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:56-2.1
, to
operate a home 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 use group
classification would change from that which it had been, or for existing buildings
that require major alteration or renovation, the home or agency 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 home's compliance with
provisions of the NJUCC, for one of the following use group classifications:
i. I-1 (Institutional) for buildings accommodating
children 2 1/2 years of age and older for more than 30 calendar days and having a
total occupancy of more than five and fewer than 13 children, except that existing
homes with an R-2 CO issued prior to May 5, 2003, may continue to operate as allowed
by the NJUCC;
ii. I-2 (Institutional)
for buildings accommodating six or more children less than 2 1/2 years of age;
or
iii. R-3/R-5 (Residential) for homes
having a total occupancy of five or fewer children.
2. For homes or agencies that are planning to
construct a new building, the home or agency 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 home can open.
3. For buildings constructed after the
adoption of the NJUCC (1977), whose construction code use group classification is
already R-2, R-3, R-5, I-1, or I-2 and that have not had major alterations or
renovations since receipt of the CO, the home or agency 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 R-2, R-3, R-5, I-1, or I-2 use group
classification. The home or agency 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 home and that have not had major alterations or renovations,
the 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
home. The home or agency shall submit a copy of the building's CCO or letter
reflecting the building's compliance to the Office of Licensing.
5. The home or agency 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 home is
located;
iii. Increases the floor area
or the number of stories to the building or premises where the home is located;
or
iv. Relocates to another
site.
6. Whenever a
municipality grants a home a written variation from any of the requirements of the
NJUCC, the Office of Licensing may accept such variations as meeting the applicable
requirements of this manual.
(b) An applicant seeking an initial approval, as
specified in N.J.A.C. 3A:56-2.1
, to
operate a home shall comply with all applicable provisions of the New Jersey Uniform
Fire Code, as specified in N.J.A.C. 5:70 (hereinafter referred to
as the "NJUFC"). A home or agency with a capacity of six or more children 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 home's compliance with all applicable provisions of the
NJUFC. The home or agency 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:56-2.1
, to
operate a home shall comply with all applicable provisions of the State Sanitary
Code, as specified in N.J.A.C. 8:24. A home or agency with a
capacity of six or more children 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 home complies with applicable provisions of local,
county, and State health codes and poses no health hazard to the children served.
The home or agency shall submit a copy of the certificate or statement of
satisfactory health approval to the Office of Licensing.
(d) All approved homes shall maintain continued
compliance with the NJUFC and State Sanitary Code, as applicable. An applicant
seeking the renewal of a certificate of approval to continue operating a home for
six or more children 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 home.
