[Amended by Ord. No. 5-82; Ord. No. 12-84; Ord. No. 15-93; 5-22-2000 by Ord. No. 9-2000; 6-26-2006 by Ord. No.
02-06]
A.
The Mountain Lakes Volunteer Fire Department (hereinafter
called the "Fire Department") shall consist of a Chief, a Deputy Chief,
an Assistant Chief, four Captains, Lieutenants as needed at the discretion
of the Chief, an Administrative Officer and the fire fighters who
at the present time constitute the Mountain Lakes Volunteer Fire Department,
and such other members as may hereafter be appointed by the Borough
Council, provided that they meet the eligibility requirements to perform
the duties of a fire fighter.
B.
The Chief, Deputy Chief, Assistant Chief and the Administrative
Officer shall be appointed by the Borough Council for a term of one
year. Vacancies shall be filled by the Council for the unexpired term
only. Captains and Lieutenants shall be appointed by the Chief for
a term of one year. All appointments, except to fill vacancies, shall
be made to take effect on January 1. The Chief, Deputy Chief, Assistant
Chief, Administrative Officer, Captains and Lieutenants shall constitute
and be called the "Board of Officers" of the Fire Department. They
shall make rules and regulations for the Department, not inconsistent
with the laws of this state or the ordinances of the Borough, as they
may deem advisable.
The Fire Department shall consist of not more
than 50 members, unless the Council shall by resolution provide otherwise.
The members of the Fire Department, whenever any vacancy or vacancies
shall exist in its ranks, shall nominate for the consideration of
the Board of Officers such qualified persons as apply for membership
in the Fire Department, based on the date of application, and the
Board of Officers shall examine the qualifications of the person so
nominated. If it approves the nomination, the Board shall recommend
such nominee to the Borough Council for appointment. The nominee shall
also have completed an application for membership and passed a physical
examination by a qualified physician meeting the requirements of OSHA
1910:136 Respiratory Medical Exam. No appointed member shall be less
than 18 years of age. The nominee, if between the ages of 18 and 45
years, shall be offered an application to the New Jersey State Firemen's
Association.
Each member of the Fire Department shall receive
a certificate of membership duly executed and signed by the Chief
based on the date of appointment by the Council. He shall also receive
a badge, which shall be and remain the property of the Borough. The
term of service of each member shall begin as of the date upon which
the membership certificate is issued.
A.
Each new member shall serve a minimum one-year probationary
period during which he shall be required to attend a minimum of 50%
of fires and call-outs, drills and the Morris County Fire Fighters
and Police Training Academy or its equal which is deemed acceptable
by the Board of Officers and those supplementary drills scheduled
for new members. Failure to do such without excuse by the Chief shall
be a cause for removal from the Fire Department.
B.
The percentage of required attendance described above
may be applied to and enforced on all members regardless of length
of service.
C.
Each person who shall become a member of the Fire
Department shall promise to perform the duties as are now or hereafter
prescribed by ordinance or otherwise.
D.
Each member shall observe faithfully and enforce strictly
all the provisions of this article and report to the Chief all violations
which may come to his knowledge.
A.
No member shall be removed except upon charges. Charges
of misconduct or of any violation of any of the provisions of this
article or of the regulations of the Fire Department or of neglect
or refusal to perform his duty, or any other charges, may be made
by the Chief, any member of the Borough Council, or by any citizen.
B.
Any such charges shall be in writing and shall be
presented to the Borough Council at its next regular meeting. The
Borough Council shall, upon receiving such charges, refer the matter
to the Board of Officers, which shall forthwith cause a written notice
to be served upon the person complained of, stating the charges in
full and specifying the time and place at which he may be heard in
his defense.
C.
The Borough Council may suspend any member against
whom charges are filed, pending a final decision thereupon.
The Fire Department shall hold its annual meeting
on the second Tuesday of December of each year and shall, at such
meeting, elect a President, Vice President, Secretary and Treasurer
to serve for the ensuing year. The Fire Department shall also nominate,
for presentation to the Council, a Chief, Deputy Chief, Assistant
Chief and an Administrative Officer.
A.
The President of the Fire Department shall preside
at all meetings of the members of the Fire Department and shall perform
such other duties which may be prescribed by the bylaws of the Department.
The Vice President shall act for the President in the event that the
President is absent.
B.
The Secretary of the Fire Department shall:
(1)
Keep a record of the meetings of the members of the
Department for the transaction of business.
(2)
Keep a record of all appointments, transfers, resignations
or removal of members and of the rules and regulations of the Department.
(4)
Keep the roll of the Department in a legible and proper
manner in a roll book to be provided for that purpose by the Borough
Council.
C.
The Treasurer of the Fire Department shall have custody
of all funds of the Department and shall perform such other duties
as may be prescribed by the bylaws of the Department.
D.
The members of the Fire Department may adopt such
bylaws and regulations for their government, subordinate to the ordinances
of the Borough and not inconsistent with the rules and regulations
of the Board of Officers, as they may deem useful and proper in the
discharge of their duties.
A.
Fire command; duties of the Chief. The Chief, acting
as Incident Commander, shall in all cases of fire threatening damage
or destruction of property within the Borough take prompt and efficient
measures and use the means of the Department to extinguish the same
and shall, at such times and on occasions of fire alarm, have sole
and absolute control and command over all fire engines and other fire
apparatus and all members of the Fire Department and all persons aiding
or assisting the Fire Department in cases of actual fire.
(1)
In the absence of the Chief at any fire, the incident
command shall devolve upon the Deputy Chief or Assistant Chief in
the order of their rank; in the absence of the Deputy Chief or Assistant
Chief, the incident command shall devolve upon the first Captain arriving
upon the scene; in the absence of a Captain, the incident command
shall devolve upon the first Lieutenant arriving upon the scene; and
in the absence of any such member of the Board of Officers, the incident
command shall devolve upon the first and most experienced senior member
arriving on scene.
(2)
The Incident Commander, when a fire occurs and when
it may be necessary for the preservation of order and the protection
of property, shall form lines a safe distance from the fire, on any
or all sides thereof. No person shall be permitted to remain within
the lines, or to pass the lines from without, except under the direction
of the Incident Commander.
B.
Duties and compensation of the Administrative Officer.
The Administrative Officer shall receive an annual stipend of an amount
published and adopted in the annual salary ordinance. The Administrative
Officer will, as directed by the Chief, be responsible for:
(1)
Procuring equipment, communication devices, supplies
and items necessary for the Department, including but not limited
to preparing and completing requisitions in accordance with Borough
procedures; receipt and forwarding of the purchase order for the Borough
to the vendor; receipt, inspection and acceptance of purchased item(s);
matching vendor invoices with purchase orders; resolving discrepancies
and filing; and approving invoices for payment;
(2)
Acting as the vendor and Borough contact for required
uniform, air bottle, equipment and communication device repair, maintenance
and procurement;
(4)
Assuring compliance with all regulations affecting
the Department from any and all agencies and authorities, including
but not limited to keeping current, receiving, reviewing, and monthly
reporting (including presenting a copy of such materials and documents)
to the Board of Officers at its monthly meeting on all new such regulatory
compliance;
(5)
Assisting the Chief in updating and maintaining Department
plans;
(6)
Receiving and distributing all mail; and
C.
Fire Department members. Members of the Fire Department
shall:
(1)
In case of fire alarm, report immediately to the engine
house, or report in accordance with the regulations of the Board of
Officers or as may be directed by a member of the Board of Officers.
At the scene of a fire they shall, in conformity with the directions
given by the member in charge, work and manage the fire engines and
other fire apparatus with all their skill and power. When the fire
has been extinguished they shall not leave the scene except by direction
of the Incident Commander.
(2)
In going to or from any fire or alarm of fire, or
removing fire apparatus from its place of deposit or returning it
thereto, obey any and all orders of a member of the Board of Officers.
(3)
When on duty, wear the badge of the Fire Department
or such other distinguishing equipment or apparel as the Board of
Officers may by regulation specify.
D.
Nonmembers. Any person not a member and present at
a fire acting under the direction of the Fire or Police Department
shall be subject to the orders of the Incident Commander.
Any member of the Board of Officers is hereby
empowered to use the means of the Fire Department to extend aid to
other communities if necessary.
A.
The Chief, or the Chief's designated representative,
shall examine or cause to be examined at least once in each month,
and more often if necessary, the engine house or houses, fire engines,
hose and other fire apparatus and shall keep a record of the date
of such examinations and in what condition the fire engines, hose
and other fire apparatus were respectively found to be.
B.
He shall superintend and direct all ordinary and necessary
repairs to any engine house, fire engine or other fire apparatus,
and the construction, erection or purchase of new engine houses, fire
engines or other fire apparatus which may be ordered to be built,
constructed or purchased, and shall examine and certify all accounts
therefor.
C.
All apparatus, accessories, vehicles, equipment and
supplies necessary for the maintenance and operation of the Fire Department
shall be the property of the Borough.
D.
He shall keep or cause to be kept a record of all
alarms of fire, and of all fires which may happen within the Borough,
and the cause thereof, whenever such cause can be ascertained, and
a description of the building and/or property injured or destroyed,
the name or names of the owners or occupants, and a description of
loss in each case, as nearly as can be ascertained, on careful and
diligent inquiry. Each property owner shall furnish any and all such
information to the Chief upon request. The Chief shall also keep or
cause to be kept a record of all violations of the Borough ordinances
relating to the Fire Department and the prevention and extinguishment
of fires which may come to his knowledge and shall, without delay,
report such violations to the Borough Attorney for prosecution. All
such records shall be made in suitable books to be provided for that
purpose.
E.
At the end of each month, the Chief shall make out
and present to the Borough Council at its first regular meeting thereafter
a report showing the number of alarms of fires and the number of fires
which have occurred during the month and a description of loss by
fire, as nearly as can be ascertained, and also the condition of the
engine houses, fire engines and other fire apparatus, with such particulars
and recommendations in relation thereto as the Borough Council may
deem necessary and proper.
A Junior Fire Department may be established
in conjunction with the Fire Department. This Junior Fire Department
shall be established as a distinct entity from the Fire Department.
It shall be controlled by the Fire Department and shall consist of
Borough residents or Boonton Township residents attending Mountain
Lakes High School at least 16 years of age. Applicants for the Junior
Fire Department shall be screened by the Fire Department Board of
Officers.
A.
Code adopted by reference. There is hereby adopted
for the purpose of providing standards for safeguarding life and property
from the hazards of fire and explosion arising from the storage, handling
and use of hazardous substances, materials and devices, and from conditions
hazardous to life or property in the use or occupancy of buildings
or premises, the BOCA Basic Fire Prevention Code, 1984, published
by Building Officials Conference of America, Inc. Each and all of
the regulations, provisions, conditions and terms of the BOCA Basic
Fire Prevention Code, 1984, are hereby referred to, adopted and made
a part of this article as if fully set out herein, together with the
additions set forth hereinafter.
B.
Public record. Three copies of the printed code have
been placed on file in the office of the Borough Clerk and shall remain
on file for the examination of the public so long as this article
shall remain in effect.
A.
No person, except members of the Fire Department,
shall at any time enter any engine house and handle or remove therefrom
any fire engine or other fire apparatus, unless by permission or instruction
of any officer. Any person who shall handle or remove any fire engine
or equipment in violation of the provisions of this section, or who
shall injure or mutilate at any time or place any fire engine or other
fire apparatus or any hydrant or fireplug, or who shall draw water
therefrom for any purpose except when properly and lawfully engaged
in examining its condition or in using it for fire engines, shall
for each and every offense be subject to fine of not more than $7,500
or imprisonment for not more than 18 months, or both, and shall be
liable for all damage or injury done.
B.
Any person who shall willfully hinder or molest or
attempt to do any violence to any member of the Fire Department or
to any other Borough officer while in the performance of his duty
at a fire, in going to or returning from a fire or any alarm of fire,
or of any other official duty shall be subject to a fine of not more
than $7,500 or imprisonment for not more than 18 months, or both.
C.
Any person who shall raise, create, or continue a
false alarm shall, for each offense, be subject to a fine of not more
than $7,500 or imprisonment for not more than 18 months, or both.
D.
Any person who shall falsely claim or represent membership
in the Fire Department or who shall maliciously, or with intent to
deceive, use or imitate any of the signals or devices adopted and
used by the Fire Department, or who shall wear in public the badges
or insignia prescribed to be worn by members of the Fire Department,
shall be subject to a fine of $50.
