reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 17 - SURVEY PROCEDURES › Section 5:27A-17.1 - Scope and types of surveys

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department, or
				another State agency to which the Department has delegated the authority for conduct
				of surveys either partially or fully, may conduct periodic or special inspections of
				licensed residential health care facilities to evaluate the fitness and adequacy of
				the premises, equipment, personnel, policies and procedures, and finances, and to
				ascertain whether the facility complies with all applicable State and Federal
				licensure regulations and statutes.
(b)
				The Department or its designee may also conduct periodic surveys of facilities on
				behalf of the U.S. Department of Health and Human Services or other Federal agency
				for purposes of evaluating compliance with all applicable Federal regulations or
				Medicare and Medicaid certification regulations.
(c) The Department may evaluate all aspects of
				patient care, and operations of a residential health care facility, including the
				inspection of medical records; observation of patient care where consented to by the
				patient; inspection of all areas of the physical plant under the control or
				ownership of the licensee; and interview of the patient or resident, his or her
				family or other individuals with knowledge of the patient or care rendered to him or
				her.
(d) All information pertaining to
				an individual patient shall be maintained as confidential by the Department and
				shall not be available to the public in a manner that identifies an individual
				patient, unless so consented to by the patient or pursuant to an order by a court of
				law.
(e) The Department may conduct a
				survey of a facility upon the receipt of complaint or allegation by any person or
				agency, including a patient, his or her family, or any person with knowledge of the
				services rendered to patients or operations of a facility.
(f) The Department may evaluate the quality of
				patient care rendered by a facility through analysis of statistical data reported by
				facilities to the Department or other agency, or by review of reportable event
				information or other notices filed with the Department pursuant to regulation. Upon
				receipt of information indicating a potential risk to patient safety or violations
				of licensing regulations, the Department may conduct a survey to investigate the
				causes of this finding, or request a written response from the facility to ascertain
				the validity of the data and to describe the facility's plan or current actions to
				address the identified findings.
(g)
				Following a reasonable opportunity for facilities to review and comment on the
				validity of the Department's statistical data related to the quality of patient care
				by facilities, the Department may make such information, as appropriately amended
				available to the public.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 17 - SURVEY PROCEDURES › Section 5:27A-17.2 - Deficiency findings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A deficiency may be cited by the Department
				upon any single or multiple determination that the residential health care facility
				does not comply with a licensure regulation. Such findings may be made as the result
				of either an on-site survey or inspection or as the result of the evaluation of
				written reports or documentation submitted to the Department, or the omission or
				failure to act in a manner required by regulation.
(b) At the conclusion of a survey or within 10
				business days thereafter, the Department shall provide a facility with a written
				summary citing the rules as a basis to determine that a licensure violation has
				occurred.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 17 - SURVEY PROCEDURES › Section 5:27A-17.3 - Informal dispute resolution and administrative hearings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A residential health
				care facility may request an opportunity to discuss the accuracy of survey findings
				with representatives of the Department in the following circumstances during a
				survey:
1. During the course of a survey to the
				extent such discussion does not interfere with the surveyor's ability to obtain full
				and objective information and to complete required survey tasks; or
2. During the exit interview or other summation of
				survey findings prior to the conclusion of the survey.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 17 - SURVEY PROCEDURES › Section 5:27A-17.4 - Exceptions and extensions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				notice of the ruling, action, or decision at issue, an owner may request an
				extension of time to comply or an exception waiving or modifying the application of
				any rule pursuant to
N.J.S.A.
				26:2H-1
et seq.
(b) Requests for exceptions or extensions shall be
				made to the Chief of the Bureau of Rooming and Boarding House Standards, who shall
				have the authority to approve or deny such requests in accordance with the standards
				set forth in
N.J.S.A. 26:2H-1
et seq.
				Requests shall be made 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
				decision at issue. No request thereafter shall be considered, unless the owner
				advises the Bureau by mail or e-mail of his or her desire to file an exception
				request within 15 days of his or her receipt of notice of filing, action, or
				decision at issue and was unable to submit the application within the 30-day period
				allowed. The Chief of the Bureau shall have authority to waive these time
				requirements when the interests of justice so require.
(d) If the licensee finds an extension of time
				necessary to abate any violation, a letter shall be submitted not fewer than two
				weeks prior to the date of compliance. This letter shall include:
1. The violations abated to date;
2. The reason why each unabated violation cannot
				be corrected prior to the date of penalty; and
3. The date by which all violations can be
				abated.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.1 - Enforcement remedies available

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-13, 14, 15, 16 and 38, the
				Commissioner or his or her designee may impose the following enforcement remedies
				against a residential health care facility for violations of licensure regulations
				or other statutory requirements:
1. Civil monetary
				penalty;
2. Curtailment of
				admissions;
3. Appointment of a receiver
				or temporary manager;
4. Provisional
				license;
5. Suspension of a
				license;
6. Revocation of a
				license;
7. Order to Cease and Desist
				operation of an unlicensed residential health care facility; and
8. Other remedies for violations of statutes as
				provided by State or Federal law, or as authorized by Federal survey, certification,
				and enforcement regulations and agreements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.2 - Notice of violations and enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The Commissioner shall serve notice to a residential health care
				  facility of the proposed assessment of civil monetary penalties, suspension or
				  revocation of a license, or placement on a provisional license, setting forth the
				  specific violations, charges, or reasons for the action. Such notice shall be served
				  on a licensee or its registered agent or a bona fide employee of the licensee,
				  corporation, or company, or a person above the age of 14 at the licensee's dwelling
				  in person or by certified mail.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.3 - Effective date of enforcement actions

Current through Register Vol. 56, No. 14, July 15, 2024
The assessment of civil monetary penalties, or revocation of a
				  license, or the placement of a license on provisional status shall become effective
				  30 days after the date of mailing or the date personally served on a licensee,
				  unless the licensee shall file with the Department a written answer to the charges
				  and give written notice to the Department of its desire for a hearing in which case
				  the assessment, suspension, revocation or placement on provisional license status
				  shall be held in abeyance until the administrative hearing has been concluded and a
				  final decision is rendered by the Commissioner. Hearings shall be conducted in
				  accordance with 8:43E-4.1.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.4 - Civil monetary penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
N.J.S.A.
				26:2H-13
and 14, the Commissioner may
				assess a penalty for violation of licensure rules in accordance with the following
				standards:
1. For operation of a residential health
				care facility without a license, or continued operation of a residential health care
				facility after suspension or revocation of a license, $ 1,000 per day from the date
				of initiation of services;
2. For
				violation of an order for curtailment of admissions, $ 250.00 per patient, per day
				from the date of such admission to the date of discharge or lifting of the
				curtailment order;
3. For failure to
				obtain prior approval from the DCA Residential Health Care Licensure Program for
				occupancy of an area or initiation of a service following construction or
				application for licensure, $ 250.00 a day;
4. For construction or renovation of a residential
				health care facility without the Department's approval of construction plans, $
				1,000 per room or area renovated and immediate suspension of use in the room or area
				from the date of initial use until determined by the Department to be in compliance
				with licensure standards. This determination shall take into account any waivers
				granted by the Department;
5. For the
				transfer of ownership of a residential health care facility without prior approval
				of the Department, $ 500.00 per day from the date of the transfer of interest to the
				date of discovery by the Department. Such fine may be assessed against each of the
				parties at interest;
6. For maintaining
				or admitting more patients or residents to a residential health care facility than
				the maximum capacity permitted under the license, $ 25.00 per patient per day plus
				an amount equal to the average daily charge collected from such patient or
				patients;
7. For all violations of
				licensure regulations related to patient care or physical plant standards, a penalty
				up to the statutory maximum of $ 5,000 may be assessed.
8. For failure to report information to the
				Department as required by statute or licensing regulation, after reasonable notice
				and an opportunity to cure the violation, $ 250.00 per day; and
9. For violations of rules governing the
				prohibition of mandatory overtime contained in N.J.A.C. 8:43E-8, $ 1,000 per
				violation, which may be assessed for each day noncompliance is found.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.5 - Failure to pay a penalty; remedies

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30 days after
				the mailing date of a Notice of Proposed Assessment of a Penalty, a residential
				health care facility which intends to challenge the enforcement action shall notify
				the Department of its intent to request a hearing pursuant to the Administrative
				Procedure Act.
(b) The penalty becomes
				due and owing upon the 30th day from mailing of the Notice of Proposed Assessment of
				Penalties, if a notice requesting a hearing has not been received by the Department.
				If a hearing has been requested, the penalty is due 45 days after the issuance of a
				Final Agency Decision by the Commissioner, if the Department's assessment has not
				been withdrawn, rescinded, or reversed, and an appeal has not been timely filed with
				the New Jersey Superior Court, Appellate Division pursuant to New Jersey Court Rule
				2:2-3.
(c) Failure to pay a penalty
				within 30 days of the date it is due and owing pursuant to (b) above may result in
				one or more of the following actions:
1.
				Institution of a summary civil proceeding by the State pursuant to the Penalty
				Enforcement Law (N.J.S.A. 2A:58-1 et seq.); or
2. Placing the facility on a provisional license
				status.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.6 - Curtailment of admissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may
				issue an order curtailing all new admissions and readmissions to a residential
				health care facility in the following circumstances:
1. Where violations of licensing regulations are
				found that have been determined to pose an immediate and serious threat of harm to
				patients or residents of a residential health care facility;
2. Where the Department has issued a Notice of
				Proposed Revocation or Suspension of a residential health care facility license, for
				the purpose of limiting the census of a facility if patients or residents must be
				relocated upon closure; or
3. Where the
				admission or readmission of new patients or residents to a residential health care
				facility would impair the facility's ability to correct serious or widespread
				violations of licensing regulations related to direct patient care and cause a
				diminution in the quality of care.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.7 - Appointment of a receiver

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-42 et seq., the Department may
				seek an order or judgment in a court of competent jurisdiction, directing the
				appointment of a receiver for the purpose of remedying a condition or conditions in
				a residential health care facility that represent a substantial or habitual
				violation of the standards of health, safety, or resident care adopted by the
				Department or pursuant to Federal law or regulation.
(b) The Department shall review and approve the
				receiver's qualifications prior to submission for court approval. The receiver shall
				have experience and training in residential health care. The Department shall
				maintain a list of interested and approved receivers.
(c) No receiver may be a current owner, licensee,
				or administrator of the subject residential health care facility or a spouse or
				immediate family member thereof.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.8 - Suspension of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-14, the Commissioner may order
				the summary suspension of a license of a residential health care facility or a
				component or distinct part of a facility upon a finding that violations pertaining
				to the care of patients or to the hazardous or unsafe conditions of the physical
				structure pose an immediate threat to the health, safety, and welfare of the public
				or the residents of the facility.
(b)
				Upon a finding described in (a) above, the Commissioner or the Commissioner's
				authorized representative shall serve notice in person or by certified mail to the
				residential health care facility or its registered agent of the nature of the
				findings and violations and the proposed order of suspension. Except in the case of
				a life-threatening emergency, the notice shall provide the facility with a 72-hour
				period from receipt to correct the violations and provide proof to the Department of
				such correction.
(c) If the Department
				determines the violations have not been corrected, and the residential health care
				facility has not filed notice requesting a hearing to contest the notice of
				suspension within 48 hours of receipt of the Commissioner's notice pursuant to (e)
				below, then the license shall be deemed suspended. Upon the effective date of the
				suspension, the facility shall cease and desist the provision of health care
				services and effect an orderly transfer of patients.
(d) The Department shall approve and coordinate
				the process to be followed during an evacuation of the residential health care
				facility or cessation of services pursuant to an order for suspension or
				revocation.
(e) If the residential
				health care facility requests a hearing within 48 hours of receipt of the Notice of
				Proposed Suspension of License in accordance with
				26:2H-14, the Department shall arrange
				for an immediate hearing to be conducted by the Commissioner and a final agency
				decision shall be issued within 48 hours by the Commissioner. If the Commissioner
				shall affirm the proposed suspension of the license, the order shall become final.
				The licensee may apply for injunctive relief against the Commissioner's order in the
				New Jersey Superior Court, in accordance with the provisions set forth in
				26:2H-14.
(f) Notwithstanding the issuance of an order for
				proposed suspension of a license, the Department may concurrently or subsequently
				impose other enforcement actions pursuant to these rules.
(g) The Department may rescind the order for
				suspension upon a finding that the residential health care facility has corrected
				the conditions which were the basis for the action.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.9 - Revocation of a license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A Notice of the
				Proposed Revocation of a residential health care facility license may be issued in
				the following circumstances:
1. The facility has
				failed to comply with licensing requirements, posing an immediate and serious risk
				of harm or actual harm to the health, safety, and welfare of patients or residents,
				and the facility has not corrected such violations in accordance with an approved
				plan of correction or subsequent to imposition of other enforcement remedies issued
				pursuant to these rules;
2. The facility
				has exhibited a pattern and practice of violating licensing requirements, posing a
				serious risk of harm to the health, safety and welfare of residents or patients. A
				pattern and practice may be demonstrated by the repeated violation of identical or
				substantially-related licensing regulations during three consecutive surveys, or the
				issuance of civil monetary penalties pursuant to
				5:27A-18.4 or other enforcement actions
				for unrelated violations on three or more consecutive surveys;
3. Failure of a licensee to correct identified
				violations which had led to the issuance of an order for suspension of a license,
				pursuant to 5:27A-3.6 or 3.8; or
4. Continuance of a facility on provisional
				licensure status for a period of 12 months or more.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.10 - Provisional license

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department may place a residential health
				care facility on provisional license status in the following circumstances:
1. Upon issuance of a Notice for Revocation or
				Suspension of a License, pursuant to
				5:27A-18.8 or 18.9, for a period
				extending through final adjudication of the action;
2. Upon issuance of an order for curtailment of
				admissions pursuant to
				5:27A-18.6, for a minimum period of
				three months and for a maximum period extending through 90 days following the date
				the Department finds the facility has achieved substantial compliance with all
				applicable licensing regulations;
3. For
				failure to satisfy a civil penalty due and owing pursuant to
				5:27A-18.4; or
4. Upon a recommendation to the Federal government
				or the New Jersey Division of Medical Assistance and Health Services for termination
				of a provider agreement for failure to meet the Federal certification
				regulations.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 18 - ENFORCEMENT REMEDIES › Section 5:27A-18.11 - Cease and desist order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				26:2H-14 and 15, the Commissioner or
				his or her designee may issue an order requiring the operation of an unlicensed or
				unauthorized residential health care facility or service to cease and
				desist.
(b) The Commissioner may also
				impose other enforcement actions pursuant to these rules for operation of an
				unlicensed health care facility.
(c) The
				Department may maintain an action in the New Jersey Superior Court to enjoin any
				entity from operation of a health care facility without a license or after the
				suspension or revocation of a license pursuant to these rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Subchapter 19 - CARBON MONOXIDE DETECTION EQUIPMENT › Section 5:27A-19.1 - Carbon monoxide detection equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Carbon
				monoxide alarms shall be installed and maintained in full operating condition in the
				following locations:
1. Single station carbon
				monoxide alarms shall be installed and maintained in the immediate vicinity of every
				sleeping room in buildings that contain a fuel-burning appliance or that have an
				attached garage.
i. As an alternative to (a)1
				above, carbon monoxide detection equipment may be installed in the locations
				specified in the Uniform Construction Code,
N.J.A.C. 5:23
, or the
				Uniform Fire Code,
N.J.A.C. 5:70-4.9
,
				with the approval of the Department.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 27A - STANDARDS FOR LICENSURE OF RESIDENTIAL HEALTH CARE FACILITIES NOT LOCATED WITH, AND OPERATED BY, LICENSED HEALTH CARE FACILITIES › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
RESIDENTIAL HEALTH CARE FACILITIES GUIDELINES FOR INAPPROPRIATE
				BEHAVIOR AND RESIDENT TO RESIDENT ABUSE
I.
			 Upon admission, the initial resident assessment, MDS 2.0 or approved equivalent,
			 should include a psycho-social behavior component. If interventions to address
			 identified behavior issues are appropriate, these should be incorporated into the
			 care plan. A reassessment should be completed at least annually, or at any time when
			 a resident's pattern of behavior changes. The resident's response to interventions
			 should be recorded in documentation established by the health maintenance and
			 monitoring service.
II. Inappropriate
			 behavior and/or actions should trigger an immediate reassessment with adjusted
			 interventions. The facility should notify the physician, advanced practice nurse or
			 physician assistant and the designated resident representative of the incidents or
			 behaviors. The resident's response should be documented. The facility's actions
			 and/or interventions in response to behavior changes should also be part of the plan
			 of care and should be documented to ensure implementation. Prompt reassessment of
			 behavioral changes will in most cases avert the continued progression of
			 inappropriate behavior.
III.
			 Inappropriate behavior and/or actions involving other residents must be identified
			 in the records of all involved residents, including their assessments, any
			 interventions, and the resident's responses. If the physician, advanced practice
			 nurse or physician assistant and designated resident representatives were notified,
			 this must be documented in the records of all involved residents.
IV. Incidents of inappropriate behavior or actions
			 of abuse between residents should result in the following actions, as applicable:
A. Notification of the health maintenance and
			 monitoring nurse or the physician, advanced practice nurse or physician assistant
			 who will determine if the resident should be transferred or whether an immediate
			 assessment will be done.
B.
			 Documentation of interventions and responses of residents.
C. Notification of residents' designated
			 representatives.
D. Protection of
			 involved residents' civil and constitutional rights.
E. Determination by the administrator of the
			 facility's ability to assure safety while working toward resolution.
F. Implementation of emergency or short-term
			 precautions to assure safety while working toward resolution.
G. Notification of police, if necessary.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall constitute the standards
				  to guide the Public Officer or his agents in determining the fitness of a building
				  for human habitation, use, or occupancy.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.3 - Water supply

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every dwelling unit
				and lodging house shall be provided with a safe supply of potable water meeting the
				standards as set forth in the New Jersey Safe Drinking Water Act regulations
				(N.J.A.C. 7:10-1 et seq.) published by the New Jersey Department of Environmental
				Protection.
(b) The source of such water
				supply shall be approved by the New Jersey Department of Environmental Protection
				and/or the local health agency.
(c) The
				minimum rate of flow of hot or cold water issuing from a faucet or fixture shall not
				be less than one gallon per minute.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.4 - Facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every dwelling unit
				shall contain a kitchen sink of nonabsorbent impervious material, at least one flush
				type water closet, a lavatory, and a bathtub or shower, available only for the use
				of occupants of that dwelling unit.
(b)
				Every lodging house shall be provided with a minimum of one flush type water closet,
				lavatory, and a bathtub or shower for every eight persons or part thereof.
(c) Every water closet, lavatory, and bathtub or
				shower for each dwelling unit or lodging house shall be accessible from within the
				building without passing through any part of any other dwelling unit or lodging unit
				and in a lodging house shall be located no farther than one floor above or below the
				lodging units served. Such water closet, lavatory and bathtub or shower shall be
				contained in a room or rooms which are separated from all other rooms by walls,
				doors, or partitions that afford privacy.
(d) Every plumbing fixture shall be connected to
				water and sewer systems approved by the New Jersey Department of Environmental
				Protection and/or the local health agency, and shall be maintained in good working
				condition.
(e) Every kitchen sink,
				lavatory, and bathtub or shower required by this chapter shall be connected to both
				hot and cold water lines.
(f) Every
				dwelling shall have water heating facilities which are installed and maintained in
				good and safe working condition, connected with the hot water lines required under
				the provisions of (e) above, and capable of delivering water at a minimum
				temperature of not less than 120 degrees Fahrenheit and at a maximum temperature of
				not more than 140 degrees Fahrenheit at all times in accordance with anticipated
				need.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.5 - Garbage and rubbish storage

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Garbage or other
				organic waste shall be stored in watertight receptacles of metal or other approved
				material. Such receptacles shall be provided with tight fitting covers. At least one
				approved type garbage receptacle shall be provided for each dwelling unit, in
				accordance with 5:28-1.12(i).
(b) Rubbish shall be stored in receptacles of
				metal or other approved material. At least one rubbish receptacle shall be provided
				for each dwelling unit, in accordance with
				5:28-1.12(i).
(c) Rubbish that does not include materials
				determined by local ordinance to be recyclable may be stored together with garbage
				in an approved type garbage receptacle, unless otherwise provided by ordinance.
				Recyclable materials shall be stored separately from non-recyclable
				materials.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.6 - Lighting

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every habitable room
				shall have at least one window or skylight facing directly to the outdoors. The
				minimum total window or skylight area measured between stops, for every habitable
				room shall be eight percent of the floor area of such room. Whenever walls or other
				portions of structures face a window of any habitable room and are located less than
				three feet from the window and extended to a level above that of the ceiling of the
				room, such a window shall not be included in calculating the required minimal total
				window area.
(b) Every dwelling shall be
				provided with electric service.
(c)
				Every habitable room shall contain at least two separate wall type electric
				convenience outlets, or one such convenience outlet and one ceiling or wall type
				electric light fixture. Every such outlet and fixture shall be maintained in good
				and safe condition, and shall be connected to the source of electric power. No
				temporary wiring shall be used except extension cords which run directly from
				portable electric fixtures to convenience outlets, and which do not lie under rugs
				or other floor coverings nor extend through doorways, transoms, or other openings
				through structural elements.
(d) Every
				portion of each staircase, hall, cellar, basement landing furnace room, utility
				room, and all similar non-habitable space located in a dwelling shall have either
				natural or artificial light available at all times, with an illumination of at least
				two lumens per square foot (two foot-candles) in the darkest portions.
(e) Every portion of any interior or exterior
				passageway or staircase common to two or more families in a dwelling shall be
				illuminated naturally or artificially at all times with an illumination of at least
				two lumens per square foot (2 foot-candles) in the darkest portion of the normally
				traveled stairs and passageways. In dwellings comprising two dwelling units such
				illumination shall not be required at all times if separate switches, convenient and
				readily accessible to each dwelling unit, are provided for the control of such
				artificial light by the occupants thereof.
(f) Every bathroom and water closet compartment
				shall have either natural or artificial light available at all times, with an
				illumination of at least three lumens per square foot (three foot-candles). Such
				light shall be measured 36 inches from the floor at the center of the room.
				Artificial lighting shall be controlled by a wall switch so located as to avoid
				danger of electrical hazards.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.7 - Ventilation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Means of ventilation
				shall be provided for every habitable room. Such ventilation may be provided either
				by an easily operable window or skylight having an openable area of at least 50
				percent of the minimum window area or minimum skylight area as required in
				5:28-1.6(a), or by
				other means acceptable to the Administrative Authority which will provide at least
				two air changes per hour.
(b) Means of
				ventilation shall be provided for every bathroom or water closet compartment. Such
				ventilation may be provided either by an easily operable window or skylight having
				an openable area of at least 50 percent of the minimum window area or minimum
				skylight area as required in
				5:28-1.6(a), or by
				other means acceptable to the Administrative Authority which will provide at least
				six air changes per hour.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.8 - Heating equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every dwelling shall
				have heating facilities which are properly installed, maintained in good and safe
				working condition, and are capable of safely and adequately heating all habitable
				rooms, bathrooms, and water closet compartments located therein to a temperature of
				at least 68 degrees Fahrenheit when the outside temperature is zero degrees
				Fahrenheit. The temperature shall be read at a height of three feet above floor
				level at the center of the room.
(b)
				Every space heater, except electrical, shall be properly vented to a chimney or duct
				leading to outdoors, unless the appliance is labeled as having been tested and
				approved for unvented operation, in compliance with the State Uniform Construction
				Code. Unvented portable space heaters that burn solid, liquid, or gaseous fuels
				shall be prohibited.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.9 - Egress

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every dwelling,
				dwelling unit, or lodging unit shall have safe and unobstructed means of egress.
				Such means of egress shall not be through any other dwelling unit or part thereof
				and shall lead to a safe and open space at ground level accessible to a
				street.
(b) A room used for sleeping
				purposes under the provisions of
				5:28-1.11(d)  shall be
				provided with a safe and unobstructed means of egress leading directly to an outside
				area accessible to a street.
(c) There
				shall be not fewer than two independent exits remote from each other from every
				floor of a building greater than two stories in height having more than two dwelling
				and/or lodging units.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.10 - Maintenance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every foundation,
				floor, wall, ceiling, door, window, roof, or other part of a building shall be kept
				in good repair and capable of the use intended by its design, and any exterior part
				or parts thereof subject to corrosion or deterioration shall be kept well
				painted.
(b) Every inside and outside
				stairway, every porch, and every appurtenance thereto shall be so constructed as to
				be safe to use and capable of supporting the load that normal use may cause to be
				placed thereon, and shall be kept in sound condition and good repair. Every stairway
				having three or more steps shall be properly banistered and safely
				balustraded.
(c) Every porch, balcony,
				roof, and/or similar place higher than 30 inches above the ground, used for egress
				or for use by occupants shall be provided with adequate railings or parapets. Such
				protective railings or parapets shall be properly balustraded and be not less than
				three feet in height.
(d) Every roof,
				wall, window, exterior door, and hatchway shall be free from holes or leaks that
				would permit the entrance of water within a dwelling or be a cause of
				dampness.
(e) Every foundation, floor,
				and wall of a dwelling shall be free from chronic dampness.
(f) Every dwelling shall be free from rodents,
				vermin and insects. Rodent or vermin extermination and rodent proofing and vermin
				proofing may be required by the local health agency. Rodent and vermin extermination
				shall be carried out in accordance with
				5:28-1.12(k). Every
				openable window, exterior door, skylight, and other opening to the outdoors shall be
				supplied with properly fitting screens in good repair from May 1st until October 1st
				of each year. Such screens shall have a mesh of not less than No. 16.
(g) Every building, dwelling, dwelling unit and
				all other areas of the premises shall be clean and free from garbage or rubbish and
				hazards to safety. Lawns, hedges and bushes shall be kept trimmed and shall not be
				permitted to become overgrown and unsightly. Fences shall be kept in good
				repair.
(h) The Public Officer may order
				the owner to clean, repair, paint, whitewash, or paper such walls or ceilings, when
				a wall or ceiling within a dwelling has deteriorated so as to provide a harborage
				for rodents or vermin, or when such a wall or ceiling has become stained or soiled,
				or the plaster, wallboard, or other covering has become loose or badly cracked or
				missing. Nothing in this subsection shall be so construed as to place upon the
				nonresident owner responsibilities for cleanliness contained in
				5:28-1.12(f).
(i) Every water closet compartment floor and
				bathroom floor shall be so constructed and maintained as to be reasonably impervious
				to water so as to permit such floor to be kept in a clean condition.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.11 - Use and occupancy of space

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every dwelling unit
				shall contain at least 150 square feet of floor space for the first occupant thereof
				and at least 100 additional square feet of floor space for every additional occupant
				thereof, the floor space to be calculated on the base of total habitable room
				area.
(b) Every room occupied for
				sleeping purposes by one occupant shall contain at least 70 square feet of floor
				space, and every room occupied for sleeping purposes by more than one occupant shall
				contain at least 50 square feet of floor space for each occupant thereof.
(c) At least one-half of the floor area of every
				habitable room shall have a ceiling height of at least seven feet. The floor area of
				that part of any room where the ceiling is less than five feet shall not be
				considered as part of the floor area in computing the total floor area in the room
				for the purpose of determining the maximum permissible occupancy thereof.
(d) A room located in whole or in part below the
				level of the ground may be used for sleeping provided that the walls and floors
				thereof in contact with the earth have been damp-proofed in accordance with a method
				approved by the Administrative Authority; and provided that all requirements
				otherwise applicable to habitable rooms generally are satisfied.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 1 - STANDARDS OF HABITABILITY › Section 5:28-1.13 - Conflict of ordinances

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in this chapter shall be construed to abrogate or impair
				  the powers of any department of this municipality or any agency of the State of New
				  Jersey to enforce any provisions of its charter or its ordinances, codes,
				  regulations or statutory provisions or to prevent or punish violations thereof.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 2 - LEAD HAZARD PREVENTION › Section 5:28-2.1 - Lead-safe maintenance requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each tenant-occupied
				residential building constructed before 1978 shall be subject to the requirements
				for lead-safe maintenance contained in this section. All such buildings shall
				undergo a combined inspection and risk assessment, and lead hazard control work in
				accordance with (b) below or shall comply with the requirements for standard
				treatments contained in (c) below. Following the performance of lead hazard control
				work or standard treatments, all buildings shall be subject to the requirements for
				on-going evaluation and maintenance contained in (d) below.
1. The requirements of this section shall not
				apply to:
i. Buildings, dwelling units or common
				areas that have been certified to be free of lead-based paint in accordance with
				N.J.A.C. 5:17;
ii. A seasonal rental
				unit which is rented for less than six months' duration each year; or
iii. A dwelling unit that has been certified as
				having a lead-free interior in accordance with N.J.A.C. 5:17.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 2 - LEAD HAZARD PREVENTION › Appendix 2-A

Current through Register Vol. 56, No. 14, July 15, 2024
INTERIM CONTROLS
(New Jersey Requirements Added in Italics)
U.S. Department of Housing and Urban Development
24
				  CFR 35.1330, Interim controls
35.1330 Interim controls
Interim controls of lead-based paint hazards identified in a risk
				  assessment shall be conducted in accordance with the provisions of this section.
				  Interim control measures include paint stabilization of deteriorated paint,
				  treatments for friction and impact surfaces where levels of lead dust are above the
				  levels specified. (See
				  5:17-3.5, Lead hazards.) Interim
				  controls may be performed in combination with, or be replaced by, abatement
				  methods.
(a) General requirements
(1) Only those interim control methods identified
				as acceptable methods in a current risk assessment report shall be used to control
				identified hazards.
(2) Occupants of
				dwelling units where interim controls are being performed shall be protected during
				the course of the work in accordance with 35.1345. (See N.J.A.C. 5:28-2 Appendix
				2-B, Occupant protection and worksite preparation.)
(3) Testing shall be performed at the conclusion
				of interim control activities in accordance with N.J.A.C. 5:17.
(4) A person performing interim controls must be
				trained in accordance with
				5:28-2.1(g) 
				(training).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 28 - NEW JERSEY STATE HOUSING CODE › Subchapter 2 - LEAD HAZARD PREVENTION › Appendix 2-B

Current through Register Vol. 56, No. 14, July 15, 2024
OCCUPANT PROTECTION AND WORKSITE PREPARATION
(New Jersey Requirements Added in Italics)
U.S. Department of Housing and Urban Development
24 CFR
				  35.1345, Occupant protection and worksite
				  preparation
24 CFR
				  35.1345 Occupant protection and worksite
				  preparation
This section establishes procedures for protecting dwelling unit
				  occupants and the environment from contamination from lead-contaminated or
				  lead-containing materials during hazard reduction activities.
(a) Occupant protection
(1) Occupants shall not be permitted to enter the
				worksite during hazard reduction activities until after hazard reduction work has
				been completed and clearance, if required, has been achieved.
(2) Occupants shall be temporarily relocated
				before and during hazard reduction activities to a suitable, decent, safe, and
				similarly accessible dwelling unit that does not have lead-based paint hazards,
				except if:
(i) Treatment will not disturb
				lead-based paint, dust-lead hazards or soil-lead hazards;
(ii) Only the exterior of the dwelling unit is
				treated, and windows, doors, ventilation intakes and other openings in or near the
				worksite are sealed during hazard control work and cleaned afterward, and entry free
				of dust-lead hazards, soil-lead hazards, and debris is provided;
(iii) Treatment of the interior will be completed
				within one period of eight daytime hours, the worksite is contained so as to prevent
				the release of leaded dust and debris into other areas, and treatment does not
				create other safety, health or environmental hazards (e.g., exposed live electrical
				wiring, release of toxic fumes, or on-site disposal of hazardous waste);
				or
(iv) Treatment of the interior
				entails work such that, at the conclusion of each workday, the worksite can be
				contained and cleaned to remove any visible dust or debris, and safe access to the
				bathroom and sleeping areas can be provided.
(3) The dwelling unit and the worksite shall be
				secured against unauthorized entry, and occupants' belongings protected from
				contamination by dust-lead hazards and debris during hazard reduction activities.
				Occupants' belongings in the containment area shall be relocated to a safe and
				secure area outside the containment area, or covered with an impermeable covering
				with all seams and edges taped or otherwise sealed.