Current through Register Vol. 56, No. 18, September 16, 2024
(a) An applicant seeking an initial approval, as
specified in
N.J.A.C.
3A:53-1.5, to operate a shelter facility or
shelter home shall comply with all applicable provisions of the New Jersey Uniform
Construction Code, as specified in N.J.A.C. 5:23 and hereinafter referred to as the
NJUCC.
1. For newly constructed buildings, for
existing buildings whose construction code use group classification would change
from that which it had been, or for existing buildings that require major alteration
or renovation, the shelter facility or shelter home shall submit to the Office a
copy of a Certificate of Occupancy (CO) issued by the municipality in which it is
located, reflecting the shelter facility's or shelter home's compliance with the
appropriate use group classification provisions of the NJUCC.
2. For shelter facilities or shelter homes that
are planning to construct a new building, the shelter facility or shelter home shall
submit to the Office:
i. Preliminary architectural
drawings for review and comment prior to beginning construction; and
ii. If applicable, revised architectural or final
drawings containing all required items listed in the preliminary plan review for
final approval as in compliance with this chapter from the Office before the shelter
facility or shelter home can open.
3. For buildings constructed after the adoption of
the NJUCC (1977) and that have not had major alterations or renovations since
receipt of the CO, the shelter facility or shelter home shall obtain the CO that
reflects the appropriate use group classification issued by the municipality in
which it is located at the time the building was originally constructed or approved.
This shelter facility or shelter home shall submit a copy of the building's CO to
the Office.
4. For existing buildings,
whose use prior to the adoption of the NJUCC (before 1977) was and continues to be
for a shelter facility or shelter home and that have not had major alterations or
renovations, the shelter facility or shelter home shall obtain a Certificate of
Continued Occupancy (CCO) or a letter to this effect, 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 shelter facility or shelter home.
The shelter facility or shelter home shall submit a copy of the building's CCO or
letter reflecting the building's compliance to the Office.
5. The shelter facility or shelter home shall
obtain a new CO or CCO issued by the municipality in which it is located, reflecting
the building's compliance with provisions of the applicable NJUCC use group
classification, and submit a copy of the new CO or CCO to the Office whenever it
takes any of the following actions:
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 where
the shelter facility or shelter home is located;
iii. Increases the floor area or the number of
stories to the building or premises where the shelter facility or shelter home is
located; or
iv. Relocates to another
site.
6. Whenever a
municipality grants a shelter facility or shelter home a written variation from any
of the requirements of the NJUCC, the Office of Licensing may accept such variations
as meeting the requirements of this chapter.
i.
When the Office does not accept the variation, the non-acceptance shall be based on
the best interests of the residents of the shelter, and shall include consideration
for their health and safety.
ii. Should
the shelter facility or shelter home disagree with the Office, the shelter facility
or shelter home may seek a hearing in accordance with
N.J.A.C.
3A:53-1.6 and the provisions of the Administrative
Procedure Act,
N.J.S.A. 52:14B-1, as
implemented by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(b) An applicant seeking an
initial approval, as specified in
N.J.A.C.
3A:53-1.5, to operate a shelter facility or
shelter home 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 shelter facility 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 shelter facility's
compliance with all applicable provisions of the NJUFC. The shelter facility shall
submit a copy of the building's fire safety inspection certificate to the
Office.
(c) An applicant seeking an
initial approval, as specified in
N.J.A.C.
3A:53-1.5, to operate a shelter facility or
shelter home shall comply with all applicable provisions of the State Sanitary Code,
as specified in N.J.A.C. 8:24. The shelter facility or shelter home shall obtain a
certificate or statement of satisfactory health approval issued by the applicable
municipal, county, or State health agency, based on a health inspection conducted
within the preceding 12 months, certifying that the shelter facility or shelter home
complies with applicable provisions of local, county, and State health codes and
poses no health hazard to the children served. The shelter facility or shelter home
shall submit a copy of the certificate or statement of satisfactory health approval
to the Office.
(d) An applicant seeking
the renewal of a certificate of approval to continue operating a shelter facility or
shelter home shall obtain and submit to the Office, copies of:
1. A current fire safety inspection certificate
for the building; and
2. A current
certificate or statement of satisfactory health approval for the shelter
facility.
