Licensing Standards for DayCare Centers

Section 10:122-5.2
Physical Plant Requirements for all Centers

GEN (a) Indoor maintenance and sanitation requirements are as follows:

1. The center shall be free of moisture resulting from waterx "water:leaks" leaks or seepage.

2. Floorsx "floors", carpeting, walls, window coverings, ceilings, and other surfaces shall be kept clean and in good repair.

3. Stairwaysx "stairways" shall be free of tripping hazards, such as toys, boxes, loose steps, uneven treads, torn carpetingx "carpeting", raised strips, or uneven risers.

4. Carpetingx "carpeting" shall be securely fastened to the floor.

5. Garbage receptaclesx "garbage receptacle" shall be:

   i. Made of durable, leakproof and nonabsorbent materials;

   ii. Covered in a secure manner;

   iii. Emptied to the outdoor garbage receptaclex "garbage receptacle" when filled; and

   iv. Maintained in a sanitary manner.

6. Food waste receptacles shall be lined and maintained in clean and sanitary condition.

7. The center shall be free of rodentx "rodent infestation" or insect infestationx "insect infestation" and shall take immediate action to remove any infestation that may occur. The center shall maintain on file a record documenting the use of extermination services.

8. Toiletsx "toilets:maintenance", wash basins, kitchen sinksx "sinks:maintenance", and other plumbing shall be maintained in good operating and sanitary condition.

9. All corrosive agents, insecticides, bleaches, detergents, polishes, any products under pressure in an aerosol spray can, and any toxic substancex "toxic substances" shall be stored in a locked cabinet or in an enclosure located in an area not accessible to the children.

10. All windowsx "windows" and other glass surfaces that are not made of safety glass and that are located within 36 inches above the floor shall have protective guards.

11. Ventilation outletsx "ventilation outlets" shall be clean and free from obstructions, and filters shall be replaced when saturated.

12. Wallsx "walls, maintenance" shall be painted or otherwise covered whenever there is evidence of:

    i. Excessive peeling or chipped paint; or

    ii. Heavily soiled conditions.

13. All shelvingx "shelving" shall be secured and not overloaded.

14. The center shall test for the presence of radonx"radon" gas at least once every five years and shall post the test results in a prominent location in the center, as specified in N.J.S.A. 30:5B-5.2.

1. The building, land, walkways, and outdoor play areax "outdoor play area:maintenance" shall be free from hazards to the health, safety or well-being of the children.

2. The outdoor play area shall be graded or provided with drains to dispose of surface water.

3. The building structure shall be maintained to prevent:

   i. Water from entering;

   ii. Excessive drafts or heat loss; and

   iii. Infestation from rodents and insects.

4. The railingsx "railings" of balconies, landings, porches, or steps shall be maintained in safe condition.

5. Garbage receptacles shall be:

   i. Made of durable, leakproof and nonabsorbent materials;

   ii. Covered in a secure manner and located in an outdoor area; and

   iii. Maintained in a sanitary manner.

6. Centers that provide outdoor space shall maintain in proper condition all fencingx "fencing" or other natural or man-made barriers or enclosures.

7. All outdoor play equipmentx "outdoor play area:equipment" shall be appropriate for the body size and abilities of the children who use it.

8. All outdoor play equipment shall meet the standards of a recognized safety organization (such as the Juvenile Products Manufacturers Association, the American Society for Testing and Materials, or the United States Consumer Product Safety Commissionx "Consumer Product Safety Commission").

9. All outdoor play equipmentx "outdoor play area:resilient surfaces" shall be surrounded by a resilient surface that meets the standards of a recognized safety organization (such as the Juvenile Products Manufacturers Association, the American Society for Testing and Materials, or the United States Consumer Product Safety Commissionx "Consumer Product Safety Commission"), and that extends at least four feet beyond the fall zone of the equipment.

   i. Centers that began operating before the effective date of this manual shall ensure that a Bureau-approved resilient surface is installed within three years from the effective date of this manual.

   ii. Centers that began operating on or after the effective date of this manual shall ensure that a Bureau-approved resilient surface is installed before children use the outdoor play equipment.

   iii. Centers that take children to a community park or playgroundx "playground" \t "See outdoor play area" shall ensure that a Bureau-approved resilient surface has been installed before children use the outdoor play equipment at the park or playground.

1. All fluorescent tubes and incandescent lightx "light:bulb covers" bulbs shall have protective covers or shields.

2. During program activities, at least 20 foot-candles of natural or artificial lightx "light:illumination required" shall be provided in all rooms used by the children. This illumination shall be measured three feet above the floor at the farthest point from the light source.

3. Parking areas, pedestrian walkways, or other exterior portions of the premises subject to use by center occupants at night shall be illuminated to provide safe entrance to and egress from the center.

1. A minimum temperature of 68 degrees Fahrenheit shall be maintained in all rooms used by the children.

2. Steam and hot water pipesx "water pipes", radiatorsx "radiators", and electrical space heaters shall be protected by screens, guards, insulation or any other suitable, non-combustible protective device.

3. The center shall not use portable liquid fuel-burning or wood-burning heating appliances.

(f) Toilet facilityx "toilet facility:equipment and supplies" requirements are as follows:

1. A supply of soap, toilet paper, and individual hand towels or disposable paper towels shall be provided.

2. Mirrors, dispensers, and other equipment shall be fastened securely.

3. Platforms shall be available as appropriate for use by the children when adult size toiletsx "toilets:platforms", and/or sinksx "sinks:platforms", and/or urinals are used by the children.

(h) Lead paint precautions are as follows:

1. The center shall be free from lead paintx "lead paint" hazards.

2. Whenever the presence of a lead paintx "lead paint" hazard is determined by a New Jersey Certified Lead Inspector/Risk Assessor, the hazard shall be controlled or abated in accordance with remediation procedures established by a lead abatement contractor who is certified pursuant to N.J.A.C. 5:17 and 5:23.

1. Coatings containing asbestosx "asbestos" shall not be sprayed on any interior or exterior surfaces of a building used as a center, or on any equipment used therein, in accordance with rules of the State Department of Environmental Protection, as specified in N.J.A.C. 7:27-17.2 and with applicable provisions of the Asbestos Hazard Abatement Subcode of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)", as specified in N.J.A.C. 5:23-8.

2. If the New Jersey Department of Health and Senior Services determines the presence of sprayed-on asbestosx "asbestos"-containing materials, and concludes that corrective action must be taken to minimize exposure potential, the sponsor shall follow the recommendation of that Departmentx "Department of Health and Senior Services:asbestos testing and corrective action" for enclosure, removal or other appropriate action to remove the threat or risk of asbestos contamination, as specified in N.J.A.C. 5:23-8.

1. Pools that are at least 24 inches in depth shall be defined as swimming poolx "swimming pools"s and subject to the requirements specified in (j)3 below. Pools that are less than 24 inches in depth shall be defined as wading pools.

2. For wading pools that do not have water filtration systems, the center shall change the waterx "water:swimming pools" after each use by a group of children.

3. The center shall ensure that any swimming poolx "swimming pools" or natural bathing place used by the children complies with applicable provisions of the Public Recreational Bathing Rules, as specified in N.J.A.C. 8:26, and with applicable provisions of the Building Subcode and Barrier-free Subcode of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)", as specified in N.J.A.C. 5:23.

4. The center shall ensure that the children using swimming poolx "swimming pools"s or natural bathing facilities are supervisedx "supervision:swimming pools" in accordance with applicable provisions of the New Jersey Youth Camp Safety Act rules, as specified in N.J.A.C. 8:25.

5. If a child defecates in the swimming poolx "swimming pools", all solid wastes shall be removed and the pool shall be super-chlorinated and not used until the chlorine level returns to levels identified as acceptable in the Public Recreational Bathing Rules, N.J.A.C. 8:26.

1. The center shall prepare written emergency evacuationx "emergency evacuation:from building" instructions delineating:

   i. The location of the first aid kitx "first aid:kit" and any additional first aid supplies;

   ii. The name, address and telephone number of the physicianx "physician:emergency record" retained by the center or of the health facility to be used in emergencies;

   iii. The procedure for obtaining emergency transportation;

   iv. The hospitalx "hospital:identified in emergency evacuation records" and/or clinic to which injured or ill children will be taken;

   v. The telephone numbers of the local police and fire departments and ambulance service;

   vi. The location of written authorization from parentx "parent:permission:emergency medical treatment"(s) for emergency medical care for each child;

   vii. A diagram showing how the center is to be evacuated in case of emergency; and

   viii. The location of fire alarmsx "fire alarms" and fire extinguisherx "fire extinguisher"s.

2. The emergency evacuationx "emergency evacuation:from building" instructions shall be posted in a prominent location on every floor within the center.

1. Cribsx "cribs" \t "See sleeping equipment", bedsx "beds" \t "See sleeping equipment", playpensx "playpens" \t "See sleeping equipment", and cotsx "cots" \t "See sleeping equipment" used for rest or sleep shall be arranged so as to provide access to a three-foot-wide aisle that leads to an unobstructed exit.

2. To assure the safe and timely evacuation of the children from the center during a fire or other emergency, centers required to secure a Certificate of Life/Safety Approvalx "Certificate of Life/Safety Approval:requirements" shall meet the minimum staff/child ratiox "staff/child ratio:Certificate of Life/Safety Approval" requirements, as specified in N.J.A.C. 10:122-4.3(c).

1. The center shall conduct fire drillsx "fire drills" at least once a month, as specified in the NJUFCx "NJUFC (New Jersey Uniform Fire Code)".

2. The center shall ensure that all children present are evacuated from the building during each fire drill.

3. The center shall maintain on file a record of each fire drill, as specified in the NJUFCx "NJUFC (New Jersey Uniform Fire Code)", which record shall include:

   i. The date and time of day of the drill;

   ii. The weather condition at the time of evacuation;

   iii. The number of participating children and staff members; and

   iv. The total amount of time taken to evacuate the center.

4. All fire extinguisherx "fire extinguisher"s shall be visually inspected once a month, and serviced and tagged at least once a year and recharged, if necessary, as specified in the NJUFCx "NJUFC (New Jersey Uniform Fire Code)".

1. A staff member who has current certified basic knowledge of first aidx "first aid:training" principles and cardiopulmonary resuscitation (CPRx "CPR (cardio-pulmonary resuscitation)"), as defined by a recognized health organization (such as the American Red Cross), shall be in the center at all times when enrolled children are present.

2. The following equipment shall be placed in a location that is convenient and accessible to staff members:

   i. A standard first aid kitx "first aid:kit", which is fully re-stocked within 24 hours of use; and

   ii. The American Red Cross First Aid Manual or its equivalent.

(p) Space and room requirements are as follows:

1. All spacex "space:approval by Bureau of Licensing" and rooms within the center to be used by children shall be inspected and approved by the Bureau prior to their use. In making its determination, the Bureau shall consider whether the space is too far removed, remote or isolated from other areas of the center to be used by children.

   i. For those rooms or areas that are too far removed, remote or isolated from other centrally located rooms or areas of the center, the Bureau may require the use of additional staff members, above those required for staff/child ratiox "staff/child ratio"s, before granting approval.

   ii. Rooms or areas of the center that are not Bureau-approved for use by children shall be made inaccessible to children.

2. At no time shall a center allow more children in attendancex "maximum attendance" \t "See licensed capacity"x "attendance:maximum" than the number specified on its licensex "licensed capacity" or Certificate of Life/Safety Approval.

3. Indoor spacex "space:square feet required:indoors" requirements for play rooms and/or sleep rooms are as follows:

   i. There shall be a minimum of 30 square feetx "square feet" \t "See space" of usable activity indoor floor space for each child in centers that:

   (1) Began operating prior to July 1, 1989; or

   (2) Began operating on or after July 1, 1989 and serve fewer than 16 children.

   ii. There shall be a minimum of 35 square feet of usable activity indoor floor space for each child in centers that began operating on or after July 1, 1989 and serve 16 or more children.

   iii. The minimum square footage of usable activity indoor floor space shall be determined by excluding the space used in or by hallways, toilet facilities, offices, storage rooms, staff rooms, furnace rooms, kitchen areas, lockers, closets, and other stationary equipment or areas that children do not use for sleep or play.

   iv. Centers serving sick children shall comply with the variation provisions on determining net indoor floor space per child, as specified in N.J.A.C. 10:122-8.4(a).

   v. The center shall identify all roomsx "space:labeling of" of the center that have been approved by the Bureau. This identification shall consist of numbers, letters, names or any other means of identification and shall be located either inside or directly outside each room.

4. Separate room or area requirements for children who become ill are as follows:

   i. There shall be a room, section of a room, or a separate area in the center to which children who are exhibiting those illnesses, symptoms of illness, and diseases specified in N.J.A.C. 10:122-7.1(c) shall be taken and where they shall be cared for until they can return home, be suitably cared for elsewhere, or be diagnosed as posing no health risk to themselves or others.

   ii. The separate room, section or area shall be furnished with sleeping equipmentx "sleeping equipment:sick children" and sheets, blankets or other coverings.

   iii. Centers serving only sick childrenx "sick child isolation area" shall comply with the variation provision for separating ill children, as specified in N.J.A.C. 10:122-8.4(b) and (c).

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