The Council of the Borough of Jersey Shore, having been charged with the responsibility of assuring proper management of fires within the Borough, finds it to be in the interest of the community to adopt a fire-fighting ordinance. The purpose of this article is to promote the coordination of efforts of fire companies located in and/or fighting fire in the Borough, by designating the officials in command for fire fighting within the Borough, defining their powers and duties, and allowing for the adoption of fire-fighting rules and regulations for the Borough.
[Adopted 10-3-1977 by Ord. No. 958 (Ch. 1, Part 9A, of the 1996 Code)]
[Amended 4-4-1988 by Ord. No. 2-88; 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No. 4-96]
A.
The offices of Fire Chief and Assistant Fire Chief for the Borough of Jersey Shore are hereby created. The office of Borough Fire Chief and Assistant Borough Fire Chief shall consist of the individual company-appointed chiefs. The Chief that is Borough Fire Chief shall hold that office for a period of one year. The other company Chief shall hold the office of Assistant Fire Chief. The two offices shall alternate between both Borough fire companies on a yearly basis. In the absence of the Borough Fire Chief, the Assistant Borough Fire Chief will automatically be in charge. In the absence of both Borough Fire Chiefs, the chain of command would be as outlined in § 26-4.
B.
They shall have such powers and duties as are contained in this article, and such rules and regulations as Council may from time to time adopt. They shall have such qualifications as shall be adopted in such rules and regulations. When a vacancy occurs in the office of Fire Chief, the Assistant Borough Fire Chief shall automatically become Acting Borough Fire Chief until a replacement is recommended by the Fire Committee and approved by Council.
A.
The Borough Fire Chief shall be governed in performance of his duties by the provisions of this article and by such rules and regulations as Borough Council may from time to time adopt. He shall have entire command of the fire scene and shall supervise and direct the operations of each and every Company thereat in accordance with sound fire-fighting procedures. He shall perform such duties with respect to fire training, inspection of fire hydrants and promotion of cooperation and coordination between fire companies located within the Borough as shall be set forth in the fire-fighting rules and regulations of the Borough. Should he find any fire company or member thereof derelict in duty or in disobedience of his orders or of Borough fire-fighting rules and regulations, he shall have authority to take action as outlined in § 26-6 of this article which establishes disciplinary procedures.
B.
The Assistant Fire Chief shall attend fires in the Borough, shall aid the Borough Fire Chief in the discharge of his duties, and shall act under the direction of the Borough Fire Chief. In the absence of the Borough Fire Chief, the Assistant Borough Fire Chief shall act as Fire Chief with all his powers and duties.
In the absence of the Borough Fire Chief and the Assistant Borough Fire Chief, supervision and direction of fire-fighting operations in the Borough shall be as follows: Responsibility will fall upon the highest-ranking officer on the scene. When two officers are present of equal rank from opposite companies, the ranking officer in charge shall be First and Second Ward, Independent Hose Company and Third and Fourth Ward, Citizens Hose Company. An officer of either fire company having command of a fire scene, shall, in such case, have all the powers and duties of Borough Fire Chief as set forth herein and as set forth in the Borough fire-fighting rules and regulations.
Upon the call of the Borough Fire Committee, the Borough Fire Chief, Assistant Fire Chief and Advisory Board shall meet with the Borough Fire Committee to formulate rules and regulations for the fighting of fires within the Borough of Jersey Shore and shall present such rules and regulations to the Borough Council for approval. Upon arrival by resolution of Council, such rules and regulations shall be obeyed by Borough fire companies fighting fires within the Borough of Jersey Shore. A copy of all such rules and regulations, together with a copy of this article, shall be kept posted in a conspicuous place in each fire house within the Borough limits.
A.
Should the Borough Fire Chief find any fire company or member thereof derelict in duty or in disobedience of his orders or of Borough fire-fighting rules and regulations, he shall take the following actions:
(1)
He may suspend a member of any fire company from participation in firefighting within the Borough. Such suspension shall become effective upon notification in writing to the individual concerned with a copy to the member's company and a copy to the Advisory Board. The Advisory Board and Chairman of the Fire Committee shall, within five days of receipt of such suspension, give written notice to the individual and his company that a hearing will be held by the Advisory Board on a date not less than three days nor more than 10 days from the date of such notice, at which time the Borough Fire Chief will present his report in person, together with his recommendation. Thereupon, the member involved shall have the right to present such evidence relevant to the suspension as he may desire. The Advisory Board shall prepare and present a recommendation to Borough Council at the next regular meeting thereof for such action as it deems necessary and appropriate. Council shall have the power to continue a suspension indefinitely or for any specified period.
(2)
He may initiate charges against a fire company and recommend that said Company be suspended from further fire-fighting activities within the Borough of Jersey Shore. Such charges shall be filed in writing with the fire company concerned and with the President of the Borough Council within 12 hours after the violation has occurred.
B.
The President of the Council shall, upon receipt of such notice, call a special meeting of the Borough Council to convene at the earliest date allowed by law, but in no case later than five days after the filing of the charges. President of Council will insure that all interested parties are notified of the meeting at which time the Borough Fire Chief shall present testimony relevant to the case together with his recommendation. Thereupon, the fire company shall take whatever action it deems necessary and appropriate. Council shall have the power to suspend any fire company from firefighting within the Borough, indefinitely or for a specified period.