Current through Register Vol. 56, No. 18, September 16, 2024
(a) The facility shall meet the following lighting
requirements:
1. All fluorescent tubes and
incandescent light bulbs shall have protective covers or shields;
2. During activities in the facility, at least 20
foot-candles of natural or artificial light shall be provided in all rooms used by
the children. This illumination shall be measured three feet above the floor at the
farthest point from the light source; and
3. Parking areas, pedestrian walkways, or other
exterior portions of the premises subject to use by children and staff at night
shall be illuminated to provide safe entrance to and egress from the
facility.
(b) The facility
shall meet the following heating requirements:
1.
A minimum temperature of 65 degrees Fahrenheit and maximum temperature of 80 degrees
Fahrenheit shall be maintained in all rooms used by the children;
2. Working fireplaces, steam and hot water pipes,
radiators and electric space heaters shall be protected by screens, guards,
insulation or any other suitable, non-combustible protective device; and
3. The facility shall not use portable liquid
fuel-burning or wood-burning heating appliances.
(c) The facility shall ensure that fireplaces meet
the following requirements:
1. The use of a
fireplace for the children served by the facility shall not pose a serious risk of
fire hazard to occupants of the facility, as determined by the local fire
official;
2. The fireplace shall be
approved by the local government construction official and fire official, in
accordance with applicable provisions of the NJUCC and the NJUFC,
respectively;
3. The facility shall
obtain a copy of these certificates or statements of approval and submit them to the
Office of Licensing;
4. The facility
shall develop guidelines, in conjunction with the local fire official, that ensure
proper use of the fireplace, safety procedures, and an action plan to be followed in
the event of an emergency;
5. The
guidelines specified in (c)4 above shall include, but not be limited to, staff
member supervision, storage of wood, storage and safeguarding of matches,
instruction in the use of fireplace implements, use of the screen, posting of
emergency phone numbers for police and fire departments and hospitals, posting of
emergency procedures and exits, and methods and safeguards for extinguishing the
fire; and
6. The guidelines specified in
(c)4 above shall be maintained on file by the facility and reviewed by all staff
members and children in the facility.
(d) The facility shall meet the following
ventilation requirements:
1. Crawl spaces, attic
spaces, and all doors and windows used for natural ventilation shall have insect
screening;
2. All floor or window fans
that are accessible to the children shall have a grille, screen, mesh or other
protective covering designed to prevent a child from coming into contact with the
blades of the fan; and
3. Ventilation
outlets shall be clean and free from obstructions and filters shall be replaced when
saturated.
(e) The facility
shall ensure that mirrors, dispensers, and other equipment are fastened
securely.
(f) Facilities that serve
children with special needs shall ensure that:
1.
For non-ambulatory children, the toilet facilities are located on the same floor
where the children's bedrooms and activities are located;
2. The width and height of toilets and sinks
accommodate the children served; and
3.
Grab bars are provided in toilet and bathroom areas, as specified in N.J.A.C.
5:23-7, the Barrier-free Subcode of the NJUCC.
(g) The facility shall not use lead paint on and
shall remove lead paint from any interior or exterior surfaces of a building used as
a facility, or on any furniture, toys or other equipment used therein, in accordance
with the provisions of N.J.S.A. 24:14A-1
et seq., and with the provisions of the State Sanitary Code, at N.J.A.C. 8:51-7.
When lead paint is found in areas of a facility not specified in N.J.A.C. 8:51-7,
the Office of Licensing shall determine whether the lead paint is hazardous to the
health, safety, and well-being of the children served and, if considered to be
hazardous, the facility shall remove the lead paint hazard.
(h) The facility shall not use spray coatings
containing asbestos on any interior or exterior surfaces of the facility or on any
equipment used therein, in accordance with rules of the State Department of
Environmental Protection, as specified in
7:27-17.2 and with applicable provisions
of the Asbestos Hazard Abatement Subcode of the NJUCC, as specified in N.J.A.C.
5:23-8. If the New Jersey Department of Health determines the presence of sprayed-on
asbestos-containing materials, and concludes that corrective action must be taken to
minimize exposure potential, the facility shall follow the recommendation of the
State Health Department for enclosure, removal or other appropriate action to remove
the threat or risk of asbestos contamination.
(i) The facility shall ensure that swimming pools
and natural bathing places used by the children:
1.
Comply with applicable provisions of the Public Recreational Bathing Rules, as
specified in N.J.A.C. 8:26, and with applicable provisions of the Building Subcode
and Barrier-free Subcode of the NJUCC, as specified in N.J.A.C. 5:23; and
2. Provide for supervision of the children, in
accordance with applicable provisions of the New Jersey Youth Camp Safety Act rules,
as specified in N.J.A.C. 8:25.
(j) The facility shall ensure that materials and
furniture for indoor and outdoor use are of sturdy and safe construction, easy to
clean and free of hazards that may be injurious to children.
(k) The facility shall ensure that toilet
facilities meet the following requirements:
1. At
least one toilet, wash basin and bath tub or shower is provided for every six
children in the facility. These facilities shall not be located more than one floor
from any bedroom; and
2. A supply of hot
tap water at a minimum temperature of not less than 120 degrees Fahrenheit and at a
maximum temperature not more than 125 degrees Fahrenheit and cold running water is
provided at all times in accordance with anticipated needs.
(l) A facility utilizing a kitchen facility or
food preparation area shall ensure that the cooking equipment and kitchen facility
are kept clean and sanitary and are operated in compliance with applicable
provisions of the State Sanitary Code at N.J.A.C. 8:24.
(m) The facility shall obtain prior approval from
the Office of Licensing for all space used by the children.
(n) The facility shall not care for more children
than the number specified in the certificate of approval.
(o) The facility shall meet the following space
requirements to ensure the safety, treatment, recreational, dining and sleeping
needs of the children, including:
1. Adequate
space for the implementation of treatment services, including individual, group and
family counseling sessions and treatment team meetings;
2. A recreation room or area that can accommodate
indoor individual or group activities;
3. A dining area large enough to accommodate
tables and chairs for all the children; and
4. Rooms for sleeping:
i. Any bedroom used by a child shall have a
minimum ceiling height of seven feet and six inches.
ii. Any bedroom containing a single bed occupied
by one child shall provide a minimum of 70 square feet of floor space, including
space that is occupied by furniture.
iii. Any bedroom containing two or more single
beds and occupied by more than one child shall provide a minimum of 70 square feet
of floor space for the first child and 50 square feet of floor space for each
additional child, including space that is occupied by furniture.
iv. Any bedroom containing bunk beds or any
combination of single beds and bunk beds shall provide 50 square feet of floor space
for each child, including space that is occupied by furniture.