Town of Dover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town of Dover 12-15-2003 by Ord. No. 44-2003.
Editor's Note: This ordinance also superseded former Ch. 20, Fire Department, consisting of the following: Art. I, Organization and Procedures, adopted 7-27-1970 as part of Art. 16 of the 1969 Revised Ordinances, as amended; and Art. II, Mutual Aid, adopted 7-10-1990 by Ord. No. 18-1990.
. Amendments noted where applicable.]
GENERAL REFERENCES

Police Department — See Ch. 57.

False fire alarms — See Ch. 179.

Fire prevention — See Ch. 189.

Fires, conduct at — See Ch. 193.

Hazardous materials — See Ch. 211.

ARTICLE I
Organization and Procedures (§ 20-1 — § 20-35) 

ARTICLE II
Mutual Aid (§ 20-36 — § 20-37) 

Article I Organization and Procedures

§ 20-1 Fire companies.

§ 20-2 Definitions.

§ 20-3 Organizations within Fire Department; number of members.

§ 20-4 Qualifications for membership in Fire Department.

§ 20-5 Term of membership.

§ 20-6 Probationary period.

§ 20-7 Line officers.

§ 20-8 Staff officers.

§ 20-9 Chain of command.

§ 20-10 Qualifications for Chief officers.

§ 20-11 Qualifications for Captains.

§ 20-12 Qualifications for Lieutenants.

§ 20-13 Terms of office.

§ 20-14 Election and confirmation of officers.

§ 20-15 Representative fire company.

§ 20-16 Vacancy in office of Volunteer Fire Chief.

§ 20-17 Vacancy on Board of Engineers.

§ 20-18 Vacancy in junior offices.

§ 20-19 Powers, duties and responsibilities of Volunteer Fire Chief.

§ 20-20 Powers and duties of Volunteer Assistant Chiefs.

§ 20-21 Powers and duties of junior officers.

§ 20-22 Powers and duties of company Clerk (Secretary).

§ 20-23 Powers and duties of all firefighters.

§ 20-24 Annual inspection.

§ 20-25 (Reserved)

§ 20-26 Duty uniforms.

§ 20-27 Badges.

§ 20-28 Dress uniforms.

§ 20-29 Department records.

§ 20-30 Computation of length of service.

§ 20-31 Certificates of exemption.

§ 20-32 Expenses of Chief and Assistant Chiefs.

§ 20-33 Expenses of firefighters.

§ 20-34 Insurance.

§ 20-35 Complaints against members; procedures, hearings and punishment.

Article II Mutual Aid

§ 20-36 Authority to execute agreement.

§ 20-37 Terms and conditions of agreement.

[Amended 10-10-2006 by Ord. No. 29-2006]

§ 20-1
Fire companies. 

§ 20-2
Definitions. 

§ 20-3
Organizations within Fire Department; number of members. 

§ 20-4
Qualifications for membership in Fire Department. 

§ 20-5
Term of membership. 

§ 20-6
Probationary period. 

§ 20-7
Line officers. 

§ 20-8
Staff officers. 

§ 20-9
Chain of command. 

§ 20-10
Qualifications for Chief officers. 

§ 20-11
Qualifications for Captains. 

§ 20-12
Qualifications for Lieutenants. 

§ 20-13
Terms of office. 

§ 20-14
Election and confirmation of officers. 

§ 20-15
Representative fire company. 

§ 20-16
Vacancy in office of Volunteer Fire Chief. 

§ 20-17
Vacancy on Board of Engineers. 

§ 20-18
Vacancy in junior offices. 

§ 20-19
Powers, duties and responsibilities of Volunteer Fire Chief. 

§ 20-20
Powers and duties of Volunteer Assistant Chiefs. 

§ 20-21
Powers and duties of junior officers. 

§ 20-22
Powers and duties of company Clerk (Secretary). 

§ 20-23
Powers and duties of all firefighters. 

§ 20-24
Annual inspection. 

§ 20-25
(Reserved) 

§ 20-26
Duty uniforms. 

§ 20-27
Badges. 

§ 20-28
Dress uniforms. 

§ 20-29
Department records. 

§ 20-30
Computation of length of service. 

§ 20-31
Certificates of exemption. 

§ 20-32
Expenses of Chief and Assistant Chiefs. 

§ 20-33
Expenses of firefighters. 

§ 20-34
Insurance. 

§ 20-35
Complaints against members; procedures, hearings and punishment. 

§ 20-1 Fire companies.

The Volunteer Fire Department of the Town of Dover shall consist of four companies: the Protection Hook and Ladder Co. No. 1, Dover Fire Engine Co. No. 1, Vigilant Engine Co. No. 2 and the Board of Fire Wardens.

§ 20-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BOARD OF ENGINEERS
Line officers of the Volunteer Fire Department consisting of the Chief, First Assistant Chief, Second Assistant Chief and Third Assistant Chief.
BOARD OF PAST CHIEFS
The Board of Past Chiefs will consist of all past Chiefs of the Volunteer Fire Department currently on the active rolls. Any past Chief who is currently serving as a Chief or Assistant Chief cannot serve on the Board of Past Chiefs. The Board of Past Chiefs will have a chairperson and a Clerk (secretary), who will be chosen by simple majority of the total members of the Board of Past Chiefs.
GOOD STANDING
A member of the Volunteer Fire Department is in good standing if the member has maintained a sixty-percent attendance at fires, drills, company meetings as per the company's bylaws and attendance at other Department activities (i.e., Firefighter Memorial Services and the Annual Inspection).
MEMBERSHIP COMMITTEE
A twelve-member committee consisting of three representatives selected by each of the four fire companies.
TRAINING COMMITTEE
The Training Committee shall consist of members appointed by the Volunteer Fire Chief.

§ 20-3 Organizations within Fire Department; number of members.

A. 

Emergency Squad. There may be formed within the Volunteer Fire Department an Emergency Squad comprised of members of the various companies of the Volunteer Fire Department. A Dover resident may enroll as a Dover Emergency Squad member without becoming a member of the Town's fire companies. The scope of emergency and firematic operations of such an Emergency Squad shall, at all times, be under the jurisdiction of the Volunteer Chief of the Fire Department.

B. 

Association. There may be formed within the Volunteer Fire Department an association, comprised of the members of the various companies of the Volunteer Fire Department, to be known as the "Dover Volunteer Firemen's Association."

C. 

Number of members in companies.

(1) 

Active members. The Protection Hook and Ladder Co. No. 1 shall consist of not more than 35 members; Dover Fire Engine Co. No. 1 shall consist of not more than 30 members; Vigilant Engine Co. No. 2 shall consist of not more than 30 members; and the Board of Fire Wardens shall consist of not more than 30 members.

(2) 

Clerk (Secretary). Each company shall annually elect one member to serve as Clerk (Secretary), who shall perform the duties hereinafter prescribed in this article.

(3) 

Chaplains. Each of the companies of the Volunteer Fire Department may appoint a member of the company or a member of the clergy of the Town of Dover to serve as Chaplain of said company, with all the rights and privileges of an active member, except that should the Chaplain be a member of the clergy and not an active member of the company, the chaplain shall not have a vote or hold elective office in the company.

§ 20-4 Qualifications for membership in Fire Department.

A. 

Residency.

(1) 

No person shall become a member of the Fire Department unless he or she lives within one mile, measured as the crow flies, of the Town of Dover at the time they submit their application.

[Amended 7-26-2011 by Ord. No. 12-2011]

(2) 

If any Volunteer Fire Department member who has at least one full year of membership in the Town of Dover Fire Department moves his or her domicile and stays within a two-mile radius, measured as the crow flies, of the Town boundaries, upon his or her request, and upon his or her company's recommendation, such member may retain membership in the Volunteer Fire Department upon approval of the Mayor and Board of Aldermen.

B. 

Exams. A member must pass a general physical examination, including a chest x-ray, within 90 days prior to confirmation as a firefighter. The cost of such physical examination and x-ray shall be paid for by the Town of Dover. The member shall also promise to perform the duties of a firefighter as they are now or may hereafter be prescribed by law or the ordinances of the Town.

C. 

Qualifying tests. Each applicant must successfully pass qualification for membership tests as administered by the Membership Committee and approved by the Mayor and Board of Aldermen. Qualification tests for Volunteer Fire Department applicants are on file with the Town Clerk of the Town of Dover.

D. 

Membership in other fire departments.

(1) 

Any applicant who belongs to another volunteer fire department or rescue squad shall resign from that volunteer fire department or rescue squad within two weeks after being accepted as a member of the Dover Volunteer Fire Department or rescue squad.

(2) 

Any member of the Dover Volunteer Fire Department who joins another fire department or rescue squad shall resign from the Dover Volunteer Fire Department or Rescue Squad.

(3) 

Any member who already belongs to another volunteer fire department or rescue squad as of the effective date of the passage of this article shall be allowed to remain a member of both volunteer fire departments or rescue squads.

(4) 

Any member of the Dover Volunteer Fire Department or Rescue Squad who belongs to another volunteer fire department or rescue squad who wishes to become an officer in another volunteer fire department or rescue squad as of the effective date of passage of this article shall take a leave of absence during the term(s) of such officer position or resign from the Dover Volunteer Fire Department.

§ 20-5 Term of membership.

A. 

The term of membership shall be at the pleasure of the Mayor and Board of Aldermen. Each member who changes residency to a location outside the municipal boundaries or to a location inconsistent with § 20-4A(1) to (2) shall submit his or her resignation to the Mayor and Board of Aldermen within 60 days of the date of such change of residency.

B. 

A member who changes residence to a location beyond the two-mile radius limits of the Town of Dover may request a waiver of the residency requirement for a period not to exceed one year. The waiver request shall be forwarded to the Department Board of Engineers, and if the member is found to be in good standing, the residency requirement may be waived for the period requested. If the member fails to reestablish residency within the corporate limits of the Town of Dover within the time period requested, the Volunteer Fire Chief shall recommend to the Mayor and Board of Aldermen to remove the member from the rolls of the Volunteer Fire Department.

C. 

Any member with less than 10 consecutive years of active service who is not in good standing for two consecutive years shall be recommended to be removed by the Board of Engineers from the rolls of the Dover Volunteer Fire Department. The member being recommended to be removed shall have the right to appeal to the Board of Past Chiefs within 10 business days of notification of his or her removal. The Board of Past Chiefs shall recommend to the Mayor and Board of Aldermen the removal of any member found to be violation with this section.

§ 20-6 Probationary period.

Each applicant hereafter confirmed as an active Volunteer Fire Department member shall serve a probationary period of one year. During this probationary period, the member shall be required to attend the prescribed course conducted by the Training Committee of the Volunteer Fire Department. The member must also complete and pass both the written and practical test for the State Certified Firefighter I course at the direction of the Board of Engineers. The progress of a probationary firefighter shall be reviewed quarterly by the Board of Engineers and the officers of the member company. Failure to comply with the applicable sections of this article will result in a recommendation to the Mayor and Board of Aldermen that the member be dropped from the roll of the Volunteer Fire Department.

§ 20-7 Line officers.

A. 

The line officers of the Volunteer Fire Department shall consist of the Chief, First Assistant Chief, Second Assistant Chief and Third Assistant Chief.

B. 

Other line officers shall include a Captain and Lieutenant from each of the four companies of the Volunteer Fire Department.

C. 

No paid member of the Fire Department can be a line officer, except that any such member who is a line officer at the time of the final passage of this article may complete the then current term and an additional one-year term of office.

§ 20-8 Staff officers.

Staff officers of the Volunteer Fire Department shall consist of the Captain of the Emergency Squad, Lieutenant of the Emergency Squad, and the Chaplains of the four companies.

§ 20-9 Chain of command.

In the absence of the Chief of the Department at an alarm of fire or other emergency to which the Volunteer Department has been called, the First Assistant Chief shall assume command of the Department. The order of command following the First Assistant Chief shall be as follows: Second Assistant Chief, Third Assistant Chief, Captain of the Chief's company, Captain of the First Assistant Chief's company, Captain of the Second Assistant Chief's Company, Captain of the Third Assistant Chief's company, Lieutenant of the Chief's company, Lieutenant of the First Assistant Chief's company, Lieutenant of the Second Assistant Chief's Company and Lieutenant of the Third Assistant Chief's Company. If none of the above are present, the most senior qualified member will assume command.

§ 20-10 Qualifications for Chief officers.

To be eligible for the office of Chief, First Assistant Chief, Second Assistant Chief or Third Assistant Chief, a member must be an active exempt firefighter in good standing in his or her assigned company and must have held the position of Captain for at least one full term prior to the date of his or her confirmation.

§ 20-11 Qualifications for Captains.

To be eligible for the office of Captain, the member must be in good standing at the time of nomination and must also have served at least one term as Lieutenant.

§ 20-12 Qualifications for Lieutenants.

To be eligible for the office of Lieutenant, a member must be in good standing in his or her company at the time of nomination. The member must also have served at least three years as an active volunteer firefighter from the date of appointment by the Mayor and Board of Aldermen. The member must possess the qualities necessary for leadership and the ability to direct and train firefighters and must also possess the State of New Jersey Certification for ICS 200 or such other requirement of the State of New Jersey.

§ 20-13 Terms of office.

The words "term" or "term of office," wherever appearing in this article, shall mean a period of 12 consecutive months commencing on January 1.

§ 20-14 Election and confirmation of officers.

Officers of the Volunteer Fire Department shall be elected as provided in the bylaws of the individual companies and the Emergency Squad and must meet the requirements set forth in this article. All line officers shall be appointed by the Mayor and Board of Aldermen.

§ 20-15 Representative fire company.

Each of the four fire companies shall have one representative on the Board of Engineers. The Chief and three Assistant Chiefs shall be appointed by the Mayor and Board of Aldermen for one-year terms upon the recommendation of their respective fire companies. Each representative on the Board of Engineers shall begin service on the Board in the position of Third Assistant Chief and shall, with the recommendation of his or her company and the approval of the Mayor and Board of Aldermen, advance each year to the next highest rank. The recommendation of each fire company shall be given to the Mayor and Board of Aldermen on the 15th day of December each year.

§ 20-16 Vacancy in office of Volunteer Fire Chief.

Within 30 days of a vacancy in the office of Fire Chief, the Mayor and Board of Aldermen upon recommendation of the fire company shall appoint a past Chief from the Volunteer Fire Chief's company to serve as the successor for the remainder of the term. In the event that there is no past Chief who is willing to serve or none is available, the next Assistant Chief shall be appointed to that Chief's position and serve the remainder of that term, together with the term such Chief would have served in the normal course of events. In the event that an Assistant Chief is required to move up, then the Company Captain from the company where the vacancy was created shall serve as a representative to the Board of Engineers and will not assume the title of Assistant Chief.

§ 20-17 Vacancy on Board of Engineers.

A. 

If a vacancy should occur on the Board of Engineers by death, resignation or any reason within 180 days prior to the annual company elections, no replacement shall be made until the annual election. During such vacancy, the Captain of that fire company having no representation on the Board of Engineers shall, with the approval of the Mayor and Board of Aldermen, serve as Acting Third Assistant Chief. The remaining members of the Board of Engineers shall advance their standing to the next higher office.

B. 

If the vacancy shall occur prior to 180 days before the next annual company elections, a special company election shall be held within 60 days of the date of the vacancy. The member elected shall, after appointment by the Mayor and Board of Aldermen, begin service on the Board of Engineers in the position of Third Assistant Chief for the unexpired term, and the remaining members shall each advance to the next higher office.

§ 20-18 Vacancy in junior offices.

A. 

In the event of a vacancy in the office of Captain, the company involved shall, within 30 days, elect a member subject to the appointment by the Mayor and Board of Aldermen to fill the vacancy for the remainder of the term of office. Said member shall be required to meet the provisions of § 20-11 of this article.

B. 

In the event of a vacancy in the office of Lieutenant, the company involved shall, within 30 days, elect a member subject to the appointment of the Mayor and Board of Aldermen to fill the vacancy for the remainder of the term of office. Said member shall be required to meet the provisions of § 20-12 of this article.

§ 20-19 Powers, duties and responsibilities of Volunteer Fire Chief.

A. 

The Volunteer Fire Chief, in all cases of fire within the Town, shall take prompt and efficient measures and use all means at the disposal of the Volunteer Fire Department to extinguish same and shall at such times and on occasion of alarms of fire have sole and absolute command over all members of the Fire Department and over all fire apparatus and persons aiding or assisting the Volunteer Fire Department in cases of actual fire.

B. 

The Volunteer Fire Chief shall have, upon request, in all cases of actual fire, the use of any equipment or vehicles owned by the Town and the assistance of any Town employee necessary to operate such vehicles or equipment. The Chief may also, in cases of actual fire, employ the services of any person or equipment which the Chief deems necessary for the extinguishment of a fire and restoring the building or area to a safe condition.

C. 

The Volunteer Fire Chief shall cause to be examined daily the fire apparatus, hose and other fire equipment and shall keep a record of such examinations, noting any unusual conditions.

D. 

The Volunteer Fire Chief shall order all ordinary and necessary repairs to the fire apparatus and other fire equipment consistent with the Local Public Contracts Law

Editor's Note: See N.J.S.A. 40A:11-1 et seq.
and the Town's Purchasing Manual.

E. 

The Volunteer Fire Chief shall keep an accurate record with the names of the officers and members of the Volunteer Fire Department and of all appointments, transfers, resignations and removals of volunteer firefighters, as the same shall take place from time to time. Such record shall exhibit the names of the volunteer firefighters belonging to each company, the commencement of their term of service and such other particulars as may be necessary and proper.

F. 

The Volunteer Fire Chief shall keep a record of all alarms of fire and of all fires which may occur within the Town of Dover, with the cause thereof whenever the same can be ascertained, together with a description of the building or buildings damaged or destroyed, the names of the owner or owners and occupants thereof, the amount of loss in each case and also the amount of insurance, if any, as can be ascertained on careful and diligent inquiry. The Volunteer Fire Chief shall also keep a record of all the members of each company who attend each fire or answer to the alarm thereof, as reported by the Captain or the Lieutenant of the respective companies. The Volunteer Fire Chief shall also keep a record of all violations of the Town's ordinance dealing with the Volunteer Fire Department and the prevention and extinguishment of fires which may come to his knowledge and shall, without delay, report such violations to the Town Administrator.

G. 

All records shall be kept by the Volunteer Fire Chief in suitable books to be provided for that purpose, and the Captain of each of the companies constituting the Volunteer Fire Department of the Town of Dover shall furnish and turn over to the Volunteer Fire Chief immediately after each fire or alarm of fire a printed list of the members of each company, respectively, who shall have answered the alarm of fire, if one may have occurred, and to cross off such a list the names of each of the members of each of the companies who failed to answer the alarm. At the end of each month, the Volunteer Fire Chief shall make out and present to the Town Administrator a report showing the number of alarms of fire and other emergencies and the number of fires which may have occurred during the preceding month.

H. 

The Volunteer Fire Chief shall schedule a meeting of the Board of Engineers in each of the calendar months. The date of such meeting shall be posted on the departmental bulletin board.

I. 

The Volunteer Fire Chief may, from time to time, issue such general or emergency orders as deemed necessary. These orders shall be posted on the departmental bulletin board with the effective date for each order.

J. 

It shall be the responsibility of the Volunteer Fire Chief, upon assuming office, to post a list of all officers and relief drivers on the departmental bulletin board.

K. 

In the event of a planned absence of the Board of Engineers from the corporate limits of the Town, the Chief shall designate, in a general order, the member or members to be in charge of the Department during the absence of the Board of Engineers and notify the Town Administrator of same.

§ 20-20 Powers and duties of Volunteer Assistant Chiefs.

A. 

In all cases of an alarm of fire or other emergency to which the Volunteer Fire Department has been called, the Assistant Chiefs will report to and carry out all orders given to them by the Volunteer Fire Chief. The Assistant Chiefs shall conduct such administrative duties as may be directed by the Volunteer Fire Chief. The Assistant Chief, when attending fires or emergencies, shall take all proper measures for the extinguishment of the fire or the control of the emergency.

B. 

If, for any reason, the Volunteer Fire Chief is unable to perform the duties described in § 20-19, the duties, responsibilities and authority therein described shall devolve upon the First Assistant Chief.

C. 

If, for any reason, the Volunteer Fire Chief and the First Assistant Chief are unable to perform the duties described in § 20-19 of this article, the duties, responsibilities and authority therein described shall devolve upon the Second Assistant Chief and, in the Second Assistant Chief's absence or inability, then upon the Third Assistant Chief.

§ 20-21 Powers and duties of junior officers.

A. 

Captain. It shall be the duty of each Captain to answer alarms of fire and report to the Volunteer Fire Chief or officer in charge of the fire or emergency. Each Captain shall carry out, or cause to be carried out, all orders given by superior officers. Captains shall report in writing to the Volunteer Fire Chief any loss, damage or malfunction of the apparatus or equipment assigned to the respective company. At the termination of the fire or emergency, each Captain shall supervise the necessary maintenance to restore the apparatus to readiness and dismiss the firefighters under such Captain's command. A Captain shall cause the roll to be called upon returning to headquarters following each alarm or company drill and shall turn the roll call report over to the Volunteer Fire Chief and shall give a copy of the roll call to the Clerk (Secretary) of his or her own company. The roll call shall be submitted on forms provided by the Town for this purpose. The Captain shall call a minimum of eight drills each year for the members under his or her command and shall notify a member of the Board of Engineers prior to any drills called for such Captain's company. Each Captain shall preserve order and discipline in the company at all times and shall assume command at an alarm of fire or emergency as provided in § 20-9. A Captain shall perform such other duties as assigned by the Board of Engineers.

B. 

Lieutenant. In the absence of the Captain, the Lieutenant shall assume the duties of the Captain as outlined in Subsection A.

§ 20-22 Powers and duties of company Clerk (Secretary).

A. 

The Clerk (Secretary) of each company shall keep a record of the proceedings of the company. Each Clerk shall also keep a record of all appointments, resignations or removal of firefighters or officers attached to such company and report such actions, in writing, promptly to the Volunteer Fire Chief. Each Clerk shall, during the month of November of each year, submit in writing, to the Volunteer Fire Chief, the Clerk's company's recommendations for appointment to the Board of Engineers and the offices of Captain and Lieutenant.

B. 

The Clerk shall make such reports to the Board of Engineers as may be requested from time to time by the Volunteer Fire Chief.

§ 20-23 Powers and duties of all firefighters.

A. 

It shall be the duty of every member of the Volunteer Fire Department to respond to each alarm of fire within the Town.

B. 

Each volunteer firefighter shall perform such duties as may be ordered by the Board of Engineers and other line officers and shall at all times work to the best of his of her skill and ability to protect life and property at the scene of the fire or emergency.

C. 

No volunteer firefighter shall be released from duty at an alarm of fire until all apparatus is back in service at the fire headquarters or at the discretion of the officer in charge of the respective firefighter's company.

D. 

It shall be the duty of every volunteer firefighter to attend all drills or training sessions called by such volunteer firefighter's respective company or by the Training Committee.

E. 

It shall be the duty of all volunteer firefighters at all times to observe and abide by the general orders that may be issued from time to time by the Volunteer Fire Chief.

F. 

Each volunteer firefighter shall complete any training that may be required by the State of New Jersey.

§ 20-24 Annual inspection.

It shall be the duty of each member of the Volunteer Fire Department to be present in full dress uniform and stand inspection on the second Saturday of October each year at 6:30 p.m. This inspection shall be held at fire headquarters.

§ 20-25 (Reserved)

§ 20-26 Duty uniforms.

A. 

Each member of the Board of Engineers shall wear an approved protective helmet, white in color. The frontal piece of the helmet shall bear the word "Chief" in prominent letters. In the center of the frontal piece of the helmet shall be a gold-colored Chief's emblem badge designating his or her position on the Board of Engineers. Each Chief shall wear a protective white fire coat.

B. 

Each Captain may wear an approved protective helmet, red in color. The frontal piece of the helmet shall be white in color and bear the word "Captain" in prominent letters in addition to the name of the company of which such Captain is a member.

C. 

Each Lieutenant may wear an approved protective helmet, yellow in color. The frontal piece of the helmet shall be white in color and shall bear the word "Lieutenant" in prominent letters in addition to the name of the company of which such Lieutenant is a member.

D. 

Except as specified in this article, all members shall wear approved and required personal protective equipment at the scene of any incident.

§ 20-27 Badges.

Badges bearing the words "Dover Fire Department" and bearing distinctive numbers shall be provided for each member of the Volunteer Fire Department. Badges will be issued by the Volunteer Fire Chief, and it shall be his responsibility to see that badges are returned within 10 days following the resignation or removal of a member. Badges shall be worn on the left breast of the dress uniform as specified by the regulations for wearing of uniforms of the Dover Volunteer Firemens' Association.

§ 20-28 Dress uniforms.

The dress uniform of the Dover Fire Department shall be specified by the Dover Volunteer Firemens' Association. Dress uniform shall be worn when ordered by the Volunteer Fire Chief.

§ 20-29 Department records.

All records referred to in § 20-19 shall be the property of the Town of Dover and shall be turned over to each Volunteer Fire Chief upon his or her appointment. These records shall remain within the confines of the Municipal Building at all times.

§ 20-30 Computation of length of service.

The length of service for each active firefighter shall be computed from the date of appointment as an active firefighter by the Mayor and Board of Aldermen. The probationary year shall be included when computing a member's length of service.

§ 20-31 Certificates of exemption.

Certificates of exemption shall be issued in accordance with the laws of the State of New Jersey to those members meeting the stated requirements.

§ 20-32 Expenses of Chief and Assistant Chiefs.

Stipends for the Board of Engineers shall be subject to availability of funds in each calendar year budget adopted by the Mayor and Board of Aldermen. The Volunteer Fire Chief shall receive, at a minimum, a stipend of $2,000, and the Assistant Chiefs shall receive, at a minimum, a stipend of $1,100, both payable on a quarterly basis.

§ 20-33 Expenses of firefighters.

Volunteer firefighters who meet the following criteria shall receive every December of each year a stipend consistent with the availability of funds in the adopted municipal budget: 1) attended and answered the alarm of at least 60% of all general alarms of fire and Department or company drills during the year; 2) a maximum of 20 department or company drills may be used in computing the percentage; 3) when an active firefighter has served seven years, one credit shall be given towards his or her percentage for every year of active service. The stipend for volunteer firefighter shall be at a minimum $200. An incentive at a minimum of $100 shall be provided to any member who responds to 60% of all fire calls or 25% of all emergency calls.

§ 20-34 Insurance.

A. 

Life insurance. The Town of Dover shall make available and pay the full premium for each member of the Volunteer Fire Department's participation in a group life insurance program with minimum benefits of $6,500. Upon retirement from active service after 28 years of satisfactory active service, the Town of Dover shall continue to pay the full annual premium for life insurance coverage for the retired member.

B. 

Workmen's compensation. Members of the Volunteer Fire Department shall be covered by workmen's compensation.

C. 

Liability insurance. The Town of Dover shall provide liability coverage for each of the members of the Volunteer Fire Department.

§ 20-35 Complaints against members; procedures, hearings and punishment.

A. 

Complaints against members of Volunteer Fire Department.

(1) 

Anyone witnessing an infraction of this article or the duly posted general order or oral order of the Volunteer Fire Chief by a member of Volunteer Fire Department while on fire duty, during a training session or drill, any dereliction of duty, or for the good cause at any time, may file a written, signed complaint thereof with the Volunteer Fire Chief. Each member complained of shall be considered as a separate complaint.

(2) 

Each complaint must include the name and, if available, the badge number of the member complained of, the date, time, and location of the occurrence and a description of the incident. The complaint must be filed within 10 business days of the date of the incident. The postmarked date of a mailed complaint shall be considered as the filing date.

B. 

Procedure.

(1) 

Upon receipt of a complaint, the Volunteer Fire Chief will notify the Board of Engineers and, before any action is taken thereon, mail a copy of the complaint to the member complained of within 10 business days. This shall be done by certified mail, regular mail, or personal service, and the date of the service shall constitute the date of notice.

(2) 

Should the Volunteer Fire Chief decide to file a complaint himself, he must notify the Board of Engineers and the member complained of before any action whatsoever is taken thereof.

(3) 

Any complaint against the Volunteer Fire Chief by a member of the Volunteer Fire Department shall be addressed to the Board of Past Chiefs, and a copy of same shall be forwarded to the Town Administrator.

C. 

Hearing process.

(1) 

Within 10 business days following the date of the receipt, the Chief shall schedule a hearing before the Board of Engineers at which time the person making the complaint and the member complained of can be heard. If the complaint is against the Chief of the Department, the Board of Past Chiefs will schedule a hearing within 10 business days.

(2) 

The Board of Engineers can impose discipline against a member as follows: verbal reprimand, written reprimand, suspension, or expulsion. If the member does not agree with the discipline imposed, the member may file an appeal with the Board of Past Chiefs within five business days. If the Board of Past Chiefs reprimands the Volunteer Fire Chief, then he can appeal to the Town Administrator. There must be a simple majority of the total members of the Board of Past Chiefs present during the time of the hearing. A verbal reprimand cannot be appealed.

(3) 

If an appeal is made to the Board of Past Chiefs within five business days, a hearing will be scheduled within 20 days from the date of receipt of the appeal. The member complained of shall receive at least seven days' notice prior to the hearing with the Board of Past Chiefs. Witnesses may be called and be heard, and evidence may be presented. Should a member complained of fail to appear at this hearing without good cause shown, the hearing may be conducted in the absence of the member charged.

(4) 

The Board of Past Chiefs can dismiss the charges against the member if they find the charges have not been proved. The Board of Past Chiefs may affirm or modify the discipline imposed.

(5) 

The Board of Past Chiefs can recommend to the Mayor and Board of Aldermen to dismiss a member from the Volunteer Fire Department should they find the charges warranted.

(6) 

If the Volunteer Fire Chief is reprimanded, the Town Administrator shall be notified the next business day.

(7) 

All decisions by the Board of Past Chiefs are final except as provided in this section.

D. 

Constituent complaints.

(1) 

Complaints received by Town officials against a member of the Volunteer Fire Department shall be forwarded to the Volunteer Fire Chief for his action.

(2) 

Complaints against the Volunteer Fire Chief shall be filed with the Town Administrator for his or her action.

(3) 

The Volunteer Fire Chief may appeal to the Mayor and Board of Aldermen the discipline imposed, if any, by the Town Administrator.

§ 20-36
Authority to execute agreement. 

§ 20-37
Terms and conditions of agreement. 

§ 20-36 Authority to execute agreement.

Pursuant to N.J.S.A. 40A:14-26 and N.J.S.A. 40A:14-156.1, the appropriate Town of Dover officials are hereby authorized to execute separate mutual aid agreements with Denville Township, Randolph Township, Mine Hill Township, Rockaway Borough, Rockaway Township, Roxbury Township, Picatinny Arsenal, Borough of Victory Gardens and Wharton Borough for the purpose of fire protection services in the event of an emergency, subject to the following terms and conditions, such terms and conditions to be included in the agreements executed between the Town of Dover and the respective municipalities.

§ 20-37 Terms and conditions of agreement.

The terms and conditions of the agreement shall be as follows:

A. 

That each party agrees that, in the event of a fire emergency within the municipal jurisdiction of the other party, fire protection services and assistance will be provided upon request and to the extent reasonably possible without endangering person or property within the municipality rendering such assistance.

B. 

That all mutual fire aid rendered pursuant to such mutual aid agreements shall be provided without charge or expense to the municipality receiving such assistance. Each party to the mutual aid agreement acknowledges that it shall be solely responsible for the provision of any and all salary and other benefits for its firemen, whether paid or volunteer, rendering assistance within the other municipality, to the same, extent as if such firemen were performing their duties within the municipality providing the assistance.

C. 

That such mutual aid agreements shall have an initial term of one year, and they shall be automatically renewed for additional and successive one-year terms, unless and until one of the parties thereto elects to terminate the agreement, provided that 30 days' prior written notice has been delivered to the other party, by the adoption of an ordinance and delivery of a copy of the same to the Clerk of the other municipality.