[HISTORY: Adopted by the Mayor and Council
of the Borough of North Haledon as Ch. 2, Art. VIII, of the 1990 Code.
Amendments noted where applicable.]
There is hereby established a Volunteer Fire
Department of the Borough, to be known as the "North Haledon Volunteer
Fire Department."
[Amended 8-18-2010 by Ord. No. 23-2010; 7-21-2014 by Ord. No.
15-2014]
The North Haledon Volunteer Fire Department
shall consist of the present North Haledon Volunteer Fire Department
and the members thereof.
[Amended 5-9-1990 by Ord. No. 5-1990; 9-17-2008 by Ord. No. 15-2008; 7-21-2014 by Ord. No. 15-2014]
To become eligible for active membership in the Fire Department,
or any unit thereof, the person desiring to become a member shall
be a citizen of the United States and either 1) a resident of the
Borough of North Haledon for at least three months preceding his/her
application for membership; 2) a resident of a town that geographically
borders the Borough of North Haledon, i.e., the Borough of Haledon,
the Township of Wayne, the Borough of Hawthorne, the Borough of Franklin
Lakes and the Township of Wyckoff, for at least three months preceding
his/her application for membership; or 3) is and has been employed
within the Borough of North Haledon for at least three months preceding
his/her application for membership and is at all times physically
present within the Borough of North Haledon during his/her work period.
The person shall be at least 18 years of age and no more than 40 years
of age and shall submit with his/her application for membership a
certificate from a physician or licensed health care professional
(PLHCP) approved by the governing body of the Borough of North Haledon
as to his/her physical fitness and ability to perform the duties of
a volunteer fireman. The PLHCP shall follow the examination guidelines
prescribed by the Public Employees Occupational Safety and Health
Respiratory Protection Standard, 29 CFR 1910.134. All applicants for
active membership in the Fire Department shall provide proof of satisfaction
of the requirements set forth herein to the Borough Clerk.
[Amended 9-17-2008 by Ord. No. 15-2008; 7-21-2014 by Ord. No.
15-2014]
The applicant shall be investigated by the Chief
of the Fire Department and the Membership Committee thereof, and a
background check shall be conducted by the Chief of Police of the
Borough of North Haledon or his/her designee. Upon the approval of
the Chief of the Fire Department, the applicant shall serve a probationary
period of at least three months but no more than 18 months as a volunteer
fireman. During the probationary period, the applicant shall perform
at least 60% of the fire duties of all members of the Fire Department,
which duties shall consist of actual attendance and duties at fires
and drills, and must complete the training requirements of Title 5,
Chapter 73, of the New Jersey Administrative Code, Standards for Fire
Service Training and Certification, and any and all other requirements
as may be prescribed by the North Haledon Fire Department. After serving
the probationary period to the satisfaction of the Chief of the Fire
Department and the Membership Committee thereof, the Chief of the
Fire Department shall submit the application, together with a certification
that the applicant has completed his/her probationary period in a
satisfactory manner, to the governing body of the Borough of North
Haledon for its approval.
[Amended 5-9-1990 by Ord. No. 5-1990]
Upon approval by the Borough Council, the applicant
shall become a regular member of the North Haledon Volunteer Fire
Department and shall have a badge issued to him/her. Firefighters
must attend one course within the first 18 months of membership.
[Added 12-2-2009 by Ord. No. 30-2009]
A.
The annual clothing allowance for the Volunteer Fire Department shall
be distributed as follows:
B.
The balance of the annual clothing allowance shall be distributed
to all active members of the Fire Department in proportion to the
number of alarms and drills attended by each active member for the
prior calendar year. Said amount shall be calculated by dividing the
balance of the annual clothing allowance by the total number of alarms
and drills responded to by the Fire Department, which will equal a
common value per alarm and drill. Each active member of the Fire Department
shall be entitled to an annual clothing allowance in amount equal
the common value per alarm multiplied by the number of alarms and
drills attended by that active member of the Fire Department. For
purposes of this section, "active firefighters" shall be defined as
those members of the Fire Department who respond to emergency service
calls and have made a minimum of 20% of the fire calls in the current
year.
[Amended 5-9-1990 by Ord. No. 5-1990]
Whenever any member of this Department shall
be charged with neglect of duty or a crime involving moral turpitude
or for any cause shall cease to be an active fireman, then and in
that event said badge shall be delivered to the Chief of the Fire
Department after the trial of that person.[1]
[1]
Editor's Note: Original § 2-60, Temporary firemen,
of the 1990 Code, as amended, which immediately followed this section,
was repealed 9-17-2008 by Ord. No. 15-2008.
[Amended 9-17-2008 by Ord. No. 15-2008; 12-2-2009 by Ord. No.
29-2009; 7-21-2014 by Ord. No. 15-2014]
The officers of the Fire Department shall consist of a Chief
and one Assistant Chief. The Chief and the Assistant Chief shall be
elected by the Fire Department. The line officers of the Fire Department
shall consist of a Captain, 1st Lieutenant and 2nd Lieutenant. All officers and line officers shall be
required to attend all officers meetings and drills, unless excused
from attendance for good cause by the Chief of the Department.
[Amended 12-2-2009 by Ord. No. 29-2009; 7-21-2014 by Ord. No.
15-2014]
The Chief and Assistant Chief shall hold office for a period
of three years and shall resume their respective duties on January
1 following their respective election and their confirmation by the
Mayor and Council.
[Amended 9-17-2008 by Ord. No. 15-2008; 12-2-2009 by Ord. No.
29-2009; 7-21-2014 by Ord. No. 15-2014]
A.
No member shall be eligible for the office of Assistant Chief unless
he/she has been an active member of the North Haledon Volunteer Fire
Department for at least five years and has held the position of 2nd
Lieutenant or 1st Lieutenant for one year and the position of Captain
for one year.
B.
No member shall be eligible for the office of Chief unless he/she
has held the office of Assistant Chief for a period of three years.
Notwithstanding, any active member who has held the office of Assistant
Chief or Chief for two or more years prior to the effective date of
this section shall be eligible for the office of Chief.
C.
In addition to the foregoing, all candidates for the office of Chief
and Assistant Chief shall satisfy all eligibility criteria set forth
in any and all New Jersey state statutes, administrative regulations
and other applicable law.
[Added 12-2-2009 by Ord. No. 29-2009; amended 7-21-2014 by Ord. No.
15-2014]
All nominations for the office of Chief and Assistant Chief
shall be made at a special meeting of the Fire Department in the month
of November. The Department shall conduct its election for the offices
of Chief and Assistant at a Department meeting called for that purpose
on or before the second Monday of December. Only active firefighters
shall be permitted to vote. For purposes of this section, "active
firefighters" shall be defined as those members of the Fire Department
who respond to emergency service calls and have made a minimum of
20% of the fire calls in the current year.
[Amended 3-20-2002 by Ord. No. 3-2002]
A.
It shall be the duty of the Chief of the Fire Department
to take active command of the Department at all times when on duty,
and all orders shall be issued by him/her directly to the commanding
officer of the Fire Department. He/she shall submit written monthly
and annual reports to the Borough Council and to the Fire Department,
setting forth the number of fires attended, the supplies and apparatus
needed, the standing of various members of the Department and any
other matters pertaining to the good and welfare and efficiency of
the Department.[1]
B.
In addition to the reporting and recordkeeping duties
imposed by state statute or regulation or otherwise imposed by law
upon the Chief of the Fire Department, it shall also be the duty of
the Chief to comply with any and all reporting and recordkeeping requirements
imposed by state statute or regulation or otherwise imposed by law
upon the Fire Department or upon the Borough with regard to fire matters.
The Chief shall also serve as the Program Administrator of the Respiratory
Protection Program. The Chief shall be responsible for implementing
and administering the Respiratory Protection Program, which shall
include, but not necessarily be limited to, annual physicals performed
by a physician or licensed care professional designated by the Fire
Chief and approved by the governing body of the Borough of North Haledon,
which shall be in accordance with the National Fire Protection Association
Standard 1582, Standard on Comprehensive Occupational Medical Program
for Fire Departments, Public Employees Occupational Safety and Health
Respiratory Protection Standard, 29 CFR 1910.134, the North Haledon
Respiratory Protection Plan, and complying with any and all laws and
regulations pertaining to same. Additionally, the Chief shall oversee
the implementing and administering of all safety and health standards
for firefighters and complying with any and all laws and regulations
pertaining to same, including but not limited to N.J.A.C. 12:100-10.1
et seq., as same may be amended from time to time.
[Amended 9-17-2008 by Ord. No. 15-2008]
[Amended 9-17-2008 by Ord. No. 15-2008; 7-21-2014 by Ord. No.
15-2014]
The Chief shall, at least once a week, conduct
on a Department level suitable drills or instruction in the operation
and handling of equipment, first aid and rescue work, salvage, a study
of the buildings in the Borough, fire prevention, water supplies and
all other matters generally considered essential to good firematics
and safety of life and property from fire.
The Chief is hereby required to assist the proper
authorities in suppressing the crime of arson by investigating or
causing to be investigated the cause, origin or circumstances of all
fires.
It shall be the duty of the Assistant Chief
to perform the duties of the Chief in his/her absence. In case of
the absence of the Chief or Assistant Chief, the commanding officer
of the Fire Department to arrive first at the place of duty shall
be in command of the Department until the arrival of a superior officer.
[Amended 5-9-1990 by Ord. No. 5-1990; 9-17-2008 by Ord. No.
15-2008]
Only firemen shall be allowed to ride the apparatus
when answering an alarm.
[Amended 9-17-2008 by Ord. No. 15-2008]
No equipment or apparatus can leave the Borough
for the purpose of a parade or contest without receiving the permission
from the Chief of the Fire Department first, and then the governing
body of the Borough of North Haledon. In the event it is not possible
for the governing body to convene and conduct a meeting in sufficient
time for the purpose of granting the permission required of it by
this section, then, and only in that event, the Mayor of the Borough
of North Haledon shall be authorized to grant the permission required
by this section.
[Amended 9-17-2008 by Ord. No. 15-2008]
It shall be the duty of every active member
of this Department on an alarm of fire to report to the scene of the
fire. The first member of the firehouse shall take immediate command
until arrival of the Fire Captain or the Lieutenant, and his/her orders
shall be obeyed as though coming from officers.
A.
Every member, within 30 days after qualifying for
membership, shall sign the bylaws of the Department kept by the Chairperson
of the Fire Committee and shall at this time take the following oath:
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"I do solemnly swear that I will support the
Constitution of the United States and of the State of New Jersey,
the laws and ordinances of the Borough of North Haledon and obey all
rules and regulations and orders of the North Haledon Volunteer Fire
Department and faithfully discharge the duties as a member thereof
and faithfully serve the Borough of North Haledon according to the
best of my knowledge and ability, so help me God."
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B.
He/she shall then receive from the Chairperson of
the Fire Committee of the Borough Council a copy of the ordinance
creating the Volunteer Fire Department and of the Department's bylaws.
[Amended 9-17-2008 by Ord. No. 15-2008[1]]
All resignations of members shall be made in
writing, addressed and presented to the Chief of the Fire Department
and/or the Assistant Chief of the Fire Department, and, if approved
by a majority of the members present at any meeting of the Fire Department,
shall be accepted and forwarded to the Borough Council.
[Amended 5-9-1990 by Ord. No. 5-1990]
Any member of the Department shall be subject
to punishment by reprimand, suspension or dismissal from the Department
according to the nature and gravity of the offense or for any of the
following causes:
A.
Willful disobedience of orders, failure to comply
with the North Haledon Fire Department standard operating procedures
or standard operating guidelines.
[Amended 7-21-2014 by Ord. No. 15-2014]
B.
Disrespect to a superior officer.
C.
Refusal or failure to attend fires or fire drills.
D.
Immorality, indecency or lewdness.
E.
Neglect of duty.
F.
Violation of any criminal law.
G.
Conduct subversive of good order and discipline of
the Department.
H.
Violation of any rule or order of the Fire Committee
of the Borough Council.
[Amended 9-17-2008 by Ord. No. 15-2008]
Charges against any member of the Fire Department shall be made
in writing under oath and filed with the Borough Clerk within 10 days
after the offense is alleged to have been committed. In no case, however,
shall charges be proffered without the written approval of the Chief
of the Fire Department, except charges against the Chief. The date,
time and place of the hearing of said charges shall then be fixed
by the Fire Committee at a meeting, which shall be specially convened
for that purpose, and at least five days before the date so fixed
for hearing, a written copy of said charges, together with a notice
of the date, time and place of said hearing, shall be served on the
member against whom the charges are made, either personally or by
leaving the same at such member's usual place of abode. At the
time, place and date fixed for the hearing of said charges, the Fire
Committee shall hear the evidence adduced by all parties concerned
and shall recommend a decision to the Mayor and Council. At all such
hearings, the Fire Commissioner shall be the presiding officer. At
all such hearings, the defendant, as well as the person making the
charges, may have the assistance of counsel in the presentation of
evidence relative to the facts at issue. At all such hearings, the
Fire Committee shall have the assistance of the Borough Attorney.
The hearing of said charges may be adjourned from time to time in
the discretion of the Fire Committee; provided, however, that the
Fire Committee shall render its recommendation to the Mayor and Council
within 15 days following the conclusion of the hearing. At the next
meeting of the Mayor and Council after receiving the recommendation
of the Fire Committee, the Mayor and Council shall render its decision
by a majority vote of the Council persons present at the hearing,
provided that in all cases a quorum shall be represented. The decision
of the Mayor and Council shall be registered by motion and roll call
vote, including the penalty, if any. Notice of the decision shall
be mailed to the defendant.
[Added 9-17-2008 by Ord. No. 15-2008]
The Chief of the Fire Department shall have the right to suspend any member forthwith for any of the offenses enumerated in § 44-21, but in such case, charges shall be proffered against such member within five days thereafter, not counting intervening holidays, Saturdays and Sundays.
[Added 9-19-2012 by Ord. No. 24-2012]
Any grievance or dispute which may arise between any member
of the North Haledon Volunteer Fire Department and any officer thereof
concerning a firematic issue(s) or any proposed applicant for membership
to the North Haledon Volunteer Fire Department and any officer thereof
concerning the application process shall be settled in the following
manner:
A.
Step 1. The member or applicant, as the case may be, shall submit
the grievance in writing to the Fire Chief within five days of its
occurrence. The Fire Chief shall attempt to adjust the matter and
respond in writing to the member or applicant, as the case may be,
within five working days of his/her receipt of the written grievance.
B.
Step 2. If the grievance is still unsettled, the member or applicant,
as the case may be, shall, within five working days from receipt of
the answer required by Step 1 hereunder, submit the written grievance,
together with all documentation supporting the same, to the Municipal
Clerk for final resolution by the Mayor and Council within 30 days
of the Municipal Clerk's receipt of the written grievance. The
Municipal Clerk shall provide notice to the grievant and Fire Chief
as to the date and time on which the matter will be considered by
the Mayor and Council. On that date and time, the grievant and Fire
Chief may appear and present testimony and documentary evidence in
support of their respective positions.
A.
Eligibility. A death benefit payment in the sum of $2,000 shall be paid upon the death of a Borough volunteer fireman who has served seven years as a Borough volunteer fireman and who, by reason of his/her age at the time of initial membership as a Borough volunteer fireman, is not eligible for death benefit payments by the State of New Jersey. Death benefit payments for volunteer firemen shall be and the same are hereby payable retroactively to January 1, 1987, in accordance with Subsection C.
[Amended 6-14-1989 by Ord. No. 6-1989; 8-9-1989 by Ord. No.
13-1989]
B.
Beneficiaries. The death benefit payment in the sum of $2,000 shall be paid to the surviving widow or, if there is no surviving widow, to the surviving children of the deceased Borough volunteer fireman. In the event that the Borough volunteer fireman dies without a surviving spouse or surviving children, no payment shall be made or payment shall be made to the funeral director. Death benefit payments for volunteer firemen shall be and the same are hereby payable retroactively to January 1, 1987, in accordance with Subsection C.
[Amended 6-14-1989 by Ord. No. 6-1989; 8-9-1989 by Ord. No.
13-1989; 5-9-1990 by Ord. No. 5-1990]
C.
Time of payment. The death benefit payment shall be
paid in the calendar year subsequent to the year of the death of the
eligible Borough volunteer fireman, unless the governing body in the
exercise of its discretion by resolution determines to make payment
in the same year as the death.
[Amended 4-17-1991 by Ord. No. 6-1991]
[Added 7-16-2008 by Ord. No. 5-2008]
All equipment and gear items in the possession of a member are
to be promptly returned to the Department upon such member's resignation,
suspension, dismissal, retirement, or any other termination of service.
The Chief of the Fire Department shall notify the governing body within
14 days of the return of said equipment and gear. Said notice shall
itemize all returned equipment and gear, as well as separately itemize
all unreturned equipment and gear.
