Licensing Standards for DayCare Centers

Section 10:122-5.3
Additional Physical Plant Requirements for Early Childhood Programs

EC (a) For early childhood programsx "early childhood programs:physical plant requirements", the following shall apply:

1. All electrical outletsx "electrical outlets" that are accessible to the children shall have protective covers.

2. All lally columnsx "lally columns" in areas used by the children shall have protective padding placed around them from the floor to a height of at least 48 inches.

3. Crawl spaces, attic spaces, and all doorsx "doors:screening" and windowsx "windows:screening" used for natural ventilation shall be provided with insect screening.

4. A supply of hot tap waterx "water:temperature" not exceeding 110 degrees Fahrenheit and cold running water shall be provided.

5. Toilet facilityx "toilet facility:number and location" requirements are as follows:

   i. For centers that began operating or changed their use groupx "use group" on or after September 21, 1987, the center shall have one toilet and one sink for every 15 children, as specified in the Plumbing Subcode of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)".

   ii. For centers in operation prior to September 21, 1987 that serve children ages 18 months to six years, the minimum number of toilets and sinksx "sinks:bathroom:number and location" required in the center shall be determined in accordance with the following table:

iii. For centers specified in ii above, urinals may be counted in determining the number of toilets the center shall have, provided that:

(1) At least two toilets are available at the center; and

(2) Two urinals are counted as one toilet towards determining the maximum occupancy of the center.

I/T iv. For centers in operation prior to September 21, 1987 that serve childrenx "infant/toddler programs:toilets, number required" below 18 months of age:

(1) In centers serving 15 or fewer children, there shall be at least one toilet and one sink.

(2) In centers serving more than 15 children, there shall be at least two toilets and two sinks.

EC v. For centers in operation prior to September 21, 1987 that serve a mix of children ranging from birth through five years of age, the center shall either:

(1) Meet the toilet and sink requirements specified in ii and iii above, based on the total number of children being served at the center, provided that all toilets and sinks are utilized by children of all ages; or

(2) Determine the number of children above and below 18 months of age and meet the toilet and sink requirements for the number of children being served in each age category, as specified in ii through iv above.

vi. Toilet facilities and sinks shall be located no more than one floor above or below the floor level(s) used by the children 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.

vii. At least one toilet facility and sink shall be located on each floor level(s) used by children in centers that began operating on or after July 1, 1989 and serve 16 or more children.

6. Kitchen facility requirements are as follows:

   i. The kitchenx "kitchen:barrier" facility and/or food preparation area shall be separated from other areas of the center by a door, gate, screen or other barrier to prevent accidental access by children.

   ii. The kitchenx "kitchen:use by children" may be used for children's program cooking activities only when it is not being used for preparation of meals for consumption by enrolled children.

7. Outdoor space requirements for children over the age of 10 months are as follows:

   i. For children in attendance for three or more consecutive hours, the center shall provide a minimum of 150 square feet of net outdoor spacex "space:square feet required:outdoors". When more than five children are using such a space at one time, there shall be 30 square feet of net outdoor space for each additional child in addition to the required minimum of 150 square feet.

   ii. The outdoor area shall be adjacent to, within close proximity or in the same neighborhood of the center and available for use by the children.

   iii. Outdoor areas located near or adjacent to hazardous areas determined by the Bureau to be unsafe (including, but not limited to, streets, roads, driveways, parking lots, railroad tracks, swimming poolx "swimming pools"s, rivers, streams, steep grades, cliffs, open pits, high voltage boosters or propane gas tanks) shall be fencedx "fencing" or otherwise protected by a natural or man-made barrier or enclosure.

   iv. If a center can demonstrate to the satisfaction of the Bureau that it cannot meet the outdoor spacex "outdoor play area:indoor space in lieu of"x "outdoor space" \t "See space" requirement, the center shall provide, in addition to space for play rooms, a minimum of 150 square feet of net indoor floor spacex "space:indoor in lieu of outdoor area". When more than five children are using such space at one time, there shall be 30 square feet of net indoor floor space for each additional child in addition to the minimum of 150 square feet. The indoor floor space may be either on the site of the center or at another nearby indoor facility, such as a gymnasium, exercise room or other recreational facility.

   v. Centers serving only sick children shall comply with the variation provisions for outdoor space, as specified in N.J.A.C. 10:122-8.4(f)1.

8. All balconiesx "balconies", rooftops, verandas and/or all floor levels used by children that are above the first floor and subject the children to an open drop or atrium shall be protected by barriers consisting of safety glass, plexiglass or any other materials approved by the Bureau. Such barriers shall extend at least five feet above the floor level.

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