N.J. Admin. Code § 10:44A-1.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 10:44A-1.5 - Requirements for an initial license

(a) A program description shall be submitted to the Division of Developmental Disabilities for each community residence.

1. The program description shall be reviewed for completeness by staff of the Division of Developmental Disabilities, the Office of Licensing, and other Division and/or Department staff, as deemed appropriate.

2. After a determination that the program description is complete, the Office of Licensing shall conduct an on-site initial inspection of the residence to determine that it will adequately provide for the health, safety, and welfare of the individuals served.

(b) Prior to the issuance of an initial license, the following, at a minimum, shall be available:

1. Documentation that demonstrates compliance with all Certificate of Occupancy (CO), Certificate of Continued Occupancy, Temporary Certificate of Occupancy, or Certificate of Habitability requirements.

i. If the local enforcing authority does not have a process for issuing such a certificate, documentation of such shall be obtained.

2. Documentation of any required inspection by the Fire Official and registration with the Department of Community Affairs;

3. An emergency evacuation plan;

4. A first aid kit that meets the requirements at N.J.A.C. 10:44A-5.1(g);

5. Functioning utilities, including an operable telephone;

6. If the building is not serviced by a public water supply, written approval from the local health department that the water supply is safe for human consumption;

7. Documentation from a licensed testing entity that any septic system is functioning adequately;

8. Furniture and food for each individual served;

9. A staff schedule that conforms to the program description, in accordance with N.J.A.C. 10:44A-1.5.

i. Full names of staff shall be written on the staff schedule;

10. A copy of the deed or lease; and

11. Documentation that all necessary residential and vehicle insurance is in force.

(c) The Department shall issue a non-transferable full license, effective from the date of the on-site inspection, upon compliance with (a) and (b) above.

(d) If licensure is not approved, an applicant or licensee shall submit a plan of correction regarding all deficiencies within 30 days after notification to the licensee.

1. Following receipt of the plan of correction, the Office of Licensing shall conduct an on-site review to verify the corrective action taken, in accordance with N.J.A.C. 10:44A-1.7.

(e) The license shall document the location of each residence and shall specify the maximum number of individuals with developmental disabilities that may occupy the home or apartment, excluding licensee's staff.

(f) The licensee shall not operate the program or allow individuals to be placed in the residence prior to approval by the Office of Licensing.

(g) Each license issued to a licensee shall remain the property of the Department. If the Office of Licensing suspends or revokes a license, the licensee shall, upon notification, return the license to the Office of Licensing, in accordance with N.J.A.C. 10:44A-1.8(c).

(h) Once issued, a license shall not be assignable or transferable, and shall be immediately void if the program ceases to operate, relocates, or its ownership changes.

N.J. Admin. Code § 10:44A-1.5

Adopted by 55 N.J.R. 171(a), effective 2/6/2023