Borough of Essex Fells, NJ Fire Department

There is established in the Borough a Fire Department, to exist at the pleasure of and function under the supervision of the Borough Council. The Department shall comprise the volunteer fire company now existing and such other volunteer companies as may be established from time to time, and in addition thereto such salaried employees as are now or may hereafter be provided by ordinance.

§ 29-2 Members.

The company shall consist of a maximum of 50 volunteer firemen, all of whom shall be elected at the time and in a manner provided in the regulations mentioned in this chapter. Apprenticeship and membership in the fire company shall not become effective until confirmed by resolution of the Borough Council.

§ 29-3 Chief of Department.

[Amended 3-15-2016 by Ord. No. 2016-969]

Pursuant to the bylaws of the Fire Department, the Borough Council shall appoint a Chief with qualifications set forth by the State of New Jersey and the bylaws of the Fire Department. The Chief shall be a member of the Fire Department and shall be a person ordinarily available for service during the daytime as well as at night. The Chief shall serve a term of two years.

§ 29-4 Powers and duties.

The duties, power and authorities of the Chief, Assistant Chief, Captain, Lieutenants and drivers shall be such as are specified in the bylaws of the Department.

§ 29-5 Eligibility for membership.

Membership in the Essex Fells Volunteer Fire Department shall be open to all persons who either work or reside within the Borough or an adjacent town, who have not been convicted of a fourth degree crime or higher as defined by the New Jersey Criminal Code and who are physically fit to perform the duties of a firefighter evidenced by certificate to that effect issued by a licensed physician of the State of New Jersey determining physical and mental qualifications to become a firefighter. The Department shall have the right to require an applicant to submit to a medical examination to determine physical and mental fitness. Any person applying for membership who is currently in good standing of another fire department in the State of New Jersey shall need to be a resident or employee within the Borough or adjacent towns.

Any regular active member in good standing of the Essex Fells Volunteer Fire Department, upon moving from the Borough, may retain his/her membership privileges, provided that person maintains required percentages of training and duty.

All members of the Department shall serve a probationary period for six months. During this period and the conclusion thereof, each probationary member shall be evaluated solely by the officers of the Department who supervise him or her in performance of his or her duties. They may cause the dismissal of any member during their probationary period only for failure to perform the established duties of a probationary member in a reasonably satisfactory manner or other good cause and may do so by notifying the probationary member, in writing, of his or her rejection and the reasons therefor. At the end of the probationary period, said supervising officers shall determine whether or not the applicant has satisfactorily performed the duties of a probationary member. If they have, they shall promptly recommend to the membership that he or she be admitted to full membership, and their recommendations shall be binding on the Department and he or she shall be so admitted forthwith. If they have not, they shall promptly notify the probationary member, in writing, of his or her rejection and the particular reasons therefor. No vote of the membership shall be conducted on the issue of whether any probationary member shall continue as a probationary member or shall be admitted to full membership.

§ 29-6 Suspension or termination of members.

Any member may be suspended or terminated for violation of the ordinances. Additionally, any member may be suspended or terminated for the violations of respective company bylaws, or company or Department policy upon recommendation and advice of the Chief and officers of the Department. All suspensions and terminations shall be reported in writing to the Department Chief. Member appeals of terminations may be brought to the Borough Council for determination.

§ 29-7 Junior Firemen's Auxiliary.

There is hereby established an auxiliary to the Essex Fells Fire Department to be known as the Junior Firemen's Auxiliary, which shall operate under and pursuant to N.J.S.A. 40A:14-95 et seq. The Chief or his/her designee shall be responsible for the direction and control of the auxiliary established within his/her company.

Any resident of the Borough of Essex Fells between 16 and 18 years of age shall be eligible for membership in the Junior Firemen's Auxiliary. No individual shall become a member of the Junior Firemen's Auxiliary unless permission shall be obtained from such individual's parent or legal guardian. Such permission shall be in writing and acknowledged or proved in the manner required by law for deeds to real estate to be recorded. The original written permission shall be retained by the Borough Clerk with a copy of the same to be forwarded by the Clerk to the Fire Department Chief.

Members of the Junior Firemen's Auxiliary shall be provided with the same insurance coverage as provided for the regular volunteer firemen in the Essex Fells Fire Department.

The Borough Council hereinafter establishes the following rules and regulations designed to provide for the training of the Auxiliary for eventual membership in the Essex Fells Fire Department and to govern the activities of the Auxiliary:

(1)

No junior fireman shall be required to perform duties which would expose the junior fireman to the same degree of hazard as a regular member of the Essex Fells Fire Department.

(2)

No junior fireman shall be permitted to engage in firefighting or be in the immediate vicinity of a hazardous condition involving the handling of dangerous or poisonous acids or dyes or injurious quantities of toxic or noxious dust, gases, vapors and fumes.

(3)

A junior fireman shall be on probation until the age of 18 years and may be expelled from the Auxiliary for just cause.

(4)

A junior fireman shall comply with the constitution and bylaws of the Essex Fells Fire Department as well as any bylaws established by the Auxiliary itself.

(5)

A junior fireman shall obey the commands of the Fire Chief or any other officer of the Essex Fells Fire Department in charge of a drill or other Department activity.

(6)

Training shall include instruction concerning industrial fire systems; breathing apparatus; municipal water systems, hydrants and alternate water sources; care, testing and handling of fire hoses; types and uses of hand-held fire extinguishers; procedures for handling alarms; radio procedures; care, cleaning and basic maintenance of apparatus; preparation of knots for hoisting equipment; safety measures for riding on apparatus; use of personal safety equipment and hand tools; theory of pumps and hydraulic fire systems and the use of ladders, including their care and testing. Actual use of the equipment shall be encouraged whenever it shall be deemed advisable by the Essex Fells Fire Department, provided that a junior fireman shall not be exposed to any danger; adequate supervision shall be provided and all possible safety precautions shall have been taken.

(7)

Junior Firemen may apply for an adult class of membership, upon achieving the age of 18 years, by completing the appropriate application forms in accordance with Fire Department procedures.

(8)

Subject to the approval of the Borough Council, these rules and regulations may be supplemented by the Essex Fells Fire Department.

Article II Mutual Assistance Agreement [1]

[Adopted 6-15-2010 by Ord. No. 2010-887]

[1]

Editor's Note: Former Art. II, Junior Auxiliary, adopted 12-18-2007 by Ord. No. 2007-841, was superseded 4-20-2010 by Ord. No. 2010-885. See now Art. I, Establishment; Organization; Junior Firemen’s Auxiliary.

§ 29-8 Ratification and approval.

The following Mutual Assistance Agreement for Supplemental Fire Assistance among all the municipal corporations in the County of Essex be and is hereby ratified and approved, and the Mayor and Borough Clerk be and are hereby authorized and directed to execute said agreement and cause certified copies of the article, upon its adoption, to be distributed to the other municipalities in Essex County.

§ 29-9 Terms of agreement.

This agreement is made and entered into by and among the Township of Belleville, Township of Bloomfield, Township of the Borough of Caldwell, Township of Cedar Grove, City of East Orange, Borough of Essex Fells, Township of Fairfield, Township of Irvington, Township of Livingston, Township of Maplewood, Township of Millburn, Township of Montclair, City of Newark, Township of North Caldwell, Township of Nutley, City of Orange, Borough of Roseland, Township of South Orange, Township of Verona, Township of West Caldwell, and Township of West Orange, all municipal corporations of the State of New Jersey and being all the municipal corporations situated in the County of Essex;

Whereas, the parties hereto are geographically located in proximity to each other; and

Whereas, it is to the mutual advantage and benefit of the parties hereto that each of the other parties agree to render supplemental fire assistance in the event of an emergency, disaster or widespread conflagration or where it appears that an emergency, disaster, or widespread conflagration may develop, which may be beyond the control of a single party and therefore requires the assistance of one or more of the other parties hereto; and

Whereas, municipal corporations of the State of New Jersey are authorized, under N.J.S.A. 40A:14-156.1 to 40A:14-156.4 to provide fire assistance outside the normal territorial jurisdiction of the municipality;

Now, therefore, in consideration of their mutual covenants, the parties hereto agree as follows:

(1)

For the purpose of facilitating the provision of assistance pursuant to this agreement, the municipal corporations which are parties hereto shall agree to utilize the Level 1, 2, 3 System of response for mutual aid.

(2)

In the event of an emergency, disaster or widespread conflagration which is beyond the capacity and facilities of any one of the parties hereto, the other parties agree to furnish, upon request, fire assistance in coping with such emergency, disaster or widespread conflagration to the party requesting such assistance. The assistance requested may be upon an actual or standby basis.

(3)

The extent of assistance to be furnished under this agreement shall be determined solely by the municipal party furnishing such assistance, and it is understood that the assistance so furnished may be discontinued at the sole discretion of the furnishing party. Prior notification shall be made to the Incident Commander.

(4)

Fire officers who shall be commanded by their superior officer to perform fire duties outside the territorial limits of the municipality which regularly employs such officers shall be under the direction and authority of the local commanding officers of the municipality to which they are called to perform such fire duties, and they shall have the same powers, authority and immunities as have the members of the fire department of the municipality in which such assistance is being rendered.

(5)

All personnel furnished shall work, to the greatest extent possible, under their own supervisory personnel, and equipment furnished will ordinarily be operated by personnel of the party furnishing the equipment.

(6)

It is mutually agreed and understood that the provisions of the agreement shall be invoked only when, in the opinion of the Incident Commander, Fire Chief, Fire Commissioner, or other person or persons in charge of fire or public safety of the party requesting assistance, it is deemed necessary to request outside assistance because all of the normal facilities at their command have been exhausted and outside assistance is needed to control and suppress an emergency, disaster or widespread conflagration.

(7)

It is further agreed and understood that whenever, in the opinion of the Incident Commander, Mayor, Fire Chief, Fire Commissioner or other person or persons in charge of fire or public safety of any party, it is deemed necessary to request outside assistance, request shall first be made upon those parties which are within the level of the party requesting assistance. If sufficient assistance is available from those parties within the level of the party requesting assistance, no request shall be made upon any party in any other region.

(8)

At Level III, the Essex County Office of Emergency Management Fire Coordinator shall be notified in anticipation of continued mutual aid.

(9)

The municipality requesting assistance may, upon request, reimburse each municipality providing assistance, to the extent to which the municipality providing such assistance cannot obtain reimbursement of payment for such assistance from any county, state or federal governmental unit or agency, for expenditures actually incurred in furnishing assistance.

(10)

The parties hereto shall make request of the Essex County Office of Emergency Management Fire Coordinator that he or she serve as coordinator among the municipalities which are parties to this agreement, for the purpose of facilitating the provision of assistance pursuant to this agreement.

(11)

This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever.

(12)

Any party to this agreement may withdraw at any time, upon 30 days' written notice to each of the other parties, and, thereafter, such withdrawing party shall no longer be a party to this agreement; but this agreement shall continue to exist among the remaining parties.

(13)

This agreement shall become effective for each party hereof when that party by ordinance of its governing body ratifies and approves this agreement, and authorized the proper municipal officials to execute the same, at which time certified copies of said ordinance approving the same shall be distributed to the other parties.