[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Department of Public Safety — See Ch.
3, Art.
IX.
Claims approval — See Ch.
7.
Salaries and compensation — See Ch.
17.
Fire Prevention Code — See Ch.
42.
Conduct at fires — See Ch.
43.
Fire control measures — See Ch.
44.
[Amended 5-3-1926; 6-12-1973 by Ord. No. 1373; 10-11-1977 by Ord. No. 12-77]
The Fire Department of the Borough of Washington, New Jersey,
shall consist of two companies of volunteer firemen, as incorporated
under the laws of the State of New Jersey, not to exceed 30 members
in each company and the quota of each company to be kept as near this
number as possible, said companies to be designated as follows:
A. Washington Fire Department Steamer Company No. 1, a nonprofit corporation
of the State of New Jersey.
B. Washington Fire Department Truck Company No. 2, a nonprofit corporation
of the State of New Jersey.
[Amended 1-8-1974 by Ord. No. 34-73]
The division of the present Fire Department, as to the personnel of the two companies required by §
10-1 of this article, shall be decided by the Chief of the now existing Fire Department and the Borough Manager. The personnel of the two companies, as so decided, shall be reported in writing to the Borough Council at the first regular meeting of the Council held after the adoption of this article by the Secretary of the present Fire Department, giving the names and addresses of the members of each company, their age and date of their admittance to the Department, which shall be recorded in the minutes of the Borough Council.
[Amended 1-8-1974 by Ord. No. 34-73; 6-16-1987 by Ord. No. 7-87]
Any member of the Department having reached the limitation as
to age or who shall have moved from the Borough or who may otherwise
desire to retire from the Department shall retire by presenting his
resignation in writing to the Fire Department Company to which he
belongs, who shall refer the same to the Borough Council and, upon
recommendation of the Borough Manager, shall approve such resignation.
[Amended 6-16-1987 by Ord. No. 7-87]
Any member of the Fire Department failing within 30 days to tender his resignation, as required by the provisions of §
10-4 of this article, shall be dropped from the rolls of the Department and his company, and the Borough Council and Borough Manager shall be so notified by the Chief of the Department.
[Amended 8-8-1947]
A. All persons hereafter to become members of the Fire Department shall
submit their application in writing to the Secretary of the company
in which there is a vacancy and, in order to be eligible for election
to membership, shall have the following qualifications:
(1) The applicant shall have been a citizen of the United States and:
[Amended 2-12-1974 by Ord. No. 1-74; 6-13-1978 by Ord. No. 11-78; 6-16-1987 by Ord. No. 7-87; 3-20-2001 by Ord. No. 3-2001]
(a)
A resident of the Borough of Washington for at least six months
prior to the application for membership;
(b)
A trained member in good standing of an approved volunteer fire
company in any other municipality, in which case he shall qualify
for membership immediately regardless of his length of residency in
the Borough of Washington; or
(c)
An active member in good standing of the Washington Emergency
Squad who lives in either Washington Borough or Washington Township,
in which case the person shall qualify for membership immediately
regardless of his length of residency in the Borough of Washington
or Township of Washington.
(2) He shall be able to read and write the English language intelligently.
(3) He shall be not less than 18 years old at the time of his application.
[Amended 6-9-1970 by Ord. No. 9-70; 4-10-1973 by Ord. No. 6-73; 6-16-1987 by Ord. No. 7-87]
(4) He shall be of good moral character.
(5) He shall be sound in body and in good health, which facts shall be
certified to by a practicing physician of the Borough.
(6) He shall not have been convicted of a crime involving moral turpitude.
(7) He shall signify his willingness to abide by the ordinances, rules
and regulations governing the Department.
(8) Any active or exempt member in good standing of the Borough of Washington
Fire Department who relocates or lives in Washington Township, Warren
County, New Jersey, may retain his or her active membership.
[Added 3-20-2001 by Ord. No. 3-2001]
B. All applicants shall be received and placed on a probationary period
of six months' time after the applicants shall have been approved
by a majority vote of the company in which the applicant desires membership
and shall also be approved by the Borough Manager, and after said
probationary period hereinbefore mentioned has been conducted, he
shall then be approved by a majority vote of the company in which
he desires membership and shall also be approved by the Borough Manager.
[Amended 6-16-1987 by Ord. No. 7-87]
[Amended 6-16-1987 by Ord. No. 7-87]
Membership certificates showing date of appointment will be
signed by the Mayor, Borough Clerk, Secretary of the Relief Association,
Chief of the Department and the Borough Manager, with the Corporate
Seal of the Borough affixed.
[Amended 2-2-1931; 2-19-1934; 7-13-1982 by Ord. No. 17-82; 6-16-1987 by Ord. No. 7-87; 10-17-2017 by Ord. No. 2017-19]
The officers of the Department shall be the Chief, Assistant
Chief, two Captains, and two Lieutenants. The officers shall be elected
every other year by the Department and confirmed by the Borough Manager.
[Amended 1-8-1974 by Ord. No. 34-73; 6-16-1987 by Ord. No. 7-87]
The Chief shall be the executive head of the Fire Department;
subject, however, to the ruling of the Borough Council or the Borough
Manager. He shall:
A. Exercise supreme command at all fires and alarms of fires over all
members of the Department and all other persons who may aid the Department
at fires.
B. Have charge of the apparatus and all other property of the Department
and assure himself by personal inspection that the several companies
are kept at the highest point of efficiency and that the company houses
are being properly conducted and kept in good order and that all property
of the Department is kept in condition for immediate and efficient
service.
C. Promptly report to the Borough Manager any repairs which may be necessary
from time to time and make such recommendations and suggestions as
he may deem proper.
D. Cause to be kept an accurate record of all business of the Department,
a record of the equipment of the Department, including quantity, kind
and condition of the hose of the Department, with such other data
as may be necessary to ensure at all times accurate knowledge of its
conditions.
E. Make an annual report to the Borough Council on or before January
15 of each year of the condition of the Department, apparatus and
other property, the number of fires attended the previous year and
the men in attendance at each fire, and such other information as
deemed appropriate by the Borough Manager and Council.
[Amended 1-8-1974 Ord. No. 34-73; 6-16-1987 by Ord. No. 7-87]
It shall be the duty of the Chief to see that all laws, ordinances,
rules, regulations and orders relative to the Department are promptly
enforced and obeyed and that all derelictions or transgressions are
promptly reported to the Borough Manager. He shall have power and
it shall be his duty to temporarily suspend any member of the Department
for insubordination or disorderly conduct or for any violation of
any law, ordinance, rule, regulation or order, such suspension to
continue until the Borough Council shall act thereon. He shall promptly
report to the Borough Manager any member who for any reason cannot
fully, promptly and properly perform full duty with the Department.
[Amended 6-16-1987 by Ord. No. 7-87]
The Assistant Chief shall be next in rank to the Chief and,
in the absence of the Chief, shall have all the powers and duties
prescribed for the Chief. He shall perform such additional duties
as the Borough Council from time to time may direct.
[Amended 1-8-1974 by Ord. No. 34-73; 6-16-1987 by Ord. No. 7-87]
The Borough Manager, with the assistance of the Chief, shall
see that all laws, regulations and ordinances relating to fire protection
are observed and shall perform such other duties as may be prescribed
by the laws of the State of New Jersey or directed by the Borough
Council.
[Amended 6-16-1987 by Ord. No. 7-87]
The Borough of Washington recognizes the officers of each company,
as provided in the bylaws of each company, to be the President, a
Vice President, a Treasurer and a Secretary, who are elected annually
by a majority vote of their respective companies present at their
December meeting, and the officers so elected must have the confirmation
of the Borough Council at its January meeting. They shall hold the
office until their successors have been elected and confirmed.
A. The President of each company shall have charge of the company and
shall at all times preserve order and discipline at all meetings.
B. The Vice President of each company shall be second in command of
the company and, in the absence of the President, shall perform his
duties.
C. The Secretary of each company shall perform the usual duties pertaining
to that office, keep a fair and impartial record of each company and
notify the members of all meetings when ordered by the President.
D. The Treasurer shall take charge of all moneys paid him by the Secretary,
give a receipt therefor and keep a correct account of the financial
condition of the company. The Treasurer shall be prepared to render
an account of the financial condition of the company at any regular
meeting when called upon to do so, also to pay all bills to be drawn
on the accounts of the company and signed by the President and Treasurer.
No person shall be elected an officer of the Fire Department
or of any company while under suspension or while charges are pending
against him.
[Amended 6-16-1987 by Ord. No. 7-87]
All volunteer firemen shall answer and attend all alarms of
fires within the Borough, except where members of companies are ordered
by the Chief to answer only on second alarm. Members shall, when practicable,
proceed to answer an alarm with their apparatus, but if unable to
do so, they shall proceed without delay to the place of alarm and
report to the officer in command of their company. Roll shall be called
at each company house upon returning from every fire or alarm of fire.
[Amended 6-16-1987 by Ord. No. 7-87]
All volunteer firemen shall be under the direction of the Chief
and Assistant Chief at all fires and alarms of fires. The officer
in command at any fire shall have the power to summarily suspend any
member of the force for disobedience, misconduct or neglect of duty,
such suspension to continue until the Borough Manager shall take action
thereon.
[Amended 6-16-1987 by Ord. No. 7-87]
The Secretary of each company shall account for each member's
attendance percentage at all fires and drills for the year in his
annual report to the President. The President and officers shall report
the name of any member of the company who, in their opinion, has not
performed sufficient fire duty. Upon receipt of such report, the Chief
shall present the name of the member in default to the Borough Manager
for investigation and such action as he may deem proper.
[Amended 1-8-1974 by Ord. No. 34-73; 6-16-1987 by Ord. No. 7-87]
Exemption certificates will be granted to all members of the
Volunteer Fire Department who have served as active firemen for the
term prescribed by law and have performed sufficient fire duty for
the same number of years either successively or in the aggregate according
to New Jersey State Firemen's Association Compendium 1980 under
General Relief Fund Rates, Article IV, entitled "Membership." The
time served shall be certified to by the Chief, as shall also the
sufficiency of fire duty performed be so certified, and certificates
shall be issued by the Borough Council upon the recommendation of
the Chief and the Mayor and attested to by the Borough Clerk, with
the Seal of the Borough affixed thereto.
The Borough Clerk shall keep a roll of the active and exempt
members of the Volunteer Department, with the dates of their admission,
exemption and resignation and the companies to which they belong.
The following rules and regulations are hereby adopted for the
regulation of the Department:
A. Strict obedience of any rule or regulation of the Department or of
a command or order of a superior officer.
B. No person other than a member of the Department or a police officer
shall be allowed to ride on any apparatus of the Department while
going to or returning from an alarm of fire.
C. No apparatus or equipment of the Department shall be taken outside
the Borough limits by any member or members of the Department without
first having obtained consent of the Borough Manager.
[Amended 1-8-1974 by Ord. No. 34-73; 6-16-1987 by Ord. No. 7-87]
D. No subscription papers or books shall be circulated and no money
shall be solicited or raised under the auspices of any company without
the consent of the Borough Council.
E. No member of the Department shall sleep in any company house.
F. Gaming or betting, loud or boisterous talking and the use of profane
or obscene language in or about company houses are forbidden.
[Amended 6-16-1987 by Ord. No. 7-87]
Any member of the Fire Department who shall, after a hearing
as hereinafter provided, be found guilty of any of the following offenses
shall be subject to reprimand, suspension or removal from the service,
as determined in each case by the Borough Manager:
B. Incompetence or inefficiency in the service.
D. Intoxication while on duty or in a company house.
E. Immoral or disorderly conduct.
G. Neglect or willful injury or waste of public property.
H. Making intentionally a false official statement.
I. Disobedience of any rule or regulation of the Department or of the
command or order of a superior officer.
[Amended 1-8-1974 by Ord. No. 34-73; 6-16-1987 by Ord. No. 7-87]
Charges preferred against a member of the Department shall be
made in writing and under oath by the person making the charge, and
the charge shall be a specific complaint containing the facts upon
which the charge is based and shall be filed with the Borough Manager.
Charges will be heard and determined by the Borough Manager, and a
member against whom charges have been preferred will be given three
days' notice of the hearing and an opportunity to defend himself
at a hearing before the Borough Manager or his designee.
[Amended 1-8-1974 by Ord. No. 34-73]
A. The assignment of apparatus, equipment, etc., for use by the companies
shall be made by the Borough Manager, and no property, furnishings
or supplies shall be purchased without the knowledge and approval
of the said Borough Manager. Matters that may be considered as affecting
the comfort or welfare of the members and the efficiency of the Department,
the adjustment of which is conditioned upon added expense to the Borough,
must be submitted in a clear and concise way to the Borough Manager
and passed upon by the Borough Council.
B. The Borough Manager shall cause all bills for any expense of the
Department, other than those for fixed charges, to be rendered monthly
to the Borough Council by the person with whom the expense is incurred,
and the said bills shall be approved by the Borough Manager before
being finally passed for payment by the Borough Council.
[Amended 1-8-1974 by Ord. No. 34-73]
Any general order issued by direction of the Borough Manager
is to be classed as a rule of the Department.
[Added 6-18-2002 by Ord. No. 14-2002]
A. Junior members shall be between the ages 14 years and 17 years old.
B. Junior members shall adhere to the bylaws, policies and procedures
of the Washington Fire Department, junior policies and procedures
and motions made and accepted by the body of the Fire Department.
C. Junior members shall serve at the will of their parents or guardians.
D. Junior members shall maintain a minimum C average in their school
grades.
E. Junior members shall show the Fire Chief or his appointee their report
cards at the conclusion of each marking period. If their grades drop
below a C average, they shall be on suspension until their grades
are brought back to a C average.
F. Junior members shall not ride on any fire apparatus for fire calls
until the age of 16.
G. Junior members shall not respond to calls before 6:00 a.m. or after
10:00 p.m.; no mutual aid calls after 9:00 p.m.
H. Junior members shall not drive any apparatus until the age of 18.
I. Junior members shall adhere to all applicable child labor laws.
J. Junior members shall become junior members subject to a physical
exam at age 16.
K. A monthly meeting and drill will be held when junior membership exceeds
five junior members. This meeting and drill to be on a Sunday at 7:00
p.m. Meetings to be held on the first Sunday of the month and the
drill to be held on the third Sunday of the month.
L. When junior membership is five or less, meetings and drills will
be at the option of the appointed junior adviser.
M. Junior firefighters will be required to attend 50% of their meetings
and drills.
N. Junior firefighters will be required to attend 50% of Fire Department
drills when no junior meeting and drills are held due to inadequate
junior membership.
O. The same absence excuses that apply for senior members will apply
to junior members.
P. All junior members shall be required to attend a minimum of six Fire
Department drills per year or forfeit their membership; no excuses
for this requirement.
[Added 12-4-2018 by Ord.
No. 2018-23]
A. "Responding associate membership" shall be defined as a current or
former active member who moves out of Washington Borough or Washington
Township and resides within a six-mile radius of the fire station
or is still employed with in the same area; or a trained active member
of another fire department who resides or is employed within Washington
Borough or Washington Township and does not have to be a regular active
member of more than one fire department; or is a trained member of
another department who is willing to commit no less than 16 hours
a month to the Washington Borough Fire Department.
B. Responding members shall be required to attend a minimum of six drills
a year with the Washington Borough Fire Department. Those who are
active members of another department shall attend a minimum of three
drills a year with the Washington Borough Fire Department and a minimum
of three drills per year with the fire department in which they maintain
active membership. All refresher training required by the State of
New Jersey shall be completed by responding associate members. If
some of this training is completed at another fire department, the
responding member shall provide a letter to the Chief of the Washington
Borough Fire Department from the other department's Chief or
training officer stating that it has been completed, as well as the
member's attendance at other training drills. Copies of any certificates
gained shall be forwarded to the Chief as well.
C. "Contributing associate membership" shall be defined as a current
resident of Washington Borough or Township or former resident of Washington
Borough who volunteers to assist the Washington Borough Fire Department
in ways other than responding to incidents. Examples of how the member
may contribute include but are not limited to fund-raising, vehicle,
equipment and building maintenance, and assisting with fire prevention
and public fire education events. Membership status will be reviewed
on an annual basis within the first quarter of each year by the line
officers.
D. Responding associate and contributing associate members will not
be eligible for a line officer position.
E. A yearly clothing allowance will be given out at the discretion of
the line officers.
F. Uniforms will be given out at the discretion of the Chief and Head
Trustee.
[Adopted 6-6-1989 by Ord. No. 10-89]
The Borough of Washington Emergency Squad (hereafter referred
to as the "Squad") is recognized by the Borough of Washington as the
first-aid squad authorized by the Borough to respond to emergency
medical calls within the Borough.
The Squad shall operate under its own bylaws, rules and regulations,
promulgated by its members, which shall not be inconsistent with the
laws of the United States, the State of New Jersey and the Borough
of Washington.
The Squad shall be responsible to ensure that all its members
are fully trained and meet the qualifications applicable to them by
law, including but not limited to the qualifications required by the
New Jersey Highway Safety Act of 1987, N.J.S.A. 27:5F-18 et seq. In
addition, all Squad members shall be certified as required by any
governmental agency.
The Squad shall comply with the provisions of Chapter
7, §§
7-1 through
7-9, of the Code of the Borough of Washington in submitting any claims for payment by the Borough of Washington for any funds donated to the Squad pursuant to statute.
The Squad shall not be considered an agent or department of
the Borough of Washington.