[HISTORY: Adopted by the Mayor and Council of the Borough of New
Providence 5-29-1973 by Ord. No. 73-7
as Ch. 9 of the 1973 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Purchasing and claims payment — See Ch. 83.
[Amended 12-27-1990 by Ord. No. 90-14]
The Fire Department of the Borough shall consist of such companies as
the Borough Council from time to time may determine and provide for. The officers
of the Fire Department shall be a Chief, two Deputy Chiefs and four Captains
as provided for in § 51-2.
[Amended 12-27-1990 by Ord. No. 90-14]
The members of all companies shall meet together at the regularly scheduled
meeting in December in each year to elect a Chief, two Deputy Chiefs and four
Captains for the Fire Department, to serve for a period of one year and to
serve until their successors take office. On the same date, each company may
cause to be elected such officers as their bylaws require. Such meetings shall
be presided over by the Chairman or Cochairman of the Public Safety Committee
of the Borough Council. The results of the election shall be recorded by a
clerk who shall be appointed for this purpose by the Chairman. The election
of officers of the Fire Department shall be subject to approval of the Borough
Council. In the event that no person is so elected, the Chairman may adjourn
the meeting, to be reconvened within seven days. A majority of all the votes
cast shall be necessary for election.
In case of a vacancy in any office of the Fire Department, the Mayor
shall call a special meeting of the Fire Department for the purpose of electing
an officer to fill such vacancy. The officer elected shall serve until the
next regular election.
A.
The Chief shall, at each alarm of fire, have sole and
absolute control and command of all the apparatus and all members of the Fire
Department and over all other fire apparatus and persons aiding and assisting
the Department. In the absence of the Chief at each alarm of emergency, the
command shall devolve upon the Deputy Chief senior in office and, in his absence,
upon the Deputy Chief junior in office. In the absence of the Chief and Deputy
Chiefs, the command shall devolve upon the Captain arriving first at the scene.[1]
B.
It shall be the duty of the Deputy Chiefs to cooperate
with the Chief in the discharge of all duties imposed upon them by this chapter.[2]
C.
In the event of the inability of the Chief to perform
the duties of his office for any reason whatsoever, the senior Deputy Chief
shall become Acting Chief and, in the absence of the Chief and the senior
Deputy Chief, the junior Deputy Chief shall become Acting Chief.
D.
Each Captain shall implement the orders of the Chief
with respect to his company and shall undertake such special assignments as
may be directed by the Chief.
[Amended 10-9-1973 by Ord. No. 73-14; 11-11-1974
by Ord. No. 74-26; 2-10-1986 by Ord.
No. 86-1]
A.
Limitation of members. Membership if a fire company in
the Borough of New Providence shall be limited to no more than 50 members.
B.
Qualification for membership. A person shall be eligible
to commence membership in any company of the Department, provided that he
is at least 18 years of age and not over 50 years of age and residing or employed
within the Borough and provided that he shall be approved for membership by
the Department Membership Investigating Committee and the Borough Council.
Upon approval by the Department Membership Investigating Committee, the nomination
for membership shall be submitted to the Borough Council for approval.[1]
C.
Term of membership. Effective January 1, 1990, continuing
membership shall be limited to individuals between the ages of 18 years and
70 years of age inclusive; provided, however, that any member in good standing
having attained the age of 55 years of age or any member who by reason of
physical disability is unable to perform fire-suppression duties shall be
eligible to become a member of the Fire Warden's Division of the fire
company by applying therefor in the manner prescribed by the bylaws of the
Fire Department. The membership of an individual who attains the age of 70
years and who does not apply for membership in the Fire Warden's Division
shall be terminated.[2]
[2]
Editor's Note: Amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. In addition, original Sec. 9-6, Control by council;
fire duty; expulsion for failure to fulfill duty, which immediately
followed this subsection, was deleted at time of adoption of Code; see Ch.
1, General Provisions, Art. I.
A.
Upon the suspension of any member of the Fire Department
by any company, such company shall report to the Council the reasons for the
suspension.
B.
When a member of the Fire Department shall resign or
be removed therefrom, the secretary of the company to which such member was
attached shall make a report of the removal or resignation forthwith to the
Chief. The Chief shall report to the Council, at every monthly meeting, the
names of members of the Fire Department who resign or were removed since the
previous report.
B.
No supplies shall be ordered nor shall any expenses be
incurred under this section except on the written order of the Chief or Acting
Chief, with such order countersigned by the Chairman or Cochairman of the
Public Safety Committee of the Borough Council, in accordance with the purchasing
and claims procedure. No bill shall be presented to the Borough Council unless
it is certified to be correct by the Chief or Acting Chief and approved by
the Chairman or Cochairman of the Public Safety Committee of the Borough Council.
No officer or member of the Department shall be authorized to enter into any
contract binding upon the Borough unless authority so to do is first specifically
granted by resolution of the Borough Council.[1]
[Amended 10-9-1973 by Ord. No. 73-14[1]]
A yearly clothing allowance in an amount to be established by the Mayor
and Council is hereby established for the benefit of the firemen performing
fire duty. The allowance shall be paid upon certification in writing of the
Chief or Acting Chief. Sworn bills for such allowance shall not be required.
It shall be the duty of the Chief or, upon his order, the Deputy Chiefs
or any other officer to examine the several apparatuses belonging to the Fire
Department at least once every two weeks and after every use in case of fire.
Such officers shall have the apparatuses maintained in working condition and
ready for efficient service and use.
[Added 2-10-1986 by Ord. No. 86-1]
A.
There is hereby created a Fire Warden's Division
of each fire company, the membership of which shall consist of those members
of the respective fire companies who shall have attained the age of 55 years
and who shall apply for membership therein. No member of a fire company shall
be denied membership in the Fire Warden's Division of the fire company
of which he was a member, provided that any member who has become unable to
perform fire-suppression duties may apply for such membership at any age.
Members of the Fire Warden's Division shall continue to perform non-fire-suppression
duties and shall retain all rights, privileges and obligations of members
of the fire company. Members of the Fire Warden's Division may serve
as officers of the fire company but may not serve as officers of the New Providence
Fire Department.
[Added 8-11-1986 by Ord. No. 86-7]
Each fire company/hose company of the Borough of New Providence receiving
public funds by solicitation from the public shall annually, on or before
February 15 of each year, prepare and publish a statement reflecting the total
amount of funds received by said fire company/hose company from such sources,
together with a statement, by appropriate category, of expenditures made.
Publication of the same shall be satisfied by delivery of a written copy thereof
to the Borough Clerk, which shall thereupon be deemed a public record.
[Added 8-11-1986 by Ord. No. 86-7]
Each fire company/hose company to whom public funds are received pursuant
to N.J.S.A. 40A:14-34 and § 51-7 of the Code of the Borough of New
Providence shall provide for an audit to be made of all funds and expenditures
received and made by said fire company/hose company for each calendar year
by an independent auditing firm selected by the fire company/hose company.
Said audit shall be completed and a copy thereof delivered to the Borough
Clerk on or before April 1 of each year. The written audit report shall be
a public record and shall be reviewed by the Mayor and Borough Council. In
the event that for any reason a fire company/hose company shall fail to provide
a written audit report by an independent auditing firm by April 1 of any year,
then and in that event, the Borough Council shall appoint an independent auditor
and shall provide for an audit in the manner above stated. Each fire company/hose
company shall be required to make available the necessary records to permit
a thorough and efficient audit as here required.
[Added 8-11-1986 by Ord. No. 86-7]
On or before February 15 of each year, each fire company/hose company
shall adopt an annual budget for its operation and furnish a copy thereof
to the Mayor and Borough Council.
[Added 7-10-2000 by Ord. No. 2000-4]
A.
Any member removing his place of residence from the Borough
may remain a member, providing he has performed more than one year of satisfactory
service, and that the membership, after a recommendation of the Investigating
Committee, votes to agree that the member lives or works in close enough proximity
to the Borough, that satisfactory fire duty may be performed. However, nonresident
members may not serve as Chief. If the nonresident member changes his residence,
his status will again be reviewed by the Investigating Committee and membership
as above.
B.
The Chief shall not serve more than five successive terms
of one year each.
