[HISTORY: Adopted by the Township Council
of the Township of Stafford 9-21-1999 by Ord. No. 99-65. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 111.
It is the purpose of this chapter to establish
the Stafford Township Volunteer Fire Company No. 1 and the Warren
Grove Volunteer Fire Company Incorporated as the Township's official
volunteer fire companies in order to facilitate entry of the fire
companies into the New Jersey State Firemen's Association.
It is hereby determined and declared that the
Stafford Township Volunteer Fire Company No. 1 and Warren Grove Volunteer
Fire Company Incorporated, duly incorporated fire companies of the
State of New Jersey, are the official volunteer fire companies of
the Township of Stafford.
No person shall hereafter become a member of
the Stafford Township Volunteer Fire Company No. 1 or the Warren Grove
Volunteer Fire Company Incorporated or any unit thereof unless at
the time of appointment such person is above the age of 18 years and
not over the age of 45 years. He/she shall be physically fit to perform
the duties of a fire person as evidenced by a certificate to that
effect by a practicing physician of the State of New Jersey. This
certificate shall be provided at either the member's own expense or
the expense of the Stafford Township Volunteer Fire Company No. 1
or Warren Grove Volunteer Company Incorporated.
Every member of the fire companies shall, in
each and every year, perform at least 60% of fire duty as defined
by N.J.S.A. 40A:14-55 and 40A:14-56. These statutory sections define
"fire duty" as active participation in the usual duties of a fireman
under the direction and supervision of the official in charge of the
fire department and "60% of duty" as actual recorded attendance and
rendering of fire service at not less than 60% of regular alarms of
fire answerable by the members during any calendar year; the total
number of alarms used in computing said percentage may include not
more than 20 fire drills called at the direction of the official in
charge of the Fire Department or force. A record shall be kept of
such attendance and duty by the Chief of the fire companies and reported
to the Mayor and Township Council annually.
Each person seeking to join the Stafford Township
Volunteer Fire Company No. 1 or Warren Grove Volunteer Fire Company
Incorporated shall make application to the fire company and, upon
acceptance by the respective fire company, he/she shall become a member
in good standing of the Stafford Township Volunteer Fire Company No.
1 or Warren Grove Volunteer Fire Company Incorporated after approval
of his/her membership by the Chief of the fire company and confirmation
by the Mayor and Township Council. His/her name shall be entered on
a roll of firemen kept by the Township Clerk.
Upon adoption of this chapter, the Township
Clerk is hereby authorized and directed to forward a certified copy
of this chapter to the New Jersey State Firemen's Association.
[Added 6-18-2024 by Ord. No. 2024-18]
A.
COSTS
DEPARTMENT
DISCHARGE
HAZARDOUS SUBSTANCE
INCIDENT
MATERIALS
PERSON
PETROLEUM PRODUCT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All costs incurred by the Stafford Township Volunteer Fire
Department No. 1 or the Warren Grove Volunteer Fire Company, including,
but not limited to, the following: actual labor costs of personnel,
including workers' compensation benefits, fringe benefits and
administrative overhead; cost of equipment operation and depreciation;
cost of materials; administrative and billing costs; and the cost
of any outside contract for labor and materials.
The Stafford Township Volunteer Fire Department No. 1 or
the Warren Grove Volunteer Fire Company.
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of any hazardous substance into the water, onto the land,
or into the air.
Any and all elements and compounds, including petroleum products,
which are defined as such by the New Jersey Department of Environmental
Protection or as are defined in the N.F.P.A. Guide of Hazardous Materials,
or as are set forth in the list of hazardous substances adopted by
the Federal Environmental Protection Agency, or as are defined on
the list of toxic pollutants designated by Congress or the Environmental
Protection Agency.
All emergencies requiring the call out of the Department,
including, but not limited to, motor vehicle accidents, structure
fires, alarm responses, and rescues.
All materials, including, but not limited to, firefighting
foam, chemical extinguishing agents, absorbent material, sand recovery
drums, and specialized protective equipment, such as acid suits, acid
gloves, goggles and protective clothing.
Any public or private corporation, company, association,
society, firm, partnership, joint-stock company, individual, or other
entity.
Oil or petroleum of any kind and in any form, including,
but not limited to, oil, petroleum, gasoline, kerosene, fuel oil,
oil sludge, oil refuse, oil mixed with other wastes, crude oils and
substantives or additives utilized in the refining or blending of
crude, petroleum or petroleum stock.
B.
Authorization to recover costs and expenses. The governing body of
the Township of Stafford authorizes the Department to recover all
costs and materials as defined herein expended by the Department in
response to any incident as defined in this section.
C.
Schedule of fees and costs. A schedule of fees and costs to be charged
and invoiced by the Department to any person or its insurance carrier
for whom or for whose property such services were rendered and/or
materials provided shall be promulgated by the Department, approved
by resolution of the governing body, and available for distribution
to any person for which reimbursement is sought.
D.
Persons responsible for reimbursement to Department. Reimbursement
to the Department as hereinbefore indicated shall be made by:
(1)
The person(s) that own or operate any vehicle responsible for hazardous
material fire, discharge of hazardous material, or any other condition
resulting from any accident or incident requiring the call out of
the Department and its expenditure of costs;
(2)
Any person(s) who own real or personal property responsible for hazardous
material fire, discharge of hazardous material, or any other condition
resulting from any accident or incident requiring the call out of
the Department and its expenditure of costs;
(3)
The person(s) that own or are responsible for any vessel containing
the hazardous material involved in such fire or discharge, whether
stationary or in transit, and whether accidental or negligent;
(4)
The owner or person(s) responsible for any property from which any
discharge of hazardous material emanates, whether accidental or through
negligence; and
(5)
The person(s) responsible for any incident as defined herein that
requires the call out of the Department and the Department's
incurring of costs.
E.
Third-party billing agent. The Department is hereby authorized to
bill and collect costs due to it under this article through a third-party
billing agent, provided that any such agreement with any professional
agency engaged in the business of emergency response billing shall
be subject to the approval of the Mayor and Township Council.
F.
Collection of costs. Said costs and fees as outlined above and as
set forth on the schedule of fees and costs herein shall be recovered
directly by the Department, or through a third-party professional
agency engaged in the business of emergency response billing under
a contract with the Department, by billing to the responsible party.
G.
Interest and administration fees. In addition to the aforementioned
fees and costs, the Department is hereby authorized to collect reasonable
interest and administration fees for the collection of the fees and
costs due and owing from the insurance companies or responsible parties
for the services rendered and/or materials provided.
H.
Report to governing body. The Department shall provide not less than
annually a report to the governing body detailing all billing and
receipts under this article.
I.
Time limit for reimbursement. Any person(s) responsible for any vehicle
fire, discharge of hazardous materials, structure fire, or other incident
as defined in this section shall reimburse the Department pursuant
to the schedule of fees hereunder or provide proof that it has submitted
a claim to its insurance carrier for payment within 45 days after
receipt of a statement from the Department outlining said costs and
expenses. These provisions shall be subject to the following:
(1)
Persons receiving services from the Department shall cooperate with
the Department or other billing personnel hired by the Department
to secure full payment for services rendered from any necessary insurance
carrier.
(2)
Due to anticipated time requirements for the preparation and processing
of insurance claims, parties that have provided proof of a claim to
their insurance carrier shall not be charged interest or be subject
to penalties hereunder.
(3)
Responsible person(s) under this chapter shall ensure that the Department
is authorized to receive any payments from an insurance carrier as
required by this article.
(4)
The Department reserves the right to determine that a bill is uncollectable
by reason of unavailability of insurance coverage and be written off.
