Current through Register Vol. 56, No. 18, September 16, 2024
(a) An applicant seeking an initial certificate of
approval, as specified in N.J.A.C.
3A:55-2.1, to operate a facility located
in New Jersey 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 facility shall submit to the Office of Licensing
a copy of a Certificate of Occupancy (CO) issued by the municipality in which it is
located, reflecting the facility's compliance with provisions of the NJUCC, for one
of the following use group classifications:
i. I-1
(Institutional) for buildings accommodating 16 or more children over 2 1/2 years of
age;
ii. I-2 (Institutional) for
buildings accommodating six or more children who are under 2 1/2 years of age;
or
iii. I-3 (Institutional) for secure
residential child care facilities accommodating 16 or more children over 2 1/2 years
of age.
2. For facilities that
are planning to construct a new building, the facility shall submit to the Office of
Licensing:
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 from the Office of Licensing before the facility can open.
3. For buildings constructed after the
adoption of the NJUCC (1977), whose construction code use group classification is
already I-1, I-2, or I-3 and that have not had major alterations or renovations
since receipt of the CO, the facility 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 I-1, I-2, or I-3 use group classification. The
facility 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 children's residential facility and that have not had major alterations or
renovations, the facility 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 facility. The facility shall submit a copy of
the building's CCO or letter reflecting the building's compliance to the Office of
Licensing.
5. The facility shall obtain
a new CO 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 to the Office of Licensing 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 facility is located;
iii. Increases
the floor area or the number of stories to the building or premises where the
facility is located; or
iv. Relocates to
another site.
6. Whenever a
municipality grants a facility a written variation from any of the requirements of
the NJUCC, the Office of Licensing may accept these variations as meeting the
applicable requirements of this chapter.
i. When
the Office of Licensing does not accept the variation, the non-acceptance shall be
based on the best interests of the residents of the facility, and shall include
consideration for their health and safety.
ii. Should the facility disagree with the Office
of Licensing, the facility may seek a hearing in accordance with
N.J.A.C. 3A:55-2.4(a)
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:55-2.1, to operate a facility shall
comply with all applicable provisions of the New Jersey Uniform Fire Code, as
specified in N.J.A.C. 5:18, 18A, and 18B and hereinafter referred
to as the NJUFC. The 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 facility's
compliance with all applicable provisions of the NJUFC. The facility shall submit a
copy of the building's fire safety inspection certificate to the Office of
Licensing.
(c) An applicant seeking an
initial approval, as specified in N.J.A.C.
3A:55-2.1, to operate a facility shall
comply with all applicable provisions of the State Sanitary Code, as specified in
N.J.A.C. 8:24. The facility 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 facility complies with applicable provisions of local,
county, and State health codes and poses no health hazard to the children served.
The facility shall submit a copy of the certificate or statement of satisfactory
health approval to the Office of Licensing.
(d) An applicant seeking the renewal of a
certificate of approval to continue operating a facility shall obtain and submit to
the Office of Licensing, 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 facility.
