N.J. Admin. Code § 3A:53-5.1

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

Section 3A:53-5.1 - Local government physical facility requirements for shelter facilities and shelter homes

(a) An applicant seeking an initial approval, as specified in N.J.A.C. 3A:53-1.5, to operate a shelter facility or shelter home shall comply with all applicable provisions of the New Jersey Uniform Construction Code, as specified in N.J.A.C. 5:23 and hereinafter referred to as the NJUCC.

1. For newly constructed buildings, for existing buildings whose construction code use group classification would change from that which it had been, or for existing buildings that require major alteration or renovation, the shelter facility or shelter home shall submit to the Office a copy of a Certificate of Occupancy (CO) issued by the municipality in which it is located, reflecting the shelter facility's or shelter home's compliance with the appropriate use group classification provisions of the NJUCC.

2. For shelter facilities or shelter homes that are planning to construct a new building, the shelter facility or shelter home shall submit to the Office:

i. Preliminary architectural drawings for review and comment prior to beginning construction; and

ii. If applicable, revised architectural or final drawings containing all required items listed in the preliminary plan review for final approval as in compliance with this chapter from the Office before the shelter facility or shelter home can open.

3. For buildings constructed after the adoption of the NJUCC (1977) and that have not had major alterations or renovations since receipt of the CO, the shelter facility or shelter home shall obtain the CO that reflects the appropriate use group classification issued by the municipality in which it is located at the time the building was originally constructed or approved. This shelter facility or shelter home shall submit a copy of the building's CO to the Office.

4. For existing buildings, whose use prior to the adoption of the NJUCC (before 1977) was and continues to be for a shelter facility or shelter home and that have not had major alterations or renovations, the shelter facility or shelter home shall obtain a Certificate of Continued Occupancy (CCO) or a letter to this effect, issued by the municipality in which it is located, reflecting the building's compliance with provisions of the municipality's construction code requirements that were in effect at the time it was originally constructed or converted for use as a shelter facility or shelter home. The shelter facility or shelter home shall submit a copy of the building's CCO or letter reflecting the building's compliance to the Office.

5. The shelter facility or shelter home shall obtain a new CO or CCO issued by the municipality in which it is located, reflecting the building's compliance with provisions of the applicable NJUCC use group classification, and submit a copy of the new CO or CCO to the Office whenever it takes any of the following actions:

i. Changes the building's use group classification to one other than the one prescribed on its original CO;

ii. Makes a major alteration or renovation, as defined by the NJUCC, of the building or premises where the shelter facility or shelter home is located;

iii. Increases the floor area or the number of stories to the building or premises where the shelter facility or shelter home is located; or

iv. Relocates to another site.

6. Whenever a municipality grants a shelter facility or shelter home a written variation from any of the requirements of the NJUCC, the Office of Licensing may accept such variations as meeting the requirements of this chapter.

i. When the Office does not accept the variation, the non-acceptance shall be based on the best interests of the residents of the shelter, and shall include consideration for their health and safety.

ii. Should the shelter facility or shelter home disagree with the Office, the shelter facility or shelter home may seek a hearing in accordance with N.J.A.C. 3A:53-1.6 and the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1, as implemented by the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(b) An applicant seeking an initial approval, as specified in N.J.A.C. 3A:53-1.5, to operate a shelter facility or shelter home shall comply with all applicable provisions of the New Jersey Uniform Fire Code, as specified in N.J.A.C. 5:70 and hereinafter referred to as the NJUFC. The shelter facility shall obtain the building's fire safety inspection certificate issued by the municipality in which it is located, based on a fire inspection conducted within the preceding 12 months, reflecting the shelter facility's compliance with all applicable provisions of the NJUFC. The shelter facility shall submit a copy of the building's fire safety inspection certificate to the Office.

(c) An applicant seeking an initial approval, as specified in N.J.A.C. 3A:53-1.5, to operate a shelter facility or shelter home shall comply with all applicable provisions of the State Sanitary Code, as specified in N.J.A.C. 8:24. The shelter facility or shelter home shall obtain a certificate or statement of satisfactory health approval issued by the applicable municipal, county, or State health agency, based on a health inspection conducted within the preceding 12 months, certifying that the shelter facility or shelter home complies with applicable provisions of local, county, and State health codes and poses no health hazard to the children served. The shelter facility or shelter home shall submit a copy of the certificate or statement of satisfactory health approval to the Office.

(d) An applicant seeking the renewal of a certificate of approval to continue operating a shelter facility or shelter home shall obtain and submit to the Office, copies of:

1. A current fire safety inspection certificate for the building; and

2. A current certificate or statement of satisfactory health approval for the shelter facility.

N.J. Admin. Code § 3A:53-5.1

Amended by R.1992 d.485, effective 12/7/1992.
See: 24 N.J.R. 3089(a), 24 N.J.R. 4387(a).
Requirements amended to conform to N.J.U.C.C. and N.J.S.A. 52:27D-123.1.
Amended by R.1993 d.156, effective 4/5/1993.
See: 24 N.J.R. 4482(a), 25 N.J.R. 1515(b).
New (a)6 establishes that the Bureau of Licensing of DYFS may accept or reject a municipalities grant of variation to the NJUCC.
Amended by R.2005 d.374, effective 11/7/2005.
See: 37 N.J.R. 1942(a), 37 N.J.R. 4263(a).
In (b), substituted "5:70" for "5:18, 18A and 18B".
Amended by R.2016 d.033, effective 4/18/2016.
See: 47 N.J.R. 2613(a), 47 N.J.R. 2695(a), 48 N.J.R. 649(a).
Rewrote the section.