Licensing Standards for DayCare Centers

Section 10:122-5.5
Special Physical Facility and Monitoring Requirements to Prevent Child Abuse and/or Neglect

GEN (a) At least five foot-candles of natural or artificial lightx "light:illumination required" shall be provided in all rooms used by children during napx "sleep:lighting required"x "naps" \t "See sleep"time. The illumination shall be measured three feet above the floor at the farthest point from the light source.

(b) Doors in all interior rooms designated for use by children shall remain unlocked.

(c) For rooms and/or areas used by children, except as specified in (e) below, the following monitoring requirements shall apply:

1. The center shall equip every room or area designated for use by children, except for kitchen and toilet facilities, with one of the following options in order to promote maximum visibility and/or audibility:

   i. A centrally supervised audio or visual monitoring systemx "monitoring system";

   ii. Uncovered and unobstructed glass panels and/or two-way mirrorsx "mirrors, two-way" that comprise at least 10 percent of the square footage of one interior wall, provided that such panels/mirrors are not in conflict with applicable provisions of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)" and/or the NJUFCx "NJUFC (New Jersey Uniform Fire Code)";

   iii. Security mirror(s) in hallways that reflect activities in the room(s) used by children;

   iv. At least one interior doorx "doors" leading to every room designated for use by children, which shall meet one of the following conditions, provided that such conditions are not in conflict with applicable provisions of the NJUCCx "NJUCC (New Jersey Uniform Construction Code)" and/or the NJUFCx "NJUFC (New Jersey Uniform Fire Code)":

   (1) Be left open;

   (2) Have uncovered and unobstructed windowsx "windows" or cutouts;

   (3) Be a dutch door variety, with the top half open; or

   (4) Be removed; or

   v. Any other Bureau-approved monitoring systemx "monitoring system" or equipment that provides equivalent visibility and audibility.

1. For existing centers that have only one toilet facility, or for existing centers that have more than one toilet facility, but where all toilets have been counted in determining the maximum number of children who can be served per session, the center shall ensure that staff members and/or other adults who use the toilet facility for their own toileting needs do so only:

   i. When children are not in it; and

   ii. After the staff member and/or other adult has secured the doorx "doors" with a lock or latch that is located on the inside of the door at a height beyond the reach of the children.

   (1) If a center documents to the satisfaction of the Bureau that it lacks the authority to meet the lock/latch provisions noted in (d)1ii above, the Bureau may approve an alternative means by which the center may comply with the privacy intent of this provision.

2. For existing centers that have an additional toilet facility that has not been counted in determining the maximum number of children who can be served per session and for centers to be located in newly constructed buildings, the center shall ensure that:

   i. One toilet facility is reserved and designated for the exclusive use of staff membersx "staff members:toilet facility" and/or other adults; and

   ii. This designated toilet facility is identified by a sign located on the exterior of its door, indicating that this toilet facility is for the exclusive use of staff members and/or other adults.

1. Centers that are to be located in newly constructed buildings that seek to serve 16 or more children shall equip every room designated for use by children, except for kitchen and toilet facilities, with either uncovered glass panels or two-way mirrors that comprise at least 10 percent of the square footage of at least one interior wall in order to promote maximum visibility in such rooms.

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