[HISTORY: Adopted by the Borough Council
of the Borough of Carteret as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-15-1970 as Ch. III of
the 1970 Revised Ordinances, as amended through 3-5-1974. Subsequent
amendments noted where applicable.]
There is hereby established the Fire Department
of the Borough of Carteret.
[Amended 1-19-1984 by Ord. No. 84-2; 5-17-1990 by Ord. No. 90-20]
A.
The Fire Department shall consist of the following
civil service job titles: Fire Chief,[1] Fire Lieutenant and as many Firemen as may from time to
time be deemed necessary or essential by the Council, all of whom
shall be appointed by the Council.
[Amended 9-19-2019 by Ord. No. 19-23]
[1]
Editor's Note: Ord. No. 19-23 provided that in the absence
of a Fire Chief, the Borough may utilize the title of Battalion Chief
and that the Fire Chief shall exercise all of the authority, duties
and responsibilities of the Battalion Chief under the Code.
B.
Fire official. The position of Fire Official, as created by § 128-19, Fire Official, of the Fire Prevention Ordinance of the Borough of Carteret, is adopted by reference requiring the appointment of one of the captains as Fire Official is hereby established. Said captain who shall serve as the Fire Official for the Borough shall be appointed by the governing body in accordance with § 128-19A and B. (Ordinance 85-32, Section 6, is referred to by reference.)
[Added 5-7-2020 by Ord. No. 20-09]
There shall also be established the position of a civilian Department
Head/Director for the Department who, at the direction of the appropriate/appointing
authority, as the case may be, shall assist and work with the Fire
Chief or Battalion Chief on such administrative matters as departmental
budgeting, equipment purchasing and maintenance, personnel and training,
and the like.
The Fire Department shall be under the direct
supervision of the Fire Committee of the Borough Council, and all
firemen shall be under orders of the Volunteer Fire Chief when fighting
fires or drilling.
[Amended 5-7-2020 by Ord. No. 20-09]
The Fire Chief, or Battalion Chief, shall be
responsible directly to the Borough Council. Once appointed, he shall
serve during good behavior and shall not be removed except for cause
only and after being notified, in writing, of the charges against
him and shall be afforded a public hearing. He shall be in complete
charge of the Fire Department and shall supervise and determine all
schedules of work and vacations. He shall be responsible for the proper
maintenance of all fire-fighting equipment and firehouses, including
trucks, and shall keep the same in good, proper and satisfactory working
order at all times. As part of his duties, he shall perform all the
functions assigned to the Chief of the Bureau of Fire Prevention,
including the issuance of all permits. As part of this duty, he shall
cause to be inspected, as frequently as may be directed by the Fire
Underwriters, all industrial, commercial and public buildings and
shall enforce all state and local fire laws and maintain all records
of inspections.
B.
Temporary leave.
(1)
Members of the Fire Department shall be allowed three
days off from their duties when a death occurs in the immediate family.
"Immediate family" shall mean wife, son, daughter, mother, father,
sister, brother, grandfather, grandmother, mother-in-law, father-in-law,
brother-in-law and sister-in-law. In case of death of another relative,
the member will be entitled to one day's leave on the day of the funeral.
(2)
All temporary leaves of absence shall be cleared through
the Fire Chief, or Battalion Chief, subject to the approval of the
Mayor.
[Amended 5-7-2020 by Ord. No. 20-09]
D.
Sick leave. Members of the Fire Department are entitled
to 15 days' sick leave a year, which time is accumulated from the
date of appointment. When a member is injured during his tour of duty,
the time off shall not be charged against his sick leave, nor shall
sick leave time be charged against him on his regular day off or vacation
time.
A.
All members of the Fire Department are required to
be permanent residents of the Borough. They shall be required to report
their places of residence and telephone numbers to the Fire Chief,
or Battalion Chief, and to report any change of address or telephone
number within 24 hours after such change occurs. All members are required
to have a thorough knowledge of state laws and all Borough ordinances
relating to fire.
[Amended 5-7-2020 by Ord. No. 20-09]
B.
All fire fighters (No. ls) shall be certified emergency
medical technicians (EMTs) at the time of their hire and shall further
maintain said certification in good standing during the course of
their employment with the Borough.
[Added 4-20-2006 by Ord. No. 06-20]
All promotions shall be made in conformity with
civil service rules and regulations.
[Amended 5-7-2020 by Ord. No. 20-09]
The Council shall establish by resolution and
may from time to time amend and repeal by resolution such rules and
regulations as it may deem necessary for the government and efficient
working of the entire Department. The rules and regulations, when
adopted, shall be posted by the Fire Chief, or Battalion Chief, in
the firehouse within five days after their adoption and a copy thereof
delivered to each member of the Department within five days after
their adoption or any amendment or repeal thereof.
A.
Every member of the Fire Department shall be subject
to reprimand, deduction of pay, loss of vacation days, suspension
from duty, reduction in rank or dismissal, according to the nature
of the offense, for any of the following causes or for any violation
of the rules and regulations governing the Fire Department:
(1)
Drinking intoxicating liquors, being visibly under
the influence of liquor, drugs or other compounds while on duty or
in uniform and visiting while on duty, except in the performance of
fire duty, any saloon, tavern, liquor store, club or premises where
alcoholic beverages are sold or dispensed. Intoxication while on duty
shall be deemed to be one of the most serious offenses.
(2)
Absence without leave and absence from post of duty
without a just cause.
(3)
Willful disobedience of lawful orders.
(4)
Using indecent, profane or harsh language.
(5)
Insubordination or disrespect to a superior officer.
(6)
Using unnecessary force or violence or committing
assault and battery upon a citizen or a fellow member of the Fire
Department while on duty.
(7)
Neglect in paying just debts contracted while on the
force.
(8)
Immorality, indecency or lewdness or contracting venereal
disease.
(9)
Incapacity, either mental or physical, lack of energy
or gross ignorance of the laws or rules and regulations of the Fire
Department.
(10)
Violation of any criminal law.
(11)
Conduct unbecoming an officer or gentleman.
B.
Drugs.
[Added 1-17-1991 by Ord. No. 90-53]
(1)
All firemen of the Carteret Fire Department must disclose
the use of any drug (prescription and over-the-counter) which may
impair job performance.
(2)
All firemen must report evidence of suspected drug
use by other officers to Department superiors.
(3)
All firemen will be required to submit to mandatory
drug testing whenever there is individualized reasonable suspicion
to believe that they have been unlawfully using or abusing drugs.
(4)
All firemen who refuse to submit to lawful orders
to undergo drug testing or who produce positive test results for unlawful
drug use will be dismissed from employment.
(5)
A trainee who produces a positive test result indicating
unlawful drug use or who refuses to submit a urine sample will be
dismissed from the training academy and from his Fire Department position,
subject to a hearing.
(6)
Permanently appointed firemen will be required to
undergo further mandatory drug screening whenever there is individualized
reasonable suspicion to believe that the fireman is unlawfully using
drugs. Firemen will be tested under these circumstances only with
the approval of the County Prosecutor or chief executive officer of
the Department or his designees.
(7)
Permanently appointed firemen who produce positive
confirmed results indicating unlawful drug use that are upheld after
a fair and impartial hearing will be dismissed from employment.
(8)
A permanently appointed fireman who willfully refuse
to submit to urinalysis when there is reasonable suspicion to believe
that the fireman is using drugs will be dismissed from employment,
if, after a fair and impartial hearing it is determined that the fireman
was properly ordered to undergo testing.
(9)
All supervisors in the Fire Department will be required
to undergo in-service training in substance abuse detection.
(10)
Any changes in policy and procedure guidelines will
be incorporated into rules and regulations as changes occur.
[Added 9-2-1998 by Ord. No. 98-42]
B.
Amount of contribution.
(1)
The Borough will contribute to the plan for all active members who meet the requirements outlined in Subsection C in the amount of $500 yearly per qualifying member.
(2)
All active members of the Carteret Volunteer Fire
Department at the time of passage of this section, prior to the public
question, shall receive credit for past service not to exceed 10 years
at a rate of $200 per year for each year of service, payable 50% in
the year 1999 and 50% in the year 2000.
(3)
All additional $100 per year shall be contributed
to the account of each line officer and company officer.
(4)
The amount so designated in Subsection B(1) shall
increase each year by multiplying the consumer price index as defined
by N.J.S.A. 40A:14-185f.
C.
Qualification.
(1)
A member qualifying for a year of active service,
defined as serving a total of 12 months from January 1 to December
31 of the qualifying year, must earn a minimum of 19 points.
(2)
For attendance at training courses and/or drills sponsored
in house by the Departments members shall earn two points for each
course/drill.
(3)
For response to emergency alarms, points earned are
as follows:
|
Response
|
Points
| |
|---|---|---|
|
0% to 25%
|
0
| |
|
25% to 49%
|
10
| |
|
50% to 100%
|
15
|
D.
Budget. The proposed estimated total amount to be
budgeted for the program is as follows:
|
Year
|
Budgeted Amount
| |
|---|---|---|
|
1999
|
$50,000
| |
|
2000
|
$50,000
| |
|
2001
|
$25,000
|
E.
Public question. This program shall be submitted to
the voters of the Borough of Carteret as a public question for approval
in the 1998 General Elections of November 2, 1998.[1]
[1]
Editor's Note: This ordinance was approved
by the voters of the Borough of Carteret at the general elections
held 11-2-1998.
F.
Certifying officers. The Captain of each company shall
be the certifying officer. Certifying reports shall be received by
the Borough no later than March of the year. Contributions will be
made by June of each year for the preceding year.
G.
Effective. This section, contingent on passage of
the public question, shall become effective on January 1, 1999.
[Added 8-12-1999 by Ord. No. 99-26]
B.
Amount of contribution.
(1)
The Borough will contribute to the plan for all active
members who meet the requirements outlined in Section C in the amount
of $500 yearly per qualifying member.
(2)
All active members of the Carteret First Aid Squad
at the time of passage of this section, prior to the public question,
shall receive credit for past service not to exceed 10 years at a
rate of $200 per year for each year of service, payable 33% in year
2000, 33% in year 2001 and 34% in year 2002.
(3)
An additional $100 per year shall be contributed to
the account of each line officer and executive board member.
C.
Qualifications.
(1)
A member qualifying for a year of active service is
hereby defined as serving a total of 12 months from January 1 to December
31 of the qualifying year and must earn a minimum of 20 points. In
the event of an excused leave of absence, a member can still qualify
for an award provided that the 20 point minimum is achieved within
the calendar year.
(2)
For attendance at monthly meetings, members shall
earn one point for each meeting attended for a maximum of 12 points.
(3)
For response to first aid calls, points earned are
as follows:
|
Response
|
Points per Annum
| |
|---|---|---|
|
5% to 9%
|
5
| |
|
10%
|
10
| |
|
Over 10%
|
15
|
(4)
In addition to monthly meetings and first aid calls,
points can be earned in the amount of 1 point per activity with a
maximum of 15 points. Activities are defined as follows: fire standby,
football games, Borough school activities, other Borough events or
any other request made to the Squad to stand by Borough and/or private
organizations.
D.
Budget. The proposed estimated total amount to be
budgeted for the program is as follows:
|
Year
|
Budgeted Amount
| |
|---|---|---|
|
2000
|
$20,000
| |
|
2001
|
$20,000
| |
|
2002
|
$25,000
| |
|
Each year after
|
$15,000 per annum
|
E.
Public question. This program shall be submitted to
the voters of the Borough of Carteret as a public question for approval
in the 1999 General Elections of November 2, 1999.[1]
[1]
Editor's Note: This ordinance was approved
by the voters of the Borough of Carteret at the general election held
11-2-1999.
F.
Certifying officers. The Captain shall be the certifying
officer. Certifying reports shall be received by the Borough no later
than March of the year. Contributions will be made by June 1 of each
year for the preceding year.
G.
Effective. This section, contingent on passage of
the public question, shall become effective on January 1, 2000.
[Adopted 3-1-2001 by Ord. No. 01-11]
There is hereby created the position of Battalion
Fire Chief of the Borough of Carteret. Under direction, the Battalion
Fire Chief assists in the management and discipline of the municipal
uniformed Fire Department by supervising a group of fire companies
engaged in providing fire protection for persons and property; does
other related duties.
A.
The examples of work for this title are for illustrative
purposes only. A particular position using this title may not perform
all duties listed in this job specification. Conversely, all duties
performed on the job may not be listed.
B.
The Battalion Fire Chief:
(1)
At fires, takes charge of responding companies, deploys
fire-fighting forces, orders needed reinforcements, and supervises
fire-fighting activities and the use of needed apparatus, equipment,
and materials.
(2)
Makes periodic inspections of fire-fighting personnel
and equipment to ensure efficient performance.
(3)
Inspects Fire Department company headquarters for
cleanliness, orderliness, and maintenance of the building, equipment,
and apparatus from the standpoint of serviceability.
(4)
Supervises and takes a leading part in fire prevention
activities within an assigned municipal area.
(5)
Conducts training classes for subordinate fire officers
and fire fighters.
(6)
Speaks before groups of citizens and others on modern
fire department methods, procedures, and practices.
(7)
Makes and supervises the making of investigations
of violations of fire laws, ordinances, codes, and fire hazards, and
institutes needed action.
(8)
Makes investigations of fires to determine needed
action.
(9)
Prepares reports.
(10)
Supervises the establishment of records and
files.
(11)
Plans, organizes, and assigns work of the organizational
unit and evaluates employee performance and conduct, enabling the
effective recommendation of the hiring, firing, promoting, and disciplining
of subordinates.
(12)
Will be required to learn to utilize various
types of electronic and/or manual recording and information systems
used by the agency, office, or related units.
The requirements of Battalion Fire Chief are
graduation from high school, vocational high school, or possession
of an approved high school equivalency certificate; two years of supervisory
experience involving the extinguishing of fires. In accordance with
N.J.A.C. 5:73-1.6(b), c and (d), effective February 17, 2000, applicants
for this position must possess a valid Incident Management Level 1
certification issued by the New Jersey Division of Fire Safety, Department
of Community Affairs.
Applicants must be not less than 18 nor more
than 35 years of age at the announced closing date for filing applications
for the position. In determining maximum age eligibility of veterans,
the time spent in active military service during the periods specified
in the Civil Service Law and Rules will be deducted from the attained
age. The age requirement does not apply in those jurisdictions whose
members are not enrolled in the Police and Fire Pension System. When
an applicant has reached his/her 35th birthday, (s)he is considered
to be over 35 years old. Age limits are based on the announced closing
date for filing Department of Personnel applications.
Appointees will be required to possess a driver's
license valid in New Jersey only if the operation of a vehicle, rather
than employee mobility, is necessary to perform essential duties of
the position. As a prerequisite for appointment, appointees may be
required to pass a thorough medical and psychiatric examination to
be administered by the appointing authority; any psychological, medical,
or physical condition or defect which would prevent efficient performance
of the duties of the position, cause the appointee to be a hazard
to himself/herself or others, or become aggravated as a result of
performance of these duties will be cause for rejection.
The following are qualifications of a Battalion
Fire Chief:
A.
Knowledge of laws and ordinances which are significant
from the fire prevention point of view.
B.
Knowledge of the proper methods of fighting various
types of fires.
C.
Knowledge of the location of schools, large buildings,
streets and fire alarm boxes in the municipality.
D.
Knowledge of the types of communication available
for fire use.
E.
Knowledge of procedures likely to be effective in
enlisting the support of citizens and others in taking fire preventative
measures.
F.
Ability to analyze and interpret laws, ordinances,
rules, regulations, standards, and procedures and apply them to specific
situations and cases.
G.
Ability to supervise the maintenance and repair of
Fire Department buildings and equipment.
H.
Ability to note and initiate action.
I.
Ability to obtain new and improved equipment, materials,
and supplies.
J.
Ability to remain cool, decisive, and alert in emergency
situations.
K.
Ability to supervise the performance of fire fighters
at fires and the use of equipment and apparatus.
L.
Ability to speak effectively before large and small
groups on subjects relating to fire prevention and the procedures
used in fighting fires.
M.
Ability to make investigations of fire hazards and
violations of fire laws and to prepare clear, sound, accurate, and
informative reports.
N.
Ability to utilize various types of electronic and/or
manual recording and information systems used by the agency, office,
or related units.
O.
Ability to read, write, speak, understand, and communicate
in English sufficiently to perform duties of this position. American
Sign Language or Braille may also be considered as acceptable forms
of communication.
P.
Persons with mental or physical disabilities are eligible
as long as they can perform essential functions of the job after reasonable
accommodation is made to their known limitations. If the accommodation
cannot be made because it would cause the employer undue hardship,
such persons may not be eligible.
