[HISTORY: Adopted by the Township Committee
of the Township of Waterford 11-9-1994 by Ord. No. 94-15. Amendments noted where
applicable.]
There is hereby created and established the
Waterford Township Fire Department in the County of Camden, State
of New Jersey.
The object and purpose of the Fire Department
shall be the preservation and protection of life and property from
and during such fires and emergencies as may occur in the Township
of Waterford and vicinity thereof.
[Amended 10-14-1998 by Ord. No. 98-16; 6-25-2008 by Ord. No.
2008-8; 10-12-2016 by Ord. No. 2016-21[1]]
A.
The Waterford Township Fire Department shall consist
of the following fire stations and other physical property as needed
when designated by the Fire Chief:
(1)
Station 232 located at Atco Avenue.
B.
No other stations or volunteer fire companies may
be formed without the consent and approval of the Mayor and Committee
of the Township of Waterford.
[1]
Editor’s Note: This ordinance removed the reference
to Station 233, located at Jackson Road. It noted that the Louden
Fire Company was previously identified as Station 233; while said
fire company remains as a named entity, it is no longer an active
fire station to provide fire service to the Township of Waterford.
Property in its ownership name remains available for emergency use
by the Township Fire Department, Police Department, and Office of
Emergency Management.
The Mayor and Committee shall have authority
and control over the Fire Department. The Chief of the Fire Department,
who shall be elected as hereinafter provided, shall report directly
to the Mayor and Committee and be subject to the authority of the
Mayor and Committee. The Fire Chief shall have daily control over
the operations of the Fire Department and said fire equipment and
apparatus belonging to the Township of Waterford, subject only to
the authority and direction of the Mayor and Committee. As set forth
below, the Fire Chief shall be responsible to the Mayor and Committee
for the training and efficient operation of the Fire Department. The
Fire Chief shall keep or cause to be kept an accurate inventory record
of all equipment and property of the Fire Department and shall report
monthly to the Mayor and Committee regarding the activities and general
condition of the Department, including such suggestions or recommendations
as may be proper and necessary. The Fire Chief shall also report promptly
to the Township Administrator and Public Safety Director any Fire
Department equipment or apparatus in need of immediate repair so that
appropriate action may be taken as required.
[Amended 10-14-1998 by Ord. No. 98-16; 6-25-2008 by Ord. No.
2008-8]
The officers of the Fire Department shall consist
of a Fire Chief, a Deputy Fire Chief and one Battalion Chief. Any
additional officers appointed by the Fire Chief must meet the qualifications
as set forth by this chapter. Any officers appointed by the Fire Chief
would be subject to consent by resolution of the Mayor and Township
Committee.
[Amended 10-14-1998 by Ord. No. 98-16; 6-25-2008 by Ord. No.
2008-8]
A.
The
Chief of the Fire Department, the Deputy Chief of the Fire Department
and the Battalion Chief of the Fire Department shall be elected for
two-year terms and the Chief, Deputy Chief and Battalion Chief shall
be elected by the Fire Department members qualified to vote. The incumbent
Fire Chief, Deputy Chief and Battalion Chief may run for reelection
and succeed themselves in that position without limitation. The date
for the election of Fire Department Officers shall be selected no
later than October 1st of each election year. The election shall be
conducted during the month of November of the election year using
the date that was set by September 30 to fill the vacancies of the
chief officers who are up for election. Written notification of the
election results for each member elected Fire Chief, Deputy Chief
and Battalion Chief shall be forwarded to the Municipal Clerk immediately
following the election. The Fire Chief, Deputy Chief and Battalion
Chief shall assume office on the first day of January after said election
upon confirmation and approval of each separate position by the Mayor
and Township Committee.
[Amended 10-12-2016 by Ord. No. 2016-21; 12-28-2022 by Ord. No. 2022-27]
B.
Officers.
(1)
All candidates for Chief Officer positions must meet voting eligibility requirements as stipulated in § 26-8 of this chapter.
(2)
All candidates for Deputy Fire Chief must have at
least 12 years of fire service experience from the age of 18 and must
have served at least one three-year term as Battalion Chief or Captain
of the Waterford Township Fire Department.
(3)
All candidates for Battalion Chief must have at least
10 years of fire service experience from the age of 18 and must have
served at least one three-year term as Captain or Lieutenant of the
Waterford Township Fire Department.
(4)
For purposes of calculating time of experience, length
of service time starts upon successful completion of New Jersey Firefighter
I. If a member transfers from another department, a minimum of one
year must be served as a Waterford Township Firefirefighter before
being considered for a Chief's position unless a special waiver is
granted by the Township Committee.
C.
Qualifications for chief officers.
[Amended 10-12-2016 by Ord. No. 2016-21]
(1)
All chief officers shall meet NFPA 1670 operations
level in all disciplines and technician level in selected disciplines
as stipulated by Departmental policy.
(2)
All chief officers shall meet New Jersey State Police
Hazardous Materials Technician Level and On Scene Incident Commander.
(3)
All Fire Department officers shall meet the New Jersey
Division of Fire Safety Fire Officer Requirements (N.J.A.C. 5:73-1.6).
(4)
(Reserved)
(5)
(Reserved)
(6)
(Reserved)
(7)
The Deputy Chief shall meet the requisite knowledge
and skills in the following paragraphs of the 2003 Edition of NFPA
1021, Standard for Fire Officer Professional Qualifications: 3.2,
3.3, 4.3, 4.3.1, 5.4.5, 5.6, 5.6.1, 5.6.2, 5.7, 5.7.1, 6.6. 6.6.1,
6.6.2, 7.3, 7.3.1.
(8)
The Chief of the Department shall meet the requisite
knowledge and skills in the following paragraphs of the 2003 Edition
of NFPA 1021, Standard for Fire Officer Professional Qualifications:
3.2, 3.3, 4.1, 4.2, 4.3, 4.3.1, 4.4, 5.4, 5.4.1, 5.4.2, 5.4.3, 5.4.4,
5.4.4, 5.4, 5.6.1, 5.6.2, 5.7, 5.7.1, 6.2, 6.2.1, 6.4.5, 6.4.7. 6.6.
6.6.1., 6.6.2.7.3, 7.3.1., 7.4, 7.4.1, 7.6, 7.6.1.
D.
Any vacancy
occurring in the position of Fire Chief, Deputy Chief, or the Battalion
Chief of the Fire Department during that person's term of office shall
be filled temporarily by the next ranking officer and a special election
held for that position within 30 days from the date of said vacancy.
At the time of such election, that position shall then be filled by
the member elected to it subject to the confirmation and approval
of the Mayor and Township Committee.
[Added 12-28-2022 by Ord. No. 2022-27]
[Amended 10-14-1998 by Ord. No. 98-16]
All candidates for Municipal Fire Chief shall
have had at least five years of supervisory fire experience involving
the extinguishing of fires and should possess a knowledge of all fire
laws and ordinances and of the problems encountered and procedures
involved in the internal organization of the Township Fire Department.
All candidates should have a thorough knowledge of all types of emergency
responses and characteristics of accepted firefighting equipment and
apparatus, and of the methods used in fighting and containing small
and large fires. Candidates shall be able to obtain and make effective
use of allocated funds, personnel, equipment and supplies and must
be able to oversee the establishment and maintenance of needed personnel
records and fire records as well as any other required federal, state
or local files. Candidates for Municipal Fire Chief shall have served
at least one term as Deputy Chief or Battalion Chief in the Waterford
Township Fire Department.
[Amended 10-14-1998 by Ord. No. 98-16; 6-25-2008 by Ord. No.
2008-8]
A.
Fire Department members eligible to vote for Fire Department chief
officers shall be all members of the Department who answered 15% of
emergency calls and 60% of called fire drills from the period November
30 through October 1 of the year of the election. A person which has
been a member for at least six months shall be entitled to vote if
that member has answered 15% of emergency calls and 60% of called
fire drills during that six-month period. Fire Department life members
who do not meet the 15% of emergency calls but do attend 60% of called
fire drills and Fire Department sanctioned activities will also be
eligible to nominate and vote for the Department's chief officers.
Life members will be classified as any member in good standing for
a period of 20 years of service. Eligibility may be adjusted by the
Committee of the Standing Officers in the event of reasonable documented
reasons due to sickness, education, military service or the like.
Those members with adjusted eligibility as referenced hereinabove
will be permitted to nominate and vote via a signed and sealed letter
provided to the Administrative Secretary of the Fire Department on
the announced dates for nomination and elections. A separate letter
will be required for both the nomination and for election purposes.
Only Fire Department members who meet the qualifications to vote may
nominate officers for election.
[Amended 10-12-2016 by Ord. No. 2016-21]
B.
Issuance of Department property.
(1)
Fire Department members will be issued identification,
uniforms, pagers, personal protective equipment and other such gear
as determined by the Fire Chief. All of these items are property of
the Fire Department. Fire Department members are responsible for the
security and care of said equipment while entrusted with it. If any
equipment is lost or damaged due to the negligence of the member,
willful or unintentional, the member is financially responsible to
the Fire Department for current replacement costs.
(2)
Upon severance for any reason from the Fire Department,
the former member is to return all Fire Department identification,
clothing, equipment and gear immediately. Failure to do so will result
in theft charges filed with the Waterford Township Police Department.
[Amended 12-28-2022 by Ord. No. 2022-27]
The election of the officers set forth hereinabove
shall be confirmed and approved as to each separate office by the
Mayor and Township Committee not later than the first regular meeting
of the Governing Body following the election of the respective officers.
[Amended 12-28-2022 by Ord. No. 2022-27]
The membership of the Fire Department may adopt
bylaws, rules and regulations not inconsistent with the terms and
provisions of this chapter, which bylaws, rules and regulations shall
be filed with and approved by the Mayor and Township Committee.
The following Fire Department officers shall
perform the following administrative duties as set forth herein:
A.
Fire Chief. It shall be the responsibility of the
Fire Chief of the Waterford Township Fire Department to act as the
Administrator of that Department in regard to funding, personnel,
equipment and supplies. The Fire Chief shall act as the central depository
for the maintenance of needed fire and personnel records and files
and shall be responsible for maintaining the same. The Fire Chief
shall from time to time analyze the fire problems of the township,
establish appropriate fire rules and regulations, make the best use
of available funds, personnel, equipment and supplies, provide needed,
financial and budgetary advice and assistance as required, coordinate
requisitions and purchases within budgetary limits and such other
similar administrative duties as are necessary to fulfill the office
of Fire Chief. The Fire Chief shall make all recommendations to eliminate
duplication of services, equipment and supplies and to develop plans
for the continuing protection of the township from fires. The Waterford
Township Fire Chief shall submit a monthly report to the Public Safety
Director, which shall include the condition of all firefighting apparatus
and appurtenances, the number and date of all emergency calls during
the preceding month, the amount of training provided, listing the
dates and times of all drills held that month, together with the names
of the participants, and any other data deemed appropriate to be provided
by the Fire Chief to the Director of Public Safety.
B.
Deputy Chief and Battalion Chiefs. The Deputy Chief
and Battalion Chiefs shall be under the supervision of the Fire Chief
and perform all duties as directed by the Fire Chief and those duties
as set forth in the Fire Department standard operating procedures.
A.
A Disciplinary Committee shall be established which
shall consist of the Mayor and Committee. This Committee shall have
the authority to discipline the Fire Chief, Deputy Chief or Battalion
Chiefs. Charges for discipline against the Fire Chief, Deputy Chief
or Battalion Chiefs must be presented in writing and shall be served
either personally or by registered mail within three days after the
charges have been filed. The Fire Chief, Deputy Chief and Battalion
Chiefs shall be entitled to a due process hearing within 30 days of
the date that said charges were filed, unless the Disciplinary Committee
and the accused mutually agree to an extended date. In the event that
the charges are upheld and sustained by a preponderance of the evidence
submitted, the Fire Chief, Deputy Chief or Battalion Chiefs shall
be disciplined appropriately, which discipline can include a period
of suspension or dismissal from the Fire Department.
[Amended 10-14-1998 by Ord. No. 98-16]
B.
When appropriate and based on the charges, the Mayor
and Committee shall have the power to order a temporary suspension
of the accused from fire duty and other duties and privileges of the
Department until the final outcome of the charges is determined and
made known in writing. If no temporary suspension is ordered, the
accused shall be entitled to continue as an active member of the Department
in all respects.
C.
In the event that the Fire Chief, Deputy Chief or
Battalion Chief is suspended, that officer shall remain inactive and
may not attend meetings, training sessions or serve at fires. In the
event of a discharge from the fire department said officer shall no
longer be entitled to the rights or privileges of an officer or member
of the department. The Disciplinary Committee may also determine and
fix other disciplinary measures based on the specific charges.
[Amended 10-14-1998 by Ord. No. 98-16; 12-28-2022 by Ord. No.
2022-27]
D.
In the event of a determination that the charges are
not founded and should be dismissed, that officer shall be immediately
entitled to resume all rights and privileges as an officer and member
of the Department in the event a suspension has occurred, or, in the
event of no suspension, his status shall be that of an officer and
member in good standing as though no charges had been brought.
E.
This same disciplinary procedure shall apply to all members of the
Fire Department.
[Added 12-28-2022 by Ord. No. 2022-27]
A.
There shall be a set of standard operating procedures
that govern the conduct of emergency operations, the training for
such operations, any necessary preparations for such operations, the
day to day conduct of the Department, the duties of officers and members,
the establishment of line and staff officers and the member discipline
process.
B.
The standard operating procedures shall be determined
by the Department Fire Chief and Deputy Chief. All operating procedures
shall be reduced to writing and a copy of the same be provided to
each member of the fire department. A copy shall also be filed with
and approved by the Mayor and Township Committee before taking effect.
[Amended 10-12-2016 by Ord. No. 2016-21; 12-28-2022 by Ord. No. 2022-27]
C.
Each member shall be responsible to stay abreast of
all standard operating procedures and any changes that may occur in
such procedures.
D.
Failure to adhere to the standard operating procedures
can result in disciplinary action against a member by the Fire Chief
and/or Deputy Chief.
[Amended 10-12-2016 by Ord. No. 2016-21]
E.
Any member found to be in serious violation of the
standard operating procedures that results in a hazard to the safety
of other members, equipment or apparatus may be suspended from emergency
operation by the Fire Chief or Deputy Chief pending a hearing pursuant
to the standard operating procedures.
[Amended 10-12-2016 by Ord. No. 2016-21]
In order to qualify for active membership in
the Fire Department, a person must satisfy the following provisions:
A.
Be a citizen of the United States.
B.
Be at least 18 years of age with proof of birth.
C.
Be able to pass a physical examination indicating
that the applicant is physically fit to perform the duties as required,
which physical examination must be evidenced by a certificate from
a practicing physician of the State of New Jersey.
D.
Be able to attend 60% of monthly meetings and fire
drills and at least 25% of all emergency fire calls each year. An
active member not meeting this requirement shall be reviewed by the
Fire Chief and Deputy Chiefs for a determination on that member's
continuing status.
E.
Be of good moral character.
A.
Every person seeking to join the Fire Department shall
be required to file an application for membership with the Fire Department.
B.
Each applicant shall be fingerprinted and investigated
by the Waterford Township Police Department, including the conducting
of a criminal record check.
C.
The Waterford Township Police Department shall prepare
a factual summary of the background investigation and criminal records
check of each applicant and provide this summary to the Fire Chief
for the purpose of determining the fitness of an applicant. Background
investigations and records check include records of all convictions
as an adult.
D.
In the event that the Police Chief determines that
an applicant is to be denied admittance to membership on the basis
of the investigation summary, that applicant may inspect that summary
for the purposes of clarifying, explaining or denying the accuracy
of its contents. Thereafter, the Police Chief will review the additional
information provided by the applicant with the Township Police Department
in order to reconsider his decision. The applicant shall be notified
of any reconsideration by the Police Chief within a reasonable time
period.
[Amended 10-14-1998 by Ord. No. 98-16]
E.
In the event that the applicant is deemed qualified
for membership in the Fire Department, he/she shall be approved by
the Fire Chief and officially assigned to the Department. The names
of all members shall be filed with the Mayor and Committee on a regular
basis.
[Amended 10-12-2016 by Ord. No. 2016-21]
F.
All members, once approved, must complete the following
requirements within one year of the date of confirmation and approval
as a member of the Fire Department:
(1)
Basic fire training approved by the Fire Chief and
Deputy Chiefs.
(3)
CPR training with a certificate of satisfactory completion
thereof.
(4)
Any other state or federally mandated training which
may be prescribed currently or in the future.
(5)
Any other relevant training as shall be directed by
the Fire Chief and as may be prescribed by the Fire Department or
as set forth in the rules and regulations, which training shall be
completed within two years of becoming a member of the Fire Department.
G.
A failure to complete the above requirements shall
be cause for dismissal and removal from membership in the Fire Department.
H.
The Fire Department shall consider all applications
for membership for the purpose of fulfilling a need of the municipality
in that all approvals of membership shall be established on the basis
of obtaining the best qualified person to perform the duties of a
member of the Fire Department.
I.
Any member who fails to attend training that the Fire Department has paid for without a reasonable excuse shall be responsible to reimburse the Fire Department the cost of that training in a timely fashion after receipt of written notice of the amount due to the Fire Department. Failure to make such reimbursement shall subject the member to a complaint being filed with the Township Municipal Court for the seeking and issuance of penalties as set forth in § 26-22 of this chapter.
[Added 10-14-1998 by Ord. No. 98-16]
J.
Members who transfer in good standing from another
fire department with training equal to the training requirements of
the Waterford Township Fire Department.
[Added 6-25-2008 by Ord. No. 2008-8]
It shall be the primary function and duty of
the Fire Department and every member thereof to respond appropriately
to any and all emergency situations. In addition, it shall be the
duty of all officers of the Fire Department to determine that the
provisions of this chapter are being enforced, together with all of
the appropriate fire codes and other regulations and laws as may be
applicable.
A.
To be a member of the Relief Association, a member
shall satisfy the statutory requirements of N.J.S.A. 40A:14-55 and
40A:14-56.
B.
An exempt active member of the Fire Department is
a member who has served seven years of active duty and who has performed
60% duty in the Fire Department each and every year during that seven
years, and as further set forth and provided in the controlling New
Jersey Statutes.
The Fire Department is hereby authorized to
extend aid and assistance to neighboring municipalities on request
for fire protection or emergency services and to participate in a
mutual aid program with other municipalities in accordance with the
laws of the State of New Jersey.
[Amended 12-28-2022 by Ord. No. 2022-27]
The Fire Department shall contain a Fire Police
Unit which shall be under the direction of the Fire Chief. It shall
be their duty to maintain law and order at all fires and emergency
scenes to which they may be detailed, including direction of traffic,
refusal of admittance within the danger zone to outside or unauthorized
parties and for maintaining control at the emergency scene. Fire Police
shall be appointed by the Fire Chief with the confirmation of each
member by the Mayor and Township Committee. The appointment shall
be for a term of five years. All training for the Fire Police shall
be the training specifically required for such a position by the State
of New Jersey. Failure to complete the training within one year shall
be cause for removal and dismissal from the position of Fire Police
Officer.
Except for members of the Fire Department, no
person or persons shall enter the Fire Department quarters or any
of the fire station buildings, or handle any Department property,
equipment or apparatus, unless authorized to do so or accompanied
by or having the special permission of an officer or authorized member
of the Department, except that members of the governing body shall
have authority to inspect Fire Department equipment on notice to the
Fire Chief or Deputy Chiefs.
It shall also be unlawful for any person to
injure, deface or in any manner destroy any building or fire apparatus
or property of the Fire Department or any police or fire alarm, or
to hinder or obstruct any automotive equipment of the Fire Department
from freely passing along the streets or highways of the municipality,
or from passing over public or private property or in any manner hinder
or prevent any of the fire equipment or apparatus or any officer or
member of the Department from operating at any fire or other emergency
to which the Department is responding.
Any person, firm or corporation who violates
any of the provisions of this chapter shall, upon conviction thereof,
before the Municipal Court of the township, be subject to a fine not
to exceed $1,000 or imprisonment in the county jail not to exceed
six months, or both, at the discretion of the Municipal Judge before
which such defendant shall be convicted. A separate offense may be
deemed committed on each day during or on which a violation occurs
or continues.
A.
If any article, section, paragraph, clause or provision
of this chapter shall be adjudged invalid by any Court of competent
jurisdiction, such adjudication shall apply only to the article, section,
paragraph, clause or provision so adjudged, and the remainder of this
chapter shall be deemed valid and effective.
B.
Ordinance No. 93-13, dated October 13 1993, entitled
"An Ordinance Creating the Waterford Township Fire Department," is
hereby specifically repealed, and all other ordinances and part thereof
inconsistent with the provisions of this chapter are hereby repealed.
This chapter shall take effect immediately upon final passage and publication as required by law. Upon adoption of this chapter, § 26-3 shall become effective retroactive to October 13, 1993.
