[Adopted 9-12-2016 by Ord. No. 851]
Pursuant to N.J.S.A. 40A:14-26 and N.J.S.A. 40A:14-156.1, mutual
fire aid agreements are hereby authorized between the Township of
Boonton and other municipalities, fire districts and other governmental
entities (hereinafter collectively "other governmental entity or entities").
The execution of any such agreement shall be authorized by resolution
of the governing body and shall be consistent with the provisions
of this article.
In the event of an emergency, disaster or widespread conflagration,
the Fire Chief of the Township of Boonton, or his designee, is authorized
to request assistance from the Fire Chief or other head of the fire
department of the other governmental entity entering into a mutual
aid agreement, provided that the other governmental entity adopts
a reciprocal ordinance or resolution, as applicable, to provide fire
aid during and after any emergency in order to protect life and property.
The Fire Chief of the Township of Boonton, or his designee,
shall provide assistance to such entity to the extent possible without
endangering persons or property within the Township of Boonton, provided
such entity accepts the terms of this article and executes a mutual
aid agreement. The members of the Boonton Township Fire Department
supplying such aid shall be under the direction and authority of the
local commanding fire officer of the entity to which they are called
to assist and shall have the same powers, authority, rights and immunities
as the members of the fire department of the other governmental entity
to which assistance is rendered. Personnel who are furnished will
work, as far as possible, under their own supervisors, and equipment
furnished will ordinarily be operated by personnel of the agency furnishing
the equipment.
The Township of Boonton shall, upon providing assistance to
such other governmental entities, assume the cost and expense of providing
its personnel and equipment to the requesting entity, except in such
instances where the requesting entity receives state, federal or insurance
reimbursement. Under those circumstances, the costs incurred by the
Township of Boonton shall be submitted to the entity requesting assistance
for reimbursement out of the funds received. If fuel, chemical substances,
water additives or other disposable goods are used during a mutual
aid response or if portable equipment requires repair or is destroyed,
the requesting entity shall, upon request, repair, replace or, upon
receipt of an appropriate voucher, pay the responding entity, the
intent being to reimburse that entity for the actual cost of replacing
expendable materials.
Members of the Boonton Township Fire Department suffering injury,
or their legal representatives, if death results while rendering assistance
in another municipality, fire district or jurisdiction of another
governmental entity, shall be entitled to all benefits they would
have realized if injury or death had occurred in the performance of
normal duties within the Township of Boonton.
The Fire Chief of the Township of Boonton, or his designee,
and the Chief of the other governmental entity or his designees shall
jointly prepare written standard operating procedures which shall
address the implementation of the mutual fire aid agreement. A copy
of the SOP, and all amendments and revisions thereto, shall be filed
with each participating entity and with its dispatcher.
The mutual fire aid agreements authorized by this article shall
have an initial term of one year and shall be automatically renewed
for additional and successive one-year terms, unless and until one
of the parties thereto elects to terminate the agreement by providing
prior written notice to the other party to the agreement.
If any section, subsection, sentence, clause or phrase of this
article is for any reason held to be unconstitutional or invalid,
such decision shall not affect the remaining provisions of this article.
