[HISTORY: Adopted by the Township Council
of the Township of Maple Shade 8-24-2023 by Ord. No. 2023-12.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 16,
Fire Department, adopted 12-4-1985 by Ord. No. 1985-14 (Ch. 12 of the 1975 Code).
[Amended 12-14-2023 by Ord. No. 2023-23]
There is hereby created and established a fire department for
the Township of Maple Shade, hereinafter referred to as "Township
Fire Department," or "Fire Department," which shall consist of such
members, officers and personnel as the governing body shall deem necessary
for the effective government of the Fire Department. The governing
body is the appropriate authority to exercise legislative authority
to:
A.Â
Provide for the maintenance, regulation and control of the Township
Fire Department.
B.Â
Adopt and promulgate the rules and regulations for the government
of the Fire Department.
C.Â
Determine the terms of office of the members, officers, and personnel,
fix their compensation, and prescribe their powers, functions, and
duties, all as the governing body shall deem necessary for the effective
government of the Fire Department.
D.Â
Authorize the following volunteer fire company(ies) to comprise the
firefighting force:
E.Â
There shall be appointed, by resolution of the Township Council,
firefighters who shall be volunteer employees and part-time employees
of the Maple Shade Fire Department. Said employees shall be hired
in conformance with civil service regulations and applicable state
laws.
F.Â
The Township shall provide liability insurance and workers' compensation insurance covering any member of the volunteer fire company(ies) identified in § 16-1D above.
G.Â
No person shall be appointed as a member of the Maple Shade Fire
Department unless the individual is a minimum of 18 years of age,
possesses a high school diploma or equivalency certificate, is a legal
citizen of the United States, and has been processed through a comprehensive
background investigation and criminal history inquiry. Said appointee(s)
of the Maple Shade Fire Department shall be physically fit to perform
the duties of a firefighter in accordance with NFPA 1001, such fitness
to be evidenced by a certificate to that effect by a physician duly
licensed to practice medicine in the State of New Jersey.
H.Â
Fire police. The Fire Chief of the Maple Shade Fire Department may
designate such fire police as he/she shall deem necessary. Each fire
police person so designated shall serve for a term of one year. The
fire police shall have all authority designated within N.J.S.A. 15:8-1
et seq. The Fire Chief shall notify the Fire Department Administrator
and Fire Marshal of those individuals named as fire police. Persons
designated to be fire police shall be sworn in before the Council.
Fire police shall receive training in crowd control and in traffic
control and shall be issued distinctive safety clothing and equipment
approved by the Fire Department Administrator and the Fire Chief.
At the scene of a fire emergency, the fire police shall also have
the following rights and duties:
(1)Â
Enforce the removal of obstructions to the Fire Company in the performance
of its duties.
(2)Â
Direct traffic at the scene of a fire emergency.
(3)Â
Control crowds at the scene of a fire emergency.
(4)Â
Take possession of goods in a fire emergency and protect the premises
from access by unauthorized persons until the arrival of the owner.
[Amended 12-14-2023 by Ord. No. 2023-23]
All vehicles, fire apparatus, command and support vehicles,
and fire service equipment shall be purchased by the Township of Maple
Shade and be owned by the Township of Maple Shade, assigned to be
utilized by the personnel authorized as part of the Fire Department.
The rules and regulations of the Maple Shade Fire Department
shall be the standard operating procedures, standard operating guidelines,
orders of the Fire Chief, and municipal procedures and directives.
[Amended 12-14-2023 by Ord. No. 2023-23]
The Township Manager shall appoint the Fire Chief, Deputy Fire Chief, Battalion Fire Chief, the Fire Marshal, and Fire Inspector(s), and all other line and engineering officers. Said appointments shall be made on January 1 of each year as formally recommended by the volunteer fire company(ies) identified in § 16-1D above, with the approval of the governing body.
A.Â
The Fire Chief shall meet the following qualifications for appointment:
B.Â
The Deputy Fire Chief shall meet the following qualifications for
appointment:
(1)Â
State of New Jersey Incident Management System Level I certification.
(2)Â
State of New Jersey Hazardous Materials On Scene Commander certification.
(3)Â
National Incident Management System I-100.c and IS-700.b course completion.
(4)Â
Deputy Fire Chief recommended certifications for appointment:
C.Â
The Battalion Fire Chief shall meet the following qualifications
for appointment:
(1)Â
State of New Jersey Incident Management System Level I certification.
(2)Â
State of New Jersey Hazardous Materials On Scene Commander certification.
(3)Â
National Incident Management System I-100.c and IS-700.b course completion.
(4)Â
Battalion Fire Chief recommended certifications for appointment:
D.Â
Fire Captains, Fire Lieutenants and engineering officers shall meet
the following qualifications for appointment:
The Township Council, Township Manager, and Fire Department
Administrator shall work with the Fire Chief annually on the formation
and adoption of a Fire Department budget, and throughout the fiscal
year for the purposes of funding the Fire Department operation and
eliminating any need for volunteer fire company fundraising efforts.
A.Â
Establish a budget for the operating expenses of the Fire Department,
to be the minimum provided for firefighting purposes, to include,
but not limited to, payment for insurance, the purchase of Class A
and Class B uniforms, the purchase of equipment and other materials
determined to be essential to the operation of the Fire Department,
maintenance and repair of firefighting equipment, apparatus and vehicles,
education and training of Fire Department personnel.
B.Â
Provide for the replacement of durable goods and equipment, apparatus
and vehicles under an annual capital improvement program that is a
component of the municipal budget.
C.Â
Pursuant to N.J.S.A. 40A:14-33 and N.J.S.A. 40A:14-34, the Township of Maple Shade and the volunteer fire company(ies) identified in § 16-1D above shall execute annually a binding grant agreement between parties to authorize the annual transfer of public funds from the Township of Maple Shade to the volunteer fire company(ies) identified in § 16-1D above.
[Amended 12-14-2023 by Ord. No. 2023-23]
A.Â
Fire Chief. The Fire Chief shall be directly responsible to the Township
Manager and the Fire Department Administrator for the efficiency and
daily operation of the Maple Shade Fire Department. Furthermore, pursuant
to policies established, the Fire Chief shall:
(1)Â
Comply with and enforce all of the rules, regulations and special
emergency directives issued by the State of New Jersey, and the government
of the United States, for the disposition and discipline of the Maple
Shade Fire Department, to include the officers and members of the
Fire Department.
(2)Â
Comply with and enforce all of the rules, regulations, and special
emergency directives issued by the Township of Maple Shade for the
disposition and discipline of the Maple Shade Fire Department, to
include the officers and members of the Fire Department.
(3)Â
Prescribe the duties and assignments of all members, officers and
personnel.
(4)Â
Delegate such authority as deemed necessary for the efficient operation
of the Maple Shade Fire Department.
(5)Â
The Fire Chief or the designated officer(s) of the Fire Department
shall be responsible to complete, maintain and properly report the
record of all Fire Department alarms for service, records of training,
testing and maintenance of equipment and apparatus, and satisfy all
regulatory requirements that are commensurate with the operation of
a municipal fire department, to include but not limited to the origin
and cause investigation of fires resulting in a loss, fire service
training and certification requirements, respiratory protection program
requirements, hazardous communication program requirements, and the
annual reporting of injury and illness of Fire Department personnel.
(6)Â
Authority at fires. In the absence of a chief officer at a fire,
the first line officer to arrive at the scene shall assume command
until the arrival of a chief officer. In the absence of an officer,
the first senior person to arrive at the scene other than the driver
shall assume command until the arrival of an officer. The person in
command at a fire or other emergency shall have full police authority
and is authorized and directed to require and secure the removal of
any and all obstructions in and around the danger zone and is authorized
to request assistance from other municipal departments as may be required
in the performance of the duties of the Fire Department.
B.Â
Fire Department Administrator. Authority:
(1)Â
There shall be a Fire Department Administrator. The Fire Department
Administrator shall be a department head of the Township and appointed
in accordance with provisions of law and shall be subject to removal
by Township policy and procedure. The Fire Department Administrator,
in cooperation with the Fire Chief of the Maple Shade Fire Department,
shall coordinate for the management of the Fire Department.
(2)Â
The Fire Department Administrator and Township Manager shall be a
liaison between the Maple Shade Fire Department and the Township Council.
(3)Â
The Fire Department Administrator shall be technically qualified
by certification, training and experience equal to that of a Fire
Chief and in accordance with the State of New Jersey Division of Fire
Safety recommendations.
(4)Â
The Fire Department Administrator, working with the Fire Chief and
the officers of the Maple Shade Fire Department, shall ultimately
have general administrative authority over the Maple Shade Fire Department.
This shall include the compliance of the Fire Department performance
in accordance with state and federal regulations, and industry standard
best practices. This will also include recommendations to Council
as to the future addition and/or removal of fire stations from service
as well as the placement of any future buildings based on statistical
data.
(5)Â
The Fire Department Administrator shall oversee and institute the
municipal policies, procedures and guidelines as needed for the efficient
operation of the Township of Maple Shade Fire Department.
(6)Â
The Fire Department Administrator shall oversee all municipal spending
on fire equipment, apparatus, and ancillary needs and on a yearly
basis shall provide an annual budget to the CFO for subsequent approval
by Mayor and Council for the operations of the Maple Shade Fire Department.
(7)Â
The Fire Department Administrator shall be advised immediately by
the Fire Chief of any/all accidents involving municipal resources,
injuries to personnel, initial disciplinary actions against members,
and any/all other incidents involving Township-owned equipment, facilities,
and apparatus, including, but not limited to, theft, misuse, damage
and/or loss. For the purposes of this section, the term "immediately"
shall be defined as verbal communication within two hours of any trigger
event described above and followed up, in writing, within 24 hours.
(8)Â
The Fire Department Administrator shall be paid in accordance with
the annual salary ordinance.
(9)Â
The Township Manager, with the consent of the Mayor and Council and
by recommendation of the Fire Department Administrator, may appoint
a Deputy Fire Department Administrator. The Deputy Fire Department
Administrator shall be appointed in accordance with the provisions
of law and shall be subject to removal by the Manager as provided
by law. The Deputy Fire Department Administrator shall be assigned
duties and responsibilities as appropriate by the Fire Department
Administrator and, in cooperation with the Fire Chief, shall coordinate
the administration of the Fire Department and the performance of the
Volunteer Fire Company in emergencies, in drills and in the providing
of outside aid.
(10)Â
The Fire Department Administrator, or in his/her absence and/or by
assignment by the Deputy Fire Department Administrator the Fire Chief
or Deputy Fire Chief(s), shall be responsible for overseeing the daily
administration and operations of the Fire Department and shall be
directly responsible for the efficiency and routine day-to-day operation
of the Department.