Jersey Uniform Fire Code, as specified in N.J.A.C.
5:70 and hereinafter referred to as the NJUFC. The center shall obtain the
building's fire safety inspection certificate issued by the municipality in which it
is located, based on a fire inspection conducted within the preceding 12 months,
reflecting the center's compliance with all applicable provisions of the NJUFC. The
center shall maintain on file the building's fire safety inspection
certificate.
(c) If the center prepares
meals, the center shall obtain a satisfactory Sanitary Inspection Certificate, as
specified in N.J.A.C. 8:24, indicating that the kitchen is in compliance with the
applicable requirements of the State Sanitary Code. The center shall maintain on
file the Sanitary Inspection Certificate.
(d) An applicant seeking the renewal of a license
or of a Certificate of Life/Safety Approval to continue operating a center shall
obtain and maintain on file a fire safety inspection certificate for the building
based on a fire inspection conducted within the preceding 12 months. If the center
prepares meals, the applicant seeking renewal shall obtain and maintain on file a
satisfactory Sanitary Inspection Certificate, as specified in N.J.A.C. 8:24,
indicating that the kitchen is in compliance with the applicable requirements of the
State Sanitary Code, based on a sanitary inspection conducted within the preceding
12 months.
(e) A center that plans to
locate or is already located in a hospital or other health care facility, as defined
in the Health Care Facilities Planning Act,
26:2H-1 et seq., shall obtain a letter
from the Department of Health indicating that Department's approval. The center
shall submit a copy of the approval letter to the Office of Licensing.
