[HISTORY: Adopted by the Township Committee of the Township of Wyckoff 11-8-1961 by Ord. No. 413. Amendments noted where applicable.]
GENERAL REFERENCES
Indemnification and defense — See Ch. 42.
Length of service awards program — See Ch. 49.
Police Department — See Ch. 54.
Retirement programs — See Ch. 60.
Alarm systems — See Ch. 79.
Fire prevention — See Ch. 115.
Fire prevention administration — See Ch. 116.
Hazardous materials — See Ch. 122.
Property maintenance — See Ch. 152
The Fire Department of the Township of Wyckoff shall consist of the following volunteer fire companies: Protection Fire Co. No. 1, Community Engine Co. No. 2, Sicomac Community Engine Co. No. 3 and such other companies as may hereafter be organized under the authority and jurisdiction of the Township Committee of the Township of Wyckoff.
The Township Committee shall have full charge and control over the Fire Department, and title to all of the fire equipment shall vest in the Township. The Township Committee shall appoint one of its members, to be known as the "Fire Commissioner," to act for and on behalf of the Committee to the fullest possible extent. The Chief of the Fire Department, who shall be elected as hereinafter provided, shall have control over the operations of the Fire Department and said fire equipment, subject only to the Township Committee, and he shall be responsible for the maintenance, care and proper condition of all equipment and the management of the Fire Department.
The membership of the Department shall consist of active, active exempt, exempt and overage members of said Protection Fire Co. No. 1, Community Engine Co. No. 2, Sicomac Community Engine Co. No. 3 and such other companies as may hereafter be organized under the authority and jurisdiction of the Township of Wyckoff in the County of Bergen.
[Amended 9-7-1976 by Ord. No. 736; 2-4-1992 by Ord. No. 1133]
A. 
In order to qualify for membership in the Fire Department, a person shall, at the time of application, be not less than 18 nor more than 45 years of age and:
(1) 
Be a citizen of the United States.
(2) 
Be sound in body and of good health, physically fit to perform the duties of a fire fighter, and shall produce evidence of physical fitness in the form of a certificate to that effect, after physical examination by a licensed practicing physician of New Jersey approved by the Township Committee. Such evidence of good health shall comply with the reasonable rules and regulations as established by the Executive Committee of the New Jersey State Firemen's Association in accordance with N.J.S.A. 43:17-9.
(3) 
Have a high school diploma or equivalency certificate and be able to read, write and speak the English language well and intelligently.
(4) 
Be of good moral character.
(5) 
Have not been convicted of any criminal offense involving moral turpitude.
(6) 
Hold a valid New Jersey driver's license.
B. 
Such applicant shall have been a resident of the Township of Wyckoff or a municipality bordering the Township of Wyckoff for at least one year or be presently employed full-time (35 hours per week) within the Township of Wyckoff. Any member who shall move his or her residence from the Township of Wyckoff or such bordering municipality may remain a member in good standing of the Wyckoff Fire Department so long as his or her residence remains in a municipality which borders on the Township of Wyckoff. In the event that employment is no longer within the Township of Wyckoff or residence is not within the Township or in a bordering municipality, a member may request a leave of absence for one year. If such request is not received within 60 days after moving from the Township of Wyckoff or the bordering municipality, or termination of employment, said member shall be notified in writing that he or she has been removed from the rolls of the Wyckoff Fire Department. If, after a leave of absence for one year, a member continues to reside outside the Township of Wyckoff or outside a bordering municipality or is not employed within the Township of Wyckoff (35 hours per week), he or she shall cease to be a member of the Wyckoff Fire Department and shall forfeit all rights and privileges accruing from such membership, except those benefits provided to exempt members by law.
[Amended 2-6-2007 by Ord. No. 1550]
C. 
Persons who were previously fire fighters in other municipalities within the State of New Jersey shall be eligible for membership after residency in the Township of Wyckoff for three months.
D. 
Persons who are admitted after reaching their 41st birthday shall waive all rights to benefits provided by the State of New Jersey and the Township of Wyckoff unless such person is within the quota of a Fire Department of another municipality of this state, and, in that event, such benefits shall not be deemed waived.
[Amended 9-7-1976 by Ord. No. 736]
Every person seeking to join the Fire Department shall make application to the company in the area in which he resides. All applications shall be delivered to the Secretary or officer designated to receive applications, who shall date each application with the time of receipt and shall number the application according to its order of receipt relative to other applications. The Secretary or officer designated to receive applications shall promptly send a letter or postcard to each applicant, stating the number of his application and the date and time in which it was received. A Membership Committee consisting of not more than 15 members shall be solely responsible for evaluating and ruling upon applications for membership. The committee, within 60 days of receipt of an application, shall make a report to the Department as to whether or not the applicant qualifies for membership. Its decision shall be binding on the Department and no vote of the membership shall be conducted on the issue of whether an applicant shall be admitted to membership. Qualified applicants shall be admitted in the order in which their applications were received, in the manner set forth above, as soon as vacancies exist. If at any time the number of qualified applicants exceeds the number of current vacancies, a waiting list shall be established according to the order in which the applications were received and appointments shall be made therefrom to the company in which they have applied in that same order. If the Membership Committee determines that an applicant does not meet the minimum requirements for membership, the Committee Secretary shall promptly advise the applicant in writing of his rejection and the qualifications described with particularity which the applicant has not substantially met. Immediately after being admitted to membership, all applicants shall become probationary members in good standing and their names shall be entered on the roll of fire fighters kept by the Township Clerk.
[Amended 10-17-1972 by Ord. No. 670; 4-5-2011 by Ord. No. 1643]
The officers of the Fire Department shall consist of a Chief, Assistant Chief, Secretary, Treasurer and such other officers as the Township Committee may from time to time provide for by resolution. The Fire Chief shall be responsible to the Township Committee for the efficient operation of the Department. The Assistant Chief shall oversee all mandated compliance and training for the Department. The Secretary shall be responsible for keeping or causing to be kept accurate records of the meetings of the Department. The Treasurer shall be responsible for keeping or causing to be kept an accurate record of the finances of the Department. The Chief shall keep or cause to be kept an accurate inventory record of all equipment and property of the Department, and he shall report monthly to the Township Committee regarding the activities and general condition of the Department, including such suggestions or recommendations as may be proper and necessary. Reports made to the Fire Commissioner shall constitute reports to the Township Committee.
The Township of Wyckoff shall be divided by the Chief, subject to advice of the Board of Fire Officers and subject to approval by the Township Committee, into several areas, each of which shall be in charge of a Deputy Chief and Battalion Chief. There shall be one or more fire companies serving each area, and each company shall have a Captain and Lieutenant.
[Amended 4-5-2011 by Ord. No. 1643]
A. 
The Chief, the Secretary and the Treasurer shall be elected annually, except as otherwise hereinafter provided, at an election to be held on the day of the annual departmental meeting and by a majority vote of the members of the Fire Department qualified to vote and voting on said day. The annual departmental meeting shall be held on the third Monday of September of each year. Upon confirmation thereafter by the Township Committee, they shall assume office commencing on the first day of January after their election, and they shall hold office for two years or until their respective successors are elected and confirmed as hereinafter provided. An incumbent Chief may run for reelection and succeed himself for two successive one-year terms, and his total term of office shall not exceed three consecutive terms or four consecutive years. The Secretary and the Treasurer shall hold office for a term of two years and may succeed themselves for an unlimited number of one-year terms.
B. 
The Assistant Chief shall be elected annually at an election to be held on the day of the annual departmental meeting and by a majority of votes of the members of the Fire Department qualified to vote and voting on said day. Upon confirmation thereafter by the Township Committee, the Assistant Chief shall assume office commencing on the first day of January after the election. The Assistant Chief shall hold office for one year or until his/her respective successor is elected and confirmed as hereinafter provided. An incumbent Assistant Chief may run for reelection and succeed himself for unlimited one-year terms.
Deputy Chiefs, Battalion Chiefs, Captains and Lieutenants shall be elected by the members of their respective companies by a majority vote of the members present and qualified to vote at the annual meeting of each company, which shall be the regular December meeting of the respective companies. Such officers shall be subject to confirmation by the Township Committee, and upon confirmation the term of such officers shall commence on the first day of January after their election and continue for a term of one year or until their respective successors are elected and confirmed.
The Department, area and company officers shall comprise the Board of Fire Officers, which shall assist and advise the Chief, who shall preside over said Board.
The election of officers shall be confirmed by the Township Committee not later than the second regular meeting of the Township Committee following the election of the respective officers. If the Township Committee fails to confirm any officer within the time provided above, another election shall be held forthwith.
Charges warranting suspension or dismissal may be preferred by the Chief against any member of the Department or by the Township Committee against any member of the Department, including the Chief. Such charges shall be made in writing, filed with the Township Clerk, and a copy served upon the alleged offender, who shall be afforded a hearing by the Board of Fire Officers (except in the case of the Chief, where the hearing shall be held by the Township Committee). The Board or Township Committee, as the case may be, may, after a hearing, suspend or dismiss a fireman for good cause upon a majority vote. Any member of the Fire Department who shall be suspended or dismissed by the Board of Fire Officers shall have a right to appeal to the Township Committee within 20 days after such suspension or dismissal, and such fireman shall be suspended as a member of the Fire Department pending hearing of the appeal.
In accordance with N.J.S.A. 40:47-32,[1] the Township Clerk shall keep a true and complete list of the active volunteer firemen of the Township.
[1]
Editor's Note: Currently, see N.J.S.A. 40A:14-41.
The Chief shall have the right to utilize any equipment, property or personnel of the Fire Department that he deems necessary for the handling of any fire emergency. In addition, he shall formulate or cause to be formulated rules and regulations pertaining to signals of alarm, procedure for answering alarms, discipline of members at all functions and any other rules and regulations necessary for efficient operation of the Department. He may also order detachment of officers and members between the various fire companies with approval of the members affected and subject to approval by the Township Committee.
The membership of the Fire Department may adopt a constitution and bylaws, not inconsistent with the terms and provisions of this chapter and subject to approval by the Township Committee. Prior to adoption of the rules and regulations for the Fire Department referred to above, the Chief shall present the same to the Township Committee for approval. Copies of any duly adopted constitution, bylaws or rules and regulations shall be filed with the Township Clerk.
[Amended 4-5-2011 by Ord. No. 1643]
In the event of the resignation, death or incapacity of any officer, the Township Committee shall appoint a member of the Fire Department to such office to act in place and stead of such officer until an election can be held. Subject to overall command by the Chief and Assistant Chief, the Deputy Chiefs of each area shall have sole command over all their companies’ equipment, and it shall be their duty to direct all other officers and members of their respective companies in the performance of their duties and to examine and account for the companies’ equipment.
Persons who were members in good standing of Protection Fire Co. No. 1, Community Engine Co. No. 2 and Sicomac Community Engine Co. No. 3 as of November 8, 1961, are continued as members of the Wyckoff Fire Department and their respective companies.
[Added 5-19-1987 by Ord. No. 1011]
The Township of Wyckoff be and is hereby authorized to participate in the intermunicipal mutual fire and emergency aid system established by the Northwest Bergen Mutual Aid Association in accordance with the provisions of N.J.S.A. 40A:14-156, and the Mayor and Township Clerk be and are hereby directed to execute and deliver such agreements as may be necessary to implement this authorization with other municipalities participating in said Association.
[Added 5-19-1987 by Ord. No. 1011]
A. 
The Township of Wyckoff be and is hereby authorized to participate in an intermunicipal fire and emergency reciprocal agreement with the Borough of Hawthorne and the Borough of North Haledon providing for mutual assistance between said communities in the event of fire, disaster or other emergency, and the Mayor and Township Clerk are hereby authorized to enter into and deliver such agreements as may be necessary to implement this authorization.
B. 
This section shall become effective upon the adoption of reciprocal ordinances by the Borough of Hawthorne and the Borough of North Haledon providing for such fire assistance agreements.