N.J. Admin. Code § 5:27-1.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 5:27-1.9 - Exceptions and exemptions

(a) Pursuant to N.J.S.A. 55:13B-5(b), an owner may request an exception waiving, modifying or postponing the application of any regulation to any owner's rooming or boarding house.

(b) Requests for exceptions shall be made to the Chief of the Bureau, who shall have authority to approve or deny such requests in accordance with the standards set forth in N.J.S.A. 55:13B-5(b). Requests shall be made in triplicate upon forms to be supplied by the Bureau.

(c) A request for an exception shall be submitted within 30 days of the receipt by the owner of notice of the ruling, action or decisions at issue and no request submitted thereafter shall be considered unless the owner advised the Bureau of his desire to file an exception request within 15 days of his receipt of notice of filing, action or decision at issue and was unable to submit the application within the 30 day period allowed because of the Bureau's failure to provide him with the required forms in a timely manner. The Chief of the Bureau shall have authority to waive these time requirements when the interests of justice so require.

(d) Upon the request of a State agency which has a contractual relationship with the owner of a facility operated under a Class D license, the Bureau shall waive application of any regulation contained in subchapters six through eleven of this chapter, unless the Bureau finds that harm to residents or the public generally would thereby result.

(e) Owners and operators who have been issued Class E licenses are, with respect to drug or alcohol rehabilitation facilities owned or operated under such licenses, exempt from the following requirements of this chapter:

1.N.J.A.C. 5:27-1.6(i), with respect to creed only;

2.N.J.A.C. 5:27-1.7(a)5 through 8;

3.N.J.A.C. 5:27-3.1(a)1 through 4, 9, 13 and 14;

4.N.J.A.C. 5:27-3.2(d);

5.N.J.A.C. 5:27-3.3(c);

6.N.J.A.C. 5:27-3.4(b);

7.N.J.A.C. 5:27-3.10;

8.N.J.A.C. 5:27-8.1(b)2;

9.N.J.A.C. 5:27-8.2;

10.N.J.A.C. 5:27-8.3;

11.N.J.A.C. 5:27-8.4(a); and

12.N.J.A.C. 5:27-9.2(a).

(f) Owners and operators who have been issued Class F licenses for cooperative sober living residences are exempt from the following requirements of this chapter:

1.N.J.A.C. 5:27-3.2(d);

2.N.J.A.C. 5:27-3.3(a) through (c);

3.N.J.A.C. 5:27-3.4(c);

4.N.J.A.C. 5:27-3.5(a), with respect to certification by a medical professional, and 3.5(b) with regard to the responsibility for obtaining medical treatment;

5.N.J.A.C. 5:27-3.6;

6.N.J.A.C. 5:27-3.8(b);

7.N.J.A.C. 5:27-3.9(a)6 and 7; and

8.N.J.A.C. 5:27-5.1 through 13.7.

N.J. Admin. Code § 5:27-1.9

Amended by 50 N.J.R. 310(a), effective 1/16/2018