N.J. Admin. Code § 10:44C-1.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44C-1.5 - Requirements for initial licensure

(a) Upon approval of the program description, and upon approval of the licensee's policy and procedure manual, 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 persons served.

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

1. Documentation which 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 of N.J.A.C. 10:44C-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 person served;

9. A staff schedule that conforms to the program description approved by the Office of Licensing in accordance with N.J.A.C. 10:44C-1.4;

i. The 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 license shall document the location of each residence and shall specify the maximum number of persons with head injuries that may occupy the residence, excluding licensee's staff.

1. A room or rooms may be used as an office for exclusive use by staff.

i. Such rooms shall not be utilized for sleeping purposes for any person served, staff member, or any other person unless temporary approval is granted by the Office of Licensing due to an emergent problem.

ii. Any room identified as office space shall not be included in determining the capacity of the home.

2. A room may be utilized exclusively by staff for sleeping purposes as part of the staff coverage plan, if previously approved by the Office of Licensing.

(d) The Department shall issue a full license, which is not transferable to any other person, corporation, agency, or address, effective from the date of the on-site inspection, upon compliance with (a) and (b) above.

1. The applicant or licensee shall submit a plan of correction regarding identified deficiencies cited in the inspection report within 30 days after notification to the applicant or licensee.

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

(f) The licensee shall not operate the program or allow persons 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.

(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 § 10:44C-1.5

Amended by 49 N.J.R. 259(a), effective 2/6/2017

Adopted by 55 N.J.R. 58(a), effective 1/3/2023