The Fire Department of the Borough of Lodi shall consist of four companies, known and designated as "Lodi Fire Company No. 1," "Lodi Hose Company No. 1," "Lodi Rescue Truck Company No. 1" and "Lodi Hose Company No. 2," and as many additional companies as the Borough Council may establish from time to time. Each company shall consist of not more than 27 active members.
[HISTORY: Adopted by the Borough Council of the Borough of Lodi as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-14-1982 by Ord. No. 81-39; amended 11-16-2009 by Ord. No. 2010-14]
[Amended 10-18-1993 by Ord. No. 194-02; 9-17-2024 by Ord. No. 2024-17]
The Fire Chief of the Lodi Fire Department, the First Assistant Chief, the Second Assistant Chief and the Third Assistant Chief shall be elected by a majority vote of the members of the Fire Department present and voting for a period of one year, commencing on the first day of January of each and every year, in the following manner:
A.
At the May meeting, each company shall nominate by election a candidate or candidates for the office of Fire Chief or Assistant Chief to represent their respective companies. All nominations must be made at the respective company's regular monthly business meeting in September.
B.
Any member receiving a minimum of 40% of the company vote will be placed on the ballot. If two or more members receive an equal amount of votes, but less than 40%, all names will be placed on the ballot.
C.
Each company shall hold their own elections, and the vote will only go to a Department vote if there is no majority winner/vote.
D.
Upon completion of the Fire Chief's term of one year, all offices of Assistant Chief elected by the Department shall advance one rank, and the company wherein the present Fire Chief is a member shall nominate by election a candidate or candidates for Assistant Chief to fill the vacancy caused by the elevation in rank of the offices of Assistant Chief.
A.
Eligibility. No member of the Fire Department shall be eligible for election to the office of Chief or one of the Assistant Chiefs who does not spend the major portion of each day within the boundaries of the Borough of Lodi; provided, however, that nothing herein contained shall apply to vacation periods, permission for the same having first been obtained from the officers of the respective companies, and the person who has not been a member of the Department for a period of at least seven years and who has not served at least one year each as Captain and Lieutenant of one of the companies and, for the office of Chief, he must have served at least two years as an Assistant Chief; provided, however, that no two of the above officers shall be elected from any one company.
B.
Vacancy in office of Chief. If a vacancy occurs in the office of Chief of the Department, all Assistant Chiefs will advance in rank as Acting Chief for the remainder of the unexpired term. The Acting Third Assistant Chief will be nominated by the company wherein the vacancy occurs at its next regular meeting and elected by the Department at an election to be held within 30 days of the nomination. The new Acting Assistant Chief must meet the qualifications set forth in this section.
C.
Vacancy in office of Assistant Chief. In the event that a vacancy occurs in the office of the Assistant Chief, the company wherein the vacancy occurs shall nominate to the Department a person to fill the unexpired term; provided, however, that the nominee shall comply with the qualifications set forth in this section. If no member meeting the qualifications is available, the requirements may be waived by Department vote.
A.
The Chief shall at all times have sole command over all the companies, apparatus and equipment of the Fire Department at fires; it shall be his duty to direct all other officers of the Department in the performance of their duties, to determine the placement of the apparatus and equipment of the Department in the most advantageous location for the extinguishment of fires; and it shall be his duty to examine, each and every month, the condition of the companies' apparatus, equipment and firehouses and to report on the same to the Borough Manager.
B.
In the absence of the Chief, the Assistant Chiefs, in the order of their rank, shall perform the duties of the Chief at all fires and emergencies. In the absence of the Chief and the Assistant Chiefs, the First Captain of any of the companies to arrive at the scene of a fire or emergency shall act as commanding officer until the arrival of the Chief or an Assistant Chief.
C.
It shall be the duty of each company herein provided for to elect from their members, on the first meeting in November of each year, a Captain and a Lieutenant, to hold office for one year.
[Amended 10-18-1993 by Ord. No. 194-02; 9-17-2024 by Ord. No. 2024-17]
[Amended 10-18-1993 by Ord. No. 194-02]
The government and management of the different fire companies shall be according to such constitution, rules and bylaws as shall be adopted by them; provided, however, that the same shall not be inconsistent with the provisions of this article and such reasonable rules and regulations for the efficiency of the Fire Department as may be adopted from time to time by the Borough Manager, the Mayor and the Borough Council.
The Chief, the Assistant Chiefs, the Captains and Lieutenants of each company shall constitute an Officers' Association, which shall hold a meeting at least once a month.
A.
No person shall become a member of the Fire Department of the Borough of Lodi or any of the companies thereof unless he has been a resident of the Borough for at least one year prior to the date of his application and is between the ages of 18 years and 45 years and is certified by a practicing physician of the State of New Jersey as being physically fit for active duty in the Fire Department. No person shall become a member who has been convicted of an indictable offense, and any member of the Department convicted of an indictable offense shall be removed from membership.
[Amended 2-20-2001 by Ord. No. 201-09; 9-17-2024 by Ord. No. 2024-17]
B.
Membership in the Fire Department shall be in accordance with the constitution, rules and bylaws of the Fire Department and of the company to which application is to be made and also in accordance with the provisions of this article.
[Amended 10-18-1993 by Ord. No. 194-02]
Upon the recommendation of new members by the companies, the secretary of each company shall submit in writing the names of such candidates to the Borough Manager for his approval. Upon receipt of such report, the Borough Manager shall proceed to consider the same.
[Amended 10-18-1993 by Ord. No. 194-02]
When an active fireman desires to be transferred from membership in one company to membership in another company in the Lodi Fire Department, he shall apply to his own company for a transfer. Upon approval by his own company, the application shall be submitted to the company to which he desires to be transferred, and upon its approval, the Borough Manager may then authorize the transfer.
[Amended 2-11-1982 by Ord. No. 82-2; 6-28-1984 by Ord. No. 84-13; 10-18-1993 by Ord. No. 194-02; 9-17-2024 by Ord. No. 2024-17]
A.
Active members. The Borough of Lodi shall pay a yearly sum of not less than $625 for each active member of the Fire Department who shall have performed not less than sixty-percent fire duty during the company year next preceding the date of such payment. The Fire Chief shall receive the sum of $2,250 per annum; the First Assistant Chief shall receive the sum of $1,750 per annum; the Second Assistant Chief shall receive the sum of $1,750 per annum; the Third Assistant Chief shall receive the sum of $1,750 per annum.
B.
Retired members. Any and all members of the Volunteer Lodi Fire Department who have served as members of said Department for 20 or more years and who have retired from said Department shall receive the sum of $500 yearly from the Borough of Lodi during their lifetime. Payment shall be made to said members of the Fire Department who have retired and who have become eligible because of their 20 years' or more service, whether or not said persons reside within the boundaries of the Borough of Lodi.
The respective fire companies, upon written application made to them by any of their members, may grant permission to said member to absent himself from the Borough for such time as they shall deem proper.
Apparatus and equipment shall not be removed or caused to be removed from any of the firehouses for any other purpose than answering an alarm without the consent of the Chief and, in his absence, the Assistant Chiefs, in the order of their rank, except in cases of extreme emergency.
Fire apparatus shall not be moved or caused to be moved from the Borough of Lodi except in case of conflagration or call for assistance from one of our neighboring towns, and then only with the consent of the Chief and, in his absence from the Borough, the Assistant Chiefs, in the order of their rank, who shall be responsible for his act to the Council. Fire apparatus shall not be used for the purpose of parades or conventions except by permission of the Borough Manager.
Charges preferred against any member or employee of any of the fire companies shall be in writing and signed by the person making such charges, which shall be filed with the secretaries of the respective fire companies, who shall thereupon promptly call a meeting of the members to consider the charges. It shall be left within the total discretion of the respective fire companies to conduct their own hearings and arrive at their own determination as to whether or not there shall be any suspension, reduction in rank or dismissal of said member or employee from the fire company or to exonerate him from such charges.
Any member of the Fire Department who shall move from the Borough of Lodi and remain outside of the Borough limits without the consent of the members of his company shall, at the end of six calendar months after such removal, cease to be a member of the Fire Department and shall forfeit any and all rights and privileges accruing from such membership.
[Amended 10-18-1993 by Ord. No. 194-02]
Each company shall be responsible for the safekeeping and careful usage of the machines, apparatus and equipment provided for its use by the Borough of Lodi and shall promptly report to the Chief of the Fire Department the loss or damage of any of said machines, apparatus and equipment, who shall, in turn, report said loss or damage to the Borough Manager.
It shall be the duty of each company in the Fire Department to keep a complete and detailed inventory of all apparatus, supplies and equipment placed in its charge by the Borough of Lodi, which said inventory shall be made as of January 1 of each year and shall be filed with the Borough Clerk.
All requisitions for apparatus, equipment and supplies shall be made by the Captain of each company on a form provided for that purpose. Said requisitions shall be delivered to the Chief, who shall approve or disapprove said requisition and forward the same to the Borough Manager.
[Amended 10-18-1993 by Ord. No. 194-02]
There shall be an inspection of the entire Fire Department by the Borough Manager at least once each year at such time and place as the Borough Manager and Fire Chief shall determine.
All officers of the Fire Department heretofore elected and holding office prior to the passage of this article are hereby continued in office, subject to the terms of this article, and all the rights, privileges and terms of service of the members of the Fire Department heretofore acquired before the passage of this article are hereby continued, subject to the terms of this article.
[Adopted 5-21-2007 by Ord. No. 707-17]
There is hereby established within the Lodi Fire Department, pursuant to and in accordance with the provisions of this article, the Lodi Junior Firefighters Association, which shall be administered by the Fire Department.
The Lodi Junior Firefighters Association shall consist of not more than 40 members, who shall not be included in the maximum membership number for the Lodi Fire Department. This number shall be allocated at a maximum of 10 members per company.
[Amended 10-17-2017 by Ord. No. 2017-18]
Membership in the Lodi Junior Firefighters Association shall be open to persons between the ages of 16 years to 18 years. When a member attains the age of 18 or applies for Junior membership between 18 years of age and 21 years of age, such member or applicant must complete a background check, including fingerprinting and criminal history, through the Records Division of the Lodi Police Department. For those members or applicants attaining the age of 18, failure to start the background check requirements within 30 days of turning 18 years of age shall be cause for dismissal as a Junior member and failure to complete the background check process within 60 days shall be cause for dismissal as a Junior member.
All candidates must have a curricular grade average of not less than 70% (C) in all subjects and must provide adequate proof of same upon application. In addition, if accepted, the candidate must maintain such average during such membership. In the event a member shall fail to maintain such grade average, he/she shall be suspended until the next marking period. During such suspension, the member shall not be engaged in any of the activities of the Association. If the member shall fail to raise his/her grade point average to comply with the minimum herein within two marking periods, the member shall be summoned before the thirteen-member Advisory Board, as established herein, for review and disposition. Such member is subject to termination of membership or, upon request, the Board shall have the discretion to extend the time period for correction of the deficient grade point average for up to an additional marking period. The decision on whether to extend the correction period is within the sole discretion of the Board. Without limitation, the Board, in making its determination, shall consider all the circumstances which resulted in the deficient grades, the efforts made by the member in correcting the deficiency and the degree to which the correction has been made.
Each applicant shall submit as part of the application process a medical certification, signed by a physician, confirming that the applicant has no medical infirmities or conditions which render him/her unfit or unsuitable for membership in the Lodi Junior Firefighters Association. In addition, each applicant shall submit to such criminal background check as permitted by law to determine whether such applicant has been convicted of a violation of the criminal law or has been convicted of juvenile delinquency by a court of competent jurisdiction. Such conviction would render such applicant ineligible for membership in the Association.
Each applicant shall complete the application forms which shall be supplied by the Fire Department and provide all the independent certifications described in the application. The application shall include a parental/guardian consent for membership. Upon receipt of the application and all certifications, and acceptance by the Company, the applicant shall appear before the Advisory Board, with the consenting parent or consenting legal guardian, for an interview and review of the application. Upon approval of the application by the Advisory Board, it shall be submitted to the Borough Manager for final review and approval.
A.
Training. Each candidate who is accepted shall undergo a minimum of fifteen-week inhouse training for a total of not less than 45 hours. Such training shall be delivered by Lodi Fire Department members who are Level I and Level II Fire Instructors. When and if the State of New Jersey establishes a uniform Junior Firefighter Program to be administered by the staff of the Bergen County Law and Public Safety Institute Fire Division, such training may be substituted for the inhouse training herein, at the discretion of the Fire Department. Failure to complete the training shall be grounds for dismissal by the Advisory Board. In addition, each candidate who is accepted shall undergo such supplemental training as the Department shall determine is appropriate, which may include monthly training drills with the full Department or otherwise. It is recognized that continuous training during membership in the Association is part of the program which would lead up to full firefighter capability. Accordingly, all during the membership, the member is expected to keep fully informed on the guidelines for service as a junior firefighter and to comply with the instructions of Captains and Lieutenants of the Lodi Fire Department.
B.
Limitations of service. By making application, each applicant and his/her consenting parent or legal guardian has acknowledged that firefighting is a dangerous activity, and serious injury is a possibility, albeit the authorized activities of junior members are limited in scope. The following rules, which are nonexclusive and not intended to be all encompassing, shall be applicable for all junior firefighters during their membership. Failure to comply with any of the following rules shall be sufficient cause for disciplinary action by the Advisory Board, which may include temporary or permanent suspension from the Association.
(1)
Junior firefighters may not use or display emergency identification items on their personal vehicle (i.e., blue lights and fire department plates).
(2)
Junior firefighters may not enter a Lodi fire station unless a senior member of the LFD is present and then only for official business such as an emergency response, training drill, department meeting or work detail. Junior firefighters will not be issued keys to the fire station and are not permitted to bring friends into the fire station or permit them to be aboard fire apparatus.
(3)
Junior firefighters must leave the fire station within 30 minutes following completion of the emergency response, training drill, department meeting or work detail.
(4)
Junior firefighters are not permitted to attend overnight standby details or to accompany an LFD firefighter covering the station of another fire department. Junior firefighters will be released from standby details not later than 10:00 p.m.
(5)
The Lodi Fire Department shall maintain a "zero tolerance" policy with respect to drug and alcohol use and violation of public law. Any possession or use of alcohol or illegal drugs or being under the influence of alcohol or illegal drugs on Lodi Fire Department properties or apparatus, at an emergency scene, training drill, official function or while in an LFD uniform will result in immediate and permanent suspension from the LFD Junior Firefighters Association Program. Junior firefighters shall not smoke on Fire Department premises or apparatus, at any emergency scene, training drill, official function or while in LFD uniform. Any arrest for a conviction of a crime, disorderly persons or petty disorderly persons offense may result in disciplinary action by the Advisory Board, which may include temporary or permanent suspension, depending upon the gravity of the offense and the disposition of the charge. The Advisory Board shall use a heightened sense of scrutiny in assessing a penalty, and its decision shall be final. Prior to taking any permanent action, the junior firefighter shall be entitled, upon his/her request, to a hearing before the Advisory Board and shall be advised of the time and place for such hearing.
(6)
Junior firefighters may not operate LFD vehicles nor borrow any LFD equipment for their own use.
(7)
Junior firefighters may not operate any power tool, hydraulic or pressurized air-operated equipment at an emergency scene. Such devices and equipment may only be used for training purposes at a training session and then only under the direct supervision of a senior Fire Department member or his designee. In addition, no junior firefighter under the age of 17 years shall use any of such equipment for any reason. Any authorized use of said equipment shall require use of full protective gear by the junior firefighter, including gloves and eye covering.
(8)
Climbing of ground ladders or aerial ladders by junior firefighters shall be permitted only for training purposes during training sessions and then only under the direct supervision of an LFD officer or his/her designee. A ladder belt or safety harness and full protective gear must be worn at all times. Ladder or aerial equipment of another fire department may not be used by a junior firefighter except with the permission of a member of such other department and the consent of an LFD officer.
(9)
Junior firefighters are not permitted to participate in any LFD activity, including emergencies, during school hours. Junior firefighters are not permitted to leave school or a school-sponsored activity for an emergency response. Junior firefighter are not to respond to any alarm after 9:30 p.m. on a school night (Sunday through Thursday). Junior firefighters may be assigned pagers or radios within the discretion of the Chief of the Department and subject to such rules as he shall impose. Such pagers or radios shall not be operable during school hours or school-sponsored activities. Such equipment is assigned only to members who have completed the Firefighter I course and are at least 18 years of age.
(10)
Attendance at not fewer than 30% of training drills or meetings conducted each year is mandatory. Junior firefighters are not required to respond to emergency calls. Any junior firefighter responding to an emergency scene shall await the arrival of an LFD officer for instructions.
(11)
Junior firefighters are responsible for the care of all LFD gear assigned to them and are financially responsible for loss or damage from other than official use as a junior firefighter.
(12)
Junior firefighters are not permitted to fill SCBA air bottles and are to remain clear of the filling area when air bottles are being filled.
(13)
No firefighter is to ride on a truck step. All firefighters are to be seated in the truck cab when the apparatus is in motion. Junior firefighters may not repack hose from the hose bed if the apparatus is in motion.
(14)
No firefighters, including junior firefighters, may accept monetary payment or gifts of any kind for services rendered as a firefighter. In the event any citizen shall offer payment of any kind, he/she shall be advised that payment for fire-fighting services is neither expected nor sought, and no contributions shall be accepted at a fire or emergency scene. Firefighters who confront persons who are desirous of making a contribution shall advise such person to consider a voluntary contribution to the Lodi Fire Department as a part of its annual fund drive.
(15)
Junior firefighters are never to drive personal vehicles to any fire or emergency scene unless directed to do so by an LFD officer. Junior firefighters are to report directly to the fire station at all times.
C.
Emergency response. The following shall apply to junior firefighters responding to an emergency call:
(1)
Junior firefighters may respond to emergency alarms except as set forth in Subsection C(2) and (3) below. Junior firefighters shall respond to the fire station or as directed by the LFD Chief or Junior Firefighter Training Officer (if one is designated) via a standing assignment order. Junior firefighters may respond on LFD apparatus if seats are available but shall relinquish seats to senior firefighters as needed. Junior firefighters are under the command of LFD officers from the time of their arrival at the station or emergency scene until released from duty by an LFD officer. If no officer is aboard the apparatus, the junior firefighter will be under the command of the driver until reassigned to an LFD officer. Firefighters are not to leave the scene of an emergency without the knowledge and consent of an LFD officer given by direct communication between the member and the officer and not solely by way of a third party.
(2)
Junior firefighters may not respond to an emergency alarm relating to a hazardous material incident, biological, WMD or nuclear hazard, explosive device, terrorist incident, police jurisdiction/crime scene assistance or mass casualty (defined as one likely to involve four or more individuals seriously injured or killed, such as an incident involving a train, aircraft or bus accident). Junior firefighters are not to respond to mutual aid alarms outside the Lodi Fire Department jurisdiction unless directed by an LFD officer.
(3)
Prior to responding to alarms, the junior firefighter must be trained and demonstrate proficiency in the use of SCBA equipment. Junior firefighters use of SCBA equipment at an emergency scene is reserved for defensive escape purposes only. A junior firefighter is to remain well clear of an area of operation requiring use of supplemental breathing air.
(4)
Junior firefighters must wear protective gear while riding on the apparatus and at an emergency scene.
(5)
Under no circumstances is a junior firefighter to enter a burning structure, confined space or underground area, or an area subject to a collapse hazard. Once a fire has been brought under control and the building determined to be structurally sound and free of hazardous materials and toxic gas, the junior firefighter may enter the building if accompanied, at all times, by an LFD officer or his/her designee and with the consent of the Chief. Junior firefighters may operate exterior hose lines under the direction of a fire officer or his/her designee. Junior firefighters must stay well clear of a motor vehicle fire or other type fire presenting exposure to flammable liquids or hazardous materials. At an emergency scene, a junior firefighter may not climb a ladder or operate from a roof or other elevated position. At an emergency scene, a junior firefighter may not operate any power tool, hydraulic or pressurized air-operated equipment or cutting device.
(6)
Upon arrival at an emergency scene, a junior firefighter is not to enter a private dwelling or other structure with senior firefighters for investigation or emergency action of any type, unless expressly instructed to do so by the Fire Chief or a fire officer. Junior firefighters are to remain with the apparatus or in close proximity to the incident commander on scene and await specific orders from an LFD officer. If the junior firefighter received orders from an officer (or request from a firefighter) of another fire department, it is incumbent upon the junior firefighter to advise that officer or firefighter of his/her status as a junior firefighter and the limitations placed upon him/her. If ordered to enter a structure by an LFD officer for any type of emergency action, the junior firefighter must be accompanied at all times by an LFD officer or his/her designee.
(7)
All orders received from a fire officer are to be obeyed and executed completely. If due to safety concerns or for any other reason the junior firefighter is unable to complete the assigned task, the officer issuing the order or another officer, in his/her absence, should be immediately notified by the junior firefighter who received the order.
(8)
At an emergency scene involving downed power lines or gas leak, the junior firefighter must remain aboard the apparatus until the area of operation for the junior firefighter is determined to be safe by an LFD officer.
(9)
If assisting with directing traffic, the junior firefighter must wear a reflective vest and reflective striped turnout coat. In the evening hours, the firefighter must make use of a flashlight. The junior firefighter must operate only in an area within sight of fire apparatus or a police vehicle displaying flashing warning lights. The junior firefighter is not to direct traffic on a divided highway or in snow or ice conditions that may impair motor vehicle control. When assisting with traffic control or crowd control, the instructions of a police officer are to take precedence.
(10)
Firefighters, including junior firefighters, are not to make any public comments or make statements to the media at the time of an emergency incident or following the incident concerning conditions relating to the emergency scene. Examples of comments to avoid are the cause and origin of the fire, condition of fire victims, condition of a home or building interior, or fire-fighting technique. All public inquiries are to be referred to the incident commander or the LFD Chief. It should be understood by the junior firefighter that fire inspectors or arson investigators and other government officials are required to inspect certain types of damage and their presence at a scene in no way indicates suspicion of wrongdoing on the part of the property owners or anyone else. All firefighters must understand that individuals whose property has been damaged or destroyed and/or family members injured or killed are extremely sensitive to the statements and actions of emergency personnel. LED firefighters, including junior firefighters, are expected to demonstrate the utmost of respect and compassion for these individuals in both their words and actions.
(11)
Valuables found at an emergency scene are to be immediately turned over to an LFD officer or police officer. Theft by a junior firefighter will result in an immediate dismissal from the Junior Firefighter Association Program and the police authorities shall be notified.
(12)
Junior firefighters are not to have any direct contact with an injured person or dead body unless properly certified (first responder, EMT or paramedic), and then only at the direction of an LFD officer or EMS crew chief. Any accidental contact with blood or other bodily fluid must be reported to an LFD officer immediately so that medical treatment can be initiated promptly.
A.
B.
The Third Assistant Chief shall be an alternate member of the Advisory Board in the event of a vacancy or in the event his/her presence is needed to establish a quorum. The single member from each company shall be selected by the members of the company through an established vote process in which all members may participate. Such elected representative shall serve for a period of two years commencing on July 1 following election through June 30 of the second year following his/her election. Meetings of the Advisory Board shall be scheduled as needed to satisfy the purposes expressed herein. All meetings shall be on written notice to all Advisory Board members and may be called by the Chief of the Department or by any other three members of the Board. Such notice shall be not sooner than five days prior to the scheduled meeting and shall take place at Fire Headquarters, Main Street, Lodi, New Jersey. In order to establish a quorum, the meeting must be attended by not less than seven members, and decisions of the Advisory Board shall require a majority vote of those present. Any Advisory Board member unable to attend is entitled to one adjournment, in which case the meeting shall be rescheduled for a new date within 14 days of the initial date scheduled.