Licensing Standards for DayCare Centers

Section 10:122-5.1
State, County and Municipal Government Physical Facility Requirements

GEN (a) A person seeking a license or a Certificate of Life/Safety Approval to operate a center shall comply with all applicable provisions of the New Jersey Uniform Construction Codex "Uniform Construction Code" \t "See NJUCC", as specified in N.J.A.C. 5:23 and hereinafter referred to as the NJUCCx "NJUCC (New Jersey Uniform Construction Code)".

1. For newly constructed buildings, for existing buildings whose construction code use groupx "use group" classification would change from that which it had been, or for existing buildings that require major alteration or renovation, the center shall obtain a Certificate of Occupancyx "Certificate of Occupancy" \t "See CO" (COx "CO (Certificate of Occupancy)") issued by the municipality in which it is located, reflecting the center's compliance with the provisions of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)", and submit a copy of the CO to the Bureau, for one of the following use groupx "use group" classifications:

   i. E (Educational) for buildings accommodating children 2 ½ years of age and/or older and having a total occupancy of six or more children. Centers in the E use group may also serve no more than five children below 2 ½ years of age, as specified in N.J.A.C. 5:23 as interpreted by the Department of Community Affairsx "Community Affairs, Department of", Division of Codes and Standards, in a Formal Technical Opinion (FTO-9) dated March 1, 1995;

   I/T ii. I-2 (Institutional) for buildings accommodating six or more childrenx "infant/toddler programs:use group" less than 2 ½ years of age; or

   SA iii. A-3 or A-4 (Assembly) or one of the use groupx "use group" classifications specified in (a)1i or ii above for buildings accommodating school-age child care programsx "school-age child care programs:use group" only.

GEN 2. Plan reviews for centers to be located in newly constructed buildings shall be submitted as follows:

i. In addition to submitting preliminary and final architectural drawings to the local construction official, a sponsor that plans to construct a new or renovate an existing building for use as a center shall submit preliminary and/or final architectural drawings to the Bureaux "Bureau of Licensing:review of architectural plans by" for review and approval prior to beginning construction.

ii. The sponsor shall submit to the Bureau revised final architectural drawings containing all Bureau-required items listed in the plan reviewx "plan review", if any, and secure final approval from the Bureau prior to beginning construction.

3. For buildings constructed after the adoption of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)" (1977), whose construction code use groupx "use group" classification is already E, I-2, A-3, or A-4, and that have not had major alterations or renovations since receipt of the COx "CO (Certificate of Occupancy)", the center 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 E, I-2, A-3, or A-4 use group classification. The center shall submit a copy of the building's CO to the Bureau.

4. For existing buildings whose use prior to the adoption of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)" (before 1977) was and continues to be for a center and that have not had major alterations or renovations, the center shall obtain a Certificate of Continued Occupancy (CCOx "CO (Certificate of Occupancy)") 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 center. The center shall submit a copy of the building's CCO to the Bureau.

5. The center shall be permitted to obtain a valid fire safety inspection certificate issued by the municipality in which it is located, based on a fire inspectionx "fire inspection" conducted within the preceding 12 months, and submit a copy of the certificate to the Bureau in lieu of a COx "CO (Certificate of Occupancy)" or CCO, if the center:

   SA i. Operates a school-age child care programx "school-age child care programs:fire inspection certificate" located in a building constructed prior to January, 1977; or

   GEN ii. Serves only children 2 ½ years of age or older and is located in a public school building that is used as a public school.

6. The center shall obtain a new CO issued by the local municipality in which the center is located, and submit a copy to the Bureau, reflecting the building's compliance with provisions of the applicable NJUCCx "NJUCC (New Jersey Uniform Construction Code)" use groupx "use group" classification, whenever the center:

   i. Changes the building's use groupx "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 in which the center is located;

   iii. Increases the floor area or the number of stories to the building or premises in which the center is located; or

   iv. Relocates to another site.

7. Whenever a municipality grants to a center a written variation(s) from any of the requirements of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)", the Bureau may accept such variation(s) as meeting the applicable requirement(s) of this manual.

   i. If the Bureau does not accept the variation, the non-acceptance shall be based on the best interests of the children in the center, and shall include consideration for their health and safety. The non-acceptance shall be based on the requirements of this manual only, and shall not preclude the municipality from continuing to grant the variation.

   ii. If the center disagrees with the Bureau, the center may seek a hearingx "administrative hearing" in accordance with N.J.A.C. 10:122-2.5(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.

(c) If the center prepares meals, the center shall obtain a satisfactory Sanitary Inspectionx "sanitary inspection" Certificate, as specified in N.J.A.C. 8:24, indicating that the kitchenx "kitchen:sanitary inspection" is in compliance with the applicable requirements of the State Sanitary Codex "Sanitary Code". The center shall maintain on file the Sanitary Inspection Certificate.

(d) An applicant seeking the renewalx "renewal of license" of a license or of a Certificate of Life/Safety Approval to continue operating a center shall obtain and maintain on file a fire safety inspection certificate for the building based on a fire inspectionx "fire inspection" conducted within the preceding 12 months. If the center prepares meals, the applicant seeking renewalx "renewal of license" shall obtain and maintain on file a satisfactory Sanitary Inspection Certificate, as specified in N.J.A.C. 8:24, indicating that the kitchenx "kitchen:sanitary inspection" is in compliance with the applicable requirements of the State Sanitary Codex "Sanitary Code", based on a sanitary inspection conducted within the preceding 12 months.

(e) A center that qualifies for a Certificate of Life/Safety Approvalx "Certificate of Life/Safety Approval:requirements" shall meet the provisions of N.J.A.C. 10:122-2 and 5.

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