Irvington, NJ Building Safety: Childcare Center Rules (2026)
Key Facts
- State license required
- NJ DHS Div. of Youth and Family Services
- License must be on file
- before certificate of occupancy
- Siting restriction
- no location hazardous to children
- Floor-area exclusion
- excluded from parking/floor-space caps
- Statutory basis
- N.J.S.A. 40:55D-66.6, 66.7
Summary
Child-care centers in Irvington must be licensed by the New Jersey Department of Health Services' Division of Youth and Family Services before the Township will issue a certificate of occupancy. Township Code Sec. 650-49 also bars siting near hazardous conditions and exempts center floor area from parking and floor-space caps.
A. Any residence or facility used for the purpose of providing a child-care center shall be required to be licensed with the New Jersey Department of Health Services, Division of Youth and Family Services, and to place on file with the Township a copy of the license, prior to the Township granting a certificate of occupancy for the use. B. Child-care centers shall not be located near or adjacent to areas determined to be hazardous to the physical health and safety of the children. C. The building or portion thereof used for such purposes shall be required to meet all of the applicable standards and regulations for nonresidential buildings in the zoning district in which it is located. However, pursuant to N.J.S.A. 40:55D-66.6 and 66.7, the floor area occupied in any building as a child-care center shall be excluded in calculating any parking requirement and shall not be counted toward the maximum permitted floor space under this chapter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).
Full Breakdown
Sec. 650-49 sets three conditions for any child-care center operating as a permitted or conditional use under Article VI. First, subsection A requires the residence or facility to be licensed with the New Jersey Department of Health Services, Division of Youth and Family Services, and to place on file with the Township a copy of the license, prior to the Township granting a certificate of occupancy for the use, so the state license has to exist and be filed with the Township before occupancy is legal, not merely applied for.
Second, subsection B bars siting near or adjacent to areas determined to be hazardous to the physical health and safety of the children, a standard the code leaves undefined and therefore subject to case-by-case review by the Township's zoning and construction officials. A. 7, the floor area occupied by the child-care center is excluded from any parking-space calculation and does not count toward the maximum permitted floor space otherwise capped under Chapter 650. That exclusion can matter for an existing commercial building already near its floor-area ceiling, since adding a licensed child-care use will not push it over that cap.
Violations & Fines
Operating a child-care center without filing the state license with the Township before occupancy, siting one in a location later found hazardous, or occupying nonresidential space that fails the district's building standards under Sec. 650-49 is enforced as a Chapter 650 zoning violation under the general penalty at Sec. 650-94: up to $1,000, up to 90 days' imprisonment, or both, per continuing day of violation after notice.
Frequently Asked Questions
Does Irvington require a state license for a child-care center?
Does a child-care center count against a building's maximum floor space in Irvington?
Are there location restrictions for child-care centers in Irvington?
Sources & Official References
Other rules in Irvington
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Childcare Center Rules in Nearby Cities
How other cities in Essex County handle childcare center rules.