How to determine if your school is subject to the Madden legislation
Sites to be used for educational purposes, such as private schools, public schools, or charter schools, are subject to the Madden legislation if one or more of the conditions in I. and II. exist:
I. There is one of the following activities occurring at the subject site:
- Renovation/rehabilitation/alteration (increasing the square footage of building)
- Change in use (e.g. industrial to non-industrial, non-educational certificate of occupancy to educational certificate of occupancy)
II. The subject site is/was:
- A known contaminated site
- Suspected as contaminated, a historic fill site, or has a former agriculture use
- An Industrial Site Recovery Act (ISRA) subject site
- One of the applicable Uniform Construction Codes (UCC), including A, F, H, S, B, or M.
Madden-subject educational centers are required to submit either a Remedial Action Work Plan or a Remedial Action Outcome (RAO) issued by a Licensed Site Remediation Professional (LSRP), before a construction official can issue a construction permit If a Remedial Action Work Plan, rather than an RAO, is used for obtaining a construction permit, then an RAO must be obtained before a Certificate of Occupancy (CO) can be issued.
Process for obtaining an RAO
- At a minimum, a Preliminary Assessment (PA) must be conducted in accordance with the Technical Requirements for Site Remediation.
- If the PA does not indicate any Areas of Concern (AOC) which would warrant a Site Investigation, then the approved Preliminary Assessment should be the only item needed for the LSRP to issue an RAO.
If the results of the PA identify area(s) of concern (AOCs), the
LSRP must conduct a Site Investigation.
- If the results of the SI indicate that no areas of concern require remediation, the LSRP will issue a Response Action Outcome (RAO).
- If the results of the SI indicate the need for remediation, the LSRP must call the hotline and conduct a Remedial Investigation and Remedial Action before an RAO can be issued.
- Upon completion of the investigation and remedial action (if necessary), the LSRP will issue a Response Action Outcome (RAO) needed to obtain a construction permit or Certificate of Occupancy.
For more information on the remedial process and RAOs, please see the Guidance for the Environmental Evaluation of Child Care and Educational Facilities. (Coming soon)
To find a list of LSRPs, please click here.
Please note: You may be required to evaluate your indoor air. Please contact NJDOH, Indoor Environments Program at 609-826-4950 or visit their web site at www.state.nj.us/health/iep.
There may be other environmental reviews required for land acquisitions, alterations, renovation, and additions pursuant to the Educational Facilities Rule (N.J.A.C. 6A:26). For more information, please contact: NJDEP Office of Permit Coordination and Environmental Review by calling (609) 292-3600. There are multiple agencies involved when there is alteration, renovation and/or construction of a (new) educational facility.