[Amended 12-16-2009 by Ord. No. 33-2009; 8-21-2013 by Ord. No.
15-2013; 2-6-2019 by Ord. No. 5-2019]
The Pemberton Township Fire and Emergency Services Department (hereinafter "Fire Department") has been established in Chapter
3 of the Pemberton Township Code. The mission of the Fire Department shall be the preservation of life and protection of property from loss by fire or any other man-made or natural disaster which may occur in the Township of Pemberton and vicinity, and to provide emergency medical services. The Fire Department is authorized to perform the following operations and activities:
A. The Fire Department is authorized to provide fire, rescue, emergency
medical services, and other related services within Pemberton Township
and vicinity as may be necessary for the protection of persons and
property situated therein. These services may include, but are not
limited to, extinguishing fires and preventing or reducing the loss
of life, injury to persons or damage to property from fires; emergency
response and rescue at traffic accidents and building collapses; emergency
response involving hazardous materials; fire prevention and other
public education programs; providing support for extended emergency
operations; and providing other assistance as requested during other
dangerous situations.
B. The Fire Department may also conduct and participate in training
activities that are deemed necessary by the Fire Chief or his/her
designee to maintain proficiency in providing service.
C. The Fire Department may also respond to calls to provide service
to jurisdictions outside of this municipality as required by county
and state mutual-aid regulations that are approved by the Mayor.
D. The Fire Department may also conduct regular and special meetings,
work details, maintenance activities, and public education programs.
E. The Fire Department may also participate in other activities as may
be approved by the Fire Director or the Fire Chief.
[Amended 12-16-2009 by Ord. No. 33-2009; 8-21-2013 by Ord. No.
15-2013]
The Fire Department shall consist of the following volunteer
personnel:
B. One Assistant Fire Chief;
D. Not more than four Battalion Chiefs pursuant to §
25-14C;
E. Not more than four Fire Captains pursuant to §
25-14D;
H. Not more than eight Fire Lieutenants pursuant to §
25-14E;
I. Not more than six Fire Police Lieutenants;
J. Not more than two EMS Lieutenants;
K. The active firefighter members of the recognized Pemberton Volunteer
Fire Company;
L. The Fire Police members of the recognized Pemberton Volunteer Fire
Company;
M. The Junior Firemen's Auxiliary members of the recognized Volunteer
Fire Company;
N. Active emergency medical technician members of the recognized Pemberton
Volunteer Fire Company;
O. Such other classes of members within and recognized by the Volunteer
Fire Company with the approval of the Director of the Fire Department.
The Fire Department shall be headed by a Department Director
in accordance with the provisions of the Faulkner Act, in particular,
N.J.S.A. 40:69A-43(b). Unless a different Director is appointed by
the Mayor, with the advice and consent of the Township Council, the
Business Administrator shall serve as Director of the Fire Department.
The Director shall serve during the term of office of the Mayor appointing
him and until the appointment and qualification of his successor.
[Amended 12-16-2009 by Ord. No. 33-2009; 8-21-2013 by Ord. No.
15-2013]
A. There shall be one volunteer fire and emergency medical services
company in the Township of Pemberton which shall be called the "Pemberton
Volunteer Fire and Emergency Services Company" (hereinafter "Volunteer
Fire Company") and which shall extinguish fires and provide other
emergency services, including but not limited to emergency medical
services, in Pemberton Township. As a condition of being recognized
as the official municipal fire company, the Volunteer Fire Company
shall enter into a contract with Pemberton Township.
B. The contract between Pemberton Township and the Volunteer Fire Company
shall, among other terms and conditions deemed proper, require the
Volunteer Fire Company to acknowledge and agree that the members of
the organization are under the supervision and control of the Township
in accordance with this chapter and the rules and regulations and
policies and procedures adopted by the Director of the Fire Department.
C. Notwithstanding Subsections
A and
B of this section, the Volunteer Fire Company organization shall have the widest latitude in the management of its building(s) and in the conduct of its internal affairs, consistent with the purpose for which it was organized and maintained, but not inconsistent with this chapter and the rules and regulations and policies and procedures adopted by the Director. This section shall not preclude the Fire Department from obtaining assistance outside of the contract with the Volunteer Fire Company to accomplish its mission.
D. Internal management. The constitution and bylaws of the Volunteer
Fire Company shall conform to the provisions of this chapter. The
Volunteer Fire Company may adopt or amend bylaws, provided that the
bylaw does not conflict with this chapter, and any rule or regulation
or policy or procedure adopted by the Director. By way of example,
active firefighters, fire police and emergency medical technicians
shall not be suspended or terminated without the approval of the Director.
Every new or amended bylaw of the Volunteer Fire Company must be reviewed
and approved by the Director.
E. Elections. Volunteer Fire Company elections shall be held in the
fourth quarter of the calendar year, but not later than November 30.
The term of each elected officer shall commence on January 1 each
year.
F. Oath. Every Fire Department officer and every officer elected by
the Volunteer Fire Company shall take and subscribe to an oath or
affirmation setting forth that the officer possesses the qualifications
for service. The oath or affirmation shall be taken before the Mayor
or Municipal Clerk of Pemberton Township or any other person authorized
by law to administer oaths and affirmations.
G. Financial statements. The fiscal year of the Volunteer Fire Company
shall be the calendar year, unless otherwise approved by the Director.
An annual financial statement covering the prior fiscal year, bearing
the signatures of the President and Treasurer and attested by the
Secretary, shall be provided to the Fire Chief by each organization
under its seal and shall show in detail the sources of all receipts
and the purposes of all disbursements made from funds received from
Pemberton Township. Financial statements shall be submitted to the
Fire Chief in time to be transmitted by him or her as part of the
Fire Chief's annual report to the Director. An audit may be requested
by and at the discretion of the Business Administrator or Chief Financial
Officer. The Volunteer Fire Company may also be required by the Business
Administrator or Chief Financial Officer to show details concerning
the sources and expenditures of funds received from persons and entities
other than Pemberton Township.
[Amended 12-16-2009 by Ord. No. 33-2009; 2-20-2013 by Ord. No.
3-2013; 8-21-2013 by Ord. No. 15-2013; 10-23-2013 by Ord. No. 18-2013; 3-2-2016 by Ord. No. 1-2016]
A. Qualifications for membership as a member of the Pemberton Township
Volunteer Fire Department.
(1) No person shall be appointed as an active member, including firefighter,
fire police officer, or emergency medical technician, of the Fire
Department unless he or she:
(a)
Is a citizen of the United States;
(b)
Is not less than 18 years of age;
(c)
Is a resident of the State of New Jersey for not less than 90
days preceding the date of application;
(d)
Is sound in body and of good health sufficient to perform the
functions and responsibilities of a firefighter, fire police officer,
or emergency medical technician in accordance with the job/duties
description approved by the Director;
(e)
Has a high school diploma or an equivalency certificate and
is able to read, write and speak the English language well and intelligently;
(f)
Has not been removed or resigned under duress of removal as
a member of any volunteer fire company organization or first aid organization
inside or outside Pemberton Township within the preceding 48 months,
unless this provision is otherwise waived for cause in the sole discretion
of the Director;
(g)
Is of good moral character as defined by the "Manual for Supervision
of the Pemberton Township Fire Department";
(h)
Has completed an application under oath or affirmation on a
form approved by the Director;
(i)
Has not have been convicted of any criminal offense involving
moral turpitude, or any criminal offense involving a violation of
N.J.S.A. 2C:17-1 (arson and related offenses), N.J.S.A. 2C:33-3 (false
public alarms), N.J.S.A. 2C:35-1, et seq. (Comprehensive Drug Reform
Act of 1987), or N.J.S.A. 2C:36-1 (drug paraphernalia); and
(j)
Has, at the time of application, a driver's license valid
in New Jersey, which driver's license shall be maintained at
all times during membership. Current active firefighters and fire
police officers who do not have, as of the effective date of this
section, a driver's license valid in New Jersey shall be exempt
from this requirement.
(2) For the purposes of this section, each applicant shall submit to
the Fire Chief the applicant's name, address, fingerprints and
written consent for a criminal history record background check to
be performed. The Director is authorized 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 consistent with applicable state and federal
laws, rules and regulations.
(3) Membership shall not be denied because of an applicant's race,
creed, color, sex, national origin, ancestry, marital status, age
or physical handicap.
B. Probationary period for members of the Pemberton Township Volunteer
Fire Department.
(1) Every newly approved member of the Volunteer Fire Company that is
subject to this section shall be required to satisfactorily complete
a six-month probationary period in accordance with the rules and policies
adopted by the Director in the "Manual for Supervision of the Pemberton
Township Fire Department."
(2) The initial six-month probationary period may be extended for an
additional six months by either the probationary member's Battalion
Chief or by the Fire Chief.
[Amended 8-21-2013 by Ord. No. 15-2013]
The Volunteer Fire Company that is subject to this chapter may
have such other classes of members as may be prescribed in the company's
bylaws, including but not limited to contributing members and adult
auxiliary members.
The Director shall prescribe rules and procedures permitting
the reinstatement of any member of the Fire Department who terminates
his or her residence but who resumes residence not more than six months
later.
[Amended 8-21-2013 by Ord. No. 15-2013]
A. Creation of Junior Firemen's Auxiliary. The Volunteer Fire Company
may establish a Junior Firemen's Auxiliary, whose members shall
not be required to perform duties which would expose them to the same
degree of hazard as an active member.
B. Rules and regulations. Each member of the Junior Firemen's Auxiliary
shall be governed by the following rules and regulations:
(1) A junior member shall be not less than 16 nor more than 18 years
of age and shall reapply for membership in the Volunteer Fire Company
upon aging out of junior status.
(2) A junior member shall wear full turnout gear while riding apparatus
and performing emergency services duties.
(3) At no time during an emergency shall a junior member enter a burning
structure or be exposed to any other form of hazard.
(4) A junior member may deliver such items as hand lights, exhaust fans,
axes and pike poles, and supplies from fire apparatus to the active
members performing emergency services, but only to those active members
outside the structure or hazard area.
(5) At the scene of a fire or other emergency, a junior member may roll
hose and help repack hose onto the fire apparatus.
(6) Once a fire has been extinguished, a junior member may, upon instruction
of and at the direction of a chief officer, assist with interior rehabilitation
operations.
(7) Under the instruction and at the direction of an officer, a junior
member during drills may perform certain duties such as holding water
lines, ladder work, practice rescue work and engine/pumper operations.
(8) A junior member shall assist in keeping the apparatus, emergency
services buildings and grounds clean and also shall assist in all
organization activities.
C. Parental consent. Each junior member candidate shall obtain written
permission to join the Junior Firemen's Auxiliary from his or
her parents or legally appointed guardians. The written permission
shall be acknowledged or proved in the manner required by law for
deeds to real estate to be recorded. A copy of these rules and regulations
and any additional rules and regulations imposed by the Volunteer
Fire Company or Fire Department shall be provided to the parents or
guardians and shall be signed by same as part of the application process.
Upon a parent or guardian's withdrawal of consent, a junior member
will cease to be a member of the Junior Firemen's Auxiliary.
The company titles "Assistant Chief" and "Deputy Chief" shall be the equivalent of "Company Chief," "Battalion Fire Chief," and "chief fire officer" for purposes of determining qualification for appointment as Fire Chief, Assistant Fire Chief, Deputy Fire Chief, and Battalion Fire Chief as set forth in §§
25-13,
25-14,
25-15, and 25-16.
[Amended 12-16-2009 by Ord. No. 33-2009]
Each volunteer fire company organization that is governed by
this chapter shall adopt disciplinary procedures consistent with those
found in the Rules and Regulations.