[HISTORY: Adopted by the Board of Health of the Borough of Bergenfield 10-20-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
CHILD-CARE FACILITIES
Includes every private child-care center, infant-care center, day nursery, nursery school, boarding school, private elementary school, cooperative group, play group or other establishment of similar character for the care or schooling of six or more children under six years of age, in which any tuition, fee, board or other form of compensation is charged or which is publicly funded, whether or not tuition fees, board or other form of compensation is charged.
A. 
No person shall maintain any place for the day care of children in the Borough unless a license therefor has first been issued by the Health Department.
B. 
The requirements set forth in this chapter are not intended to conflict with any state and federal requirements. All applicable state and federal requirements must be fulfilled.
C. 
No license above provided for shall be granted for a term exceeding one year. Licenses issued under this chapter shall expire on December 31 at each year. Applications shall be renewed by January 31 with the required fee. Licenses are not transferable.
D. 
Every such license shall state the name of the licensee, the particular premises in or at which the business shall be carried on and the number of children that may be maintained, boarded or cared for at any one time; and said license shall be posted in a conspicuous place in the house or other place at which the business is conducted.
E. 
The initial license shall only be issued for a place where children are given day care, provided that the Construction Official has indicated his approval of the facility by the issuance of a certificate of occupancy or a certificate of continued occupancy.
License cards issued under this chapter shall state the name of the licensee, the address of the premises and the maximum number and age groups of children permitted. The license shall be pasted in a conspicuous place on the premises at all times.
A. 
A properly identified representative of the local Health Department shall have the right to enter for inspection during all normal business hours of the center.
B. 
All child-care centers subject to licensure by the State Department of Human Services shall ensure compliance with all statutes, regulations and requirements set forth by the Division of Youth and Family Services, pursuant to the Child Care Center Licensing Act, N.J.S.A. 30:5B-1 et seq.
C. 
In order to provide for the proper administration of all relevant compliance, regulations and requirements, annual inspection fees, payable to the Health Department of the Borough of Bergenfield on or before January 31 of each year, are as follows:
Child-Care Center
(Number of children)
Fees
(Annual)
6 to 50
$75
51 to 100
$100
101 to 150
$125
151 +
$150
Facilities, equipment, and procedures used for the preparation, storage and service of food, whether on or off the premises, shall comply with the applicable provisions of N.J.A.C. 8:24, Sanitation in Retail Food Establishments and Food and Beverage Vending Machines. Facilities, equipment and procedures required shall depend on the amount of food service and type of food service operation.
A. 
The premises shall be maintained in a good repair and in safe condition.
B. 
The premises shall be maintained to prevent rodent and insect harborage and protect from all outer openings.
C. 
Floors, interior walls, windows, ceilings and other surfaces shall be kept, sound, in good repair and maintained in a clean condition.
D. 
All plumbing fixtures, potable water sources, water heaters and waste pipes shall be properly installed and maintained in good working condition.
E. 
All outdoor facilities shall be free of any hazards, unnecessary items and play equipment to be maintained in good repair and condition.
A permit or approval of permit under this chapter may be suspended or revoked for a violation by the holder of any provision of this chapter, any ordinance or regulation of the Bergenfield Board of Health, any ordinance of the Borough of Bergenfield or any New Jersey state statute or regulations of the New Jersey Department of Health. Prior to such suspension or revocation, the holder shall be given the opportunity for a hearing by the Board of Health of the Borough or its authorized representative.
A. 
Minimum and maximum penalty. Any person violating any of the provisions of any article of this Code, shall, upon conviction thereof, pay a penalty of not of less than $50 nor more than $1,000 or imprisonment for a maximum term of 90 days, or both, for each offense. Complaints shall be made in the Municipal Court in the Borough of Bergenfield or such other court as shall be of competent jurisdiction. This provision shall not be construed as to limit the Court's power to impose other and additional penalties as provided by N.J.S.A. 26:3-77 and 26:3-78.
B. 
Separate violation. Except as otherwise provided, each and every day in which a violation of any of the provisions of any article adopted by the Board of Health exists shall constitute a separate violation.
C. 
Collection of fees and penalties. All fees and penalties collected under any provision of this code shall be paid to the Treasurer of the Borough of Bergenfield.
D. 
Enforcement. A licensed Registered Environmental Health Specialist or Health Official employed by the Bergenfield Health Department shall enforce the child care centers code.