[Added 3-13-2007 by Ord. No. 2007-3]
The Township Council hereby establishes a paid and part-paid
Fire Department and force and provides for the maintenance, regulation
and control thereof and, except as otherwise provided by law, appoints
such members, officers and personnel as shall be deemed necessary,
determines their terms of office, fixes their compensation and prescribes
their powers, functions and duties and adopts and promulgates rules
and regulations for the government of the Department and force and
for the discipline of its members. The Township Manager shall be the
appropriate authority as provided in N.J.S.A. 40A:14-7 et seq. and
N.J.S.A. 40A:14-68 et seq.
The Fire Chief shall be charged with the overall responsibility
for fire protection and education, fighting and extinguishing all
fires, and the operation and maintenance of all firehouses, apparatus
and equipment. The Fire Chief shall have sole authority at the scene
of a fire pursuant to authority of N.J.S.A. 40A:14-54.1.
A.
Appointment. The Fire Chief shall be appointed by the appointing
authority pursuant to the rules and regulations prescribed by the
State of New Jersey Department of Personnel.
B.
Qualifications. The Fire Chief shall be a citizen of the United States
and shall be qualified by education and training, including at least
five years of experience, three years of which were in supervision
of fireground suppression activities and two years of which must include
managerial experience such as budget preparation and policy or procedure
development. The Fire Chief, in accordance with N.J.A.C. 5:73-1.6(b)
and (c) and N.J.A.C. 5:73-6.1, must possess a valid incident management
certification issued by the New Jersey Division of Fire Safety, Department
of Community Affairs.
C.
Residency. The Fire Chief shall not be required to be a resident
of the municipality during his/her term of appointment in accordance
with N.J.S.A. 40A:14-9.1, but must be a resident in the State of New
Jersey in accordance with N.J.S.A. 40A:14-9.8.
D.
Powers and duties. The Fire Chief shall, pursuant to the polices
established by the Township Manager:
(1)
Be the executive head of the Fire Department, subject to the direction
and supervision by the Director of Public Safety, and shall be responsible
to the Township Manager, through the Director of Public Safety, for
the efficiency and routine day-to-day operations of the Department
and the supervision of all its activities, including the performance
of all functions assigned to the Fire Chief under any collective bargaining
agreements applicable to employees with the Fire Department;
(2)
Be responsible for the observation and enforcement of all laws of
the state and ordinances within the jurisdiction of the Fire Department
and shall perform such other duties as shall be prescribed by ordinance
or by directive of the Township Manager and/or Director of Public
Safety;
(3)
Administer and enforce rules and regulations and special emergency
directives for the disposition and discipline of the Fire Department
and its officers and personnel;
(4)
Have, exercise and discharge the functions, powers and duties of
the Fire Department;
(5)
Prescribe the duties and assignments of all subordinates and other
personnel;
(6)
Delegate any authority that the Fire Chief may deem necessary for
the efficient operation of the Department, to be exercised under the
direction and supervision of the Fire Chief;
(7)
Ensure that all persons connected with the Fire Department are properly
instructed in their duties and shall give particular attention to
the training and instruction of new members thereof;
(8)
Have control of all records and property of the Fire Department and
designate any member of the Fire Department to prepare reports and
keep the records in the manner that the Fire Chief may prescribe,
as well as to take charge of any property coming into the custody
of the Fire Department;
(9)
Furnish to the Director of Public Safety and/or Township Manager
in such form as shall be prescribed by the Director of Public Safety
and/or Township Manager complete monthly and yearly reports on the
operation of the Fire Department and make such other reports as may
be requested by the Director of Public Safety and/or Township Manager;
(10)
Notify the Fire Official of and assist him/her in suppressing
any crime of arson by investigating or causing to be investigated
the cause, origin and circumstances of all questionable fires;
Except as provided herein, the Township Council and individual
Council members shall act in all matters relating to the fire function
in the municipality as a body, or through the Director of Public Safety
and/or Township Manager.
Nothing herein contained shall prevent the appointment by the
Township Council of committees or commissions to conduct investigations
of the operation of the Fire Department and the delegation to those
committees or commissions of those powers of inquiry as the Township
Council deems necessary or to conduct any hearing or investigation
authorized by law. Nothing herein contained shall prevent the Director
of Public Safety and/or Township Manager from examining at any time
the operations of the Fire Department or the performance of any fire
officer, firefighter, or member thereof. In addition, nothing herein
contained shall infringe on or limit power or duty of the Township
Council, the Township Manager, or Director of Public Safety to act
to provide for the health, safety or welfare of the municipality in
an emergency situation through special emergency directive.
A.
Full-time members.
(1)
Each
applicant for a full-time position as a fire officer or firefighter
of the Fire Department of the Township of Willingboro shall:
(a)
Fire officer: meet basic requirements for a position as a fire
officer of the Fire Department of the Township as set forth in N.J.A.C.
5:73-1.6(b) and (c) and N.J.A.C. 5:73-6.1 and in other general statues
and applicable special legislation and pursuant to the rules and regulations
of the State Department of Personnel with respect to the position
and meet the additional qualifications hereinafter set forth in this
subsection.
(b)
Firefighter: meet basic requirements for a position as a firefighter
of the Fire Department of the Township as set forth in N.J.A.C. 5:73
Subchapter 4 and in other general statues and applicable special legislation
and pursuant to the rules and regulations of the State Department
of Personnel with respect to the position and meet the additional
qualifications hereinafter set forth in this subsection.
(c)
Be more than 18 and less than 35 years of age.
(d)
Be sound in body and of good health sufficient to satisfy the
State Board of Trustees of the Police and Fireman's Retirement System
that such person is eligible for membership in the retirement system.
(e)
Be able to read, write, and speak the English language.
(f)
Be of good moral character and must not have been convicted
of any crime involving moral turpitude.
(g)
Satisfactorily serve a probationary period and successfully
complete a fire training course as provided by law.
(2)
All
applicants for the position of fire officer and firefighter, who have
qualified under State Department of Personnel rules and met the requirements
of all internal hiring procedures, shall make written application
to the Fire Chief and at the same time submit such proof as shall
be requested with respect to the above qualifications.
(3)
Residency. All full-time fire officers and firefighters shall not
be required to be a resident of the municipality during his/her term
of appointment in accordance with N.J.S.A. 40A:14-9.1, but must be
a resident in the State of New Jersey in accordance with N.J.S.A.
40A:14-9.8.
B.
Volunteer members.
(1)
Each
applicant for a volunteer position as a fire officer, firefighter,
or fire police officer of the Fire Department of the Township of Willingboro,
through the Willingboro Fire Company No. 1, shall:
(a)
Fire officer: meet basic requirements for a position as a fire
officer of the Fire Department of the Township as set forth in N.J.A.C.
5:73-1.6(b) and (c) and N.J.A.C. 5:73-6.1 and in other general statues
and applicable special legislation and meet the additional qualifications
hereinafter set forth in this subsection.
(b)
Firefighter: meet basic requirements for a position as a firefighter
of the Fire Department of the Township as set forth in N.J.A.C. 5:73
Subchapter 4 and in other general statues and applicable special legislation
and meet the additional qualifications hereinafter set forth in this
subsection.
(c)
Fire police officer: meet basic requirements for a position
as a fire police officer of the Fire Department of the Township as
set forth in N.J.A.C. 5:73 Subchapter 7 and in other general statues
and applicable special legislation and meet the additional qualifications
hereinafter set forth in this subsection.
(d)
Be at least 18 years of age.
(e)
Be able to read, write, and speak the English language.
(f)
Be of good moral character and must not have been convicted
of any crime involving moral turpitude.
(g)
Satisfactorily serve a probationary period and successfully
complete a fire training course as provided by law.
(2)
All applicants for the position of fire officer, firefighter, and
fire police officer shall make written application to the Fire Chief
and at the same time submit such proof as shall be requested with
respect to the above qualifications.
(3)
Membership in the Fire Company shall not exceed 150 active members,
who shall be elected to the Company/Department upon favorable completion
of the application. Membership shall be open to all residents of the
State of New Jersey who must be 18 years of age and pass a physical
examination. It shall be the duties of all active members of the Fire
Company/Department to participate in drills and instruction as prescribed
in this section and to aid the Fire Chief and other line officers
to the best of their ability in the prevention and control of fire
and the protection of life and property within the Township and wherever
else the Fire Company/Department may have cause to conduct operations.
(4)
Residency. All volunteer fire officers and firefighters shall not
be required to be a resident of the municipality during his/her term
of appointment, but must be a resident in the State of New Jersey.
C.
Junior Firefighter's Auxiliary. Pursuant to N.J.S.A. 40A:14-95 et
seq., there is established the Junior Firefighter's Auxiliary of the
Willingboro Fire Department.
(1)
Any individual residing in the Township between the ages of 16 and
17 years shall be eligible for membership, provided written permission
shall first be obtained from the individual's parent or guardian.
The permission shall be acknowledged or proved in the manner required
by law for deeds to real estate to be recorded. The original of written
permission shall be filed with the Fire Chief.
(2)
No individual shall be accepted into membership in the Auxiliary
unless the individual shall first submit a statement from the individual's
physician that the individual is in good health and is physically
fit to serve.
(3)
Members of the Auxiliary shall be insured with the same coverage
and in the same amount provided for the regular volunteer firefighters
of the Company.
(4)
The number of members of the Auxiliary shall not exceed 20% of the total active membership of the Company provided for in Subsection B(3) of this section. The Fire Chief shall be empowered to remove a person from membership in the Auxiliary for the willful violation of the rules and regulations of the Auxiliary or for other good cause, provided that person shall be first given an opportunity for a hearing before the Fire Chief.
(5)
The following rules and regulations shall govern the activities of
the Auxiliary:
(a)
Members shall attend training and educational programs appropriate
to the fire service, including attendance at the Burlington County
Emergency Services Training Center.
(b)
No member shall be required to perform duties which would expose
the member to the same degree of hazard as a regular member of the
Company, except as may be required under training and supervision.
(c)
No member shall don breathing apparatus or operate the aerialscope
bucket or dangerous machinery, except as may be required under training
and supervision.
(d)
No member shall operate or drive fire equipment.
(e)
No member shall enter or be on the roof of a burning building.
When responding to an alarm, a member shall be assigned to work around
a fire truck and in a safe area of the fire grounds. No member shall
directly fight fire or be near a burning building or hazardous area
or condition involving the handling of dangerous or poisonous acids
or dyes or injurious quantities of toxic or noxious dust, gases, vapor
or fumes.
(f)
Members who respond to an alarm shall be seated and belted inside
the cab of a fire truck when there is space available. No member shall
respond to an alarm by riding on the back steps of the fire apparatus.
The rights, privileges, powers and duties of the fire officers
and firefighters of the Fire Department, including fire police officers,
shall be those prescribed by the laws of the state governing municipal
fire departments generally, by the Charter and ordinances and resolutions
of the Township of Willingboro and such rules and regulations which
may from time to time be established by the Fire Chief with the approval
of the Director of Public Safety and/or Township Manager.
Each member of the Fire Department shall devote his or her time and services thereto, except as provided in § 3-132. Although certain hours will be allotted for the performance of regular tours of duty, fire officers and firefighters are considered at all times available for duty and must act promptly at any time their services are required, except when on an authorized leave or in the event of disability.
No member of the Fire Department shall be promoted to or hold
any superior rank within the Fire Department until the fire officer
and firefighter has served at least three years in the Fire Department.
The Fire Chief, with the consent of the Director of Public Safety
and the approval of the Township Manager, shall have the power to
relieve from duty any member of the Fire Department for the violation
of any provision of this article or any rule governing the Fire Department
until such time as complaint and charge against such member have been
disposed of by formal hearing.
Each full-time fire officer and firefighter appointed to the
Fire Department of the Township of Willingboro may pursue other employment
outside of the duty hours as prescribed by the Township Manager and
subject to the approval of the Township Manager.
The Fire Chief is authorized to extend aid to neighboring communities,
upon request, for fire protection or to establish a mutual aid plan
pursuant to N.J.A.C. 5:75A et seq.
The following regulations shall govern the purchase, use and
storage of fire apparatus and equipment in the Township of Willingboro:
A.
Recommendations for the purchase of apparatus and equipment required
to maintain the effective operations of the Fire Department and to
properly protect life and property from fire shall be made by the
Fire Chief to the Director of Public Safety and/or Township Manager.
Such recommendations shall be considered by the Fire Chief in negotiating
annual capital requirements with the Township Manager.
B.
All Township equipment of the Department shall be safely and conveniently
housed by the Fire Department. Such places shall be adequately heated
during winter months.
C.
Suitable arrangements shall be provided for the proper testing and
functioning of the fire alarm system.
D.
No person shall, without authority or permission from the Fire Chief,
use for private purposes, conceal, handle, or remove from any place
of storage any fire apparatus or equipment.
E.
No unauthorized person shall enter any place where fire apparatus
is housed unless accompanied by, or having the special permission
of, a fire officer or authorized member of the Company/Department.
F.
No apparatus of the Township shall be permitted to leave the Township
without the consent of the Fire Chief, except in response to a call
for aid from a neighboring community, in which case the Fire Chief
or the next highest ranking officer available will be required. Such
assignment of equipment shall be made only when the absence of the
equipment will not jeopardize fire protection in the Township.
