[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, the Township Clerk shall keep a true and complete list
of the active volunteer firemen of the Township.
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.