N.J. Admin. Code § 3A:52-1.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 3A:52-1.1 - Legal authority

(a) This chapter is promulgated pursuant to the Child Care Center Licensing Act, N.J.S.A. 30:5B-1 et seq.

(b) Under the laws specified in (a) above, the Department of Children and Families is authorized to:

1. License certain public and private child care centers that are maintained for the care, development or supervision of six or more children under 13 years of age for less than 24 hours a day;

2. Inspect and examine the physical plant or facilities, including, but not limited to, storage areas and additional floor levels, and program of a child care center without delay or an escort, and inspect all documents, records, files, or other data maintained pursuant to the above-referenced law during the center's normal operating hours and without prior notice; and

3. Request the appropriate State and local fire, health and building officials to conduct examinations and inspections to determine a center's compliance with State and local ordinances, codes and regulations. The inspections shall be conducted and the results reported to the Department within 60 days after the request.

(c) Under the laws specified in (a) above, the Department of Children and Families is authorized to issue a Certificate of Life/Safety Approval to a center that:

1. Operates on a seasonal or short-term basis for eight weeks or less and does not offer a continuous program that extends across the three-year period of licensure; or

2. Was operating on or before May 16, 1984 and was exempt from the licensing provisions because it was operated by an aid society of a properly organized and accredited church.

(d) Centers specified in (c)1 and 2 above are required to comply with the physical facility; life/safety; administration and control of medication; environmental sanitation; supervision, minimum staffing, and discipline requirements; and communicable disease reporting provisions of this chapter. Centers with Certificates of Life/Safety Approval may secure regular licenses on a voluntary basis, as long as they comply with all provisions of this chapter.

(e) To be eligible for a license, a center shall demonstrate to the satisfaction of the Department of Children and Families, or the duly authorized agency, that the center complies with all applicable provisions of this chapter.

(f) All applicable requirements shall be met by all child care centers, unless the rules are specified as "for early childhood programs" or "for school-age child care programs."

(g) Responsibility for ensuring that centers comply with the provisions of the laws cited in (a) above and with provisions of this chapter is hereby delegated by the Department of Children and Families to the Office of Licensing.

(h) When a person intends to care for six or more children under 13 years of age, he or she shall apply for and secure from the Office of Licensing a license to operate a child care center. Once licensed, the center is subject to all applicable provisions of this chapter, even if the number or ages of the children attending the center at a particular time should fall outside the definition of a center, as specified in N.J.A.C. 3A:52-1.2(a).

(i) The Office cannot complete initial program inspections unless six or more children are present at the center.

N.J. Admin. Code § 3A:52-1.1

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

Amended by 49 N.J.R. 413(a), effective 3/6/2017