N.J. Admin. Code § 3A:51-4.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 3A:51-4.1 - Physical facility and maintenance requirements

(a) Level I physical facility requirements are as follows:

1. In order to receive and maintain an initial or renewal license, the resource family home shall be in compliance with all applicable local and State laws, including the New Jersey Uniform Construction Code, as specified in N.J.A.C. 5:23, and the New Jersey Uniform Fire Code, as specified in N.J.A.C. 5:70, with respect to occupancy of a dwelling, health and fire safety provisions.

2. A telephone shall be in service in the home at all times when a child in placement is present.

3. Cameras, recording devices, or monitoring devices, including a home security system focusing on points of egress to the outside, may be installed.

4. Cameras, recording devices, and monitoring devices shall not be installed in or monitor bathrooms.

5. Cameras, recording devices, and monitoring devices shall not be used in a bedroom used by a child in placement who is over four years of age. The device shall not impose on the privacy of any child in placement.

6. The resource family parent shall reveal any use of monitoring or recording devices to each child in placement prior to their use.

(b) Level I maintenance requirements are as follows:

1. Major plumbing, drains, sewer lines, and septic systems shall be operable and in good repair.

2. At least one toilet, one wash basin, and one bathtub or shower shall be provided in the home and shall be in good working order.

3. Each egress door shall be readily opened from the side from which egress is to be made without a key, special knowledge, or special effort.

4. Major appliances shall be plugged directly into electrical outlets. Small appliances may be operated by using an appropriately rated power strip. Extension cords shall not be used to connect appliances to electrical outlets.

5. Rodent or insect infestation shall be controlled if present.

6. All corrosive agents, insecticides, bleaches, polishes, products under pressure in an aerosol can, and toxic substances shall be labeled and stored in an area inaccessible to children who are under 10 years of age or whose assessment indicates the need for such protection.

7. Alcoholic beverages shall be stored in an area inaccessible to children as necessary to ensure the safety of a specific child or children in placement.

8. If the home serves one or more infants or toddlers, the resource family parent or applicant shall ensure the installation of:

i. Safety latches on cabinets and closets containing hazardous or toxic substances;

ii. Safety gates on stairways and landings; and

iii. Protective safety covers on all electrical outlets accessible to children.

9. The resource family parent or applicant shall not use spray coatings containing asbestos on any interior or exterior surfaces of the home or on any equipment used therein, in accordance with rules of the State Department of Environmental Protection, as specified in N.J.A.C. 5:23-8. If the New Jersey Department of Health determines the presence of sprayed-on asbestos-containing materials and concludes that corrective action must be taken to minimize exposure potential, the resource family parent or applicant shall follow the recommendation of that Department for enclosure, removal, or other appropriate action to remove the threat or risk of asbestos contamination.

10. The resource family parent or applicant shall not use lead paint on and shall remove lead paint from any interior or exterior surfaces of the home, and from any furniture, toys, or other equipment used therein, in accordance with the provisions of N.J.S.A. 24:14A-1 et seq., and with the provisions of N.J.A.C. 8:51-7. If the Department determines that lead paint is hazardous to the health, safety, and well-being of a child in placement, the resource family parent or applicant shall ensure the removal of the lead paint hazard.

(c) The home, land, and outdoor area shall be free from hazards to the health, safety, or welfare of children. Each requirement in this subsection is a level I requirement.

1. Light switches, electrical junction boxes, fuse boxes, electrical control panels and electrical sockets shall have protective plate covers.

2. During activities in the home, sufficient natural or artificial light shall be provided in all rooms used by a child in placement.

3. Heating and ventilation requirements are as follows:

i. A minimum temperature of 65 degrees Fahrenheit (18.5 degrees Celsius) shall be maintained in all rooms used by a child in placement.

ii. Working fireplaces and electric space heaters shall be protected by screens, guards, insulation, or any other non-combustible protective device.

iii. Steam and hot water pipes and radiators shall be protected by screens, guards, insulation, or any other suitable non-combustible protective device.

iv. Crawl spaces, attic spaces, and all doors and windows used for natural ventilation shall have insect screening.

4. When a wood burning stove is in use, the resource family parent shall ensure that either:

i. The stove is protected by a screen or guard; or

ii. Age-appropriate supervision is provided at all times when children are present.

5. Kitchen and bathroom requirements are as follows:

i. Kitchen and cooking equipment shall be kept clean and sanitary.

ii. Toilets, wash basins, bathtubs, showers, kitchen sinks and other plumbing shall be maintained in good operating and sanitary condition.

iii. A sufficient supply of hot water that is maintained at a safe temperature in the professional judgment of the Office of Licensing staff and of cold running water shall be in the home.

6. Outdoor maintenance requirements are as follows:

i. All fencing shall be maintained in proper condition.

ii. The land, including the outdoor play area, if any, shall be free of standing water.

(d) Paint on the interior and exterior surfaces accessible to children shall be free of flaking, peeling and chipping. This is a level II requirement.

(e) The resource family parent or applicant shall ensure that all necessary steps are taken to correct any condition in the indoor or outdoor area that may endanger in any way the health, safety, and well-being of a child in placement.

(f) If the home has a swimming pool or a natural bathing area, the resource family parent or applicant shall:

1. Maintain a ring buoy with a rope, extension pole, or other device that can be used to rescue a swimmer in distress;

2. Meet all applicable local ordinances that apply to a swimming pool or natural bathing area; and

3. Enclose a swimming pool or natural bathing area with a barrier approved by the Office of Licensing and equip the barrier with a safety device; and

4. Have a working pump and filtering system for each pool, if that pool cannot be emptied after each use.

(g) The resource family parent shall ensure that an adult approved by the resource family parent or applicant supervises all children while they are in the pool, pool area, natural bathing area, hot tub, or spa.

(h) Each resource family parent shall use a safety cover that is locked when not in use, if the home has a hot tub or spa.

N.J. Admin. Code § 3A:51-4.1

Administrative Change, 49 N.J.R. 98a.

Amended by 49 N.J.R. 2792(a), effective 8/21/2017

Amended by 51 N.J.R. 1263(b), effective 8/5/2019