[HISTORY: Adopted by the Township Council of the Township of Washington 6-3-1985 by Ord. No. 85-5 as Ch. 19 of the 1985 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Office of Fire Protection — See Ch. 7, Art. XIII.
Fires, Conduct at — See Ch. 237.
[Amended 6-3-1985 by Ord. No. 85-5]
A. 
There is hereby established in the Township of Washington, County of Bergen, a Volunteer Fire Department, to exist at the pleasure of and function under the supervision of the Director of the Fire Department, for the protection of lives and property of the citizens of the Township against loss or damage by fire. Such Department shall consist of the company now existing and the present membership thereof and such other companies as may hereafter be established and accepted by the Township Council.
B. 
The Volunteer Fire Department shall constitute the Office of Fire Protection, under the supervision of the Director of the Fire Department, in accordance with § 7-81 of Chapter 7, Administration of Government.
[Amended 6-25-1974 by Ord. No. 74-14; 6-24-1975 by Ord. No. 75-18]
A. 
The entire membership of the said Fire Department of the Township of Washington, including any and all companies or units thereof, shall not at any time exceed 60 active members and such number of active life members as are eligible for such status pursuant to this chapter. Any subsequent change in the aforesaid maximum number of members of said Fire Department shall be accomplished only by ordinance duly adopted by the Township Council of the Township of Washington.
B. 
The Fire Department shall maintain a roster including the following classifications:
(1) 
Active members.
(2) 
Active life members.
(3) 
Any other units, divisions or subdivisions.
C. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACTIVE LIFE MEMBER
Any active member who has completed 20 years of active service with the Township of Washington Volunteer Fire Department and has either completed his 64th year of age or completed his 59th year of age and has so indicated his choice, or who has completed 10 years of service with the Township Fire Department and who, either through causes not connected with service in the Township Fire Department, is no longer capable of performing the duties described in the definition of "active member" below, or who, as a result of injuries suffered while performing such duties as described below, shall be rendered incapable of performing such duties.
ACTIVE MEMBER
Any member who has not completed his 64th year of age and who is physically and mentally capable of performing all duties, including answering the fire alarms, actual attendance and duty at fires, drills, operation of fire apparatus and other duly established fire duties.
SENIOR MEMBER
Any member who has attained the age of 65 years. Senior members may be authorized to ride on fire trucks and perform only the following duties, provided that such members are medically certified to be capable thereof: police duty, roping off the area, assisting in providing equipment to other members and removing equipment.
[Added 11-7-1983 by Ord. No. 83-17]
D. 
Privileges and duties of active life members.
(1) 
An active life member shall have all the rights and privileges accorded to an active member. He shall have the option to participate in all duties of an active member, except those specifically described in Subsection C above, in the definition of "active member."
(2) 
Uniform allowance payable to an active life member shall be paid at the rate last in effect at the time he attained such status.
(3) 
Uniform allowance payable to an active life member shall terminate when he no longer resides in the Township or upon his death, whichever comes first.
E. 
Determination of physical or mental disability of active members.
(1) 
When it shall appear that an active member, who shall otherwise be eligible for active life membership, shall have become incapable of performing the duties described in Subsection C above, in the definition of "active member," the Chief of the Fire Department shall have the authority to suspend him from participation as an active member.
(2) 
Within 10 days after suspension, the Chief shall convene the Board of Fire Officers, who may, after an investigation of the circumstances, make a determination that the member undergo a physical and/or mental examination as set forth in Subsection E(3). Suspension of said member shall continue pending the physician's report as set forth in Subsection E(3).
(3) 
Upon such determination, the Board of Fire Officers shall appoint a physician or physicians licensed to practice in the State of New Jersey who shall examine the member. The physician or physicians shall make a report to the Fire Board, which report shall state his or their opinion of the member's physical and/or mental condition with knowledge of the physical and/or mental stresses to which an active member may be exposed, his or their opinion as to whether or not the member is capable of performing the duties described in Subsection C above without endangering himself, other members or the public, and whether such disability may be permanent.
(4) 
The examination and report required by Subsection E(3) above shall be performed and obtained in an expeditious manner.
(5) 
Upon the receipt of such report, the Fire Board shall make an appropriate recommendation to the Director, who with the approval of the Mayor may remove the member from active membership.
(6) 
Upon such removal, the member shall become an active life member, together with all rights and privileges set forth in Subsection C above, in the definition of "active life member."
No person shall hereafter become a member of the Fire Department of the Township of Washington or any unit thereof unless such person is above the age of 21 and not over the age of 55 years, a resident of the Township of Washington, a citizen of the United States and of good character; provided, however, that all members admitted over the age of 35 years must waive all rights to any benefits provided for either under the statutes of the State of New Jersey or under the jurisdiction of the local authorities[1] as well as the New Jersey State Firemen's Association through the local relief association.
[1]
Editor's Note: See also Ch. 33, Firemen's Benefits.
All applicants for membership shall be physically fit to perform the duties of firemen and shall produce evidence of their fitness by a certificate to that effect, made by a practicing physician of the State of New Jersey, said certificate to be made after a physical examination.
[Amended 9-17-1979 by Ord. No. 79-22]
A. 
Nonresidence in the Township of Washington shall terminate the membership of any person in the Department.
B. 
Upon recommendation of the Fire Board of Officers, the Director may waive the residency requirement of a member if all of the following conditions are satisfied:
(1) 
Such member's occupation and/or employment is within the Township and such member is available for day-time firematic activities.
(2) 
Such member has been an active member in good standing of the Department for at least five years.
(3) 
Such member has not reached his 60th birthday.
C. 
Recommendation by the Fire Board of Officers shall be made within 30 days of the termination of residency of such member.
D. 
Termination of availability for daytime firematic activities shall terminate any waiver of residency.
Every active member of the Fire Department shall, in each and every year, perform at least 60% of duty, to be composed of actual attendance and duty at fires and drills, and a record shall be kept of such attendance by the Secretary of the Fire Company and reported to the municipal officers annually.
The officers of the Fire Department shall consist of a Chief, Assistant Chief and such other officers as may be provided for by the bylaws of said Department.
[Amended 6-3-1985 by Ord. No. 85-5]
The Chief and Assistant Chief shall be elected by the members of the Department by ballot at an annual meeting of said Department to be held in the last week of November in each year; and, after confirmation by the Director of the Fire Department, with the approval of the Mayor, they shall assume their respective offices on January 1 and hold office for one year. All officers shall be elected from the membership of the Department; provided, however, that no member of the Department shall be eligible for the office of Chief or Assistant Chief unless he has been a member of the Department for at least two years.
[Amended 6-3-1985 by Ord. No. 85-5]
Each member of the Department, upon signing the roll of said Department, shall be entitled to receive a badge of the Fire Department; said badge shall remain the property of the Township and shall be surrendered to the Director upon the death, removal, resignation, suspension or expulsion of any member.
It shall be the duty of the members of the Fire Department to respond to all alarms of fire, fire drills and emergencies and to proceed promptly to the firehouse so as to convey the fire apparatus to the place of the fire or emergency, unless otherwise directed by the Chief or other officer who may be in charge, and to perform any duty required of them at such fire, remaining on duty until relieved by orders, which shall be given only by the officer in command, and to conduct themselves at all times in a manner becoming a fireman. After any such fire shall have been extinguished, each member of the Department shall return to fire headquarters and perform such duties as may be necessary.
[Amended 6-3-1985 by Ord. No. 85-5]
The Township of Washington Volunteer Fire Department may elect associate members to said Department and establish in its constitution and bylaws the rules and regulations applicable thereto relative to such election, subject, however, to the approval of the Director.[1]
[1]
Editor's Note: Original § 25-12 of the 1967 Township Code, which followed this section and which established a Fire Committee; was repealed 6-3-1985 by Ord. No. 85-5.
[Amended 6-3-1985 by Ord. No. 85-5]
All members of the Fire Department of the Township of Washington or any unit thereof shall be confirmed by the Director, with the approval of the Mayor.
[Amended 6-3-1985 by Ord. No. 85-5]
Should the Director fail to confirm the election of any Chief or Assistant Chief, then he shall appoint said Chief or Assistant Chief, with the approval of the Mayor, to hold office until such officers are elected by the Department and confirmed by the Director, with the approval of the Mayor.
[Amended 6-3-1985 by Ord. No. 85-5]
It shall be the duty of the Chief to submit a written report to the Director each month, showing the condition of the Fire Department and of the apparatus and its activities during the previous calendar month and any other matters concerning the Department the Director may deem necessary.
[Amended 6-3-1985 by Ord. No. 85-5]
In case of insubordination by or unbecoming conduct of any member of the Department, the Chief shall make complaint to the Director, who shall have the right to hear the same, and if charges are sustained, the Director may suspend or expel such member from the Department with the approval of the Mayor.
[Amended 6-3-1985 by Ord. No. 85-5]
The bylaws of the Fire Department and any changes therein, before becoming effective, shall be subject to the approval of the Township Council.
A Board of Fire Officers is hereby created, whose membership shall consist of the Chief, Assistant Chief, Captain and Lieutenants of the Township of Washington Fire Department.[1]
[1]
Editor's Note: Original §§ 25-19, 25-21 and 25-22 of the 1967 Township Code, which followed this section, were repealed 6-3-1985 by Ord. No. 85-5. Original § 25-20 of the 1967 Township Code now appears in Ch. 237, Fires, Conduct at.