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Township of Nutley, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Nutley as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
First Aid Squad — See Ch. 60.
Hazardous Materials Response Team — See Ch. 68.
Longevity program for Fire Department — See Ch. 103, Art. I.
Police Department — See Ch. 131.
Residency requirements for Fire Department — See Ch. 148, Art. II.
Salaries and compensation — See Ch. 154.
Fire prevention — See Ch. 344.
[Adopted 6-17-1919; amended in its entirety 11-1-1966 by Ord. No. 1965 and 5-15-1979 by Ord. No. 1973 (Ch. 20, Art. I, of the 1978 Code)]
[Amended 12-20-1994 by Ord. No. 2448]
The Fire Department of the Township of Nutley shall consist of:
A. 
A company of full-time firemen designated as "Headquarters Company."
B. 
Three companies of volunteer firemen designated as "Yantacaw Chemical Company No. 1," "Hose Company No. 1" and "Hose Company No. 2."
C. 
A Hazardous Materials Response Team.[1]
[1]
Editor's Note: See Ch. 68, Hazardous Materials Response Team.
The complement of each company shall be regulated by the needs of the Township as determined by the Director of Public Safety.
No person shall become a member of the Fire Department unless he possesses the following qualifications:
A. 
The ability to read and write the English language.
B. 
Citizenship in the United States.
C. 
Residence in the Township of Nutley at least one year when applying as a volunteer.
D. 
Conformance with the age requirements of the Civil Service Commission.
E. 
Good moral character.
F. 
Certification by the Township Physician that he is in good physical condition.
[Amended 2-16-1982 by Ord. No. 2073; 9-17-1985 by Ord. No. 2146; 3-2-1999 by Ord. No. 2563; 3-2-2004 by Ord. No. 2833; 7-5-2007 by Ord. No. 3012; 1-3-2023 by Ord. No. 3507]
A. 
The officers of the Fire Department shall consist of:
(1) 
Chief.
(2) 
Deputy Chief.
(3) 
Four Captains.
(4) 
Five Lieutenants.
(5) 
Three Assistant Chiefs.
(6) 
One Secretary.
(7) 
Police and Fire Signal Systems Superintendent.
B. 
The Director of Public Safety shall have the discretion to designate up to two additional Captains and Lieutenants.
[Amended 1-3-2023 by Ord. No. 3507]
The Chief of the Fire Department shall be a full-time member of the Nutley Township Fire Department and shall be appointed by the Director of Public Safety. He/she shall have sole and entire control over the Fire Department and shall report directly to the Director of Public Safety.
[Added 2-16-1982 by Ord. No. 2073; amended 9-17-1985 by Ord. No. 2146; 3-2-1999 by Ord. No. 2563; 3-2-2004 by Ord. No. 2833]
The Deputy Chief shall be a full-time member of the Department, appointed by the Director of Public Safety, and shall have those duties and responsibilities as are set forth by the Department of Personnel (Fire Captain, Management Specialist), together with the Rules and Regulations of the Nutley Fire Department.
[Amended 3-2-1999 by Ord. No. 2563; 1-3-2023 by Ord. No. 3507]
The Assistant Chiefs shall be volunteer firefighters who shall have served as active volunteer firefighters for at least three years. One from each volunteer company shall be appointed by the Director of Public Safety for a term of two years.
[Added 7-5-2007 by Ord. No. 3012]
The Lieutenants shall be full-time members of the Department assigned to Headquarters Company.
[Amended 3-2-1999 by Ord. No. 2563]
The Captains shall be full-time members of the Department assigned to Headquarters Company.
[Added 9-17-1985 by Ord. No. 2146; amended 3-2-1999 by Ord. No. 2563]
A. 
The Fire Official shall be a full-time member of the Department. He shall be a Fire Subcode Officer, as defined by the New Jersey Department of Personnel, and shall be appointed by the Director of Public Safety.
B. 
The Fire Official shall enforce the provision of the Uniform Fire Code within the Township of Nutley and shall supervise a sufficient number of inspectors to fulfill his responsibilities.
C. 
The duties and responsibilities of the Fire Official are assigned to and shall be assumed by the Deputy Chief.
[Amended 3-2-2004 by Ord. No. 2833]
[Amended 7-7-1987 by Ord. No. 2198]
The Secretary of the Fire Department shall be a volunteer fireman who shall have served for at least three years. He shall be appointed by the Director of Public Safety for a term of two years. The Secretary shall have the honorary rank of Assistant Chief of the Fire Department, except at fire scenes.
The Police and Fire Signal Systems Superintendent shall be appointed by the Director of Public Safety. He shall have charge of, supervise and maintain the fire and police alarm systems and the traffic signal system of the Township of Nutley and shall perform such other duties as shall be assigned to him by the Director of Public Safety.
[Amended 2-16-1982 by Ord. No. 2073]
There shall be appointed by the Director of Public Safety a Police and Fire Signal Systems Repairman, who shall assist the Superintendent in all his duties.[1]
[1]
Editor's Note: Original § 20-11, Civilian dispatchers, which immediately followed this section, was repealed 2-16-1982 by Ord. No. 2073.
Salaries, wages and reimbursements shall be in accordance with the current Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 154, Salaries and Compensation.
The hours of actual duty of each full-time member of the Fire Department shall be determined by the Director of Public Safety.[1]
[1]
Editor's Note: Original § 20-13.1, Acting shift commander, which immediately followed this section, added 9-1-1987 by Ord. No. 2209, was repealed 7-5-2007 by Ord. No. 3012.
Each volunteer company shall adopt a constitution and bylaws for governing its affairs, and said constitution and bylaws shall conform to and not be inconsistent with the provisions of this chapter or the rules and regulations of the Fire Department promulgated by the Director of Public Safety.
No person shall become a member of a volunteer company until he has been elected a member in the company to which he has made application and his election has been approved by the Chief of the Fire Department, the Director of Public Safety and the Board of Commissioners. If the applicant is approved, the Township Clerk shall notify the Secretary of the fire company that the applicant has been accepted as a member. If the applicant is rejected, the Township Clerk shall so notify the Company Secretary, giving the reason for rejection.
[Amended 7-7-1987 by Ord. No. 2202]
The general government and discipline of the Fire Department of the Township of Nutley shall be according to the rules and regulations contained in a certain volume entitled "Rules and Regulations for the Government of the Officers and Members of the Township of Nutley Fire Department," which rules and regulations are hereby adopted in their entirety as and for the official rules and regulations of the Fire Department of the Township of Nutley. The Chief of the Fire Department shall be responsible for the distribution and dissemination of said rules and regulations among the members of the Fire Department, and the Township Clerk shall maintain no fewer than two copies of each of said rules and regulations on file and available for inspection by any and all interested persons. The Director of Public Safety shall be responsible for the administration and enforcement of all said rules and regulations and shall be empowered to delegate the administration and enforcement to the Chief of the Fire Department or superior officer serving as Acting Chief of the Fire Department. Notwithstanding the foregoing, the Director of Public Safety and the Chief of the Fire Department shall be authorized, empowered and responsible for issuing, promulgating, modifying, amending and enforcing any rules, regulations, orders and commands as shall be necessary and appropriate for the efficient and orderly administration of the Fire Department, including the foregoing rules and regulations hereby adopted.
Membership certificates showing date of election shall be issued to all members, signed by the Director of Public Safety, the Township Clerk and the Chief of the Fire Department, with the corporate Seal of the Township attached, within 60 days after approval by the Board of Commissioners.
Exemption certificates shall be issued to those members of the Fire Department who have served the time prescribed by law and have performed the percentage of fire duty required. Exemption certificates shall be issued by the Board of Commissioners, with the Township Seal attached, upon recommendations of the Chief of the Fire Department, and shall be signed by the Director of Public Safety, the Township Clerk, the Chief of the Fire Department and the Secretary of the Fire Department.
[Added 10-5-1982 by Ord. No. 2094]
A. 
There is hereby established in the Fire Department of the Township of Nutley an Arson Investigation Unit. The Arson Investigation Unit shall be responsible for conducting investigations of arson, suspicious fires or explosions within the Township.
B. 
The Arson Investigation Unit shall consist of such members of the Headquarters Company as the Chief of the Fire Department, with the approval of the Director of Public Safety, shall designate.
C. 
Before any member shall be assigned to the Arson Investigation Unit, he shall have successfully completed a basic training course for police officers at a school approved by the Police Training Commission and an arson investigation training course approved by the New Jersey Department of Law and Public Safety.
D. 
Any member who is assigned to the Arson Investigation Unit shall attend and successfully complete in-service training programs as required by the Division of Criminal Justice.
E. 
Any member who is assigned full-time to the Arson Investigation Unit shall have the same powers and authority of police officers within the municipality while engaged in the actual performance of arson investigation duties. Such member is hereby authorized to carry a firearm while engaged in the actual performance of arson investigation duties.
[Adopted 12-20-1994 by Ord. No. 2448 (Ch. 20, Art. II, of the 1978 Code)]
[1]
Editor's Note: See also Ch. 131, Police Department, Art. III, Extra Duty Assignments.
The local School Board or any private entity or individual may hire Fire Officers for extra duty assignments. Applications describing the specific nature of the services being requested shall be submitted to the Executive Officer of the Fire Department who shall determine the propriety of such request. Extra duty assignments that are approved shall be made available to members of the Fire Department who may wish to engage in such activities.
The local School Board, private entity or individual requesting services pursuant to this article shall be responsible for the cost of such services as set forth in § 57-24. The Township Treasurer shall issue to each such recipient of services a statement of charges which shall be payable to the Township within 10 days.
A. 
Hourly rates for extra duty assignments shall be established annually by resolution of the Board of Commissioners. The rate charged shall be no more than the maximum hourly rate and no less than the minimum hourly rate received by firemen in accordance with the annual Salary Ordinance[1] and such sum as may be required by the Township to cover the administrative costs of providing such services.
[1]
Editor's Note: See Ch. 154, Salaries and Compensation.
B. 
When the services of a superior officer are specifically requested or required, the rate charged shall be no more than the maximum hourly rate and no less than the minimum hourly rate received by superior officers of such requested or required rank in accordance with the annual Salary Ordinance and such sum as may be required by the Township to cover the administrative costs of providing such services.
C. 
Administrative costs shall be waived for any extra duty assignment performed for the Nutley Board of Education.
The Township Treasurer shall pay to any firefighter performing extra duty assignments such amount earned, less administrative costs and regular payroll deductions. Payment to officers shall be made during the next regular pay period following the performance of any extra duty assignment.
The performance of any extra duty assignment is contingent upon the Township's ability to provide the necessary manpower through the employment of off-duty personnel. In the event that the Fire Department fails to perform or complete any extra duty assignment, the Township's liability shall be limited to refunding any fee or portion thereof received as payment for such services.