New Jersey § 52:27d-130

§ 52:27d-130.

a. (1) No construction permit shall be issued pursuant to section 12 of P.L.1975,

c. 217 ( C.52:27D-130 ) for the reconstruction, alteration, conversion, or repair of any building or structure

to be used for a child care center licensed pursuant to the provisions of P.L.1983,

c. 492 ( C.30:5B-1 et seq. ), or for educational purposes, if that building or structure was previously used

for industrial, storage, or high hazard purposes, as a nail salon, dry cleaning facility,

or gasoline station, or is on a contaminated site, on a site on which there is suspected

contamination, or on an industrial site that is subject to the provisions of the “Industrial

Site Recovery Act,” P.L.1983, c. 330 ( C.13:1K-6 et al.), except upon the submission of the certification issued by the Department

of Health pursuant to section 1 of P.L.2007, c. 1 ( C.52:27D-130.4 ) to the construction official by the applicant, that the building or structure has

been evaluated and assessed for contaminants, and that the building or structure is

safe for use as a child care center licensed pursuant to the provisions of P.L.1983,

c. 492, or for educational purposes. (2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary,

a construction permit may be issued for the construction or alteration of any building

or structure to be used as a child care center licensed pursuant to the provisions

of P.L.1983, c. 492, or for educational purposes, if the construction permit is necessary

to perform work in the building or structure in order to comply with the rules and

regulations adopted pursuant to subsection a. of section 1 of P.L.2007, c. 1 ( C.52:27D-130.4 ) and obtain the certification issued by the Department of Health pursuant to subsection c. of section 1 of P.L.2007, c. 1 ( C.52:27D-130.4 ). A construction permit issued pursuant to this paragraph shall be limited to the construction

or alterations necessary to comply with the rules and regulations adopted pursuant

to subsection a. of section 1 of P.L.2007, c. 1 ( C.52:27D-130.4 ). (3) The appropriate enforcing agency shall not grant a certificate of occupancy for

any building or structure to be used as a child care center licensed pursuant to the

provisions of P.L.1983, c. 492, or for educational purposes, that received a construction

permit pursuant to paragraph (2) of this subsection, except upon the submission of

the certification issued by the Department of Health pursuant to subsection c. of section 1 of P.L.2007, c. 1 ( C.52:27D-130.4 ) to the construction official by the applicant, that the building or structure has

been evaluated and assessed for contaminants, and that the building or structure is

safe for use as a child care center licensed pursuant to the provisions of P.L.1983,

c. 492, or for educational purposes. b. (1) No construction permit shall be issued for the construction or alteration of

any building or structure to be used as a child care center licensed pursuant to the

provisions of P.L.1983, c. 492, or for educational purposes, on a site that was previously

used for industrial, storage, or high hazard purposes, as a nail salon, dry cleaning

facility, or gasoline station, or on a contaminated site, on a site on which there

is suspected contamination, or on an industrial site that is subject to the provisions

of the “Industrial Site Recovery Act,” P.L.1983, c. 330 ( C.13:1K-6 et al.), except after submission by the applicant to the construction official of

documentation sufficient to establish that the Department of Environmental Protection

has approved a remedial action workplan for the entire site or that the site has been

remediated consistent with the remediation standards and other remediation requirements

established pursuant to section 35 of P.L.1993, c. 139 ( C.58:10B-12 ) and a no further action letter has been issued by the Department of Environmental

Protection for the entire site. (2) Notwithstanding the provisions of paragraph (1) of this subsection to the contrary,

a construction permit may be issued for the construction or alteration of any building

or structure to be used as a child care center licensed pursuant to the provisions

of P.L.1983, c. 492, or for educational purposes, on a site that was previously used

for industrial, storage, or high hazard purposes, as a nail salon, dry cleaning facility,

or gasoline station, or on a contaminated site, on a site on which there is suspected

contamination, or on an industrial site that is subject to the provisions of the “Industrial

Site Recovery Act,” P.L.1983, c. 330 ( C.13:1K-6 et al.), if the construction permit is necessary to remediate the site consistent

with the remediation standards and other remediation requirements established pursuant

to section 35 of P.L.1993, c. 139 ( C.58:10B-12 ) in order to obtain a no further action letter from the Department of Environmental

Protection. A construction permit issued pursuant to this paragraph shall be limited to the construction

or alterations necessary to develop a remedial action workplan to be submitted to

the Department of Environmental Protection for approval or to remediate the site consistent

with the remediation standards and other remediation requirements established pursuant

to section 35 of P.L.1993, c. 139 ( C.58:10B-12 ) and receive a no further action letter from the Department of Environmental Protection. (3) The appropriate enforcing agency shall not grant a certificate of occupancy for

any building or structure to be used as a child care center licensed pursuant to the

provisions of P.L.1983, c. 492, or for educational purposes, that received a construction

permit pursuant to paragraph (2) of this subsection, except after submission by the

applicant to the construction official of documentation sufficient to establish that

the site has been remediated consistent with the remediation standards and other remediation

requirements established pursuant to section 35 of P.L.1993, c. 139 ( C.58:10B-12 ) and a no further action letter has been issued by the Department of Environmental

Protection for the entire site. c. As used in this section: “ contaminated site ” means any real property on which there is contamination; “contamination,” “remediation”

or “remediate,” and “no further action letter” shall have the same meanings as provided

in section 23 of P.L.1993, c. 139 ( C.58:10B-1 ); and “ educational purposes ” means for the purposes of a private school or public school as defined in N.J.S.18A:1-1 , or a charter school as defined pursuant to P.L.1995, c. 426 ( C.18A:36A-1 et seq. ).