(d) In making a determination about an application for the use of temporary facilities, the following factors shall be taken into account:
1. Accommodations of students in temporary spaces in an existing public school, in other school-district-owned facilities or in rented or leased buildings not on a school-district-owned site shall comply with the following:
i. Safety factors:
(1) The floors, walls, and ceilings of rooms used for instruction shall be free of moisture, peeling paint, and potentially hazardous materials;
(2) The hardware on doors of any space occupied by students shall permit egress from the room at all times. Key-operated locks, thumb-turn locks, hasps or similar types of locking devices shall not be permitted;
(3) Instructional room doors opening into the corridor shall have vision panels;
(4) Directions for exiting from the building in case of emergency shall be posted in each space by the exit;
(5) Concrete floors in all instructional areas, except shops, shall be covered with a resilient floor covering;
(6) All educational spaces shall be equipped with a telephone connected to the main office and capable of emergency communication to local authorities. Such communication system may be in the form of a telephone system capable of placing 9-1-1 calls; and
(7) Provision shall be made for storage of students' clothing in other than a corridor or exitway.
ii. The average ceiling height shall be at least eight feet for instructional spaces in temporary facilities in an existing public school, in a school-district-owned facility, and in rented or leased buildings not on school-district-owned sites.
iii. Heating and ventilation requirements shall be as set forth in 6A:26-6.3 and the UCC;
iv. Toilet facilities shall meet existing UCC requirements for the E Use Group as determined by the construction official. Toilet facilities shall be available within a reasonable distance not more than one floor away, and shall be equipped with an exterior operable window sash or mechanical exhaust ventilation. Toilet facilities shall be provided for students in preschool and kindergarten programs as per 6A:26-6.3 and/or 6.4;
v. Potable water shall be available and drinking fountains shall be provided for students in preschool and kindergarten programs in accordance with N.J.A.C. 5:23-7;
vi. At least 50 footcandles of uniformly distributed artificial illumination shall be provided in all instructional areas;
vii. Furniture and equipment that is in good condition and suitable for the age and size of the students and purposes of instruction shall be provided;
viii. Instruction:
(1) Chalkboard, or other appropriate writing surface, and a display board suitable for the instructional program shall be provided; and
(2) Sufficient electrical duplex outlets shall be provided to satisfy the program needs as provided in 6A:26-6.3; and
ix. The outside physical education area for students shall include, but not be limited to, sufficient space, equipment, and safe surfaces for the temporary facility enrollment and program needs and be protected from hazards or traffic conditions.
2. Pre-manufactured temporary classroom units, vans, and other mobile units shall comply with the following:
i. Pre-manufactured temporary classroom units shall be reviewed and approved by the Division for educational adequacy pursuant to 6A:26-5.4(c). The Department of Community Affairs or the local construction official shall review and approve the installation and shall issue the certificate of occupancy. Each pre-manufactured temporary classroom unit shall:
(1) Have a seal affixed by the manufacturer that indicates it meets the requirements for construction and certification of industrialized/modular buildings for educational use at N.J.A.C. 5:23-4A;
(2) Contain square footage appropriate to its use as specified in this chapter;
(3) Meet code requirements for educational facilities as specified in the UCC and in 6A:26-6.3 and 6.4, to the extent the latter code requirements are applicable to temporary facilities;
(4) A pre-manufactured temporary classroom unit in excess of 20 feet in length shall have two means of clear and unobstructed egress that are remote from each other, consistent with the UCC;
(5) Have sturdy steps that include a handrail and are barrier free, consistent with the UCC;
(6) Have heat that provides a temperature of 68 degrees Fahrenheit;
(7) Have a ceiling height as follows:
(A) Vans and other mobile units--seven feet minimum;
(B) Temporary classroom unit--seven feet six inches minimum.
(8) Have provisions for the storage of students' clothing;
(9) Have a chalkboard and display board appropriate to the instructional program;
(10) Have floor covering of either carpet that meets UCC requirements or asbestos-free resilient flooring;
(11) Have interior ceiling and wall materials that are certified free of toxic materials;
(12) Be provided with an electric smoke detection unit that has an audible alarm for each 900 square feet, or portion thereof, or for each instructional space and that is tied in to the main building fire alarm system; and
(13) Be situated on a site approved by the Division pursuant to 6A:26-5.4(c) and approved by the Division pursuant to 6A:26-7.1 if land is acquired for the temporary facility.
ii. Nonconformance to requirements in (d)2i(1) through (13) above that is found during an evaluation of any pre-manufactured unit placed in service after June 4, 1986, or in a subsequent inspection of a unit approved according to (d)2i(1) through (13) above, shall be corrected within 30 days of the evaluation. Staff of the Division or county offices of education shall order a unit immediately abandoned if the school district fails to correct deficiencies with respect to such requirements.
iii. A self-propelled van or other pre-manufactured mobile unit used for instruction shall:
(1) Have mechanical ventilation and exhaust that provides air change per occupant per hour in accordance with the UCC;
(2) Have interior ceiling and wall materials that are certified non-toxic and non-combustible;
(3) Contain a minimum of 100 square feet;
(4) Have electric heat that provides a temperature 68 to 72 degrees Fahrenheit;
(5) Provide at least 50 footcandles of uniformly distributed artificial illumination;
(6) Have a minimum ceiling height of seven feet;
(7) Have two means of clear and unobstructed egress that are remote from each other;
(8) Be provided with door hardware that is lever-operated and fully operable at all times from the interior and exterior;
(9) Be provided with an electric smoke-detection unit that has an audible alarm that can be heard clearly within the unit;
(10) Be furnished with an electric hook-up cable that is copper, a maximum of 28 feet in length and contains a 220 volt four-prong receptacle that is plugged into an approved twist-type outlet;
(11) Be furnished with a 2A-10BC fire extinguisher that is maintained in operating order at all times;
(12) Be furnished with electrical fixtures that meet the UCC;
(13) Have electrical wire of a minimum size to meet the UCC;
(14) Have floor covering of either carpet that meets UCC requirements or asbestos-free resilient flooring;
(15) Be furnished with furniture and equipment that is stabilized while in transit;
(16) Pass an annual inspection by the New Jersey Motor Vehicle Commission;
(17) Be evaluated and approved annually by the executive county superintendent; and
(18) Be furnished with wheel chocks to assure the unit will not move in any direction when parked.
iv. Nonconformance to requirements in (d)3iii(1) through (18) above that is found during an evaluation of any van and/or mobile unit place in service after June 4, 1986, or a subsequent inspection of a van and/or mobile unit approved according to the standards set forth in this subsection, shall be corrected within 30 days of the evaluation. Staff of the Division or the county offices of education shall order a van and/or other mobile unit immediately abandoned if the school district fails to correct deficiencies.
v. Pre-manufactured vans or mobile units in service longer than five years shall be evaluated by the executive county superintendent in consultation with the Division. The unit shall be abandoned if the evaluation indicates it cannot meet the provisions of this subsection.
