[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 7-15-2003 by Ord. No. 1236.[1] Amendments noted where applicable.]
[1]
Editor's Note: The ordinance also repealed
former Ch. 35, Fire Department, consisting of the following: Art.
I, Establishment; Membership; Procedures, adopted 5-28-1974 by Ord.
No. 628 as Chapter 41 of the 1966 Code of the Borough of Emerson,
as amended; and Art. II, Emerson Volunteer Fire Department Company
Number 1, adopted 12-18-2001 by Ord. No. 1189.
A Fire Department be and the same is hereby
established in and for the Borough of Emerson, to consist of such
officers and firefighters as hereinafter prescribed.
Qualifications for membership in the Emerson
Fire Department are hereby established as follows: not less than 18
years of age.
[Amended 12-7-2021 by Ord. No. 1640-21]
The Mayor shall appoint two members of the Borough
Council, who shall be known as the "Fire Department Liaison" and the
"Deputy Fire Department Liaison," respectively. The Fire Department
Liaison, and in his absence from the Borough for a period of more
than three days, the Deputy Fire Department Liaison, shall have the
supervision, control and management of the Fire Department, subject,
however, to the ultimate control of the Mayor and Borough Council.
[Amended 12-7-2021 by Ord. No. 1640-21]
The Fire Department shall elect, subject to
the confirmation of the Borough Council, two members of the Fire Department,
who shall be known as "Chief” and "Assistant Chief," respectively.
They shall hold office for a term of one year, and the Chief, and
in his absence the Assistant Chief, shall have control of the Fire
Department, subject to the control of the Fire Department Liaison
or Deputy Fire Department Liaison and the Mayor and Borough Council.
There shall be as many hose, hook-and-ladder
or other companies as the Mayor and Borough Council may, from time
to time, create and accept.
Each company shall have a Captain and Lieutenant.
The Lieutenant shall be subordinate to the command of the Captain.
Each company shall also have such other officers as the company may,
from time to time, determine upon. All of the officers of the company
shall hold office for terms of one year and shall be elected by a
majority vote of the members present at the annual meeting of each
said company, except that, in the event of the organization and acceptance
of any new company in the Fire Department of the Borough of Emerson,
said annual election shall be held on a date to be fixed by the Mayor
and Borough Council and the officers so elected shall hold office
until the next regular annual meeting.
[Amended 12-7-2021 by Ord. No. 1640-21]
All other matters pertaining to the election
of officers of the several companies shall be under the control of
the Fire Department Liaison, except that the Fire Department Liaison
shall certify to the Mayor and Borough Council, at the next regular
meeting of said body held thereafter, the result of any election held
as herein prescribed, and the election of said officers shall be subject
to the confirmation of the Mayor and Council.
The Chief and Assistant Chief and all officers
of any company shall hold office until their successors have been
elected and confirmed.
The membership of each company shall be limited
to 65 members, not including life members or cadets.
A.
Membership in the Emerson Fire Department is open
to all persons who are able to perform the duties of volunteer firefighters
without discrimination on the basis of the applicant's race, creed,
color, sex, age, national origin, ancestry, marital status or physical
handicap.
B.
The Department shall establish objective qualifications
for membership, which shall relate directly and solely to the physical
and technical ability and character fitness of an applicant to perform
the vocational duties of a volunteer firefighter.
C.
All persons desirous of becoming members of the Emerson
Fire Department must obtain a membership application from the Fire
Chief or Borough Clerk and submit the completed application to the
Membership Committee for review and action.
[Amended 4-20-2021 by Ord. No. 1627-21]
D.
Any person who is a resident of the Borough of Emerson
or any municipality which borders on the Borough of Emerson for a
period of six months, a citizen of the United States, at least 18
years of age and of good character is eligible for membership in the
Emerson Fire Department.
E.
The Membership Committee shall be solely responsible
for evaluating and ruling upon applications for membership. It shall,
within 60 days of receipt of the completed application and subsequent
review of the Investigating Committee, 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 probationary membership.
F.
Applicants reported by the Investigation Committee
to be qualified for membership shall be admitted in the order in which
their applications were received as soon as vacancies exist. If at
any time the number of applicants found to be qualified exceeds the
number of current vacancies, a waiting list shall be established according
to the order on which the applications were received, and appointments
shall be made therefrom in that same order. The quota shall be filled
in the order in which the applications were received, except if any
former member of the Department applies for reinstatement within a
period of one year from the date of his or her resignation, he or
she shall be given preference over any pending new applicants and
transferees. Transferees shall also be given preference over any new
applicants.
[Amended 4-20-2021 by Ord. No. 1627-21]
G.
If the Membership Committee determines that an applicant
does not meet the minimum requirements for membership, the Department
Secretary shall promptly advise the applicant in writing of the rejection
and the qualifications described with particularly which he or she
has not substantially met.
H.
Newly accepted applicants must serve a one-year probation.
During the probationary period, the applicants are required to take
and pass Firefighter I training course at the Bergen County Law and
Public Safety Institute. During the probation period and at the conclusion
thereof, each probationary member shall be evaluated solely by the
line officers of the Department who supervise him or her in the performance
of his or her duties. They may cause the dismissal of any member during
the probationary period only for failure to perform the established
duties of 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 particular reasons therefor.
At the end of the probationary period, the said supervising officers
shall determine whether or not the applicant has satisfactorily performed
the duties of a probationary member. If he or she has, they shall
promptly recommend to the membership that he or she be admitted to
full membership, and their recommendation shall be binding on the
Department, and he or she shall be admitted forthwith. If he or she
has 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 be admitted to full
membership. Once admitted into probationary status by the Membership
Committee, the continuance of the applicant through that period and
into full membership is at the sole discretion of the Board of Fire
Officers.
[Amended 4-20-2021 by Ord. No. 1627-21]
I.
Life membership can be attained with the following
qualifications:
(1)
When a member has reached the age of 50 years and
has 25 years’ service in the Department and has attained his
or her exemption or has performed, during a period of seven years,
60% of fire duty or, after January 1, 2009, 50% of fire duty, in each
year, respectively, he or she may become a life member.
[Amended 7-7-2015 by Ord.
No. 1503-15]
(2)
When a member has reached the age of 70 years and
has 20 years of service in the Department and has attained his or
her exemption or has performed, during a period of seven years, 60%
of fire duty or, after January 1, 2009, 50% of fire duty, in each
year, respectively, he or she must become a life member.
[Amended 7-7-2015 by Ord.
No. 1503-15]
(3)
The rights and privileges of a life member are:
(b)
Full clothing allowance at the prevailing rate for as long as the member remains a resident of the Borough of Emerson or qualifies under Subsection J as a resident.
(c)
No percentage requirement to qualify for clothing
allowance.
(d)
No heavy or hazardous duty at fires or drills.
(e)
Life members retain all rights of regular members.
[Amended 11-22-2022 by Ord. No. 1661-22]
(f)
Life members will be exempt from Department
dues.
(g)
There will be no termination of life membership
due to age.
(h)
Life members will not be counted in the Department's
membership quota.
J.
Any member or life member of the Emerson Fire Department
who moves to any municipality which borders on the Borough of Emerson
may still remain an active member, or because of age and service,
a life member of the Emerson Fire Department.
K.
Any person
who is employed full-time within the Borough of Emerson and who is
a qualified firefighter in a fire department in the State of New Jersey
shall be eligible to join the Emerson Fire Department as a supplemental
firefighter. Supplemental firefighters shall serve as members of the
Emerson Fire Department only during their working hours and shall
fulfill all duties as set forth by the Board of Fire Officers but
shall not be eligible to run for any position in the Emerson Fire
Department or vote on any Department matter.
[Added 7-20-2010 by Ord. No. 1411]
[Amended 12-7-2021 by Ord. No. 1640-21]
The several companies may establish, with the
approval of the Fire Department Liaison, such rules, regulations and
bylaws governing themselves, but such rule, regulation or bylaw shall
not be inconsistent with this article or the rules or regulations
of the Mayor and Council or of the Fire Department Liaison. No rule,
regulation or bylaw shall be suspended, amended or promulgated without
the consent of the Fire Department Liaison.
[Amended 12-7-2021 by Ord. No. 1640-21]
All rules and regulations of the Fire Department
Liaison or of the Mayor and Council and of the respective companies
of the Department and the Department as a whole shall not become effective
until 10 days after the same shall have been posted at fire headquarters.
Such rules and regulations shall remain posted for a period not less
than six months.
[Amended 12-7-2021 by Ord. No. 1640-21]
The conduct of the Department while on active
duty shall be governed as follows: The Chief shall be in command at
all times after the apparatus leaves fire headquarters and at other
times be responsible to the Fire Department Liaison for the condition
of the same. In the absence of the Chief and the Assistant Chief,
the first officer arriving shall have charge until the arrival of
his superior officer. It shall be the further duty of the senior officer
or other designated head of each company to have charge of their respective
companies and apparatus at fires, under the direction always of the
Chief or other executive officers, and to see that their apparatus
and quarters shall always be kept in good, clean and respectable condition.
It shall be required of the senior officer or
other company head to make a report to the Chief of all service rendered
by his company in response to an alarm, and he shall record, in a
book he shall keep for the purpose, the names of the members responding
to roll call upon arrival at headquarters.
[Amended 7-20-2010 by Ord. No. 1411]
A.
When charges
have been brought against officers or members of the Department for
infraction of the rules of the Department, of this article or the
rules and regulations of the Fire Department Liaison or of the Mayor
and Council, where suspension or expulsion has been recommended, the
Board of Fire Officers shall immediately refer said charges in writing
to the Borough Administrator and the Fire Department Liaison. The
Borough Administrator shall, as speedily as possible, proceed to investigate
the charges and, after such investigation, shall report his/her findings
in writing to the Mayor and Council. The Borough Administrator may,
in consultation with the Board of Fire Officers and subject to the
approval of the Board of Fire Officers and the Mayor and Council,
rescind the charges or impose discipline other than suspension or
expulsion. Where the Board’s recommendation of suspension or
expulsion remains unchanged, the Mayor and Council shall thereupon
cause a notice in writing to be served on the officer or member against
whom the charges are preferred, to appear before the Mayor and Council
at a time and place to be specified therein to answer such charges,
and may request the appearance of any other officers or individuals
whose testimony the Mayor and Council may deem useful in making their
decision. After hearing said officer or member of the Department or
his attorney in his behalf in his own defense (or in case he fails
to appear), the Mayor and Council may, by resolution, reprimand, suspend,
fine or dismiss said officer or member from the Department or exonerate
him from the charges.
[Amended 12-7-2021 by Ord. No. 1640-21]
B.
Where an
officer or member has been suspended for more than one year or has
been dismissed from the Department, he or she shall be permitted to
apply in writing to the Mayor and Council for reinstatement in the
Department no sooner than one year to the date after the suspension
or dismissal commenced and, if denied, every six months after each
denial. A copy of the application shall be provided to the Board of
Fire Officers, whose recommendations shall be considered by the Mayor
and Council in making their decision.
The respective companies may also impose such
fine or other punishment not inconsistent with the provisions hereof
(and except, however, suspension or expulsion) as the membership of
the company may think it advisable in order to maintain proper discipline.
[Amended 7-7-2015 by Ord.
No. 1503-15]
Compensation to the members of the Department who have performed
not less than 50% fire duty, which includes duties assigned in addition
to attendance at fires, shall be at such rate as the Council may,
by resolution, direct; provided, however, that such compensation shall
be made and paid not later than the 15th day of December of each and
every year.
[Amended 7-7-2015 by Ord.
No. 1503-15]
Each firefighter who shall present satisfactory evidence to
the Mayor and Council that he has attended as an active firefighter,
during a period of seven years, 60% of fires that occurred in the
Borough while he was a firefighter, or after January 1, 2009, 50%
of fires that occurred in the Borough, in each year, respectively,
shall be entitled to a certificate signed by the Mayor and Borough
Clerk and Chief of the Fire Department of the Borough of Emerson and
shall be entitled to wear such badge as shall be designed by the Borough
Council and shall be considered an exempt member of the Emerson Fire
Department.
[Amended 11-23-2021 by Ord. No. 1639-21]
A.
Pursuant to N.J.S.A. 40A:14-95 et seq., there is hereby established
in the Borough of Emerson a Jr. Fire Department of the Borough of
Emerson to be known as the Emerson Junior Firefighter's Program, hereinafter
referred to as the "organization."
C.
Organization.
(1)
The Junior Firefighter's Program shall consist of no more than 20
members.
(2)
The organization shall be directed by three liaison officers who
shall be members of the regular Emerson Fire Department and be classified
as either present or former firematic officers of said Department.
Said officers are to be appointed by the Chief of the Emerson Fire
Department.
(3)
The rules and regulations governing the organization are to be established
by the Board of Fire Officers after submission to and approval by
the Mayor and Council of the Borough of Emerson.
D.
Qualifications for membership. The qualifications for membership
in the Emerson Junior Firefighter's Program shall be as follows:
(1)
Each member shall be between the ages of 16 and 18 years.
(2)
Each member shall be a resident of the Borough of Emerson or a contiguous
municipality.
(3)
Each member shall pass a physical examination, identical to that
required for acceptance by the regular uniformed force of the Fire
Department. The cost of the examination shall be borne by the Borough
of Emerson.
(4)
Each member of the organization shall be required to obtain permission
from his or her parents or guardian pursuant to N.J.S.A. 40A:14-96.
Said permission shall be in writing, in the presence of one of the
liaison officers and acknowledged by a notary public or attorney of
the State of New Jersey.
E.
Rules and regulations. Pursuant to N.J.S.A. 40A:14-98, the Mayor
and Council of the Borough of Emerson hereby establishes the following
rules and regulations to govern the activities of the Junior Firefighter's
Program.
(1)
No junior firefighter shall be required to perform duties which would
expose said junior fireman to the same degree of hazard as a regular
member of a Volunteer Fire Department. More specifically, no junior
firefighter shall enter a burning structure or hazardous area until
said area is declared safe by the Emerson Fire Department.
(2)
Fire training for the Junior Firefighter's Program shall be in such
form and in such frequency as shall be ordered by the Board of Fire
Officers, which is hereby empowered to supervise, regulate and control
the training of the Junior Firefighter's Program subject to the limitations
imposed by law.
(3)
The Junior Firefighter's Program shall assist the Fire Department
at alarms. They shall attend their assigned company drills every month,
in addition to attending normal drills, meetings, cleanups, and inspections.
(4)
When traveling on a fire apparatus of any kind, the junior firefighter
must be seated and properly restrained on said vehicle.
(5)
All members of the Junior Firefighter's Program shall be subject
to the rules and regulations of the Emerson Fire Department, and for
these purposes said rules and regulations of the Emerson Fire Department
are hereby adopted and published as rules and regulations of the Junior
Firefighter's Program.
(6)
Applications for membership in the Emerson Junior Firefighter's Program
shall be made on approved forms, as prescribed by the Board of Fire
Officers of the Emerson Fire Department. The Department shall supply
the Borough Clerk with application packets and the Clerk shall distribute
them on written request or on personal request made during normal
business hours. Completed application packets shall submitted to one
of the liaisons of the Junior Firefighter's Program. The Board of
Fire Officers shall act on all applications within 30 days of their
receipt. Applicants passed by the Board of Fire Officers and approved
by the Mayor and Council shall immediately be placed on the membership
rolls.
(7)
Violations. Any member of the Junior Firefighter's Program who shall
violate the rules and regulations of the Fire Department shall be
subject to disciplinary proceedings before the Board of Fire Officers
in such manner and form as they shall establish for these purposes.
F.
Insurance coverage. Members of the Emerson Junior Firefighter's Program
shall be insured with the same coverage and with the same amount as
members of the regular Emerson Fire Department.
G.
Reports. Reports on the activities of the organization shall be submitted
by the Chief's appointed representatives at least every six months.
Said reports shall be submitted to the Board of Fire Officers and
the Mayor and Council.
H.
Responsibility. Program members are subject to the chain of command
and rules and regulations of the fire company to which they have been
assigned.
[Amended 7-20-2010 by Ord. No. 1411]
All cadets and active members of the Department
shall attend all federal-, state- and Borough-mandated training. This
specifically includes, but is not limited to, right-to-know and bloodborne
pathogens training. The Mayor and Council shall have the authority
to suspend any Department member who fails to attend any such training.
Compensation, clothing allowance and LOSAP credit
shall be as determined by the Chief and the Assistant Chief.[1]
[Amended 7-20-2010 by Ord. No. 1411]
The Mayor and Council shall make an annual inspection
of the Department on or about the first Saturday of October. All members
of the Department shall be present for the annual inspection unless
previously excused by the Chief.
[Added 12-1-2009 by Ord. No. 1390]
The Borough of Emerson recognizes the need for the mutual sharing
of emergency personnel, fire and rescue equipment to other communities
or districts for the appropriate and maximum protection and aid in
the event of a fire or other physical disaster.
A.
The Borough
of Emerson authorizes the Emerson Volunteer Fire Department Chief
or the Fire Chief’s designated representative to provide mutual
aid services to any community or district the Fire Chief or his designated
representative deem necessary with brief notice.
B.
The Borough
of Emerson’s Fire Chief or the Fire Chief’s designated
representative will insure that arrangement are made, prior to providing
such mutual aid to other communities, for appropriate emergency protection
for the Borough of Emerson and its residents.
C.
It is understood
that the community or region requiring mutual aid may not be adjacent
to or be part of the existing mutual aid groups already established
in the Pascack Valley of Bergen County.
D.
The mutual
aid district includes the following communities and regions: Borough
of Oradell, Borough of Harrington Park, Borough of Paramus, Borough
of Westwood, Borough of Park Ridge, Borough of Woodcliff Lake, Borough
of Closter, Borough of Norwood, Borough of Northvale, Borough of Rivervale,
Township of Washington, Borough of Haworth, Borough of Hillsdale,
and the Borough of River Edge.
E.
The Borough
of Emerson will provide its insurance carrier and its insurance agents
with evidence of this local legislation, to insure adequate insurance
coverage, in the same manner as provided on an everyday basis, as
provided to the Borough of Emerson and its representatives during
the time period mutual aid is provided to another community or district.
