[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 4-3-1940 by Ord. No. 116. Amendments noted
where applicable.]
There is hereby established in the Borough of
Middlesex a Volunteer Fire Department, to function under the supervision
of the Mayor and Council, for the protection of lives and property
of the citizens of the Borough against loss or damage by fire. Said
Department shall consist of such companies as may, from time to time,
be designated by the Mayor and Council. No volunteer company shall
be organized in the Borough without having first obtained the written
assent of the Borough Council.
[Amended 6-14-2022 by Ord. No. 2060]
A.
The Fire Department may adopt such rules and regulations as may be
deemed advisable concerning the assignment of the Deputy and Assistant
Chiefs, Captains and other members of the Department and concerning
the conduct of members of the Department on or about any station house,
or while engaged in the service of the Department. The Borough's Rules
and Regulations will prevail if or when there is a conflict between
the two.
[Amended 9-13-2022 by Ord. No. 2064]
B.
Membership.
(1)
All persons seeking membership with the Fire Department must be approved
by the Borough Council. The Borough Council, in its sole discretion
and with cause, may also remove or suspend any members.
(3)
The Chief shall report to the Mayor and Council and the Business
Administrator any officer or member, who, by reason of age, disease,
accident or other incompetency, does not, or cannot fully and properly
perform the duties required of him.
(4)
Should any member of the Fire Department resign or pass away, the
Chief or the designee shall secure all Borough equipment assigned
to the former member.
(5)
The Chief shall submit without delay, the resignation of any member
of the Fire Department to the Municipal Clerk. The Borough Council
will formally accept the resignation at their next available Council
Meeting.
C.
Chief responsibilities.
(1)
Fire calls.
(a)
The Chief shall have absolute command, control, charge, management,
discipline, and supervision of every officer in the Fire Department.
(b)
The Chief shall attend all fires when possible. In the event
the Chief is unable to physically be at the scene, the Chief will
be contacted as soon as possible and made aware of the situation.
(c)
The Chief shall have sole control, management and command at
fires over all officers and members of the Department, and over all
apparatus and appurtenances belonging to the Borough.
(d)
The Chief shall cause to be extinguished all fires with the
least possible danger to life and property, and prevent unnecessary
damage at fires, from fire, water, etc.
(e)
The Chief shall have power in case of fire to demolish buildings
or parts of buildings, or other structures which in his judgment might
cause further damage to life or property.
(f)
The Chief shall have power to remove any obstacle which interferes
with the operation of the Department in fighting a fire subject to
all applicable statutes and regulations.
(g)
The Chief shall have power to cause the removal of any property
whenever it shall become necessary for the preservation of such property
from fire or to prevent the spreading of fire or to protect adjoining
property.
(h)
The Chief shall submit monthly reports to the Mayor and Council
containing the number of fires within the Borough and a record of
alarms and fires. He will maintain the records of the cause if known,
the damage done, a list of companies reporting and a list of individual
members reporting for duty at each fire.
(i)
The Chief shall, during the progress of a fire, serve as the
primary responding officer and may, in collaboration and consultation
with the Chief of Police or other appropriate command staff, direct
the police force present, for the purpose of preserving property and
the enforcement of order.
(j)
The Chief or the designee shall record all fire accidents and
report them immediately to the Business Administrator.
(2)
Fire Department operations.
(a)
The Chief or the designee shall keep an accurate record of all
business transacted in the Fire Department.
(b)
The Chief or the designee shall at all times supervise and keep
in repair and ready or instant use all the property of the Borough
connected with the Fire Department.
(c)
The Chief is required to make special reports upon any matters
which in his judgment require the attention of the Borough Council.
(d)
The Chief shall provide a list of firefighters annually who
qualify for the benefits of the LOSAP program.
(e)
The Chief or the designee shall see that companies conduct regular
drills.
(f)
The Chief or the designee shall recommend to the Borough Administrator
the purchase of new apparatus, hose, equipment, etc.
(g)
The Chief or the designee shall requisition and account for
all supplies.
(h)
The Chief or the designee shall test and approve or disapprove,
with the reasons therefore, when practicable, all apparatus, hose,
equipment, or tools before purchase of acceptance of same.
(i)
The Chief shall report annually to the Borough Council the number
of members of the Fire Department and their names, the number and
names of all members who have been discharged during the year, and
all statistics and information regarding the fires in the Borough
during the year, the losses by fire, the causes of fire, and its prevention
or extinguishment, and such other information and make such recommendations
as he may deem wise.
(j)
The Chief or the designee shall make an inventory of all property
of the Borough and its condition in December of each year.
(k)
The Chief shall certify all bills against the Borough chargeable
to said department.
(l)
The Chief or the designee shall supervise and direct the testing
of all relevant equipment and apparatuses with appropriate timeframes,
as determined by the National Fire Protection Association, NFPA.
(m)
The Chief or the designee shall order equipment and training
subject to the approval of the Business Administrator.
D.
Requirement to drive Borough fire apparatus.
(1)
The Chief or the designee shall design and conduct an evaluation
process to assess the driving skills, emotional maturity, and operational
knowledge of potential drivers.
(2)
The Chief or the designee shall document the progression and approval,
pursuant to the evaluation process referenced above, of each driver
in thorough and complete detail and shall retain all records for each
active driver and for all drivers affiliated with the Department for
a period of five years after the driver ceases driving for the Department.
(3)
Trainers must be aware to properly prepare the candidate before the
evaluation. Trainers must be watchful of the candidate's skill, demeanor,
and knowledge of driving large vehicles under extremely stressful
conditions.
(4)
All fire apparatus drivers must possess or achieve the following:
(a)
A valid NJ driver's license.
(b)
A minimum of three years' driving experience.
(c)
A minimum of three years' firefighting experience.
(d)
A minimum of one-year experience with the Middlesex Fire Department
to become familiar with specifics of the local roads and operations.
(e)
Fire apparatus knowledge.
(f)
Emotional maturity.
(g)
Every driver must requalify annually.
E.
Requirement to take Borough fire trucks out of municipality.
(1)
In case a fire occurs in the municipalities within reasonable distance
of the Borough's limit, when aid is requested, the Chief, in his discretion,
may send such aid, but in no case shall more than two companies leave
the Borough at one time, unless on order from the Mayor or Business
Administrator.
(2)
A shared services agreement is required between the Borough and any
neighboring municipality should a neighboring municipality request
the Fire Department be "on call" on a regular basis. This shared services
agreement shall be a legal document between the two municipalities
and shall be incorporated under the appropriate statute.
(3)
Unless fire apparatus is required as cited above or if there is a
need for repair or maintenance, permission to take apparatus out of
the municipality for any other reason (e.g., parades, wet-downs, demonstrations,
funerals), approval must be granted in advance by the Borough Council.
F.
Borough apparatus and equipment.
(1)
All members of the Fire Department are expected to treat Borough
apparatus and equipment with care and respect. If any equipment is
missing or damaged, it is to be reported immediately to the Business
Administrator through the Chief or the designee.
(2)
Members abusing or mishandling equipment or who have repeatedly lost
or caused equipment to be damaged shall be disciplined according to
the Department's progressive discipline policy.
G.
Discipline.
(1)
The Chief or the designee will develop and enact a progressive discipline
policy for members of the Fire Department.
(2)
The Chief or the designee shall diligently inquire into any and all
complaints of misconduct made by resident or other individuals against
the Department members while on duty, and for neglect of duty or violation
of the rules and regulations of the Department.
(3)
If charges are filed by the Chief against any officer or member of
the Fire Department, the Chief shall immediately notify the Mayor
and Business Administrator.
(4)
The Chief shall (have power to) summarily suspend any member of the
Department from duty for flagrant violation of the rules and regulations
where the reputation and discipline of the Department would suffer
if such action were not taken.
(5)
The Chief shall forward to the Mayor and Council and the Business
Administrator report of his action in the above.
(6)
The Chief shall have power, in case of violation of rules and regulations,
which violations have been proven, to demote or dismiss the offender
from the Department and must report such at once to the Mayor and
Council.
(7)
The Mayor and Council may, upon recommendation of the Board of Fire
Officers and within their own discretion, suspend or expel any member
of the Department who shall conduct himself at any time, whether on
active duty or not, in such a manner as to be unbecoming to a member
of the Fire Department.
[Amended 8-8-1967 by Ord. No. 468; 9-13-2022 by Ord. No. 2064]
The Department shall be organized with one Chief,
one Deputy Chief, one Assistant Chief and a Board of Fire Officers.
Qualifications of these officers, their duties and the method of their
election shall be governed by the rules and regulations of the Department.
A.
The Mayor and Council shall have full authority to
provide for the maintenance and housing of the equipment of the Fire
Department. The ownership of all equipment of the Fire Department
shall be vested in the Borough of Middlesex.
B.
The Mayor and Council shall adopt by resolution, rules
and regulations for the operation, control and management of the Fire
Department and may, by resolution, change the same from time to time.
C.
Hearings of all charges for the violation of any of
the rules and regulations aforementioned shall be had before the Mayor
and Council, who may, upon conviction for the violation of any of
the aforementioned rules and regulations, impose such penalty as they
deem fit.
