[HISTORY: Adopted by the Mayor and Council
of the Borough of Essex Fells as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-24-1949 by Ord. No. 237 (Ch.
2.24 of the 1992 Code); amended in its entirety 4-20-2010 by Ord. No.
2010-885[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
II, Junior Auxiliary, adopted 12-18-2007 by Ord. No. 2007-841.
There is established in the Borough a Fire Department, to exist
at the pleasure of and function under the supervision of the Borough
Council. The Department shall comprise the volunteer fire company
now existing and such other volunteer companies as may be established
from time to time, and in addition thereto such salaried employees
as are now or may hereafter be provided by ordinance.
The company shall consist of a maximum of 50 volunteer firemen,
all of whom shall be elected at the time and in a manner provided
in the regulations mentioned in this chapter. Apprenticeship and membership
in the fire company shall not become effective until confirmed by
resolution of the Borough Council.
[Amended 3-15-2016 by Ord. No. 2016-969]
Pursuant to the bylaws of the Fire Department, the Borough Council
shall appoint a Chief with qualifications set forth by the State of
New Jersey and the bylaws of the Fire Department. The Chief shall
be a member of the Fire Department and shall be a person ordinarily
available for service during the daytime as well as at night. The
Chief shall serve a term of two years.
The duties, power and authorities of the Chief, Assistant Chief,
Captain, Lieutenants and drivers shall be such as are specified in
the bylaws of the Department.
A.
Membership in the Essex Fells Volunteer Fire Department shall be
open to all persons who either work or reside within the Borough or
an adjacent town, who have not been convicted of a fourth degree crime
or higher as defined by the New Jersey Criminal Code and who are physically
fit to perform the duties of a firefighter evidenced by certificate
to that effect issued by a licensed physician of the State of New
Jersey determining physical and mental qualifications to become a
firefighter. The Department shall have the right to require an applicant
to submit to a medical examination to determine physical and mental
fitness. Any person applying for membership who is currently in good
standing of another fire department in the State of New Jersey shall
need to be a resident or employee within the Borough or adjacent towns.
B.
Any regular active member in good standing of the Essex Fells Volunteer
Fire Department, upon moving from the Borough, may retain his/her
membership privileges, provided that person maintains required percentages
of training and duty.
C.
All members of the Department shall serve a probationary period for
six months. During this period and the conclusion thereof, each probationary
member shall be evaluated solely by the officers of the Department
who supervise him or her in performance of his or her duties. They
may cause the dismissal of any member during their 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 his
or her rejection and the 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 a probationary
member. If they have, they shall promptly recommend to the membership
that he or she be admitted to full membership, and their recommendations
shall be binding on the Department and he or she shall be so admitted
forthwith. If they have not, they shall promptly notify the probationary
member, in writing, of his or her 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.
Any member may be suspended or terminated for violation of the
ordinances. Additionally, any member may be suspended or terminated
for the violations of respective company bylaws, or company or Department
policy upon recommendation and advice of the Chief and officers of
the Department. All suspensions and terminations shall be reported
in writing to the Department Chief. Member appeals of terminations
may be brought to the Borough Council for determination.
A.
There is hereby established an auxiliary to the Essex Fells Fire
Department to be known as the Junior Firemen's Auxiliary, which
shall operate under and pursuant to N.J.S.A. 40A:14-95 et seq. The
Chief or his/her designee shall be responsible for the direction and
control of the auxiliary established within his/her company.
B.
Any resident of the Borough of Essex Fells between 16 and 18 years
of age shall be eligible for membership in the Junior Firemen's
Auxiliary. No individual shall become a member of the Junior Firemen's
Auxiliary unless permission shall be obtained from such individual's
parent or legal guardian. Such permission shall be in writing and
acknowledged or proved in the manner required by law for deeds to
real estate to be recorded. The original written permission shall
be retained by the Borough Clerk with a copy of the same to be forwarded
by the Clerk to the Fire Department Chief.
C.
Members of the Junior Firemen's Auxiliary shall be provided
with the same insurance coverage as provided for the regular volunteer
firemen in the Essex Fells Fire Department.
D.
The Borough Council hereinafter establishes the following rules and
regulations designed to provide for the training of the Auxiliary
for eventual membership in the Essex Fells Fire Department and to
govern the activities of the Auxiliary:
(1)
No junior fireman shall be required to perform duties which would
expose the junior fireman to the same degree of hazard as a regular
member of the Essex Fells Fire Department.
(2)
No junior fireman shall be permitted to engage in firefighting or
be in the immediate vicinity of a hazardous condition involving the
handling of dangerous or poisonous acids or dyes or injurious quantities
of toxic or noxious dust, gases, vapors and fumes.
(3)
A junior fireman shall be on probation until the age of 18 years
and may be expelled from the Auxiliary for just cause.
(4)
A junior fireman shall comply with the constitution and bylaws of
the Essex Fells Fire Department as well as any bylaws established
by the Auxiliary itself.
(5)
A junior fireman shall obey the commands of the Fire Chief or any
other officer of the Essex Fells Fire Department in charge of a drill
or other Department activity.
(6)
Training shall include instruction concerning industrial fire systems;
breathing apparatus; municipal water systems, hydrants and alternate
water sources; care, testing and handling of fire hoses; types and
uses of hand-held fire extinguishers; procedures for handling alarms;
radio procedures; care, cleaning and basic maintenance of apparatus;
preparation of knots for hoisting equipment; safety measures for riding
on apparatus; use of personal safety equipment and hand tools; theory
of pumps and hydraulic fire systems and the use of ladders, including
their care and testing. Actual use of the equipment shall be encouraged
whenever it shall be deemed advisable by the Essex Fells Fire Department,
provided that a junior fireman shall not be exposed to any danger;
adequate supervision shall be provided and all possible safety precautions
shall have been taken.
(7)
Junior Firemen may apply for an adult class of membership, upon achieving
the age of 18 years, by completing the appropriate application forms
in accordance with Fire Department procedures.
(8)
Subject to the approval of the Borough Council, these rules and regulations
may be supplemented by the Essex Fells Fire Department.
[Adopted 6-15-2010 by Ord. No. 2010-887]
The following Mutual Assistance Agreement for Supplemental Fire
Assistance among all the municipal corporations in the County of Essex
be and is hereby ratified and approved, and the Mayor and Borough
Clerk be and are hereby authorized and directed to execute said agreement
and cause certified copies of the article, upon its adoption, to be
distributed to the other municipalities in Essex County.
A.
This agreement is made and entered into by and among the Township
of Belleville, Township of Bloomfield, Township of the Borough of
Caldwell, Township of Cedar Grove, City of East Orange, Borough of
Essex Fells, Township of Fairfield, Township of Irvington, Township
of Livingston, Township of Maplewood, Township of Millburn, Township
of Montclair, City of Newark, Township of North Caldwell, Township
of Nutley, City of Orange, Borough of Roseland, Township of South
Orange, Township of Verona, Township of West Caldwell, and Township
of West Orange, all municipal corporations of the State of New Jersey
and being all the municipal corporations situated in the County of
Essex;
B.
Whereas, the parties hereto are geographically located in proximity
to each other; and
C.
Whereas, it is to the mutual advantage and benefit of the parties
hereto that each of the other parties agree to render supplemental
fire assistance in the event of an emergency, disaster or widespread
conflagration or where it appears that an emergency, disaster, or
widespread conflagration may develop, which may be beyond the control
of a single party and therefore requires the assistance of one or
more of the other parties hereto; and
D.
Whereas, municipal corporations of the State of New Jersey are authorized,
under N.J.S.A. 40A:14-156.1 to 40A:14-156.4 to provide fire assistance
outside the normal territorial jurisdiction of the municipality;
E.
Now, therefore, in consideration of their mutual covenants, the parties
hereto agree as follows:
(1)
For the purpose of facilitating the provision of assistance pursuant
to this agreement, the municipal corporations which are parties hereto
shall agree to utilize the Level 1, 2, 3 System of response for mutual
aid.
(2)
In the event of an emergency, disaster or widespread conflagration
which is beyond the capacity and facilities of any one of the parties
hereto, the other parties agree to furnish, upon request, fire assistance
in coping with such emergency, disaster or widespread conflagration
to the party requesting such assistance. The assistance requested
may be upon an actual or standby basis.
(3)
The extent of assistance to be furnished under this agreement shall
be determined solely by the municipal party furnishing such assistance,
and it is understood that the assistance so furnished may be discontinued
at the sole discretion of the furnishing party. Prior notification
shall be made to the Incident Commander.
(4)
Fire officers who shall be commanded by their superior officer to
perform fire duties outside the territorial limits of the municipality
which regularly employs such officers shall be under the direction
and authority of the local commanding officers of the municipality
to which they are called to perform such fire duties, and they shall
have the same powers, authority and immunities as have the members
of the fire department of the municipality in which such assistance
is being rendered.
(5)
All personnel furnished shall work, to the greatest extent possible,
under their own supervisory personnel, and equipment furnished will
ordinarily be operated by personnel of the party furnishing the equipment.
(6)
It is mutually agreed and understood that the provisions of the agreement
shall be invoked only when, in the opinion of the Incident Commander,
Fire Chief, Fire Commissioner, or other person or persons in charge
of fire or public safety of the party requesting assistance, it is
deemed necessary to request outside assistance because all of the
normal facilities at their command have been exhausted and outside
assistance is needed to control and suppress an emergency, disaster
or widespread conflagration.
(7)
It is further agreed and understood that whenever, in the opinion
of the Incident Commander, Mayor, Fire Chief, Fire Commissioner or
other person or persons in charge of fire or public safety of any
party, it is deemed necessary to request outside assistance, request
shall first be made upon those parties which are within the level
of the party requesting assistance. If sufficient assistance is available
from those parties within the level of the party requesting assistance,
no request shall be made upon any party in any other region.
(8)
At Level III, the Essex County Office of Emergency Management Fire
Coordinator shall be notified in anticipation of continued mutual
aid.
(9)
The municipality requesting assistance may, upon request, reimburse
each municipality providing assistance, to the extent to which the
municipality providing such assistance cannot obtain reimbursement
of payment for such assistance from any county, state or federal governmental
unit or agency, for expenditures actually incurred in furnishing assistance.
(10)
The parties hereto shall make request of the Essex County Office
of Emergency Management Fire Coordinator that he or she serve as coordinator
among the municipalities which are parties to this agreement, for
the purpose of facilitating the provision of assistance pursuant to
this agreement.
(11)
This agreement shall not be construed as or deemed to be an agreement
for the benefit of any third party or parties, and no third party
or parties shall have any right of action hereunder for any cause
whatsoever.
(12)
Any party to this agreement may withdraw at any time, upon 30 days'
written notice to each of the other parties, and, thereafter, such
withdrawing party shall no longer be a party to this agreement; but
this agreement shall continue to exist among the remaining parties.
(13)
This agreement shall become effective for each party hereof when
that party by ordinance of its governing body ratifies and approves
this agreement, and authorized the proper municipal officials to execute
the same, at which time certified copies of said ordinance approving
the same shall be distributed to the other parties.
