Membership in the Fire Department shall be open to all persons
who are able to perform the duties of volunteer firemen and emergency
squad members, respectively, without discrimination on the basis of
an applicant's race, creed, color, sex, age, national origin, ancestry,
marital status or physical handicap. Each company and squad shall
establish objective qualifications for membership which shall relate
directly and solely to the physical and technical ability and character
fitness of an applicant to perform the vocational duties of a volunteer
fireman or emergency squad member. Such qualifications shall include
but not be limited to the following:
A. Any candidate for fireman who is a citizen of the United States between
the ages of 18 and 40, both inclusive, upon presentation of proof
of having passed a physical examination, the cost of which shall be
borne by the applicant, shall be eligible for membership, provided
that the candidate is and has been a resident of the Borough for at
least one year prior to appointment. However, the one-year residency
requirements shall not apply in the case of a qualified fireman in
another New Jersey municipality at the time of his removal from such
other municipality to the Borough; nor shall said residency requirement
apply to a former resident of the Borough who had been a member in
good standing of any Wallington volunteer fire company or emergency
squad during the period of such former residence in the Borough who
again takes up residence in the Borough.
B. Each new member or transferee admitted to membership in a Borough
fire company or emergency squad shall be on probation for a period
of one year from the date of such membership. During such one-year
probationary period, all such new members and transferees must successfully
complete a course in basic firematics at an accredited fire-training
school. During such period and at the conclusion thereof, each probationary
member shall be evaluated solely by the officers of the company or
squad who supervise the performance of the probationer's duties. Said
officers may cause the dismissal of any member during the probationary
period only for failure to perform the established duties of a probationary
member in a reasonably satisfactory manner or other good cause and
may do so by notifying the probationary member, in writing, of a rejection
and the particular reasons therefor. At the end of the probationary
period, said supervising officers shall determine whether or not the
applicant has satisfactorily performed the duties of probationary
member. If the probationer has, they shall promptly recommend to the
membership admittance to full membership, and their recommendation
shall be binding on the company and he shall be so admitted forthwith.
If the probationer has not, they shall promptly notify the probationary
member, in writing, of the rejection and the particular reasons therefor.
No vote of the membership shall be conducted on the issue of whether
any probationary member shall continue as a probationary member or
shall be admitted to full membership. The individual company or squad
may, however, in its discretion, provide intracompany means for appealing
rejections from applications for membership or dismissals from membership.
For failure to perform duties as outlined in this article or
upon presentation to the Fire Commissioner of a petition signed by
1/2 of the members of the Department, a Department officer shall be
suspended. Within 10 days of the presentation of said petition, the
Fire Committee of the Borough Council shall hold a hearing after providing
the officer with notice of the meeting and a copy of written charges
against him. The evidence presented at such hearing shall be stenographically
reported by a certified stenographic reporter. Within seven days of
the hearing, the Committee shall render a decision by a majority vote
for removal or reinstatement. Thereafter, an aggrieved party may appeal
to the Mayor and Council. Such appeal must be filed with the Borough
Clerk within 14 days of the Committee's decision. Within 10 days after
the filing of the appeal, the Mayor and Council, upon giving notice
to the officer and the companies, shall meet and hold a trial de novo
on the record of the Fire Committee's hearing. Within seven days after
such hearing is concluded, the Mayor and Council shall render a decision
either affirming or denying the Committee's decision or remanding
to the Fire Committee the taking of further evidence.
It shall be the duty of each company Captain, under the direction
of the Chief, to keep a record of all alarms and fires and circumstances
and damages connected with the same and of any service rendered by
their respective companies. In the absence of the Captain, the Lieutenant
shall assume his duties.
It shall be the duty of each and every fireman to respond to a call of fire and endeavor to save life and property under the direction of his superior officers. Neglect on the part of any member or officer to reasonably perform the duties required of him shall make him or them subject to removal from membership by his respective company, with the exception of the Department officers, whose removal shall be governed by §
49-6. Any member whose removal is being acted upon shall be granted an opportunity to be heard before a company committee.
The companies and squads of the Department shall make such rules
and regulations to discipline their members for infractions of rules
or failure to comply with their requirements as they deem necessary.
The management of the Fire Department and lands, buildings,
property and apparatus assigned to the use of the Department and management
and direction of the officers appointed or delegated to duty therein
shall be in the Mayor and Council. No apparatus under the control
of the Fire Department shall be taken outside of the Borough limits
for parades, expositions or like civic functions unless authorized
by the Fire Commissioner and thereafter approved by the Mayor and
Council.
There shall be an annual inspection of the entire Department,
members and equipment on the Saturday of Fire Prevention Week in the
month of October of each year and at such other times as may be fixed
by resolution of the Mayor and Council.
No motor apparatus which is a part of the equipment of the Fire Department shall be driven except by such drivers as may be designated by the companies' Captains, subject to the approval of the Chief of the Department and confirmed by the Mayor and Council. The Captain shall appoint, with the approval of the Chief, 10 drivers for each company, who shall hold their positions for the term of one year in the manner provided in §
49-4F for officers of the Department. In the absence of an appointed driver in an emergency situation, an alternate driver may take over until such time as an appointed driver shall arrive on the scene.
The Captains shall appoint for and from each company two Fire Marshals, subject to the approval of the Chief of the Department. The Fire Marshals shall hold office for the terms of one year in the manner provided in §
49-4F for other officers of the Department. The Fire Marshals shall direct traffic and keep unauthorized personnel from interfering with the firefighting of the Department and out of danger at the scene of a fire.
All firemen shall perform at least 60% fire duty, which duty
shall consist of attendance at fires, firehouse duties, Department
meetings and such other duties as may be properly assigned to them
by company and departmental officers. The secretary of each company
or squad will keep records of attendance and will determine what action
is to be taken in the event that the attendance of a member falls
below said percentage.
[Amended 4-8-1993 by Ord. No. 93-8; 6-26-2008 by Ord. No. 2008-04]
There shall be no automatic retirement from active service based upon age. The removal of all firemen regardless of age shall be governed by §
49-8.