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Hackensack, NJ Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

License required
Health Department license, 6+ children under age 6
Initial approval
Fire Prevention chief and Construction Official sign-off
Certificate needed
Certificate of occupancy for initial license
Renewal approval
Building Subcode and Fire Subcode Officials
Inspection fee
$150 to $600 depending on capacity
Penalty
Up to $2,000 fine under § 1-15

Summary

Hackensack requires a Health Department license before operating a child-care facility for six or more children under six, and Chapter 74 conditions that license on written sign-off from both the Construction Official and the Fire Prevention Bureau chief. An initial license also needs a certificate of occupancy, and renewal requires approval from the Building Subcode Official and Fire Subcode Official.

No person shall maintain any place for the day care of children in the city unless a license therefor has first been issued by the Health Department in accordance with the provisions of Chapter 107, Licenses and Permits. ... A license shall only be issued for a place where children are given day care if the Chief of the Bureau of Fire Prevention and the Construction Official have indicated their approval of the facility in writing on the application form. ... 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. ... Renewal of a license shall only be issued after written approval has been given by the Building Subcode Official and the Fire Subcode Official. ... Any person, firm, corporation, partnership or association found to be in violation of this chapter shall be subject to the penalties set forth in Chapter 1, § 1-15, of the Code of the City of Hackensack, New Jersey.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4592721; v20 updated 2026-01-06; through 01-06-2026).

Full Breakdown

Chapter 74, Article I of the City Code defines a child-care facility broadly under § 74-1 as any private child-care center, infant-care center, day nursery, nursery school, boarding school, private elementary school, cooperative group, play group or similar establishment caring for or schooling six or more children under six years old, whether or not tuition or a fee is charged. Section 74-2 makes it unlawful to maintain such a place without a Health Department license issued under Chapter 107's licensing procedures, though public and parochial schools that meet the article's other requirements don't need one.

Section 74-3 layers in building-safety sign-off before any license issues: the Chief of the Bureau of Fire Prevention and the Construction Official must both approve the facility in writing on the application, and the initial license further requires that the Construction Official has issued a certificate of occupancy or certificate of continued occupancy for the space. Renewal applications need separate written approval from the Building Subcode Official and the Fire Subcode Official under § 74-3B(2), so a facility has to clear a fire-and-building review at both initial licensing and each renewal.

Section 74-5 layers on annual inspection fees that scale with capacity, from $150 initial and $75 renewal for 6 to 50 children up to $600 initial and $350 renewal for 201 or more children, payable to the Health Department by March 1 each year.

Violations & Fines

Any person, firm, corporation, partnership or association found in violation of Chapter 74 is subject to the penalties in § 1-15 of the Code's General Provisions under § 74-6: a fine of up to $2,000, up to 90 days of imprisonment, or community service, with each day a violation continues counted as a separate offense. Operating without the required license, or without the Construction Official's and Fire Prevention Bureau's sign-off, exposes an operator to that same penalty.

Frequently Asked Questions

What size day care needs a license in Hackensack?
Chapter 74 covers any child-care facility, from a day nursery to a play group, serving six or more children under six years old, whether or not tuition is charged. Section 74-2 requires a Health Department license for any such facility, with an exception for public and parochial schools.
Who has to sign off before a Hackensack day care gets licensed?
Section 74-3B requires the Chief of the Bureau of Fire Prevention and the Construction Official to approve the facility in writing on the application, and the initial license further requires a certificate of occupancy from the Construction Official.
What do I need to renew a child-care license in Hackensack?
Renewal requires written approval from the Building Subcode Official and the Fire Subcode Official under § 74-3B(2), plus payment of the annual inspection fee set out in § 74-5, which ranges from $75 to $350 depending on how many children the facility serves.

Sources & Official References

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