[Amended 11-9-2011 by Ord. No. 11-2011]
A. It is hereby
created in the Borough of Folsom a department of municipal government
known as the "Fire Department of the Borough of Folsom." Such Fire
Department shall be under the supervision of the Mayor and Borough
Council. The Borough Council is authorized to designate by resolution
a volunteer fire company or companies to serve as part of the Fire
Department of the Borough of Folsom. The volunteer fire company, by
agreeing to serve as a part of the Fire Department of the Borough
of Folsom, shall agree and acknowledge that the members of the organization
are under the supervision and control of the Borough in accordance
with this chapter and the rules and regulations and the policies and
procedures which may from time to time be adopted by the Borough Council.
B. Such resolution
and the fire company’s agreement thereto shall constitute the
contract between the Borough and the fire company as set forth in
N.J.S.A. 40A:14-68. The volunteer fire company serving as a part of
the Fire Department of the Borough of Folsom shall have all appropriate
latitude in the conduct of its internal affairs and in the management
of its building, consistent with the purpose for which it was organized
and maintained, and consistent with the provisions of this chapter
and the rules and regulations and the policies and procedures adopted
by the Borough Council.
Any fire company composing said Fire Department
in the Borough shall be subject to all the laws of the State of New
Jersey pertaining to fire departments in municipalities in this state
and be entitled to receive any benefits resulting therefrom.
There shall be elected in the month of January
in each year, or whenever a vacancy occurs, a Fire Chief and an Assistant
Fire Chief, who shall have command and control of said Fire Department,
including all fire apparatus of every kind or appliances necessarily
used in fire departments, and the said officials shall require the
members of fire companies in the Borough of Folsom to keep said equipment
of all kinds in good serviceable condition at all times. The said
Fire Chief and other officials under his command shall have full charge
and command of the said Fire Department and all fire apparatus during
all occasions of fire or emergency. They shall also have control of
all public cisterns, public pumps, or other supplies of water on occasions
of emergency from fire or otherwise and require the proper care of
the same when necessary. They shall also have charge and distribute
all material required for the use of the Fire Department as provided
by Council. The Assistant Fire Chief shall always be subordinate to
the Fire Chief, and in the absence or inability of said Fire Chief
to perform the duties of said office, the Assistant Fire Chief shall
have the same power and perform the same duties as the Fire Chief.
The Fire Chief shall have power to order the
Fire Company and members to drill at such times and places as he may
designate, and require the foreman to give at least three days' notice
thereof, either by mail or posting the same on the doors of the engine
houses, as well as in any other public place as he may deem proper;
the said officials of the Department shall require every fire company
to drill at least six times in each year.
The Fire Chief, or any other fire official during
occasions of fire or drill, shall have power to make arrests of any
or all persons obstructing or interfering with the work of the firemen
or fire apparatus; or he may appoint as many deputy police on such
occasions as he may deem necessary to preserve the peace and carry
out the provisions of this section and article.
[Amended 3-11-1976 by Ord. No. 98]
Any person or persons obstructing the firemen
while at work during occasions of fire or drill, or while going to
or returning to any fire or drill, or interfering with the fire apparatus
or firemen in any way, or passing within prescribed bounds that may
be designated or roped off or refusing to obey any rules made by said
Fire Chief, or other official in charge, that they may deem necessary
for public safety during occasions of fire or drill, may be taken
before the Judge of the Municipal Court of the Borough of Folsom and
if found guilty of violating the above orders or requirements shall
be subject to a fine not exceeding $200 for each offense in addition
to the court costs.
The said fire company or companies composing
the Fire Department of the Borough of Folsom may impose suitable fines
or other penalties on the members in order to promote discipline and
maintain efficiency of the said Fire Department. The Fire Chief or
Acting Fire Chief shall have power to compel each company and all
the members thereof to observe the provisions of this article, as
well as any rules that may be adopted by the companies included in
this article.
For any cause Council may reprimand, suspend,
or remove from office the Fire Chief, or any officer or officers of
any companies, or members composing the Fire Department of the Borough
of Folsom.