Borough of Fair Lawn, NJ Article XIIIA Office of Emergency Management

[Added 8-16-2016 by Ord. No. 2397-2016[1]]

[1] Editor's Note: This ordinance also repealed former Art. XIIIA, Department of Emergency Services, added 5-25-2004 by Ord. No. 1978-2004, as amended.

§ 2-81.1 Department generally.

There shall be an Office of Emergency Management, the head of which shall be the Municipal Emergency Management Coordinator. Within Emergency Management, there may be divisions as prescribed by this article.

§ 2-81.2 Coordinator.

[Amended 11-22-2022 by Ord. No. 2637-2022]

The Municipal Emergency Management Coordinator shall be appointed by the Mayor pursuant to law. The Municipal Emergency Management Coordinator shall:

A. Maintain the Borough of Fair Lawn Emergency Operations Plan.

B. Supervise and/or maintain departmental records, prepare budget requests and oversee the day-to-day operation of Emergency Management divisions.

C. Assess the damage to municipal property, file insurance reimbursements with the Joint Insurance Fund as well as FEMA and the State of New Jersey, monitor the status of the reimbursements, advocate on behalf of the Borough and keep all books and records with regard to municipal property losses.

D. Assist residents and small businesses in making FEMA claims.

E. Develop and maintain public education, safety programs and plans, including school evacuation and relocation; industrial evacuation and response plans; and a special needs registry.

F. Keep all books and records for emergency service related to federal- and state-mandated and/or optional programs, including:

(1) Respiratory Protection Plan.

(2) Length of Service Awards Program (LOSAP).[1]

[1] Editor's Note: See Ch. 24, Length of Service Awards Program.

G. Develop a five-year capital budget plan for all Emergency Management divisions and present to the Borough Manager annually those projects recommended for consideration for budget approval with supporting documentation.

H. Act as an administrator to the Rescue Squad, CERT and RACES.

I. In coordination with the Borough Manager, prepare public education programs, maintain the emergency operations center, develop and maintain school evacuation plans, develop and maintain industrial evacuation plans, oversee a disaster recovery plan, be responsible for grant applications relating to emergency management services and develop and critique an annual emergency exercise.

J. Perform such other related duties as assigned and approved by the Borough Manager.

§ 2-81.3 Divisions.

A. Local Emergency Planning Committee (LEPC).

(1) Within the Office of Emergency Management, there shall be a Local Emergency Planning Committee consisting of not more than 15 members. The Local Emergency Planning Committee shall have the functions, powers and duties prescribed by general law, executive order, ordinance or resolution.

(2) The Chairperson of the LEPC shall be elected by majority vote at the December LEPC meeting. The term of the LEPC Chairperson will be for a period of one year starting January 1 of each year.

B. Division of Heavy Rescue/Hazardous Materials Response (HazMat).

(1) Within the Office of Emergency Management, there shall be a division of Heavy Rescue/Hazardous Materials Response. The Division, under the direction and supervision of the Coordinator, shall elect a Heavy Rescue/Hazardous Materials Response Division Chief. The Rescue/HazMat Chief will be elected to a two-year term at the Rescue/HazMat Division's annual November meeting. Chief candidates must have served as a Division Captain. The Chief shall:

(a) Maintain vehicles and equipment owned by the Borough assigned to the Division.

(b) Respond to hazardous materials spills and discharges to abate and control until such time as a professional cleanup contractor arrives at location of spill and/or discharge.

(2) Definitions. As used in this article, the following terms shall have the meanings indicated:

EXPENDABLE ITEMS

Any items used to extinguish any fire and/or stop or control or contain any leak or spill involving any hazardous material which cannot be reused or cannot be replenished without cost after that particular fire, leak or spill. These include but are not restricted to firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums and specialized protective equipment to include but not be restricted to acid suits, acid gloves, goggles and protective clothing.

HAZARDOUS MATERIALS

Any material, solid, liquid or gas, listed as a hazardous substance or material, including but not necessarily limited to such substances and materials listed under the NFPA Guide of Hazardous Material, the Department of Transportation Guide Book and the list of Hazardous Substances and Toxic Pollutants designated by the Federal Environmental Protection Agency and the New Jersey State Department of Environmental Protection.

VEHICLE

Any motorized equipment, registered or unregistered, including but not limited to a passenger car, motorcycle, truck, tractor-trailer, construction equipment, farm machinery, watercraft, aircraft and trains.

VESSEL

Any container, drum, box, cylinder, bottle or tank used to hold, contain, carry or store any hazardous material.

(3) Reimbursable items. Costs incurred by the Borough of Fair Lawn and/or other mutual aid responding units for the following items in connection with the suppressing, control or cleanup of a fire, leakage or spillage involving any hazardous substance or hazardous material shall be reimbursed to the aforesaid respective organizations by the responsible parties as set forth in Subsection B(4) below:

(a) The cost of replacement of expendable items.

(b) The expenses incurred by the Borough for the wages (regular and/or overtime) paid to its employees/agents as a result of a hazardous material incident.

(c) Any and all medical costs incurred by responding personnel.

(d) Any and all environmental tests required to ensure a hazard-free environment (soil-water-air).

(e) A fixed hourly rate for the use of apparatus, specialized vehicles or any other vehicles owned by the Borough of Fair Lawn at incidents computed at the rate per hour, as set forth by the FEMA equipment rates or from time to time by resolution of the Borough Council.

(f) All expenses incurred by other mutual aid responding units.

(g) Services rendered by any recovery company, towing company or other technical assistance called for by the Fire Department or Emergency Management Coordinator to handle such incidents.

(4) Parties responsible for reimbursement. Reimbursement to the Borough of Fair Lawn for any reimbursable items as set forth above shall be made by the following parties:

(a) The owner or operator of any vehicle responsible for any fire, leak or spill of hazardous material.

(b) The owner or person responsible for any vessel containing hazardous material involved in any fire, leak or spill on public or private property, whether stationary or in transit, whether accidental or through negligence.

(c) The owner or person responsible for any property from which any leak or spill of hazardous material emanates.

(d) Any person responsible for any fire, leak or spill of hazardous material on public or private property.

(5) Period for payment. Any responsible party, as set forth in Subsection B(4) hereof, shall reimburse the Borough of Fair Lawn for the full price of any reimbursable items used to extinguish such a fire, stop or contain such a leak or control and clean up such a spill within 45 days after receipt of a bill for such items from the Borough of Fair Lawn, to include an administrative fee of 20%.

(6) Penalties. Any responsible party, as set forth in Subsection B(4) hereof, who fails to reimburse the Borough of Fair Lawn for reimbursable items within the time limit set forth in Subsection B(5) hereof, shall be subject to a fine of not less than $100 nor more than $500 or imprisonment for a period of not more than 90 days, or both. Upon the failure to reimburse the Borough of Fair Lawn for the cost of such items within said forty-five-day period and in addition to any penalty provided for in Subsection B(5) hereof, the Borough of Fair Lawn may take such action as may be provided by law to recover such costs from the responsible party.

(7) All Rescue members who have served a minimum of 15 years of active service and retired from active service after reaching 55 years of age shall receive an annual service allowance as set forth below through the budgetary process. The annual service allowance amount shall be set upon retirement from active service at the current amount and will not increase with the active membership.

(a) Twenty-five plus years of service: full service allowance at time of retirement.

(b) Twenty to 24 years of service: 75% of service allowance amount at time of retirement.

(c) Fifteen to 19 years of service: 50% of service allowance amount at time of retirement.

C. Division of the Community Emergency Response Team (CERT). Within the Office of Emergency Management, there shall be a Division of the Community Emergency Response Team (CERT). The Division under the direction and supervision of the Municipal Emergency Management Coordinator or his/her designee shall:

(1) Maintain equipment owned by the Borough assigned to the Division.

(2) Respond to events and emergencies within the Borough as requested by the Municipal Emergency Management Coordinator.

D. Division of the Radio Amateur Civil Emergency Services (RACES). Within the Office of Emergency Management, there shall be a Division of the Radio Amateur Civil Emergency Services (RACES). The Division under the direction and supervision of the Municipal Emergency Management Coordinator or his/her designee shall:

(1) Maintain equipment owned by the Borough assigned to the Division.

(2) Respond to events and emergencies within the Borough as requested by the Municipal Emergency Management Coordinator.

E. Local Emergency Management Council (LEMC).

[Added 11-22-2022 by Ord. No. 2637-2022]

(1) Within the Office of Emergency Management, there shall be a Local Emergency Management Council consisting of not more than fifteen (15) members who shall be appointed by the Mayor.

(2) The Borough’s Emergency Management Coordinator shall be a member and shall serve as Chairperson of the Local Emergency Management Council.

(3) The Local Emergency Management Council shall assist the Borough in establishing the various local volunteer agencies needed to meet the requirements of all local emergency management activities in accordance with rules and regulations established in accordance with the provisions of the New Jersey Civilian Defense and Disaster Control Act.[1]

[1] Editor's Note: See N.J.S.A. App. A:9-33 et seq.