Licensing Standards
for DayCare Centers
Section 10:122-1.1
Legal authority
GEN (a) This manual is promulgated pursuant to the Child Care Center
Licensing Law, N.J.S.A. 30:5B-1 to 15, supplemented by P.L. 1992, c.95.
(b) Under the laws specified in (a) above, the Department of Human Services
is authorized to:
- License certain public and private child care centers that are maintained
for the care, development or supervision of six or more children under 13
years of age for less than 24 hours a day;
- Inspect and examine the physical plant or facilities and program
of a child care center and inspect all documents, records, files or other
data maintained pursuant to the above-referenced law during the center's normal
operating hours and without prior notice; and
- Request the appropriate State and local fire, health and building
officials to conduct examinations and inspections to determine a center's
compliance with State and local ordinances, codes and regulations. The inspections
shall be conducted and the results reported to the Department within 60 days
after the request.
(c) Under the laws specified in (a) above, the Department of Human Services is
authorized to issue a Certificate of Life/Safety Approval to a center that:
- Operates on a seasonal or short-term basis for eight weeks or less
and does not offer a continuous program that extends across the three-year
period of licensure; or
- Was operating on or before May 16, 1984 and was exempt from the
licensing provisions because it was operated by an aid society of a properly
organized and accredited church.
(d) Centers specified in (c) 1 and 2 above are required to comply only with the
physical facility, life/safety, administration and control of medication, environmental
sanitation and communicable disease reporting provisions of this manual of requirements.
Centers with Certificates of Life/Safety Approval may secure regular licenses
on a voluntary basis as long as they comply with all provisions of this manual
of requirements.
(e) To be eligible for a license, a center shall demonstrate to the satisfaction
of the Department of Human Services, or the duly authorized agency, that the
center complies with all applicable provisions of this manual.
(f) All applicable requirements shall be met by all child care centers, unless
the rules are specified as "for early childhood programs" or "for
school-age child care programs."
(g) Responsibility for ensuring that centers comply with the provisions of
the laws cited in (a) above and with provisions of this manual is hereby delegated
by the Department of Human Services to the Division of Youth and Family Services,
Bureau of Licensing.
(h) When a person intends to care for six or more children under 13 years
of age, he or she shall apply for and secure from the Bureau a license to operate
a child care center. Once licensed, the center is subject to all applicable
provisions of this manual, even if the number and/or ages of the children attending
the center at a particular time should fall outside the definition of a center,
as specified in N.J.A.C. 10:122-1.2(a).
10:122-1.1 Legal authority
GEN (a) This manual is promulgated pursuant to the Child Care Center
Licensing Law, N.J.S.A. 30:5B-1 to 15, supplemented by P.L. 1992, c.95.
(b) Under the laws specified in (a) above, the Department of Human Services
is authorized to:
- License certain public and private child care centers that are maintained
for the care, development or supervision of six or more children under 13
years of age for less than 24 hours a day;
- Inspect and examine the physical plant or facilities and program
of a child care center and inspect all documents, records, files or other
data maintained pursuant to the above-referenced law during the center's normal
operating hours and without prior notice; and
- Request the appropriate State and local fire, health and building
officials to conduct examinations and inspections to determine a center's
compliance with State and local ordinances, codes and regulations. The inspections
shall be conducted and the results reported to the Department within 60 days
after the request.
(c) Under the laws specified in (a) above, the Department of Human Services is
authorized to issue a Certificate of Life/Safety Approval to a center that:
- Operates on a seasonal or short-term basis for eight weeks or less
and does not offer a continuous program that extends across the three-year
period of licensure; or
- Was operating on or before May 16, 1984 and was exempt from the
licensing provisions because it was operated by an aid society of a properly
organized and accredited church.
(d) Centers specified in (c) 1 and 2 above are required to comply only with the
physical facility, life/safety, administration and control of medication, environmental
sanitation and communicable disease reporting provisions of this manual of requirements.
Centers with Certificates of Life/Safety Approval may secure regular licenses
on a voluntary basis as long as they comply with all provisions of this manual
of requirements.
(e) To be eligible for a license, a center shall demonstrate to the satisfaction
of the Department of Human Services, or the duly authorized agency, that the
center complies with all applicable provisions of this manual.
(f) All applicable requirements shall be met by all child care centers, unless
the rules are specified as "for early childhood programs" or "for
school-age child care programs."
(g) Responsibility for ensuring that centers comply with the provisions of
the laws cited in (a) above and with provisions of this manual is hereby delegated
by the Department of Human Services to the Division of Youth and Family Services,
Bureau of Licensing.
(h) When a person intends to care for six or more children under 13 years
of age, he or she shall apply for and secure from the Bureau a license to operate
a child care center. Once licensed, the center is subject to all applicable
provisions of this manual, even if the number and/or ages of the children attending
the center at a particular time should fall outside the definition of a center,
as specified in N.J.A.C. 10:122-1.2(a).
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