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2 N.J.A.R. 432

St. Jude's Boarding Home, Joseph Napurano, Operator; Community Affairs, Department
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Citation: 2 N.J.A.R. 432
Decision Date: 1981
Synopsis: After a series of inspections conducted by the Bureau of Rooming and Boarding Home Standards, the Department of Community Affairs determined that St. Jude's Boarding Home was in violation of the Department's safety regulations and that these violations constituted an imminent hazard to the welfare of the occupants. Accordingly, the Department ordered the Home vacated and the Home requested a hearing which was conducted on an expedited basis. The administrative law judge noted that while testimony was offered on the Home owner's good intentions, willingness to abate the listed violations and actual abatement of several violations, serious deficiencies did exist in the Horne's present fire and detection system. The judge found that the absence of an early warning smoke detection system, a smoke alarm system connected to a central station, the absence of a sprinkler system, the lack of properly protected transoms and fire doors and the absence of emergency lighting all constituted express violations of the statute and regulations and posed an imminent threat to the Horne's occupants. The judge found that the Home had failed to demonstrate that the hazards had been remedied, corrected or abated and that the imminent dangers created by the violations required that the boarding house be vacated. Accordingly, the administrative law judge ordered that the Home be vacated and that the residents of the premises be eligible for relocation assistance underN.J.S.A. 20:4-1 et seq. Dennis R. Casale, Deputy Attorney General for Petitioner (John J. Degnan, Attorney General of New Jersey, Attorney) Joseph D. Maher, Jr., Esq., for Respondent 433 State of New Jersey