New Jersey Administrative Code › Title 3A - CHILDREN AND FAMILIES › Chapter 53 - MANUAL OF STANDARDS FOR CHILDREN'S SHELTER FACILITIES AND SHELTER HOMES › Subchapter 5 - PHYSICAL FACILITY AND LIFE-SAFETY REQUIREMENTS › Section 3A:53-5.1 - Local government physical facility requirements for shelter facilities and shelter homes

Current through Register Vol. 56, No. 14, July 15, 2024
(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.