Borough of High Bridge, NJ Fire Department

The Chief shall be elected for a minimum term of two years and can be reelected for one-year terms, not to exceed six consecutive years, by the active firefighters of the Borough of High Bridge. The Chief shall have been an active member of the Fire Department for a period of not less than five years. The election shall take place at a meeting of the Department to be held within the first 14 days of November of the year preceding the one the elected Chief is to take office, and said election shall be conducted by the Fire Department.

The Chief shall be elected from the body of the Department.

The election of the Chief is subject to confirmation by the Mayor and Council of the Borough of High Bridge. In case the same refuses to confirm the election of any of these offices, a new election shall immediately be ordered by the Committee on Fire of the Council and shall follow the same course as the previous election. The Chief and Assistant Chiefs are designated as Borough Fire Marshals while on fire duty.

Assistant Fire Chiefs.

The Assistant Chief shall be elected for a minimum term of two years and can be reelected for one-year terms, not to exceed six consecutive years, by the active firefighters of the Borough of High Bridge. The person elected shall have been an active member of the Fire Department for a period of not less than five years. Such election shall be approved by the Mayor and Council of the Borough of High Bridge. The election shall take place at a meeting of the Department to be held within the first 14 days of November of the year preceding the one the elected person is to take office, and said election shall be conducted by the Fire Department.

It shall be mandatory that the First Assistant Chief shall be a candidate for Chief. However, any other active member of the Department for a period of not less than five years may be nominated from the floor for the office of Chief or First Assistant Chief.

The Chief and Assistant Chief shall be elected from the body of the Department.

Captains and Lieutenants. The Department shall, at the last regular meeting in December of each year, elect two Captains, and two First Lieutenants and two Second Lieutenants, who shall be active firefighters of not less than one year. Captains and Lieutenants must meet the approval of the Fire Chief. In the event that the Fire Chief does not approve the elected persons, the Fire Chief is empowered to order a new election.

Other officers. The Department shall also elect such other officers as may be necessary. The Secretary of the Department shall, immediately after the election, report, in writing, to the Mayor and Council the names of the officers elected. If there is no objection on the part of the Mayor and Council or the Chief, the officers shall assume the duties at the regular meeting of the Department in January of the following year.

§ 37-5 Duties of Fire Chief.

[Amended 6-13-2013 by Ord. No. 2013-13; 9-26-2019 by Ord. No. 2019-028; 1-27-2022 by Ord. No. 2022-002]

The Chief of the Fire Department shall perform the following duties:

He shall have control over all members of the Department when on duty and over the fire apparatus. In case of the absence of the Chief, the Deputy Chief shall have all the authority of the Chief. In case of the absence of the Chief and his Deputy, the Captains of the Department first at the fire shall assume all the duties and responsibilities of the Chief. In the case of officers of equal rank, seniority and superiority shall be determined by length of service in the Department.

He shall inspect the fire apparatus and the buildings in use for the protection of the same at least once in each three-month period and report to the Mayor and Council at its next regular meeting.

He shall report every other month on all fires, as well as the causes thereof, if possible, and such other information as he may deem proper.

He shall have full charge of the fire alarm system and make or cause to be made a weekly test of the system and make or cause to be made such repairs as may be necessary to keep the system in good working order.

He shall order once a year, at such times as shall be designated by the Mayor and Council, a public inspection of the Fire Department.

He shall attend, along with his associates, when possible, all fires within the Borough and shall use all means at his disposal for the saving of life and property.

He/she shall take charge of any building or buildings which may be on fire and shall permit only qualified firefighters and such other persons as he may deem necessary in his discretion to enter said building or buildings.

In accordance with N.J.S.A. 40A:14-54.1, he/she or designee, who is charged with the duty of supervising or directing operations at the scene of any fire, rescue, or hazardous-material-related emergency scenes established by said Fire Chief or other superior officer, shall be the sole authority within lines established by said Fire Chief or other superior fire officer and shall terminate at such time as the Chief or officer declares an emergency has ceased.

The Fire Chief shall respond to and manage fires, rescues, all EMS, hazardous material incidents, and other emergencies; determine what apparatus and equipment is needed; make decisions as to the best methods of controlling and managing emergency incidents; and direct the work of personnel.

The Fire Chief or his designee shall be the sole authority in determining the appropriate amount and type of equipment and personnel needed in response to any fire, rescue, hazardous-material-related incident, emergency medical service incident, and other emergencies within the Borough of High Bridge.

He and his Deputy shall report to the Mayor and Council each and every violation of this chapter which shall come to his knowledge. Such report shall set forth the name of the person or persons charged with such a violation.

He and his Deputy Chief shall make and establish rules and regulations for the proper government of the Fire Department which are not in conflict with the ordinances of the Borough. All such rules and regulations must be presented to the Mayor and Council for approval through the proper committee at the next meeting after they are promulgated. The rules shall be effective as of the date of the approval of the Mayor and Council.

§ 37-6 Operations of Department.

The operations mentioned and referred to in § 18-8,[1] hereof shall include drills, maneuvers and all activities which involve the use of Department apparatus and equipment, except such operations as are incident to the exercise of the duties of the Fire Committee.

[1]

Editor's Note: So in original.

§ 37-7 Control of equipment and members.

In case of fire or an alarm of fire, the officers of the Department shall have sole control over all apparatus, equipment and members of the Fire Department and over all other apparatus, equipment and persons assisting. Any member of the Department refusing to obey an officer may be immediately suspended from active service by said officer and may be expelled from the Department by a majority vote of his peers.

§ 37-8 Officers to take charge during fires.

The officers of the Department shall answer all alarms within the Borough limits and are empowered to take charge of all buildings on fire or in danger of being on fire and may admit or refuse to admit and eject such persons, firemen or others, as they may believe proper to facilitate the extinguishment of the fire and the preservation of life and property.

§ 37-9 Attendance at fires; firehouse duty.

All members of the Department shall attend all fires and alarms of fire within the Borough limits unless prevented by illness or other unavoidable causes. They shall give their best efforts to the efficient conduct and discharge of their assigned duties and obey all orders of their superior officers in connection with the operations, drills and maneuvers of the Department.

In the event of frequent alarms, civil disorder or the possibility thereof, or in the event that the fire alarm system for any reason is not in operation, the Chief may place on duty in any firehouse such members of the fire company thereof as he deems necessary for the protection of apparatus, equipment and the firehouse; provided, however, that the decision to place Fire Department members on duty as aforesaid and the length of time during which they shall serve shall be approved by the Chairman of the Fire Committee if he is available, or if he is not, then by the Assistant Chairman of the Fire Committee if he is available, or if he is not, then by the Mayor.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 37-10 Inventory of apparatus.

The Captain and/or Lieutenants of every company belonging to the Department shall, immediately after the first Monday in January of each year, deliver to the Chief a full and correct inventory of all the apparatus, equipment, furniture and fixtures in the possession of such company and belonging to the Department. Any failure or refusal on the part of a company to make and deliver such inventory, and any willful incorrectness or misstatement in any such inventory, shall be reported by the Chief to the Council, and it shall be the duty of the Chief to submit to the Council at the second regular meeting of January of each year the aforesaid inventories, which shall be filed by the Borough Clerk.

§ 37-11 Entry to premises.

The Chief and his assistant may at any time lawfully enter and inspect any public place or any buildings or grounds where gunpowder or explosive or flammable material is stored or any building over two floors in height, part of which is used for living quarters, or any store, warehouse, factory or mill. They may order, in writing, the removal of any material considered to be a fire hazard or a menace to health. The owner or person or persons in possession of said building or buildings or grounds shall comply with such written order with a period of five days.

§ 37-12 False alarms.

No person shall create or spread a false alarm of fire. A firefighter found guilty after hearing or creating or spreading a false alarm shall be expelled from the Fire Department.

§ 37-13 Fire Police.

There shall be a division of the Department known as the "Fire Police," which shall consist of not more than six members, elected by their own members and sworn as police officers of the Borough. They shall organize on the second Monday of January of every year by the election of a Captain, a First Lieutenant, a Second Lieutenant and a Third Lieutenant, subject to the approval of the Mayor and Council within 10 days of such election. They shall be administered an oath of office by the Municipal Clerk as Fire Police. It shall be their duty at and in the vicinity of fires, drills and maneuvers to maintain order, direct traffic and carry out such orders as the officer in charge may proper direct.

§ 37-14 Use of fire apparatus.

Fire apparatus, in answering an alarm, shall proceed promptly to the place of the fire but shall be driven carefully and in accordance with the state laws governing motor vehicles. In returning from a fire, all traffic rules shall be observed by the driver.

No apparatus shall, in going to or from a fire or at any other time, knowingly or willfully be driven so as to obstruct that of any other company.

Fire apparatus and equipment shall be returned promptly after a fire, drill or maneuver upon order from the officer in charge.

No Fire Department vehicle shall be driven by any member of the Fire Department who is under the age of 19 years.

No member, except a qualified driver, shall be allowed to operate the fire apparatus except upon direction of an officer in case of emergency or when a member is qualifying as a driver.

The officer in charge shall not permit any person not a member of the Fire Department to hold the butt or pipe of any hose while on duty at a fire.

All qualified drivers must operate this apparatus and pump from a draught at least once a year or he shall be disqualified as a driver.

No apparatus shall be allowed outside the Borough except in the line of duty or by permission of the Fire Chief or his designee.

The fire apparatus shall not be removed from the scene of the fire until so ordered by the Chief or Acting Chief.

After the apparatus is returned to the firehouse, each Captain shall see that everything is properly cared for and place in a ready condition for another call.

Whenever any of the fire apparatus shall be in need of repairs or replacement, it shall be the duty of the officer in charge to report the same to the Chief, who shall report to the Council Emergency Services Committee. Said Committee shall order such repairs as, in its judgment, may be necessary.

No person shall at any time drive or propel or cause to be driven or propelled a vehicle over fire apparatus.

The Mayor and Council shall furnish from time to time such additional apparatus and equipment as may be necessary in its discretion. The Chief shall recommend whatever may be necessary to the Council Committee for Fire.

The Chief may promulgate such rules, as he may deem advisable for the handling of any apparatus or equipment, although he or the officer in charge may order a deviation from such rules if the circumstances of any particular situation seem to him or the officer in charge to warrant such deviation.

Any officer who knowingly permits or consents to a violation of this section shall be liable to dismissal from the Fire Department.

§ 37-15 Right of Council to repossess equipment.

The Mayor and Council may at any time demand and take into its hands and possession any fire apparatus or equipment previously committed to the custody of the Fire Department, officer or member of the Department. Each company shall at all times be subject to such rules and regulations as the Mayor and Council may from time to time promulgate.

§ 37-16 Expulsion of member; appeal; hearing.

Any person who shall be expelled from membership in the Department may, within 30 days after such expulsion, appeal therefrom by written petition of appeal to the Council, which shall fix a time and place for the hearing of such appeal and give at least 10 days' written notice thereof to the person so appealing and to the Secretary of the company from which such person has been expelled, if expulsion has been by action of the company. At the time and place appointed or at any time and place to which the hearing of such appeal shall be adjourned, the Council shall proceed to hear and determine the matter in a summary way, and its determination shall be final and conclusive.

§ 37-17 Special police powers.

The Chief and Assistant are hereby vested with all the powers of special police of the Borough while going to, attending and returning from any fire or alarm of fire and are hereby appointed and constituted special police of the Borough to secure at such times the preservation of the peace and the protection of life and of public and private property. They shall cause the goods and chattels in danger of fire to be carefully removed to some suitable place and take reasonable precautions to prevent them from being damaged or stolen.

§ 37-18 Appointment of special police.

It shall be lawful for the Council at any time to appoint any members of the Fire Police to act as special police of the Borough at other than times of fire, drills and maneuvers, and in the event of such appointment they shall be vested with the powers of regular police for the term of their appointment.

§ 37-19 Dismissal of members; appeals.

Grounds for dismissal. Any members of the Fire Department who shall not perform at least 60% of fire duty, which shall consist of attendance at fires and alarms at fires, drills and monthly meetings of the Department shall not be considered in good standing and shall be dropped from the rolls at the end of each fiscal year and be dismissed from the Fire Department. A willful disregard of this requirement shall render the offenders liable to expulsion from the Fire Department.

Dismissal. It shall be the duty of the Fire Department Chief to furnish the Borough Clerk on or before the first Monday in January of each year a statement showing actual attendance as aforesaid of each member of the Fire Department, with the list of names of such members who have failed to attend as required by this chapter. It shall then be the duty of the Mayor and Council by resolution to request the Fire Department to drop the names of such defaulting members from its rolls and, in default thereof, to provide by resolution for the dismissal of such members from the Department, unless the Chief and his assistants recommend the retention of each member or members for good cause shown.

Appeals. Any person who may be dismissed or expelled by the Department may appeal to the Mayor and Council, which shall fix a time for the hearing of the appeal, giving notice thereof to the Secretary of the Department from which the appeal is taken and the person charged with the violation. At the time designated, the Mayor and Council shall proceed to hear and determine the matter, and such determination shall be final. A person dismissed or expelled from the Fire Department by the Department or the Mayor and Council shall not be eligible for reelection as a member of the Department. Any person filing an appeal from dismissal must file said appeal by certified mail to the Mayor and Council within 15 days of dismissal or as otherwise allowed by law.

§ 37-20 Citizen complaints.

All complaints by citizens against officers or members of the Fire department shall be made to the Mayor and Council in writing. The complainant shall state briefly the grounds of the complaint and the rules and regulations which have been violated. Such complaints shall be heard at a time fixed by the Mayor and Council which shall make such rules and regulations for the hearing as in its discretion and shall best promote the ends of justice. Its determination of the matter shall be final.

§ 37-21 Honorary members.

The Fire Department may provide for a list of honorary members subject to such regulations as the Department may decide.

§ 37-22 Personal equipment.

Notwithstanding the provisions of this chapter or any other ordinance or regulation of the Borough of High Bridge, active members of the Fire Department of the Borough of High Bridge shall be entitled to remove personal equipment from the firehouse from which they respond to calls, provided that such equipment shall be limited to turnout gear only (coats, boots, hat and gloves).

§ 37-23 Compensation.

The Mayor and Council shall, at their first regular meeting in November of each year, order to be paid to the Treasurer of the Fire Department such sum as shall equal $10 per active member in good standing for the previous year according to this chapter. Said amount of $10 each shall be paid by the Treasurer of the Department to the members so entitled.

§ 37-24 Financial responsibility.

The Department is a volunteer Department and as such is expected to raise money for its operations and is expected to remain financially responsible. The Mayor and Council will provide a yearly stipend, as it deems necessary for thorough and efficient fire fighting and fire prevention. The Borough will be responsible for providing an appropriate firehouse, vehicles and equipment.

The Mayor and Council may require the Fire Department to furnish financial records and may request an audit to verify those records. It is the responsibility of the Fire Department to provide for accurate accounting of its finances and to comply with Mayor and Council regarding review of these records.

§ 37-25 Junior firefighters.

Membership. Persons between the ages of 14 and 17 years shall be permitted membership in the Volunteer Fire Department of the Borough of High Bridge by virtue of the establishment herby for each such company within the Borough of High Bridge of a Junior Firefighters Auxiliary pursuant to state law.

Rules and regulations. The rules and regulations governing the Junior Firefighters' Auxiliary of the Borough of High Bridge shall be as follows:

Prior to joining the Junior Firefighters' Auxiliary of the Borough of High Bridge, each applicant for the office of junior firefighter shall have the permission of his parent, parents or guardian, in writing, and acknowledged or witnessed and approved pursuant to law.

All applicants for the office of junior firefighter must present, with their application for membership in the Junior Firefighters' Auxiliary, evidence of a physical examination by a duly licensed physician.

Upon acceptance as a member of the Junior Firefighters Auxiliary, each junior firefighter must attend a fire school recognized by the Fire Department of the Borough of High Bridge.

(4)

In all cases, members of the Junior Firefighters' Auxiliary may answer alarms issued only between the hours of 6:00 a.m. and 10:00 p.m. and no other calls.

(5)

When answering a fire alarm or participating in a fire drill, each junior firefighter shall be required to wear full firefighters' gear, including but not limited to coat, helmet and boots.

(6)

At no time when answering an alarm or drill may a junior firefighter enter a burning or smoke-filled building.

(7)

At no time shall a junior firefighter be permitted to start or drive a fire truck or other fire equipment of the Borough of High Bridge.

(8)

Junior firefighters shall not be permitted to remain at any firehouse in the Borough of High Bridge after the hour of 10:00 p.m. on days when they have school the next day and, in all other cases, shall not be on the premises of any firehouse in the Borough of High Bridge after 11:00 p.m.

(9)

When answering a fire alarm or drill, all fire officers shall be in charge of junior firefighters.

(10)

Any other rules and regulations established by the Fire Department of the Borough of High Bridge or Mayor and Council or state law which do not conflict with this chapter or with any other applicable law shall govern the Junior Firefighters' Auxiliary.

§ 37-26 Criminal history record background checks.

[Added 2-26-2009 by Ord. No. 2009-7]

For purposes of this chapter, a "criminal history record background check" means a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.

The Borough requires that, as a condition of membership with the High Bridge Fire Department, all prospective members shall submit to being fingerprinted in accordance with applicable state, federal, county and local laws, rules and regulations, as a condition membership with the High Bridge Fire Department.

As a further condition of membership with the High Bridge Fire Department, all prospective members shall authorize the Borough, through its duly authorized representative, to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.

In order to obtain criminal history record information pursuant to this chapter and N.J.S.A. 40:48-1.4, the Borough shall submit the fingerprint data for prospective members of the High Bridge Fire Department to the State Bureau of Identification in the Division of State Police. The State Bureau of Identification shall receive all criminal history record information from the Federal Bureau of Investigation and shall disseminate that information to the Borough.

The Borough shall conduct a criminal history record background check of a prospective member of the High Bridge Fire Department only upon receipt of the written authorization and consent to the criminal history background check from the prospective member. A form for the authorization and consent to said background check shall be provided to each prospective member along with the application for membership with the High Bridge Fire Department. Failure to submit a fully signed and witnessed written authorization and consent form shall be grounds to reject an application for membership with the High Bridge Fire Department.

The Borough shall bear the costs associated with conducting criminal history record background checks.

An individual shall be disqualified from serving as a member of the High Bridge Fire Department if that prospective member's criminal history record background check reveals a record of conviction of any of the following crimes and/or offenses:

Conviction of child abuse.

Conviction of sexual assault or contact.