SUMMARY OF NEW REQUIREMENTS FOR CHILD CARE CENTERS AND SCHOOLS
Emergency Regulations adopted October 17, 2006 for Child Care Centers
On October 17, 2006, the Department of Children and Families issued emergency amendments to existing regulations for the licensing of child care facilities in response to the Kiddie Kollege child care center that operated for two years on a former mercury thermometer facility in Gloucester County, New Jersey.
These regulations require applicants for new child care centers and those seeking to renew their licenses to certify that the building housing the child care center was not previously used as a nail salon, dry cleaner or other factory or industrial establishment (classified under the Uniform Construction Code as Group F – factory/industrial; Group H – high hazard; Group S – storage; and, Group B – dry cleaners or nail salons).
If the building houses one of the above-identified uses, the facility operator must certify in writing to the Office of Licensing that: (1) the site complies with current NJDEP soil remediation guidelines/requirements; (2) the facility operator has contacted the Department of Health and Senior Services (DHSS) and the NJDEP regarding indoor environmental conditions to determine what further steps/corrective actions, if any, need to be taken to address the risks associated with the prior historical use, and (3) the facility has complied will all corrective actions required by NJDEP and DHSS.
In addition, the facility operator must certify that the child care center provides a potable water supply provided by a public community water system. If the facility is not on a public water supply system, the applicant must provide potable water sampling results that demonstrate compliance with Maximum Contaminant Levels (MCLs) for all contaminants required for Non-Transient, Non-Community (NTNC) water systems. Sampling must be conducted within 3 years of the application submission, except nitrates and coliform, which must have been conducted within 90 days of submitting the application.
The applicant/facility operator must also certify in writing that the child care center complies with all existing Department of Children and Families regulatory requirements for child care centers.
Effective January 1, 2007, the Office of Licensing will not issue any licenses or renewals to child care centers that are co-located in a building that contains a dry cleaner or nail salon unless the applicant obtains indoor air sampling that demonstrates that there is no impact to the child care center.
Effective June 1, 2007, the facility operator must submit a NJDEP No Further Action Letter for the site to the Office of Licensing at the time of the initial application, renewal or relocation of an existing facility.
New NJDEP Soil Sampling Guidelines Dated October 20, 2006 for Child Care Centers
Soil sampling is required in play areas at child care centers where there is direct contact with soil or where the potential for direct contact with soil exists. Sampling locations shall include areas of exposed soil, vegetative coverage or mulch cover. Soil sampling will not be required where impervious cover such as asphalt, concrete or rubberized mat surfaces are present. Sampling locations must be biased to areas where the expected activities provide the greatest potential for direct contact, such as under swing sets and other playground equipment.
All soil samples must be taken from the surficial 0-6” depth interval, excluding vegetative and mulch cover. All active play areas that are not fully covered by an impervious surface will require a minimum of one (1) soil sample. If the active play area exceeds an area of 2,500 sq ft, additional samples will be taken at a rate of one (1) sample per 2,500 sq ft.
All samples must be collected in accordance with the NJDEP Field Sampling Procedures Manual and analyzed for Target Analyte List (TAL) Metals and Target Compound List (TCL) +30 (or Priority Pollutant List (PP) +40) in accordance with the Technical Requirements for Site Remediation (N.J.A.C. 7:26E et seq.). All sampling results shall be compared against the Residential Direct Contact Soil Cleanup Criteria (RDCSCC). Hexavalent chromium results shall be compared against the Soil Cleanup Criterion of 20 mg/kg.
New Law Associated with Senate Bill 2261 Signed on January 11, 2007 for Child Care Centers and Schools
On January 11, 2007, Senate Bill 2261 was signed into law by Governor Corzine (New law citation pending) that requires the Department of Health and Senior Services (DHSS) to adopt rules and regulations within 12 months applicable to all licensed child care centers and public/private schools to (1) establish procedures for the evaluation and assessment of building interiors, (2) establish maximum contaminant level (standards) for building interiors, and (3) require submission of documentation regarding the completion of any required investigation and remediation as a condition of issuing a construction permit and certificate of occupancy.
The law also directs the DHSS to issue a certification that the building interior is safe for use as a child care center or for educational purposes (public or private school) once the applicant demonstrates compliance with all of these new requirements for the evaluation/remediation of the building interior. This law also provides for penalties to be assessed for non-compliance. Lastly, the law includes amendments to the Industrial Site Recovery Act (ISRA).
More specifically, no construction permits shall be issued for the reconstruction, alteration, conversion or repair of any building or structure to be used as child care center or school if the building or structure (1) was previously used for industrial, storage, or high hazard purposes, nail salon, dry cleaning facility or gasoline station, (2) is located on a contaminated site or a site that is suspected to have contamination, or (3) is a site that is subject to the provisions of ISRA, except upon the facility’s submission of the required new certification to be issued by the DHSS. However, a construction permit may be issued for specific activities necessary to remediate the site or to develop the remediation plan. Additionally, no certificate of occupancy will be issued until the new DHSS certification is obtained.
A construction permit may be issued if the applicant submits to the construction official documentation that the NJDEP has approved a remedial action work plan for the entire site, or that the site has been remediated and a No Further Action Letter has been issued by NJDEP. Again, no certificate of occupancy will be issued for the child care center or school until the new DHSS certification is obtained (i.e., a No Further Action Letter is obtained from NJDEP).
The ISRA law was also amended as follows:
The owner/operator of an industrial establishment planning to close operations or transfer ownership or operations shall provide all ISRA initial notice information required by the NJDEP to the clerk of the municipality in which the industrial establishment is located at the same time the information is submitted to the NJDEP.
In addition, the owner/operator shall also provide written notification to the clerk of the municipality that, upon written request, the municipality may receive a copy of the proposed negative declaration or proposed remedial action work plan or other information submitted to the DEP (within 5 days of the clerk’s request).
For more information or questions regarding this information, please contact Mark Fisher or Terri Smith of ELM at (609) 683-4848.
