[HISTORY: Adopted by the Mayor and Council of the Borough
of Clementon 9-11-2007 by Ord. No. 2007-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Civil service — See Ch. 9.
Personnel regulations — See Ch. 47.
Police Department — See Ch. 51.
Salaries — See Ch. 59.
Fire insurance claims — See Ch. 130.
Fire prevention — See Ch. 134.
[1]
Editor's Note: This chapter also repealed former Ch.
26, Fire Department, adopted 4-23-1990 by Ord. No. 90-7.
The Borough of Clementon hereby establishes the Clementon Fire
Rescue, hereinafter referred to as "CFR." The CFR shall be and is
at all times under the control and supervision and subject to the
orders of the Mayor and the Borough Council, except at a fire scene,
drill or disaster, at which time the Fire Chief or other superior
officer in charge shall have complete control and supervision of the
CFR. The CFR shall come under the Public Safety Committee.
[Amended 9-8-2009 by Ord. No. 2009-21]
The CFR of the Borough shall consist of one Chief, at least
one but not more than two Assistant Chief(s), two Captains, three
Lieutenants, two Safety Officers and all other officers and firefighter(s)
as may be deemed necessary by the CFR and selected thereby with the
approval of Council. The number of officers shall consist of the minimum
required by NFPA 1561 A.4.5.6 standards but is not to exceed five-to-one
ratio of the total CFR roster.
Those individuals who were members of the Clementon Fire Department
prior to the adoption of this chapter will be recognized as a member
of the newly created CFR after duly affixing their respective signatures
on the CFR roster. After the date of this chapter, each applicant
for membership shall have the following qualifications at the time
of his/her application.
A.
Qualifications.
(1)
Be a citizen of the United States.
(2)
Residency or employment; former membership.
(a)
The applicant shall be required to be a resident of the Borough
of Clementon or a resident of a municipality in the State of New Jersey
which borders the Borough of Clementon or is a full-time employee
of a business based in the Borough of Clementon or an employee of
the Borough of Clementon.
(b)
Any firefighter who was a former member of a volunteer company
affiliated with a local relief association and who resigned before
serving the required seven years for exempt status, within one year
of his/her resignation from his/her former company, he/she may become
a member of the CFR if the above residency or employment requirements
are met.
(c)
If the application for membership reinstatement in the CFR is
made after one year of the applicant's resignation from his/her
former company, the applicant must be considered a new applicant.
[Amended 12-29-2007 by Ord. No. 2007-18]
(3)
Be in good health and of sound body, to be evidenced by a certificate
to that effect signed by a licensed practicing physician of the State
of New Jersey.
(4)
Be of good moral character.
(6)
Membership in the CFR shall be open to all persons who are able to
perform the duties of volunteer firefighter without discrimination
on the basis of an applicant's race, creed, color, sex, age,
national origin, ancestry, marital status or physical handicap.
B.
Application for membership.
(1)
The Borough Clerk shall have the application forms, and the Clerk
shall distribute them upon written or personal request made during
normal business hours. The form shall state that applications may
be filed either by personal delivery or by sending them by mail to
the Board of Officers or other designated officer whose mailing address
shall either appear on the application form or be available from the
Borough Clerk.
(2)
Applications shall be reviewed by the Chief of CFR in order to verify that the applicant has met the requirements set forth in Subsection A above. Once approved by the Chief of CFR, the applicant will be contacted by phone, mail or personally and requested to report to the Borough Police Department in compliance with Subsection B(3) below.
(3)
Each applicant for membership in the CFR shall furnish a classifiable
set of fingerprints to the Borough Police Department.
(4)
The Chief of Police and/or his designee(s) shall conduct a field
investigation and a criminal records check on each applicant for membership
to the CFR.
(5)
Background investigations and records checks shall include records
of all convictions as an adult.
(6)
The Chief of Police and/or his designee(s) shall, within five days
of request, prepare a factual summary of the background investigation
and criminal records check of each firefighter applicant and transmit
such summary to the Chief of the CFR for the purpose of determining
the suitability of the applicant.
(7)
The Chief of Police and members of the Police Department shall not
reveal any information or make any recommendations to the Fire Chief
regarding whether the applicant is suitable other than that contained
in the official summary report referred to hereinbefore.
(8)
If the applicant is approved by the Chief of CFR, the application
will be forwarded to the Fire Board, at which time it will be voted
on for membership classification. If the applicant is denied by the
Chief of CFR, notice of such determination will be sent by U.S. Mail
to the applicant, along with a copy to the Fire Board.
(9)
Any applicant for membership in the CFR who is denied admittance
on the basis of the investigation summary may inspect the summary
for the purpose of clarifying, explaining or denying the accuracy
of its contents.
(10)
If the applicant is denied membership based on the results of the
police background check, he/she may appeal to the Borough Council
by written request and may, at the discretion of Council, be granted
an opportunity to be heard.
C.
Classification of members. Members shall be divided into six classifications
as follows:
(1)
Active member.
[Amended 12-29-2007 by Ord. No. 2007-18; 9-8-2009 by Ord. No.
2009-21]
(a)
An active member shall meet the qualifications of Subsection A for membership and shall complete the course of instruction entitled "Firefighter-1" at the Camden County Fire Academy, or its equivalent. He/she shall also attend at least a minimum 50% annually of all fire calls and drills, meeting the criteria of:
[Amended 3-19-2019 by Ord. No. 2019-04]
(b)
Firefighters attaining 15 years shall be entitled to the following
benefits when and if made available: jury duty exemption and credits
for LOSAP (Length of Service Awards Program).
(2)
Junior firefighter. A junior member should meet the requirements in Subsection A for membership and be at least 16 years of age and less than 18 years of age. Parental approval from the parents or guardian, along with current report card, and three references must be submitted to the Borough Personnel Officer. He/she shall complete the course of instruction entitled "Junior Firefighting" at the Camden County Fire Academy or its equivalent. He/she shall also attend all required training and retraining seminars as mandated by law and the CFR Board of Fire Officers. He/she shall perform limited firematic duties and shall not serve as or vote for any departmental officer or firematic officer.
[Added 12-29-2007 by Ord. No. 2007-18[2]]
(3)
Explorer. An Explorer member should be at least 12 years of age and
less than 16 years of age. Parent or guardian must be an active member
of CFR during this period. Parental approval from the parents or guardian,
along with current report card, and three references must be submitted
to the Borough Personnel Officer. He/she shall also attend all required
training and retraining seminars as mandated by law and the CFR Board
of Fire Officers. He/she shall not perform firematic duties and shall
not serve as or vote for any departmental officer or firematic officer.
[Added 12-29-2007 by Ord. No. 2007-18]
(4)
Life member. Life member status shall be bestowed on all active members
of the CFR after serving 15 years of active service.
(5)
Exempt: an active member of the CFR who worked for his exemption
certificate and has served seven years of active duty as required
by N.J.S.A. 40a:14-56.
(6)
Honorary: a titular membership. A person honored shall not actually
be a member of the company honoring him/her, nor a member of the CFR,
and he/she shall not participate in any activities of the CFR.
(7)
Probationary.
[Amended 12-29-2007 by Ord. No. 2007-18]
(a)
A probationary member shall meet the membership requirements of Subsection A. All aspects of the background check shall have been completed and marked as approved. He/she shall be considered a probationary member for at least six months, during which time he/she shall attend the course(s) required per his/her membership classification at the Camden County Fire Academy or its equivalent. On completion of said course(s), the applicant shall present a copy of the certificate(s) to the Borough Personnel Officer for his or her records. If he/she cannot complete the course of instruction within six months, the probationary period may be extended to 12 or up to 24 months. A probationary member will not be entitled to active member benefits described in Subsection C(1)(b).
(b)
At the conclusion thereof, each member serving a probationary
period shall be evaluated solely by the Board of Officers of CFR who
supervise him/her in the performance of his/her duty based on performance
criteria established and maintained by CFR. They may cause the dismissal
of any member serving a probationary period only for failure to perform
the established duties, not serving a probationary period in a reasonably
satisfactory manner, or other good cause and may do so by notifying
the member serving the probationary period in writing of his/her dismissal
stating the particular reasons and forwarding a copy of same to the
Borough Personnel Officer for his or her records.
(9)
Retired. If any member shall have served as an active member in the
CFR for less than 15 years in good standing, he/she may, on application
therefor, become and continue to be a retired member. Up to a maximum
of 15 years may be credited toward retirement for years of service
to another fire department within the Borough of Clementon when proof
of service is provided. Such retired member shall have all the rights
and duties of an active member, except that he/she shall not perform
firematic duties and shall not serve as or vote for any departmental
officer or firematic officer. Retired members shall be entitled to
receive the same benefits as they received during their last year
of active service regardless of percentage.
[Added 12-29-2007 by Ord. No. 2007-18]
D.
Approval by Council. Upon election of a member by the Board of Officers,
his/her name shall be submitted to Council for its approval. Upon
approval by the majority of Council by appropriate resolution, the
applicant shall then take the oath of office and become a member of
the CFR.
E.
Membership certificate. Each active member of the CFR, after his/her election and approval as provided in Subsection D, shall have issued to him/her a membership certificate showing the date of his/her election to membership, signed by the Mayor and attested by the Borough Clerk, and countersigned by the Chief of the CFR, with the corporate seal of the Borough affixed. In addition, a badge of membership in the CFR shall be issued to him/her to be worn at all times pursuant to CFR rules and regulations. The badge shall remain the property of the Borough and shall be returned to the Chief of the CFR on demand if the member ceases to be an active firefighter, or is suspended, removed or dismissed for any cause whatsoever, or ceases to be a member.
G.
Exemption certificate. A certificate of exemption shall be issued
by Council to any member of the CFR who has served as an active firefighter
for seven years under Borough control or who, while an active member
of the CFR, becomes incapacitated by illness and can no longer serve
as an active firefighter, such incapacity and inability to serve to
be certified by a practicing physician whose certificate will show
the member to be physically or mentally unfit for further service
as an active firefighter; provided, however, that before such certificate
shall be issued, the Chief of the CFR to which such member belongs
shall certify in writing to Council the qualifications of the member
to be complete and in accordance with this subsection and the laws
of the State of New Jersey.
H.
Conditions. Any member of the CFR who shall cease to meet the membership requirement of Subsection A(2) and shall have failed to meet the requirements of Subsection K below, with the exception of life members and Exempt members, shall be dropped from the rolls of the CFR. Further, members may be given a leave of absence for military duty with the Armed Forces of the United States of America.
J.
Resignations. Any person seeking to resign from the CFR shall give
written notice to the Borough Clerk, and same shall be affirmed at
the next business meeting of Council.
K.
Reinstatement.
(1)
A former member admitted under the rules and regulations may be reinstated
within one year from the date of his/her severance from the CFR.
(2)
Any applications for reinstatement by a former member of the CFR who has not been a member for a period in excess of one year shall be accompanied by a certificate from a physician designated by the CFR showing a recent physical examination certifying good health, sound physical condition and ability to perform the duties ordinarily required of a firefighter. No applicant shall be reinstated unless his/her application has been approved in the same manner as provided in Subsections A and D pertaining to new applications.
(3)
No firefighter who is on leave of absence for reasons of health shall
be reinstated to active duty unless he/she presents a certificate
from a physician showing that he/she is physically able to perform
the required duties.
(4)
Such former members of the CFR must have been in good standing at
the time of his/her severance from the CFR in order to be considered
for reinstatement.
L.
Membership roll. It shall be the duty of the Borough Clerk to keep
a complete roll of active and exempt members of the CFR designating
the date of admission, age, occupation, residence, and resignation.
Copies shall be forwarded to the Chief of the CFR for the CFR files
and to the Exempt Association and the Relief Association in which
said members belong.
A.
Established. There is hereby created within the CFR the position
of junior fireman.
B.
Qualifications. Any person who is a resident of the Borough and who
is at least 16 years of age, and less than 18 years of age, may become
a junior fireman.
C.
Application. Any person desiring to become a junior fireman should
make application to the Chief of the CFR and shall complete an application
therefor, which application shall be approved by the Mayor and Council.
There shall also be attached parental approval from the parents of
the proposed junior fireman, and the application, together with a
medical examination report, shall be referred to the Mayor and Council
for approval and designation of such applicant as a junior fireman.
D.
Adult membership. When a junior fireman becomes 18 years old, such
junior fireman shall no longer be a junior fireman but may apply to
the CFR for membership in the CFR.
E.
Provision for training. The Mayor and Council, upon application of
the CFR, may make provision for the training of those persons designated
as junior firemen.
All members within the nine classifications aforementioned and
any person who may hereinafter become a member of the CFR shall be
required, as an integral part of their membership therein, to actively
attend and participate, in addition to the duties heretofore established
by rule or custom, in all parades, social functions, affairs, special
events, and any and all other types of activities not specifically
enumerated herein, whenever the participation by the CFR in such event
or activities shall be ordered by the Fire Chief or the officers of
the CFR, as the case may be. The failure of any member to attend and
participate in such event or activities shall subject the member to
like disciplinary action for failure to conform to other duties herein,
unless the member shall be duly excused from participation therein.
[1]
Editor's Note: Former § 26-8, Duties of fire
police after appointment, was repealed 9-8-2009 by Ord. No. 2009-21.
A.
Eligibility. No firefighter shall be eligible for nomination as a
CFR line officer until:
[Amended 12-29-2007 by Ord. No. 2007-18; 9-8-2009 by Ord. No.
2009-21]
(1)
He/she has completed two years as a volunteer fireman with the CFR.
(2)
He/she, has attended and completed Firefighter-1, 1200, 1300 and
has had an additional 30 hours' schooling with certificates in other
firematic courses at the Camden County Fire Academy or the New Jersey
State Fire College, Division of the New Jersey State Safety Council
at Sea Girt, New Jersey, or any other schools which are listed by
the Board of Fire Officers.
B.
Selection of officers. The officers of the CFR, with the exception
of past Chiefs, shall be active members of the CFR and selected by
way of an application process subject to appointment by the Mayor
with the approval of Council at its next following regular meeting.
No person who has not been a member for a period of at least five
years and who has not served as Captain shall be eligible for the
office of Chief or Assistant Chief. An application and resume must
be submitted to apply for the Chief. The Chief of the CFR cannot serve
concurrently as the Chief of Police for the Borough of Clementon.
[Amended 12-29-2007 by Ord. No. 2007-18; 9-8-2009 by Ord. No.
2009-21; 2-17-2015 by Ord. No. 2015-02; 2-16-2016 by Ord. No. 2016-02]
C.
Term of office. The Mayor, with the advice and consent of Borough
Council and the recommendation so supplied, may then, at the Borough's
reorganization meeting, appoint the Chief, Assistant Chief(s), and
line officers. Those appointments shall be for one year, commencing
with the first day of January and until their successors are chosen.
[Amended 12-29-2007 by Ord. No. 2007-18; 9-8-2009 by Ord. No.
2009-21; 2-16-2016 by Ord. No. 2016-02]
D.
Temporary appointments pending confirmation by Borough. In case the
Borough Council shall refuse to confirm the nomination of any Chief
or Assistant Chief, the Mayor of the Borough shall appoint a Chief
or Assistant Chief to hold office until such officers are nominated
by the CFR and confirmed by the Borough Council.
E.
Vacancies. In case of any vacancy from any cause in the office of
the Chief, the Assistant Chief shall perform the duties of Chief,
and the Mayor shall appoint an Assistant Chief for the unexpired term,
subject to approval of the Council.
F.
Duties of the Chief.
(1)
The Chief of the CFR shall:
(a)
Have full and complete control at all fires, being held accountable
for his actions to Council only, and make such written and verbal
reports as the Mayor and Council may require. All other CFR officers
shall be accountable to the Chief, or such officer as shall be acting
as Chief in his absence, and to Council.
(b)
Formulate rules and regulations to govern the CFR subject to
approval of the Board of Fire Officers and the Mayor and Council,
and be responsible to the Mayor and Council for the personnel, morale
and general efficiency of the CFR.
(d)
Assist the proper authorities in suppressing the crime of arson
by investigating or causing to be investigated the crime, origin and
circumstances of all fires of questionable origin.
(2)
In the absence of the Chief, the Assistant Chief shall perform the
duties of the Chief at all fires and emergencies. In the absence of
the Assistant Chief, the Captain shall serve in this capacity.
(3)
It shall be the duty of the Chief, the other officers and members
of the CFR to enforce the provisions of the Fire Prevention Code of
the Borough, and the amendment and supplements thereto, and any other
Borough ordinance or federal, state and county law having to do with
fire prevention, safety and control.
G.
Board of Fire Officers. The Board of Fire Officers shall consist
of the Fire Chief, who shall be the presiding officer, the outgoing
Fire Chief of the preceding year, in an advisory capacity only, and
the Assistant Fire Chief, Captain and the Lieutenants of the CFR.
The Board shall be under the supervision of the Council. All decisions
of the Board of Fire Officers shall be by a majority vote of its members.
H.
Duties of CFR officers. The Board of Fire Officers shall be the advisory
board of the CFR charged with its supervision and have entire control
over the management of the CFR, subject to the approval or veto power
of Council over its acts. The Board of Fire Officers shall meet at
such times as the Board shall designate to transact the business of
the CFR. The Board shall also consider, hear and, on notice, decide
any written grievance with respect to any ruling, order or penalty
imposed by any officer of the CFR. The Board of Fire Officers shall
submit written reports on the first day of January and July in each
year to the Mayor and Council of the conditions of the various pieces
of apparatus and equipment and condition of fire hydrants; the number,
date, cause, loss and location of all fires; the number of members
in each company, and the number of active members in the CFR, resignations
and expulsions, if any, and new members elected; and shall include
in their final or annual report comparative data for previous years
and recommendations of the CFR.
A.
Ownership. The title to ownership of all apparatus, equipment, hose
and other property used by the CFR shall be vested in the Borough.
Council shall have the authority to lease or purchase adequate housing
facilities for all Borough-owned fire apparatus, equipment, supplies
and furnishings for the CFR. It shall also have the right, when it
shall be deemed necessary, to hire a full- or part-time maintenance
man to care for and maintain fire apparatus, equipment and buildings
used by the CFR. The CFR shall be equipped with such apparatus and
other equipment as may be required from time to time to maintain its
efficiency and properly protect life and property from fire. Recommendations
for apparatus and equipment needed shall be made by the Board of Fire
Officers to Council. Purchases of apparatus and equipment shall be
made only by Council at such time and manner as it shall determine.
B.
Regulations. No person shall use any Borough-owned fire apparatus
or equipment for any private purpose, nor shall any person willfully
and without authority take away or conceal any article belonging to
or used in any way by the CFR.
C.
Right to enter fire houses; mutual aid; fire apparatus drivers; removal
of apparatus.
(1)
No person shall enter any place where fire apparatus is housed, nor
handle any equipment, property or apparatus belonging to the CFR,
unless accompanied by or having the special permission of an officer
or authorized member of the CFR.
(2)
The Chief of the CFR is authorized to extend aid to neighborhood
communities upon request for fire protection or to establish a mutual
aid system in accordance with the laws of the State of New Jersey.
(3)
No person shall become an apparatus driver unless he or she is a
licensed automobile driver in the State of New Jersey and has at least
three years of experience in driving automobiles/trucks.
(4)
No person shall drive a fire apparatus unless he or she is an appointed
apparatus driver or in an emergency is approved by the officer in
charge of the emergency. It shall be the duty of the drivers, based
on a schedule and checklist provided by the Fire Chief, to regularly
and frequently inspect the apparatus, provide for the maintaining
of all fluid levels, and inspect all fire-fighting gear so provided
on the apparatus such that the apparatus and equipment are ready for
the next alarm.
(5)
No apparatus shall be removed or permitted to leave the Borough without
the consent of the Chief or the next highest ranking officer available.
The officer in charge of the CFR shall have the power to assign the
equipment for response to calls for outside aid in accordance with
this paragraph and in other cases only when the absence of such equipment,
in his judgment, will not jeopardize protection in the Borough.
[1]
Editor's Note: Former § 26-11, Bylaws, was
repealed 9-8-2009 by Ord. No. 2009-21.
The officers and members of the Clementon Fire Rescue shall
at all times be subject to and under the control of such rules and
regulations as Council may from time to time adopt.
[Added 11-25-2008 by Ord. No. 2008-22]
Clementon Fire Rescue shall be reimbursed pursuant to the following
schedule by the person or entity responsible, as follows:
