N.J. Admin. Code § 3A:55-4.1 - Physical facility initial approval requirements for all facilities located in New Jersey

(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.

Notes

N.J. Admin. Code § 3A:55-4.1

Administrative Change, 49 N.J.R. 98a. Amended by 50 N.J.R. 285(a), effective 1/16/2018