[HISTORY: Derived from Chapter 11 of the
1974 Code. Amendments noted where applicable.]
[Amended 10-27-1987 by Ord. No. 87-30; 11-10-1988 by Ord. No. 88-29; 11-21-1989 by Ord. No.
89-19; 7-14-1998 by Ord. No. 98-09; 5-25-2004 by Ord. No. 04-08; 11-9-2004 by Ord. No. 04-17; 4-12-2005 by Ord. No. 05-07; 12-5-2006 by Ord. No. 06-22; 3-27-2007 by Ord. No. 07-08; 12-14-2010 by Ord. No. 10-20; 7-9-2013 by Ord. No. 13-10; 10-26-2023 by Ord. No.
23-28]
The Fire Department of the Borough of Garwood is hereby established,
the head of which shall be the Chief. The Chief shall, prior to his
or her appointment, meet all of the qualifications specified in this
article. The Fire Department shall consist of such companies as the
Mayor and Council may, from time to time, authorize by resolution
or ordinance.
A.
Officers; chain of command.
(1)
The Fire Department shall consist of the following officers in the
order of chain of command:
|
Chief
|
1
|
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Deputy Chief
|
1
|
|
Assistant Chief
|
3
|
|
Captain
|
2
|
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Lieutenant
|
2
|
(2)
Firefighter members, as may be appointed as hereafter, provided the
total officers and firefighters shall not exceed 50 members in aggregate.
B.
Officers; election, qualification, and appointment processes.
(1)
Nominations of officers shall be made only at the regular meeting
in the month of November. Officers will be balloted on at the regular
meeting in the month of December, and a majority of votes cast shall
elect.
(2)
Prior to being placed on the ballot at the regular meeting in the
month of December, the Chief will review all nominated members and
determine, through company records, those members eligible to seek
office. Members wishing to be considered for election to office must
have their qualifications certified prior to the December meeting.
The Chief will review the eligibility determinations pursuant to law.
Further, the Chief will confirm and substantiate the eligibility of
the nominated members with the Borough Administrator. Thereafter,
the Chief will post a list of confirmed eligible members that have
submitted letters in a conspicuous location in the firehouse prior
to the December meeting.
(3)
Officers elected shall assume their duties on January 1 and shall
hold office for one year, or until their successor is elected and
qualified.
(4)
The election shall be conducted by a Board of Election appointed
by the Captain, and shall consist of a judge and two tellers.
(5)
Candidates for office must be in good standing to be nominated. Members
must be in good standing to vote.
(6)
After the election of officers, the Department shall request the
Mayor and Council to appoint and confirm the same by resolution, which
appointments shall be made as of January 7 of the year following verification
by the Borough Clerk to the Borough Administrator that each officer-elect
meets all of the eligibility requirements defined in this article.
(7)
Candidates for elected officer positions must have a high school
diploma or equivalent, meet the following listed length of service
requirements, and meet the New Jersey state certification levels appropriate
for their position as defined in N.J.A.C. 5:73-1.6 or its successor
regulation as promulgated by the New Jersey Department of Community
Affairs.
(a)
Chief, having served at least one year as Deputy Chief and holding
state certification as a Fire Officer II or greater.
(b)
Deputy Chief, having served one year as Captain and holding
state certification as a Fire Officer II or greater.
(c)
Captain, having served one year as Lieutenant and holding state
certification as a Fire Officer I or greater.
(d)
Lieutenant, having been three years a member of the Fire Department
and holding state certification as a Fire Officer I or greater.
(8)
The Chief may appoint any firefighter who is qualified as defined
in this article as an Acting Officer, should any elected line officer
position become vacant due to unavailability of the incumbent, including
appointment to a superior level officer position. Such an appointment
may not extend beyond the balance of the year it is made, and is at
the pleasure of the Chief. Any appointment or removal of an Acting
Officer will be communicated in writing to the Borough Clerk.
The Chief and Deputy Chief shall have their appointment confirmed
by resolution of the Mayor and Council once their names have been
submitted by the Fire Department and their qualifications for office
have been confirmed by the Borough Clerk. They shall make such rules
and regulations for conducting their Department, not inconsistent
with the laws of this state or the ordinances of the Borough of Garwood,
as they may deem advisable, always subject to the approval of the
Council.
A.
There shall be from one to three Assistant Chiefs as authorized by
this article. An outgoing Fire Chief, at the expiration of his or
her one or more year(s) in office may be appointed as an Assistant
Chief by the incoming Fire Chief for one year, and reappointed by
the serving Fire Chief each year. Appointment of Assistant Chiefs
will take effect upon resolution of the Mayor and Council.
B.
In the event of a vacancy in the position of Assistant Chief, caused
by any event other than the expiration of the one year in office as
Chief, the Fire Chief may appoint a member who has formerly held the
position of Fire Chief to the vacancy in the position of Assistant
Chief. The appointee shall hold the appointment the balance of the
calendar year. If the expiration of the appointive term results in
a vacancy in the position, the Fire Chief shall appoint a similarly
qualified member to the vacant position, which member may be the last
appointee or any other former Fire Chief.
C.
In the absence of both the Fire Chief and the Deputy Chief, a qualified
Assistant Chief shall assume operational command until relieved by
the Chief, Deputy Chief or a line officer of equal or greater qualification.
D.
Assistant Chiefs shall have the general responsibilities of all officers
as described in this article, to assist the Chief and Deputy Chief
in the administration of the department, and any other such responsibilities
as assigned by the Chief.
The Chief shall be the Fire Marshal, Fire Inspector and Fire
Prevention Officer of the Borough and, as such, shall perform such
duties as may be required by the laws of the State of New Jersey and
applicable ordinances of the Borough.
A.
The Fire Chief shall be the operational head of the Fire Department.
The Chief shall examine, at least once in each month, the engine and
other houses, fire engines, hose and other fire apparatus, hydrants,
and shall keep a record of the date of such examinations. He or she
shall be responsible for maintaining the discipline, morale and efficiency
of the Fire Department, shall make periodic reports and recommendations
to the Mayor and Council, shall have the authority to suspend from
duty any officer or member of the Department for flagrant violations
of the rules, or disregard of the good order of the Department, and,
in case of emergency, have the authority to summon and retain on duty
any or all officers and members of the Fire Department while such
emergency exists.
B.
The Chief shall keep an accurate record of the names of the officers
and members of the Fire Department, and of all elections, appointments,
transfers, resignations, and removals of firefighters belonging to
each company, the commencement of their service in the Fire Department,
or any other Fire Department in this state and such other particulars
as may be necessary and proper.
C.
The Chief shall, in all cases of fire threatening damage or destruction
to property in the Borough, take prompt and efficient measures, and
use the means of the Department to extinguish the same, and shall,
at all such times, and on all occasions of alarm of fire, have sole
and absolute control over all members of the Fire Department and all
their fire engines, and other apparatus, and all other persons siding
or assisting the department in cases of actual fire. In the absence
of the Chief, the command of the Fire Department shall devolve upon
the Deputy Chief; in absence of the Chief and the Deputy Chief, upon
the Captain or the Lieutenant of the several companies in order so
designated by the Chief.
D.
The Chief and the Deputy Chief shall cause the goods and possessions
in danger of fire to be carefully removed to some suitable place,
and prevent them from being injured or stolen; they shall prevent
all persons, except members of the Fire Department, the owner, or
occupant of the premises, and such persons as they may call to their
assistance, from entering any dwelling or other building on fire,
or immediately adjoining thereto, if necessary.
E.
The Chief shall keep, or direct to be kept, a record of alarms of
fires, and of all fires that may occur within the Borough, with the
cause thereof, whenever the same can be ascertained, the names of
the owners or occupants, the amount of loss in each case and also
the amount of insurance, as near as the same can be ascertained.
F.
The Fire Chief has the authority to appoint Fire Police in the Borough
of Garwood as per state statute, L. 1947, c. 293, N.J.S.A. 15:8-4,
as enacted by the Senate and General Assembly of the State of New
Jersey. The appointment of Fire Police shall be confirmed by resolution
of the Mayor and Council.
A.
The Deputy Chief shall rank next in command to the Chief of the Fire
Department and shall assume the duties and responsibilities of the
Chief in the absence of the Chief.
B.
(Reserved)
C.
The Deputy Chief shall assist the Fire Chief in any way that is beneficial
to the proper functioning and operation of the Garwood Fire Department.
D.
(Reserved)
E.
(Reserved)
Each and every engine, hose and hook and ladder company shall
be under the direction and control of the Captains and the Lieutenants.
The Captains and Lieutenants shall be elected on the first Wednesday
of December in each year by the Fire Department.
A.
Captain.
(1)
It shall be the duty of the Captains to command a company and to
have control thereof while on duty, parade and all other occasions.
All orders given by a Captain on these occasions shall be implicitly
obeyed.
(2)
The Captains will obey all orders from the Chief or ranking officers.
In the absence of ranking officers, at a fire, the most senior Captain
shall be in command.
(3)
The Captains shall see that the rules for the care and management
of the apparatus are obeyed. They shall be held responsible for the
state of the apparatus, appurtenances, and for the apparatus being
supplied with proper and prescribed equipment necessary for its efficient
service.
(4)
It shall be the duty of the most senior Captain to call all regular
and special meetings, and to preside at all meetings.
(5)
The Captains shall assist in preparing all Fire Department training
programs.
(6)
The Captains shall be in charge of a duty crew.
B.
Lieutenant.
(1)
The Lieutenants shall assist the Captain with performing their duties.
(2)
The Lieutenants will be assigned to a pumper or truck and be responsible
for the proper care and operation of his or her assigned apparatus.
(3)
The Lieutenants will report to the Captain who in turn will communicate
requests to the Chief for any equipment needed, or repair to be made
to the fire engine or other fire apparatus.
(4)
The Lieutenants, in order of seniority, shall assume command at fires
if a superior officer is not present, or until relieved by a superior
officer.
(5)
The Lieutenants shall assist in the Fire Department training program.
(6)
The Lieutenants shall be second in command of a duty crew.
C.
(Reserved)
D.
All officers.
(1)
All officers shall maintain a constant alertness regarding conditions
at fires where the safety of the members may be jeopardized.
(2)
All officers are required to set an example to subordinates regarding
conduct, appearance, proper gear, and respect for superiors. All officers
shall execute all orders received from superiors.
(3)
All officers shall see that all equipment used at a fire is accounted
for before returning to quarters.
Each company shall also annually elect a Secretary, and shall
adopt such rules and bylaws as may be necessary for their government,
subject to approval, and such rules and ordinances as may be adopted
by the Council for the regulations of the Fire Department.
A.
It shall be the duty of the Secretary to keep a record of all proceedings
of the Department, including the dates of entering and leaving the
Department, annual percentage records, any charges and the results
of hearings, to call the roll, to record all absences, to preserve
the records of the Department, and to notify all members of meetings.
B.
The Secretary shall notify the Secretary of the Local Firemen's
Relief Association of new members.
C.
The Secretary shall make a written monthly report of all Fire Department
Activities to the Chief, Deputy Chief, and Fire Commissioner.
D.
The Secretary shall keep an accurate record of each member of the
Fire Department. This record includes dates of entering and leaving
the Department, annual percentage records and any charges and the
results of hearings.
A.
Any citizen of the United States, between the ages of 18 and 45 inclusive
of his or her 46th birthday, who has a confirmed residence in Union
County (Berkeley Heights, Clark, Cranford, Elizabeth, Fanwood, Hillside,
Kenilworth, Linden, Mountainside, New Providence, Plainfield, Rahway,
Roselle, Roselle Park, Scotch Plains, Springfield, Summit, Union Township,
Westfield, Winfield) shall be eligible to probationary membership
in the Department, providing he or she has passed a physical examination
as required by the New Jersey Firemen's Association and a background
check by the Garwood Police Department and has been approved by resolution
of the Mayor and Council of the Borough of Garwood. In the event that
a member moves outside of Union County, they have 30 calendar days
to notify the Fire Chief that they are no longer a resident of Union
County. In the event a newly appointed member or members brings the
roster of the Garwood Fire Department to 50 members, preference will
be shown for the appointment of qualified Garwood residents over candidates
who reside outside of the Borough.
B.
The term "probationary" shall mean that all new members shall be
held under scrutiny for a period of one year by the officers of the
Department in regard to their adherence of fire duties and all other
department obligations, including but not limited to the successful
completion of all training required to obtain Firefighter 1 Certification
as issued by the New Jersey State Division of Fire Safety. This period
may be extended up to one additional year in the event a probationary
member is unable to complete the state certification due to a lack
of available space in approved fire training academies. All new members
as of November 1, 2023, who complete the one-year training period,
shall be subject to reimbursing the Fire Department for the costs
of training should they leave the Volunteer Fire Department two years
from the date of entry into the Fire Department.
C.
After successful certification as a firefighter, the Chief will determine
if each probationary member has met the qualifications of the Department
in order to determine their eligibility for full membership. They
shall be given full rights of the Department from the date of their
entry. If it is determined that a probationary member does not qualify
for full membership, that person shall be dropped from the Department.
D.
(Reserved)
E.
Any member shall have the privilege of placing the names of applicants
for membership. Date of receipt of application by the Recording Secretary
shall be put on the same, and the applicant will be put on a waiting
list in that sequence. Candidates shall become probationary members
if they receive a majority vote by ballot. All new members shall be
confirmed by resolution of the Mayor and Council, sworn in by the
Borough Clerk, and have their application notarized.
F.
No probationary member will have voting privileges.
G.
A person over the age of 45 may be elected to membership in the Garwood
Fire Department pursuant to the provisions hereinabove set forth if,
in the judgment of the officers and members of the Department and
the Mayor and Council, said person over 45 years of age is qualified
for membership by virtue of:
(1)
At least five years of prior service as a member of a fire department;
or
(2)
Employment in private industry for a period of at least five years
in a job capacity wherein firefighting technique is an integral part;
or
(3)
Has such other skills and technical training in firefighting science
and technique as will, in the judgment of the foregoing, justifying
an exception to the age limit requirements set forth above.
H.
No person shall be elected under the overage exception set forth
herein unless and until a full physical examination has been conducted
of said applicant and the results thereof have been evaluated by the
Fire Department and the Mayor and Council to assure that said person
is physically fit and qualified to perform the duties of a firefighter.
I.
Auxiliary members, who function in support roles such as Emergency
Medical Technicians, general administration, fire scene support and
stationhouse duties, but are not certified firefighters, may be appointed
by the Chief and confirmed by resolution of the Mayor and Council,
for an unlimited number of one-year terms. Auxiliary members must
be at least 18 years of age, of good character, and approved for such
membership according to the procedures of the Fire Department. Auxiliary
members will not have voting privileges.
A.
It shall be the duty of all members of the Garwood Fire Department
to obey all commands of their officers.
B.
It shall be the duty of all members to attend all meetings, drills,
to respond to all fires and emergency alarms.
C.
No member shall appear at a meeting of the Department or on duty in a state of intoxication or shall be guilty of using insulting, indecent, or improper language or be guilty of unbecoming conduct or otherwise being a disgrace to the Department, under penalty of disciplinary action as defined in § 27-16.
D.
No member shall be excused from attending any regular meetings, drills,
or special meetings except on the grounds of sickness, or absolute
necessity, or by the approval of the Chief, or ranking officer.
E.
Any member who expects to be absent from the Borough for a period
of 21 or more days shall report to the Chief and may be excused; and
it shall be the duty of the Chief to report all such absences to the
Department, and a record of same shall be kept by the Secretary.
F.
It shall be the duty of each and every member to notify the Secretary
of any changes in residence within five days of change. If a member
moves outside the three-mile Borough limit, he or she shall tender
his or her written resignation within 30 days of moving, or the Secretary
shall consider it automatically received after 30 days, and drop that
member from the rolls.
G.
Effective November 1, 2024, each firefighter must do 50% of fire
duty at least two years in any three-year period in order to qualify
for, and to retain membership in, the Department.
H.
To help reach the required amount of duty, members may receive credit
for the following:
I.
Every person not a firefighter, who shall be present at a fire, shall
be subject to the orders of the Chief, Deputy, or any other member
of the Fire Department or Police Department preserving order, or superintending
the removal and protection of property.
J.
All members shall wear full turnout gear: coats, helmets, boots,
and gloves when responding to fire and during the fires.
A.
Purpose. The following are the procedures for disciplinary action
against any member of the Garwood Fire Department who may violate
any of the standard operating guidelines, personnel orders, special
orders, general orders, department rules and regulations or this chapter.
B.
Guidelines.
(1)
All disciplinary actions are to be reported to and investigated by
or at the direction of the Chief of the Department.
(2)
Any officer or member may report misconduct to the Chief of the Department
for an investigation. All reports shall be submitted in writing to
the Chief of the Department within 72 hours after the event in question,
if practicable.
(3)
The Chief of the Department shall hear and determine all disciplinary
actions against members of the Fire Department.
(4)
The following shall be the presumptive penalty in the event of a
finding of misconduct:
(5)
In the event that the Chief shall determine that the particular offense
warrants less or more severe disciplinary action, the Chief shall
refer the penalty to the officers of the Department, who shall, by
majority vote, determine the discipline to be imposed.
C.
Appeals.
(1)
Any member found guilty of any disciplinary charge shall have the
right to appeal the ruling of the Chief of the Department. All appeals
must be filed in writing with the Chief of the Department no later
than 48 hours after the Chief's initial ruling. The following
is the process for all appeals:
(2)
The ruling made by the Borough of Garwood Fire Committee is deemed
final and no other appeals may be made.
(3)
If the Chief of the Department is involved in the incident, the process
will start with a review and decision made by the Board of Officers.
A.
No fire engine, hook and ladder truck or other apparatus shall, in
going to or returning from a fire, or at any time, be driven upon
any sidewalk or lawn of any street, except by special order of the
Chief, Deputy Chief or officer in charge, and any firefighter violating
this rule shall be liable for dismissal from the Fire Department.
B.
Whenever any fire engine, or other fire apparatus needs any repairs,
or other alterations, it shall be the duty of the person in charge
of such fire engines, or other fire apparatus, to report the same
to the Chief, who will see that necessary repairs are made and report
same to the Council.
C.
No person, or persons, except officers and members of the Department,
shall at any time enter the firehouse or apparatus floor of the Garwood
Fire Department, except the Mayor and Council, the Borough Administrator,
auxiliary members, and visitors accompanied by firefighters, or any
Police Officer in the proper discharge of his or her duty. All officers
of the Department are hereby enjoined to enforce the provisions of
this section.
D.
Any person who shall enter the firehouse with the intent to injure
or damage the same, or the fire engines or any other apparatus or
equipment belonging to the Fire Department as well as injuring or
damaging fire hydrants, fire alarm boxes or any alarm equipment in
the Borough of Garwood, shall on conviction be punished by law, and
shall be liable for all damages or injury done.
A.
No person shall, during a fire or drill, drive any vehicle over any
fire hose or interfere with any fire apparatus or fireman performing
their duty under penalty of $50, or the cost of damaged equipment
if valued at more than $50.
B.
(Reserved)
C.
No person or persons shall for any purpose take or cause to be taken
beyond the corporate limits of the Borough, any of the apparatus of
the Fire Department, except the Fire Department, except by consent
of the Fire Chief or by the Mayor and Council.
It shall be the duty of the Council to provide for the necessary
expenses for the maintenance of the Fire Department, and to keep the
houses and fire apparatus in proper condition and repair.
A.
Appointment. The Superintendent of Fire Apparatus shall have his
or her appointment confirmed by the Mayor and Council once his or
her name has been submitted by the Fire Department. The Superintendent
of Fire Apparatus shall be a member of the Fire Department. However,
if there is no qualified person in the Fire Department, then the Mayor
and Council can appoint a qualified resident of the Borough of Garwood.
The Superintendent shall hold office for a term of one year or until
his successor is appointed and qualified, said term to commence on
the first day of the year.
B.
Duties. The Superintendent of Fire Apparatus shall be responsible
to and under the direct supervision of the Fire Chief of the Borough
of Garwood, and shall be responsible for the maintenance and perfect
working order of all the fire apparatus of the Borough. They shall
examine once in each week the fire engines and other accessory equipment
and fire apparatus and shall keep a record of such examination and
of the condition in which the said fire engines and other accessory
equipment were found by him and he shall, prior to each regular meeting
of the Council, make out a full report of the same and present said
report to the Chief of the Fire Department. The Chief of the Fire
Department shall after examination of said report, render said report
together with any and all observations and recommendations he may
have concerning the subject matter of the report to the Council.
C.
The compensation of the Superintendent of Fire Apparatus shall be
fixed by ordinance.
A.
The governing body may annually, by resolution, appropriate such
sums as it deems necessary and proper to compensate members of the
Fire Department for losses incurred in the performance of public fire
duty. The sums appropriated shall be paid in full to each member who
has attended in each year at least 60% of the alarms of fire, roll
calls and house duties. A percentage of the sums appropriated shall
be paid on a sliding scale to be fixed annually by the governing body
for all members who have attended less than 60% but at least 30% of
all such alarms. No payment shall be made to members attending less
than 30% of such alarms. The payment of such compensation shall be
made on an annual basis in accordance with a schedule to be adopted
from time to time by resolution of the governing body after obtaining
the recommendation of the Fire Department. A copy of said schedule
shall be filed in the office of the Borough Clerk. In no event shall
the payments provided for by this section exceed the sums appropriated
by the governing body for said purpose.
B.
The payments of compensation shall be based upon a year commencing
November 1 and ending on October 31, and certifications of payments
to be made hereunder shall be submitted by the Chief of the Fire Department,
or other officer designed by it, to the Mayor and Council no later
than the 15th day of November following the close of the fiscal year.
A.
Appointment. The Fire Chief shall recommend to the Council for appointment
not more than six members of the Department to be designated fire
police.
B.
Duties.
(1)
The duties of said fire police, subject to the supervision of the
Fire Officer in charge of the fire or fire drill, shall be as follows:
(a)
Protect property and contents.
(b)
Establish and maintain fire lines.
(c)
Perform such traffic duties as necessary, from the fire station
to and at the vicinity of the fire, fire drill or other emergency
call, until the arrival of a duly authorized police officer.
(d)
In the absence of investigating authorities, fire police shall
investigate all causes of fires and preserve all evidence pertaining
to questionable fire and turn evidence over to proper investigating
authorities.
(e)
Wear the authorized fire police badge on the left breast of
the outermost garment while on duty.
(2)
Provided, however, nothing herein contained shall give the fire police
or any of them the right to supersede a duly authorized police officer.
(3)
(Reserved)
C.
Term. The term of office of each fire police shall be for a period
not exceeding five years from the date of appointment. Fire police
may be removed from office by resolution of the Mayor and Council,
for just cause, upon recommendation of the Chief. Before removal from
office, all persons shall be afforded an opportunity to be heard by
the governing body or a hearing officer designated by the same.
[Added 8-25-2015 by Ord.
No. 15-17]
It is hereby established the Junior Firefighters Program.
A.
No person shall be eligible for membership in the Junior Firefighters Program in the Borough of Garwood unless he/she is between the ages of 14 (or have started the 8th grade) and 18 years and must reside in the Borough of Garwood or within the mileage limitation for firefighters as defined in Article I of this chapter.
[Amended 6-12-2018 by Ord. No. 18-16; 10-26-2023 by Ord. No. 23-28]
B.
All persons shall be required to obtain permission to join the program
from their parents or guardians. Such permission shall be in writing
and acknowledged by a notary public of the State of New Jersey.
A.
The Mayor and Council of the Borough of Garwood authorizes the Garwood
Fire Department to establish rules and regulations governing the activities
of the junior firefighters. Said rules and regulations shall provide
for the training of the prospective members for eventual membership
in the Volunteer Fire Department of the Borough of Garwood, which
regulations shall further provide that no junior firefighter shall
be required to perform duties which would expose him/her to the same
degree of hazard as a regular member of the Borough's Fire Department.
B.
In addition to the above relating to junior firefighters, the Borough
of Garwood shall require that the minimum age for the junior program
of the firefighters shall be 14 (or started in the eighth grade) years.
