N.J. Admin. Code § 3A:53-5.2

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

Section 3A:53-5.2 - State government physical facility requirements for shelter facilities

(a) All shelter facilities shall be inspected by the Office prior to receipt of an initial and/or subsequent approval to insure that the building has been maintained in accordance with the requirements specified in (b) through (q) below.

(b) Shelter facilities shall be classified according to the type of construction designated by the UCC.

(c) Limitations on the use of upper and lower levels:

1. Non-ambulatory children shall not have bedrooms above or below the first floor.

2. In NJUCC-designated buildings of Type 4 and Type 5A construction, children shall not be permitted above the third floor unless the building meets all the applicable provisions of the New Jersey Uniform Fire Code (NJUFC) and the NJUCC.

3. In NJUCC-designated buildings of Type 5B construction, children shall not be permitted above the second floor unless the building meets all the applicable provisions of the NJUFC and the NJUCC.

(d) Exit requirements:

1. Shelter facility exits shall be maintained in proper operating condition and comply with all the applicable provisions in the NJUCC and the NJUFC.

2. Doors:

i. Shelter facility doors shall be maintained in proper operating condition and comply with all the applicable provisions in the NJUCC and the NJUFC.

ii. Doors used for exits shall:

(1) Be unobstructed;

(2) Be unlocked from the inside of the building while children are at the shelter facility; and

(3) Swing outward when serving an occupant load of more than 50.

iii. Bathroom and closet doors may be locked; however, locked doors shall be designed to permit opening from the outside and inside in case of emergency.

3. Stairways:

i. Stairways used for exits shall be unobstructed.

ii. Interior stairways:

(1) The maximum height of risers shall be seven inches, and the minimum width of tread shall be nine inches.

(2) Winding staircases shall not be counted for purposes of meeting the exit requirements of this chapter.

(3) A space below a stairway shall be enclosed with a one hour fire-rated material.

iii. Exterior stairways:

(1) Exterior stairways conforming to the interior stairway requirements, as noted in (d)3ii above, shall be acceptable as required exits in shelter facilities not exceeding five stories in height.

(2) Exterior stairways shall be constructed of noncombustible materials or of wood not less than two inches thick.

iv. Handrails and guardrails shall comply with all the applicable provisions contained in the NJUCC and the NJUFC.

4. Special requirements for shelter facilities serving nonambulatory children: The following special requirements shall be met by shelter facilities serving nonambulatory children:

i. A sufficient number of doors, corridors, ramps or walkways and landings shall be provided and be wide enough to permit their being used by children utilizing wheelchairs, braces, walkers or any other prosthetic equipment or devices.

ii. Ramps shall have a grade not greater than the equipment of one foot rise for every 12 feet of length. Handrails shall be provided on both sides of the ramps.

iii. Shelter facilities serving primarily children with physical limitations or handicaps or having a unit serving such children shall comply with the New Jersey Barrier Free Subcode (N.J.A.C. 5:23-7).

(e) Shelter facilities shall ensure that fire protection requirements, including those for boiler and furnace separation, electrical fire alarm systems, emergency lighting, and exit signs conform to all applicable provisions of the NJUFC and NJUCC.

(f) All glass surfaces that are not safety glass and that are located in areas where there may be possible impact by the children shall have a protective guard.

(g) Electricity:

1. All electrical wiring and equipment shall comply with local or municipal requirements in effect at the time the structure first became a shelter facility and shall be maintained in operating condition.

2. Any new equipment and wiring installed in the shelter facility shall be in compliance with the Electrical Subcode of the UCC.

3. Upon request, the shelter facility shall provide the Office with a copy of an electrical inspection report based on an inspection conducted within the preceding 12 months. This report shall confirm that the electrical system is adequate and in compliance with the Electrical Subcode of the UCC.

4. Inspections as noted in (g)3 above, shall be performed by the local electrical subcode official, an approved service organization or a licensed electrical contractor.

(h) Lighting:

1. General requirements:

i. Natural or artificial light shall be provided in all areas;

ii. In classroom or study areas, there shall be at least 20 foot candles of light (artificial or natural). This illumination shall be measured three feet above the floor at the farthest point from the light source;

iii. Parking areas, pedestrian walkways or other exterior portions of the premises subject to use by occupants at night shall be illuminated.

2. Buildings having a capacity of greater than 12 children shall provide:

i. Illuminated exit signs; and

ii. An emergency lighting system for exit signs, stairways and corridors. This emergency lighting system shall be provided by emergency battery packs or an auxiliary generator and shall be kept in good working condition.

(i) Heating:

1. A minimum temperature of 65 degrees Fahrenheit shall be maintained in all rooms used by the children.

(j) Shelter facilities shall ensure that ventilation requirements conform to all applicable provisions of the NJUCC and the NJUFC.

(k) Plumbing:

1. All plumbing shall be in compliance with the provisions of the Plumbing Subcode of the UCC.

2. All plumbing shall be maintained in good operating and sanitary condition.

3. The temperature of tap water shall not exceed 110 degrees Fahrenheit.

(l) Bathroom and toilet facilities:

1. The shelter facility shall have at least one toilet, wash basin, and bathtub or shower for every six children above the age of two and one half years. These facilities shall not be located more than one floor from any bedroom or living area.

2. The handwashing facilities shall be located in or adjoining the toilet area.

3. All bathrooms shall include hot and cold running water, and a non-slip surface in the shower or bathtub.

4. Toilet accessories shall be provided in all bathroom and toilet facilities.

5. Mirrors, paper towel and toilet paper dispensers and other equipment shall be fastened securely.

(m) The shelter facility's kitchen and food preparation area shall meet the following requirements:

1. The cooking and kitchen facilities and equipment shall be kept clean and sanitary and be in compliance with provisions of the State Sanitary Code (N.J.A.C. 8:24).

2. The kitchen and food preparation areas shall be separate from areas used for any other purpose.

3. If the occupancy of the building is more than 12 children, or if commercial cooking equipment is used, the kitchen shall be separated by a one hour fire-rated enclosure that is equipped with a C-label (three quarter hour) fire-rated door with a self-closing device and positive latching.

(n) Any swimming areas used by children shall comply with the requirements pertaining to swimming areas, as specified in the New Jersey Youth Camp Safety Act Standards, N.J.A.C. 8:25-9.1.

(o) Asbestos:

1. Coatings containing asbestos shall not be sprayed on any interior or exterior surfaces of a building used as a shelter facility or on any equipment used therein, in accordance with regulations of the State Department of Environmental Protection, as specified in N.J.A.C. 7:27-17.2.

2. If sprayed-on asbestos-containing materials appear to be present in a shelter facility, the shelter facility shall have the material tested, through laboratory analysis, to determine the contents of the material. When test results reveal the presence of sprayed-on asbestos-containing materials, the shelter facility shall insure that it is removed from the building structures and premises, in a manner consistent with all Federal, State and local regulations and guidelines concerning asbestos removal.

(p) Maintenance and sanitation:

1. General: The indoor and outdoor areas of the shelter facility shall be maintained in a safe and sanitary manner and free from any hazards to the health and safety of the children.

2. Indoor maintenance and sanitation requirements:

i. Basements, cellars and crawl spaces shall be free of moisture resulting from water leaks or seepage.

ii. Floors, walls, ceilings and other surfaces shall be kept clean and in good repair. These areas shall be covered or treated when necessary, and no paint containing lead shall be used.

iii. Stairways shall be free of hazards such as toys, boxes, loose steps, uneven treads, torn carpeting, raised strips or risers that are not uniform.

iv. Garbage shall be removed from the interior of the building on a daily basis.

v. Receptacles for food waste disposal shall be noncorrosive, impervious, lined, leak proof and provided with tight fitting covers.

vi. The shelter facility shall arrange for an exterminator to take necessary action to protect the building from rodent, insect and related infestations. Such treatment shall be provided not less than once a year, and more frequently when there is evidence of infestation.

3. Outdoor maintenance and sanitation requirements:

i. The land, including the outdoor play area, shall be properly graded and provided with drains to dispose of surface water.

ii. The shelter facility shall fence or otherwise enclose with a natural barrier outdoor areas on its grounds that are within, adjacent to or near potential safety hazards, including, but not limited to, steep grades, cliffs, open pits, swimming pools, high voltage boosters, high speed roads or propane gas tanks.

iii. The building structure shall be maintained to prevent water from entering, excessive drafts or heat loss during inclement weather, and to provide protection against infestation from rodents, insects, etc.

iv. Railings of balconies, landings, porches or stairs shall be maintained in safe condition.

v. The shelter facility shall have non-corrosive garbage receptacles to accommodate its waste disposal needs located in an outdoor area and maintained in a sanitary manner.

(q) Shelter facilities caring for children six years of age or younger shall comply with the following lead paint standards:

1. Lead paint shall not be used on and shall be removed by the shelter facility from any interior or exterior surfaces, furniture, toys or other equipment used therein, in accordance with the provisions of Chapter 13 of the State Sanitary Code (N.J.A.C. 8:51-7.1 through 7.5).

2. When lead paint is found in areas of a shelter facility not specified under N.J.A.C. 8:51-7.1 through 7.5, the Office shall determine whether the lead paint is hazardous to the health, safety, and well-being of the children served and, if considered to be hazardous, the shelter facility shall remove the lead paint hazard.

N.J. Admin. Code § 3A:53-5.2

Notice of correction: (d)1ii(2) substitute "first" for "fire" and "fire" for "first"; in (d)2ii substitute "egress" for "degree"; in (d)4 substituted "or" for "of" and in (d)4iii substituted "Subcode" for "Design Regulations"; deleted "17:19A" and inserted "5:23-7"; in (q) substitute "age" for "are".
See: 20 N.J.R. 3169(d), 21 N.J.R. 162(b).
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 NJUCC and NJUFC, N.J.S.A. 52:27D-123.1 and N.J.S.A. 52:27D-213.
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.