[Adopted 4-4-1967 by Ord. No. 474; readopted 8-1-1967 by Ord. No.
476 (Ch. 41, Art. V, of the 1975 Code)]
[Amended 11-13-1995 by Ord. No. 1063-95]
There is hereby created a Volunteer Fire Department in the Borough
of Edgewater. The purpose of such formation is to protect life and
property from fire, to respond to all fire alarms and to respond to
any other emergency at which their presence is deemed necessary. It
shall be coextensive with the territorial jurisdiction of the Borough
of Edgewater, and it may consist of two companies. The Mayor and Council
may, from time to time by resolution, increase the number of companies
in said Volunteer Fire Department.
[Amended 3-20-1984 by Ord. No. 777-84; 11-13-1995 by Ord. No.
1063-95; 11-8-2010 by Ord. No. 1447-2010]
A.
The membership of each of said volunteer fire companies shall be
not less than 15 nor more than 70 members. Any increase in membership
above the maximum herein provided shall be made only after the Mayor
and Council shall have adopted a resolution providing for such an
increase in membership.
B.
The active firefighter status of any member shall terminate on the
day before such member's 70th birthday, if not terminated sooner,
on which date the member shall be placed on the list of inactive members
or shall be classified as a permanent retiree. As used in this section,
the term "inactive member" shall have that meaning as set forth in
the bylaws of the Edgewater Volunteer Fire Department.
[Amended 2-3-1970 by Ord. No. 512-70; 12-2-1975 by Ord. No.
589-75; 11-13-1995 by Ord. No. 1063-95]
A.
No person shall hereafter become a member of the Volunteer Fire Department
unless, at the time of the member's appointment and confirmation by
the Mayor and Council, the member shall be a resident of or employed
full time by a company located within the Borough of Edgewater for
at least one year, a citizen of the United States, of good moral character,
between the ages of 18 and 55 years and shall have submitted to a
physical examination by a physician and presented to the Mayor and
Council a certificate from said physician certifying as to the member's
physical fitness. Notwithstanding anything to the foregoing, an otherwise
qualified individual who does not meet the residency or employment
qualifications set forth above may be considered for membership if:[1]
B.
In the event that the applicant is an active firefighter, whether
this status was attained while a resident of this municipality or
of any other municipality, or if the applicant has been a member of
a paid, partially paid or volunteer fire department in another municipality
or in another state for at least seven years, the maximum age shall
be 70 years instead of 55 years of age.
[Amended 5-16-2011 by Ord. No. 1455-2011]
(1)
For
all members aged 70 and above, a yearly confidential medical evaluation
shall be required and conducted in accordance with the National Fire
Protection Association standard 1582, Chapter 7.4-7.7, or any successor
standards. Specifically, the following components shall be required:
(a)
A
complete medical history including completion of the occupational
safety and health administration medical respirator questionnaire;
(b)
Physical
examination of all major body systems;
(c)
Blood
and urine tests to determine cholesterol, diabetes, and chemical exposure;
(d)
Audiometric
and vision examination to determine status in relation to the approved
standard;
(e)
Pulmonary
function test to determine status in relation to the approved standard;
and
(f)
A
resting EKG followed by a stress EKG if medically indicated.
(2)
Firefighters
who do not meet the objective standards as described included in their
job description will be offered an opportunity to correct the deficiencies
and be retested or, as an alternative, their designation of active
status will be changed to inactive status.
C.
In the event that the applicant is an active firefighter of any other
municipality within the State of New Jersey, or if the applicant had
been an active member of a fire department in another municipality
within the last two years, within the State of New Jersey, the one-year
residency requirement shall be waived.
D.
A schedule giving the name, date of admission and place of residence
of each member, signed by the Chief of the Fire Department, shall
be filed with Secretary of the Fire Department.
[Amended 11-13-1995 by Ord. No. 1063-95]
Every person seeking to join the Volunteer Fire Department shall
make application to the company which the prospective member decides
to join, and after approval of such application by the Chief of the
Fire Department and confirmation by the Mayor and Council, the applicant
shall become a member of the Volunteer Fire Department.
[Amended 11-13-1995 by Ord. No. 1063-95]
The Chief of the Fire Department shall present to the Mayor
and Council at a Council meeting the name of each person seeking membership
in the Volunteer Fire Department during the month preceding such meeting,
setting forth the age and place of residence of such person. If the
Mayor and Council shall thereupon by resolution approve of the application,
the applicant's name shall be entered upon the register to be kept
for that purpose by the Borough Clerk and to be known as the "Register
of the Volunteer Fire Department of the Borough of Edgewater," which
book shall contain the name of the member, the place of residence
and the date of the member's admission to the Volunteer Fire Department.
Upon such approval, a certificate signed by the Mayor and attested
by the Borough Clerk shall be issued to each person whose name shall
be so registered, stating that such person is a duly qualified member
of the Volunteer Fire Department of the Borough of Edgewater.
[Amended 11-13-1995 by Ord. No. 1063-95]
Any applicant who has been rejected by the company to which
the applicant has made application may appeal to the Mayor and Council
within 30 days after such rejection, by filing with the Borough Clerk
a written statement setting forth the grounds upon which the applicant
believes the application has been unfairly dealt with and such other
facts that may be proper and pertinent to the issue. The Mayor and
Council shall inform the applicant and all interested persons of the
date set for a hearing. At the hearing, the Mayor and Council, after
considering all relevant proof offered by the applicant and by any
other person that the Mayor and Council shall request or permit to
testify, shall determine whether or not the applicant shall be admitted
to membership, and its decision shall be final.
[Amended 11-13-1995 by Ord. No. 1063-95]
Whenever any body of citizens shall organize a company for fire
services as provided herein, shall make application in writing to
the Mayor and Council to be admitted to membership in the Volunteer
Fire Department and shall file with the Borough Clerk a list giving
the names of the proposed officers and members of said company, with
the age, place of residence and date of admission of each member,
certified by the Secretary thereof, the Mayor and Council may, by
resolution, approve such application and accept the services of said
company. Said officers and members of said company shall thereupon
become members of said Volunteer Fire Department and shall have their
names entered upon the register to be kept as directed above, and
a certificate shall be issued to each person so registered.
[Amended 11-13-1995 by Ord. No. 1063-95]
Any member of the Volunteer Fire Department shall have the right
to request and obtain a special leave of absence from the Chief of
the Fire Department, which leave of absence shall be approved by a
majority of the member's company. This leave of absence may be renewed,
from time to time, in the same manner as set forth above. This section
shall not apply to those members serving in the Armed Forces of the
United States.
[Amended 12-15-1981 by Ord. No. 711-81; 11-13-1995 by Ord. No.
1063-95]
The members of the Volunteer Fire Department shall receive an
annual payment as set forth by resolution of the Borough of Edgewater,
which sum shall be paid to such members as shall be entitled, on the
first day of December in each year, to cover any losses that may incur
in attending fires, as set forth hereafter; provided, however, that
no member of the Volunteer Fire Department shall be entitled to receive
such sum unless the member shall have been a member in good standing
for four months prior to the first day of December in each year and
unless the member has performed at least 48 points of the service
requirements as shall be defined by the rules and regulations of the
Volunteer Fire Department, which rules and regulations must be approved
by the Mayor and Council before they shall become effective.
[Amended 2-3-1970 by Ord. No. 512-70; 11-23-1976 by Ord. No.
603-76; 12-15-1981 by Ord. No. 711-81; 10-8-1985 by Ord. No.
826-85]
A.
The Edgewater Volunteer Fire Department shall elect a Chief, who
shall be elected by the members in good standing of all companies
at an election to be held at the last meeting of each calendar year.
No person shall be eligible to be elected to the office of Chief of
the Volunteer Fire Department unless such member has served as Deputy
Chief for one year, or served as Captain for at least two years, or
has previously served as Chief.
B.
The Edgewater Volunteer Fire Department shall elect a Deputy Chief,
who shall be elected by the members in good standing of all companies
at an election to be held at the last meeting of such calendar year.
No person shall be eligible to serve as Deputy Chief of the Volunteer
Fire Department unless such member has served as Captain for at least
one year.
C.
Each Volunteer Fire Company shall have one Fire Captain. No person
shall be eligible to serve as Captain of the Volunteer Fire Department
unless a member has served as Lieutenant for at least two years or
previously served as Captain.
D.
Each Volunteer Fire Company shall have four Fire Lieutenants. To
be eligible to serve as Lieutenant, a member must have been a member
of the Edgewater Volunteer Fire Department for at least two years.
E.
Officers shall be elected by the members in good standing of each
company at an election to be held at the last meeting of the calendar
year. These officers shall hold office for one year or until their
successors are elected and qualified.
F.
Each elected officer of the Volunteer Fire Department shall become
qualified to assume the duties of their office immediately upon approval
of the member's election by the Mayor and Council. In the event that
the Mayor and Council shall for any reason fail to confirm the election
of the Fire Chief, Deputy Chief, Captain or Lieutenants, the Mayor
and Council shall appoint an individual to hold office until such
officers are elected by the companies and confirmed by the Mayor and
Council.
[Amended 11-13-1995 by Ord. No. 1063-95[1]]
Each company shall have the power to adopt such constitution
and bylaws for its government and management as shall not be inconsistent
with the laws of the United States, the State of New Jersey or the
Borough of Edgewater or with the rules and regulations which may be
adopted or approved by the Mayor and Council. The constitution and
bylaws of each company shall be uniform with those of every other
company of the Volunteer Fire Department so far as they relate to
fines for nonattendance at fires and drills and for any special orders
made by the Chief of the Fire Department, Deputy Chief of the Fire
Department, Fire Captains or Fire Lieutenants, within the scope of
their authority. The constitution and bylaws of any company shall
not become effective until they have been submitted to and approved
by the Chief of the Fire Department and the Mayor and Council. The
approval of the bylaws of the Volunteer Fire Department by the Mayor
and Council shall be done by ordinance. Upon adoption of the bylaws
by ordinance, the bylaws shall be effective and shall operate as the
rules and regulations of the Volunteer Fire Department, and the same
shall be binding upon each officer and member of the Department.
[Amended 11-13-1995 by Ord. No. 1063-95]
A.
The Chief of the Volunteer Fire Department of the Borough of Edgewater
shall exercise command over all members of the Fire Department of
the Borough of Edgewater and shall have responsibility for their discipline,
training and efficiency.
B.
The Deputy Chief of the Volunteer Fire Department of the Borough
of Edgewater shall be subordinate to the Chief and shall assume command
of all members in the absence of the Chief.
[Amended 12-15-1981 by Ord. No. 711-81; 4-2-1985 by Ord. No.
809-85; 4-16-1985 by Ord. No. 811-85; 11-13-1995 by Ord. No.
1063-95]
A.
The chain of command of the Fire Department of the Borough of Edgewater
shall be Chief of the Fire Department, Deputy Chief, Senior Captain,
Junior Captain, First Lieutenant, Second Lieutenant, Third Lieutenant,
Fourth Lieutenant, Past Chief by number of times as Chief and Senior
member by number of years of service.
B.
It shall be the duty of every member to attend and, under the direction
of the superior officers, to endeavor to save life and property at
every fire alarm, when ordered by the Chief of the Fire Department
or the person acting in the Chief's capacity, whether said fire alarm
is within or without the Borough of Edgewater; to answer in person
all fire alarms and work requirements and manage the same under the
orders of the Chief of the Fire Department or other superior officer;
and to report for duty or practice or parade whenever ordered by the
member's superior officer.
[Amended 10-16-1979 by Ord. No. 656-79; 11-13-1995 by Ord. No.
1063-95]
Except in the case of fire-related or other emergency or in
the ordinary course of duty within the East Bergen Mutual Aid Area,
no apparatus belonging to the Fire Department of the Borough of Edgewater
shall be taken out of the Borough limits by any member without the
approval of the Mayor and Council and the consent of the Chief of
the Volunteer Fire Department. In the event that such approval is
given, any equipment so removed from the Borough shall be returned
immediately in the case of an alarm or fire within the Borough and,
in all other cases, immediately after the occasion for its absence
shall have ended.
[Amended 11-13-1995 by Ord. No. 1063-95]
For any minor breach of the rules and regulations of the Volunteer
Fire Department, which breach does not involve the direct disobedience
of a superior's order, the member may be fined or otherwise disciplined
as the member's company shall determine. For any major breach of the
rules and regulations of the Volunteer Fire Department by a member
of said Department or for the direct disobedience of a superior's
order, the Captain, or officer acting in that capacity, of the company
to which the member belongs or the Chief of the Fire Department may
temporarily suspend the member from duty pending a hearing upon the
charges before the Mayor and Council. The Captain, or other officer
acting in that capacity, of the company to which the member belongs
shall make a written complaint, a copy of which shall be personally
served upon the member, to the Chief of the Fire Department, who shall
thereupon, after examining said complaint, forward the same to the
Mayor and Council indicating the member's remarks thereon. Thereupon
the Mayor and Council, after giving reasonable notice to the member,
shall conduct a hearing with respect to said complaint and, if the
charges contained therein are sustained, the Mayor and Council may
suspend or expel said person from the Volunteer Fire Department.
[Amended 11-13-1995 by Ord. No. 1063-95]
It shall be the duty of each Volunteer Fire Captain to submit
a monthly report to the Chief of the Fire Department, showing the
condition of such officer's company and of any apparatus or equipment
being used by said company and any other matters concerning said company
which such officer may deem necessary. The Chief of the Fire Department
shall thereupon forward copies of said report to the Mayor and Council,
indicating thereon any recommendations relating to the company.
[Added 9-8-1976 by Ord. No. 598-76]
In the event of the death of any active member of the Edgewater
Volunteer Fire Department who is not entitled to, and who has previously
waived, the benefits, including the death benefit, of the New Jersey
State Fireman's Association, the widow or next of kin as designated
by the active volunteer fireman shall be entitled to receive from
the Borough of Edgewater an amount equal to that amount provided by
the New Jersey State Fireman's Association at the date of the demise
of said active volunteer fireman of the Edgewater Volunteer Fire Department.
[Added 3-20-1984 by Ord. No. 777-84]
A.
The Borough shall provide a policy of life insurance in the amount
of $15,000 for every active member of the Edgewater Volunteer Fire
Department, with a maximum amount as set forth in N.J.S.A. 40A:14-37.
[Amended 9-20-2010 by Ord. No. 1439-2010]
B.
The Borough shall continue to provide a policy of life insurance
in the amount of $10,000 for every member of the Edgewater Volunteer
Fire Department on inactive status or permanently retired, provided
that said member had previously been an active member of the Department
for a period of at least 10 years.
