[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-2015 by Ord. No. 05-2015]
The Estell Manor Volunteer Fire Company, heretofore organized
as a nonprofit corporation, is hereby authorized and established as
the official Fire Department for the City of Estell Manor, along with
such additional companies of said Fire Department as the City Council
may hereafter authorize and approve (hereinafter “Fire Company”).
The Fire Company must comply with all the requirements of this article
and any rules or regulations promulgated hereunder to remain the designated
Fire Company of the City of Estell Manor.
A.
No person
shall become a member of the Fire Company or any unit thereof unless
he or she has attained the age of at least 18 years, except that an
individual may serve as an Explorer Member at the minimum age of 14
years.
B.
Every member
must pass a physical examination by a practicing physician in the
State of New Jersey, certifying the applicant is fit for firefighting
duties. A copy of the certification must be provided to the City of
Estell Manor.
C.
Every member
of the Fire Company shall, at minimum, be certified as a Firefighter-1.
Every officer must obtain an Incident Management Level 1 certification
prior to assuming officer position. A copy of the certification must
be provided to the City of Estell Manor.
D.
Every person
seeking to join the Fire Company shall make application to the Fire
Company in accordance with the Rules and Regulations thereof, and
the bylaws of the Fire Company. Upon obtaining membership in the Fire
Company, said person shall become a member in good standing of the
Estell Manor Fire Company subject to appointment of City Council.
E.
Any member
failing to meet any of the above requirements or any requirement mandated
by the New Jersey Department of Community Affairs, Division of Fire
Safety shall be cause for immediate removal of the member from the
Company, and discipline, up to termination, of the Chief of the Fire
Company.
F.
All members
shall stay current with the National Fire Incident Reporting System
requirements.
A.
The City
of Estell Manor, its Mayor and Council, shall have full charge and
control over the Fire Company, and title to all of the fire equipment
shall vest in the City of Estell Manor.
B.
If, at any
time, the Fire Company becomes noncompliant with any section of this
article, the Mayor may remove the Fire Company from service.
C.
The City
Council shall choose one of its members to act as a liaison to the
Fire Company.
A.
The Chief
of the Fire Company shall render a report to the City Council no later
than the fifth day of every month. Such report shall contain a record
of all fires and other service calls attended by the Fire Company
during the preceding month, finances, new and/or resigned members,
and such other information as may be required or requested by City
Council.
B.
At the beginning
of each year, the Chief shall submit a written report and be present
at the first Council meeting of the year for questioning of the report.
The report shall contain the following:
(1)
Certification
status of each firefighter;
(2)
Fit
testing results for every firefighter;
(3)
Flow
testing results of every self-contained breathing apparatus;
(4)
Ladder
testing results of every ladder on site;
(5)
Hose
testing results of every hose on site; and
(6)
Any
other testing or certification required by the State of New Jersey
or County of Atlantic.
C.
If any of
the above-mentioned tests or certifications lapse or fail, the Fire
Company shall decommission such equipment unless or until the equipment
has passed its required test or receive its required certification.
D.
In the Chief's
report, he or she shall state the expiration date of any certification
or test.
E.
If any of
the firefighters shall become noncompliant with any of their required
tests or certification, the Chief shall notify the Mayor, in writing,
and shall remove the firefighter from service until such test is passed
or certification obtained. In the Chief's report, he or she shall
state the expiration date of any certification or test.
F.
If the Chief
fails to provide any of the above, it shall be cause for discipline,
up to and including removal as Chief.
A.
A copy of
all certifications of every firefighter in the Fire Company shall
be submitted to the City of Estell Manor. Any record of any firefighter's
failure to obtain their proper certifications to fight fires shall
be immediately reported to the Mayor and City Council by the Chief.
B.
Any and
all records of equipment obtained and the testing thereof shall be
submitted to the City of Estell Manor. Any record of failing equipment
shall be immediately reported, in writing, to the Mayor and City Council
by the Chief.
A.
In addition
to all of the requirements of this article, the Chief shall be in
full command and complete control at all fires and during the period
of all alarms and shall be held accountable for his/her action to
the Council. The Chief shall make written reports to the City Council
every month. The Chief shall be present at the first Council meeting
of the year and any other Council meeting by written request of the
Mayor.
B.
The Chief
shall be responsible for obtaining the proper certification of every
member of the Fire Company. Failure to do so may result in removal
of the Chief.
C.
The Chief
shall be responsible for all fire-related equipment. The Chief shall
ensure that all equipment is properly licensed and operational. The
Chief shall be responsible for obtaining the proper certifications
for every piece of equipment.
D.
By the first
Council meeting of each year, the Chief shall prepare an annual budget
for the Fire Department, listing all anticipate expenditures and estimating
prices thereof to be submitted to the City Council for approval. The
budget shall include an accounting of the previous year. No expenditure
to be borne by the City shall be submitted without prior approval
by the Mayor and/or Chief Financial Officer of Estell Manor. Any expenditure
request shall be submitted in writing.
The Mayor may reprimand, suspend, or remove from office or membership
the Fire Chief, or any officer or firefighter of the Fire Company.
The City and the Fire Company shall be required to follow the following
disciplinary procedure:
A.
Any and
all charges shall be in writing and shall set forth the factual basis
for the charges, including the proposed penalty.
B.
If the charges
are for a written or oral reprimand, the Fire Chief, officer or firefighter
may appeal the reprimand to the personnel committee.
C.
If the charges
are for suspension or termination, the Fire Chief, officer or firefighter
are entitled to a hearing, if one is requested within five days of
receiving the charges.
D.
If a hearing
is requested, the personnel committee or their designee will be the
hearing officer.
E.
The hearing
will be held within 30 days of the request, unless agreed to by both
parties to be heard later than 30 days.
F.
If no written
request for reconsideration is made or hearing requested, respectively,
the discipline is final.
[Adopted 8-31-1999 by Ord. No. 0-10-99 (Ch. XI, Sec. 11-7,
of the 1974 Revised General Ordinances)]
A Length of Service Awards Program (LOSAP) is herewith created
in accordance with Chapter 388 of the Laws of 1997, N.J.S.A. 40A:14-183
et seq., to reward members of the volunteer firefighters for their
loyal, diligent and devoted services to the residents of the City
of Estell Manor.
The LOSAP shall provide for fixed annual contributions to a
deferred income account for each volunteer member that meets the criteria
set forth below; that such contributions shall be made in accordance
with a plan that shall be established by the City of Estell Manor
pursuant to P.L. 1997, c. 388, N.J.S.A. 40A:14-183 et seq.; and that
such plan shall be administered in accordance with the laws of the
State of New Jersey, the United States Internal Revenue Code and this
article.
A.
The LOSAP shall provide for annual contributions to each eligible
member that meets the criteria as follows:
B.
The initial annual contribution shall be $550. The governing body
may from time to time amend the contribution amount to reflect cost
of living increases authorized pursuant to N.J.A.C. 5:30-14.9.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The LOSAP shall provide previous credit for vesting purposes
only for no more than five years of prior service for each eligible
volunteer considered each year as an "active and in good standing
member" for each individual year.
The estimated cost of the program has been calculated as follows:
