[HISTORY: Adopted by the Township Council of the Township of Livingston 11-5-1979 as Ch. 12 of the 1979 Revised General Ordinances. Amendments noted where applicable.]
Within the Department of Public Safety, there shall be a Division of Fire, also known as the "Fire Department," the head of which shall be the Fire Chief. The Division of Fire, as heretofore established, is hereby continued and is subject to all laws and ordinances relating to a Municipal Fire Department.
[Amended by Ord. No. 21-1999; Ord. No. 22-1999; Ord. No. 18-2000]
The Division of Fire shall consist of the Fire Chief, as head of the Division, Assistant Chief, three Deputy Chiefs and such other employees and members as the service may from time to time require. No officer shall hold two line command positions simultaneously.
All personnel shall be approved by the Manager and shall be subject to such rules and regulations as the Manager deems necessary.
It shall be the duty of the Township Clerk to keep a list of the members of the Division of Fire.
[Amended by Ord. No. 1-1999]
No person shall hereafter be eligible for membership as a volunteer fireman in the Division of Fire who is less than 18 years or more than 45 years of age.
Every such member shall be a citizen of the United States; be of good moral character and sound in body and mind; and, except as provided in Subsection E, shall be a resident of the Township of Livingston.
Any person desiring to become a member of the Division of Fire shall submit with his membership application a certificate from a practicing physician as to his physical fitness to perform the duties assigned to him as a fireman.
Before the name of any such person shall be placed upon the roll of the Division of Fire, such person must certify in writing his willingness to abide by and conform to the rules and regulations governing the Division of Fire.
A member of the Division of Fire who has obtained an exempt qualifying certificate from the New Jersey State Firemen's Association and who has completed seven years of active service in the Division of Fire may reside in a municipality whose boundary is contiguous with that of the Township, provided that he otherwise complies with all the rules and regulations of the Division of Fire governing resident members. No such nonresident member shall hold a line officership in the Division of Fire.
The Division of Fire shall provide protection against loss of life and property by fire or disaster. To this end, it shall:
Maintain and operate firehouses and fire-fighting equipment;
Administer a Fire Prevention Bureau;
Inspect buildings and other fire risks within the Township on regular schedule;
Enforce all general laws, ordinances and fire regulations, and issue permits as authorized or required thereby;
Maintain its equipment and Fire Department quarters; and
Cooperate with other departments in time of need or emergency.
The Fire Chief shall be appointed by the Manager and shall hold office and continue in his employment during good behavior, efficiency and residence in the Township.
The Fire Chief shall:
Have jurisdiction over all members of the Division of Fire.
Supervise and direct the operations of the Division of Fire.
Attend such fires and alarms of fire as he may deem appropriate and direct fire-fighting activities, through subordinate officers, at fires which he attends.
Supervise and participate in the collection of evidence as to the cause of fires; identify causes of fires; prepare and submit reports of fires as required by law.
Submit to the Manager each month a report containing such suggestions or recommendations as he may deem necessary for the good of the Division, including the report of the attendance or absence of officers and members at fires, alarms and drills and delinquency in the performance of the duties assigned to them respectively.
Prepare and submit the Department budget to the Township Manager; initiate the procurement of materials, supplies and equipment; and maintain or supervise the maintenance of such records as may from time to time be required by the Manager.
Perform such other duties as the Manager or any ordinance or law may from time to time require.
Assistant Fire Chief. It shall be the duty of the Assistant Fire Chief to assist and aid the Chief and Deputy Chiefs in the discharge of their duties in the day-to-day operations, and in the absence of the Fire Chief, perform all administrative and nonadministrative duties of the office of the Chief. In the absence of the Chief, the Assistant Chief or a Deputy Chief shall be designated by the Chief to perform all nonadministrative duties of the office of the Chief, including command at fires and alarms of fire, and at fire drills over all members of the Division, and the apparatus and appurtenances belonging to the same, and may direct whatever measures deemed proper for the prevention and extinguishment of fires. The Assistant Fire Chief shall have the following qualifications for the position:
Be a member in good standing of the Livingston Fire Department for a minimum of five years.
Be a resident of the Township of Livingston.
Possess a valid fire inspector/fire official certification from the New Jersey Division of Fire Safety.
Shall have successfully completed the Basic Arson Investigation course as per the New Jersey Division of Criminal Justice.
Deputy Chief. In the absence of the Fire Chief at a fire or alarm of fire, the Assistant Fire Chief shall be in charge, and in the absence of both the Fire Chief and the Assistant Fire Chief, the Deputy shall be in charge followed by the officer next in rank.
The members of the Division of Fire shall, upon an alarm of fire from any section in the Township, proceed promptly to the place of fire and perform any duty that may be required of them, and they shall remain on duty until relieved by orders which shall be given only by the officer in command.
Any neglect or failure on the part of the Fire Chief or any other member of the Division of Fire to properly report a violation of any of the rules and regulations of the Division, shall subject the party to censure, reprimand or discharge from the Division of Fire, unless the party shall show to the satisfaction of the Manager that such neglect or failure was, on his part, unavoidable.
No fire apparatus shall be taken out of the Township, except by permission of the Manager, unless in answer to a call for assistance in exterminating a fire in a neighboring community and then only with the permission of the Fire Chief or the officer in charge.
There shall be established a fee in the amount of $5 for the first three pages and $0.50 for each additional page of a report provided by the Division of Fire.
There shall be no charge for any report for which a formal request is made by any local, county, state or federal law enforcement agency or by the federal postal authorities.
The viewing of reports or photographs shall be permitted and conducted at the Division of Fire daily, Monday through Friday, between the hours of 9:00 a.m. and 4:00 p.m.
The Division of Fire shall issue receipts for all fees received for materials furnished.
All fees collected under this section shall be delivered to the Township Treasurer and thereafter deposited by him in the appropriate account of the Township.