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Borough of East Rutherford, NJ
Bergen County
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Table of Contents
Table of Contents
For the purposes of this article, the following words and terms shall be deemed to have the meaning herein given to them:
NURSERY SCHOOL
Any house, building or place where four or more children are received, cared for or kept unattended by either their parents, legal guardians or close relatives for the purpose of providing such children with food, lodging, instruction or supervision for periods of less than one day or for longer periods.
PERSON
Or any other word connoting a natural person, when used in this article, shall be construed to include individuals, partnerships, corporations and associations.
No person shall conduct or maintain any nursery school without first having obtained a license therefor from the Township Board of Health, and no license shall be issued until the premises have been inspected and the application approved by the Health Officer, Building Inspector and Chiefs of the Fire and Police Departments, or their authorized representatives. All inspections shall be made and licenses issued or denied within 30 days from the filing of the application.
[Amended 11-13-2008 by Ord. No. 2008-03[1]]
A license shall be issued for a period of one year only, shall not be transferable and shall expire December 31 of each year. A license and inspection fee of $150 shall accompany the application. The license shall state the name of the licensee, the location of the premises and the maximum number of children that may be cared for at any one time. Each license granted shall be posted in a conspicuous place upon the licensed premises and shall be shown to any person having the right to inspect such establishment. All nursery schools existing at the time of adoption of this article shall obtain a license on or before September 1 following the adoption of this article.
[1]
Editor's Note: This ordinance also provided an effective date of 1-1-2009.
No license fee shall be exacted for a nursery school when conducted by an educational, religious or charitable organization of the type and character entitled to exemption from local property tax, but such a nursery school shall comply with all regulations contained in this chapter.
The following rules and regulations shall govern the maintenance and operation of a nursery school:
A. 
Nursery schools shall be operated during the period of the license and on weekdays only between the hours of 8:00 a.m. and 6:00 p.m.
B. 
At no time shall more infants or children be kept in a nursery school than can be well and sufficiently cared for, and as limited in the license.
C. 
The person to whom a license is granted to operate a nursery school must have the training and experience adequate for such purpose and must give personal supervision to the care and hygiene of the child or children entrusted for care.
D. 
The licensee and all employees shall, at the beginning of the school year and as often thereafter as the Health Officer may deem necessary, submit a physician's statement of health on a form provided by the Board of Health stating that he or she is free from any communicable disease.
E. 
No person who is affected with any disease in a communicable form, or is a carrier of such disease, shall work in any nursery school, and no licensee shall employ any such person or any person suspected of being affected with any disease in a communicable form, or being a carrier of such disease. If the licensee suspects that any employee contracted any disease in a communicable form, or has been a carrier of such disease, he shall notify the Health Officer immediately.
F. 
The windows and doors of all buildings used as a nursery school shall be provided with screens from May 1 to November 1.
G. 
Heat shall be provided from October 1 of each year to May 1 of the succeeding year so that the temperature of the rooms used for the nursery school shall always be kept at 70º F. or above between the hours of 8:00 a.m. and 6:00 p.m.
H. 
Adequate facilities for washing hands, including clean water, soap, and clean paper or single-use linen towels, shall be provided at a place convenient for use.
I. 
Standard first aid equipment as approved by the Board shall be provided and kept accessible at all times.
J. 
Out-of-door play space must be well drained and free from injurious substances.
K. 
No milk or water shall be used except from a source approved by the Board. No common drinking cup shall be furnished or kept accessible to the water supply. Individual paper cups or a spray fountain of a type approved by the Board of Health shall be used exclusively.
L. 
Children shall be observed at all times for signs of incipient illness and, if showing any deviation from the normal, shall be promptly isolated, entirely apart from the other children, and sent home as soon as possible.
M. 
In nursery schools in which children under two years of age are accepted for care, the following regulations shall also apply.:
(1) 
Diapers shall be furnished by the nursery school. When soiled, they shall be immediately placed in a closed container or soaked in cold water containing a mild solution of borax, and boiled daily. No diapers shall be used without boiling.
(2) 
All formulas shall be prescribed by the physician of the parents or guardian. The person in charge of feeding the infants shall follow the instructions of the Public Health Nurse in the preparation of the formulas and the care of the bottles and utensils.
N. 
In nursery schools in which children are provided with snacks, luncheons or meals, the following regulations shall also apply:
(1) 
Every person engaged in the preparation, handling or service of food or drink shall wash his hands thoroughly with soap and water before commencing work and after using the toilet.
(2) 
All dishes and utensils used in the service and preparation of food shall be thoroughly cleansed in hot water with soap or detergent and thereafter rinsed in clear scalding water.
(3) 
After cleansing, all such dishes and utensils shall be stored in such manner as to protect them from dust, dirt and flies.
(4) 
Rooms where food is stored must be kept free from mice, rats, insects and other vermin.
(5) 
Adequate refrigeration must be provided for all foods likely to spoil.
O. 
Every person who conducts a nursery school for infants and children shall keep a record wherein shall be entered under each date and name, age, sex and color of each child cared for on that date, together with the name of the person who brought the child to school.
The heating of premises shall be restricted to a steam, hot water or hot air system, employing central heating plants with installation such as to safeguard against an inherent fire hazard. The use of portable heaters of any kind is hereby prohibited and lighting shall be restricted to electricity.
There shall be at least one fire extinguisher provided in each room where children are cared for, and it shall be of the type suitable for extinguishing Class A fires; vaporizing liquid extinguishers are prohibited.
There shall be provided sufficient doorways or exits in each room where children are cared for so that the children may be led outdoors in case of emergency.
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, for each and every violation, be fined not less than $5 nor more than $500.
If any section, paragraph, subdivision, clause or provision of this article shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall apply to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this article shall remain valid and effective.