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Town of Morristown, NJ
Morris County
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Table of Contents
Table of Contents
Code
New Laws (17) Index
[Ord. No. O-13-2013]
The Fire Prevention Bureau of the Town of Morristown (the Bureau) is hereby established as the Local Enforcing Agency (LEA) for purposes of enforcing the Uniform Fire Safety Act (N.J.S.A. 52:270-192 et seq.) and the Uniform Fire Code (N.J.A.C. 5:70-1.1).
[Ord. No. O-13-2013]
Agency designation. The Office of Fire Prevention within the Town of Morristown Fire Bureau shall be designated the Local Enforcing Agency. The Local Enforcing Agency shall be under the direct supervision and control of the Fire Marshal who shall report to the Fire Chief.
[Ord. No. O-13-2013]
The Local Enforcing Agency shall enforce the Uniform Fire Code in all buildings, structures, and premises within established boundaries of the Town of Morristown other than one and two-unit owner-occupied dwellings, used exclusively for dwelling purposes, and building structures and premises owned or operated by the Federal Government, interstate agencies, the State of New Jersey, or the County of Morris.
[Ord. No. O-13-2013]
The appointment of the Fire Marshal is permanent, subject to N.J. Civil Service Commission Rules and Regulations.
[Ord. No. O-13-2013]
The Office of Fire Prevention established in Subsection 16-1.2 shall carry out the periodic inspections of life hazard uses required by the Uniform Fire Code on behalf of the Commissioner of the New Jersey Department of Community Affairs.
[Ord. No. O-13-2013]
a. 
In addition to the registrations required by the Uniform Fire Code, the following non-life hazard uses shall register with the Bureau of Fire Prevention. These uses shall be inspected once per year and shall pay an annual fee as set forth below:
Schedule of Annual Non-Life-Hazard Use Inspection Fee
Business Use Group
Under 2,500 square feet
$25
2,500 - 4,999 square feet
$50
5,000 - 9,999 square feet
$75
10,000 square feet and up
$175
Factory Use Group
Under 5,000 square feet
$75
5,000 square feet
$100
Storage Use Group
Under 2,500 square feet
$50
2,500 square feet - 11,999 square feet
$100
Residential Use Group
Non-Owner Occupied
1 and 2 Units
$35
3-6 units
$75
7-12 units
$100
13-20 units
$200
Over 20 units
$400
Fire Lane Violations
Parking in a fire lane
$50
Blocking a fire hydrant or fire department connection
$75
Reinspection fee
$25 per reinspection
[Ord. No. O-13-2013]
Pursuant to Sections 15 and 17 of the Uniform Fire Safety Act, any person aggrieved by any action of the local enforcing agency shall have the right to appeal to the Construction Board of Appeals of Morris County.
[Ord. No. O-13-2013]
The application fees for the permits listed in N.J.A.C. 5:70-2.9(c) shall be as provided by State regulation.
[Ord. No. O-13-2013]
The Fire Bureau of the Town is hereby established with jurisdictional boundaries coextensive with the boundaries of the Town.
[Ord. No. O-13-2013]
a. 
Composition. The Fire Bureau shall consist of the following personnel:
1. 
A Chief of the Fire Bureau, hereinafter referred to as the "Fire Chief."
2. 
A Deputy Chief of the Fire Bureau, hereinafter referred to as the "Deputy Chief."
3. 
One First Assistant Chief of the Fire Bureau, hereinafter referred to as the "First Assistant Chief," who shall be from the Volunteer Division.
4. 
One Second Assistant Chief of the Fire Bureau, hereinafter referred to as the "Second Assistant Chief," who shall be from the Volunteer Division.
5. 
Full-time paid Captains, in such number as may be appointed in accordance with law.
6. 
A Volunteer Division consisting of six volunteer companies to be designated as follows:
(a) 
The Board of Fire Wardens.
(b) 
The Independent Hose Company.
(c) 
The Resolute Hook and Ladder Company.
(d) 
The Washington Engine Company.
(e) 
The Humane Engine Company.
(f) 
The First Ward Hose Company.
7. 
One Captain, hereafter referred to as the "Volunteer Division 1st Captain," who shall be from the Volunteer Division.
8. 
One Captain, hereafter referred to as the "Volunteer Division 2nd Captain," who shall be from the Volunteer Division.
9. 
One Lieutenant, hereafter referred to as the "Volunteer Division 1st Lieutenant," who shall be from the Volunteer Division.
10. 
One Lieutenant, hereafter referred to as the "Volunteer Division 2nd Lieutenant," who shall be from the Volunteer Division.
11. 
The number of Volunteer Division officers in categories 7 - 10 may be increased or decreased upon the recommendation of the 1st Assistant Chief to the Fire Chief, and with his recommendation, the confirmation of the Business Administrator.
12. 
Such additional full-time paid firefighter as may be appointed in accordance with law.
13. 
A part-time arson investigator.
b. 
Members of the Bureau shall be appointed as follows:
1. 
The Chief, Deputy Chief and Captains shall be full-time paid members of the Bureau. The Fire Chief, the Deputy Chief and Captains shall be appointed by the Business Administrator. The tenure of the Chief, Deputy Chief and Captains shall be governed by Civil Service.
2. 
The First and Second Assistant Chiefs, the Volunteer Division Captains, and Lieutenants shall be elected annually by the Active Volunteer Division Firefighters. The Active Volunteer Division Firefighter is defined as a Suppression Firefighter, a Support Firefighter, or a Probationary Firefighter as defined in Subsection 16-3.2.1. The nomination for these offices shall be made from the Volunteer Division firefighters who meet the qualifications for the office as set forth in Subsection 16-3.5. The nominations shall be subject to the approval of the Fire Chief and the election shall be subject to the confirmation and appointment by the Business Administrator.
3. 
The presidents, financial secretaries, secretaries, treasurers and stewards of the volunteer companies shall be nominated annually by the members of their respective companies on the second Monday in December of each year. The Volunteer Division Secretary shall be appointed annually by the 1st and 2nd Assistant Chiefs and the Volunteer Division Officers. Their nomination shall be subject to the approval of the Fire Chief and to confirmation and appointment by the Business Administrator.
4. 
A Recruitment and Retention Committee (R&R Committee), consisting of a representative and alternate member appointed by each of the volunteer fire companies, and the 2nd Assistant Chief is established in the Volunteer Division. The Chairperson of the R&R Committee shall be appointed by the 2nd Assistant Chief.
The R&R Committee's duties shall be as follows:
(a) 
Assist the Fire Chief in the review and investigation of all applicants to the Volunteer Division and shall render a report to the Fire Chief with a recommendation regarding appointment to the Bureau's Volunteer Division.
(b) 
Assist the Volunteer Division in actively recruiting and retaining members of the Volunteer Division.
If the R&R Committee recommends that the applicant be appointed to the Bureau's Volunteer Division, then it shall also recommend which of the volunteer companies the applicant should be assigned to. Should the R&R Committee determine that a background check report raises issues regarding a recommendation for appointment, the R&R Committee shall hold a hearing at which the applicant will be given an opportunity to explain why the background check should not disqualify the applicant from appointment to the Bureau's Volunteer Division. The subject matter and discussions which take place at such hearing shall be held in strict confidence and shall not be disclosed to anyone in the Bureau other than the Fire Chief. A report of the hearing results shall be provided to the Fire Chief with the R&R Committee's recommendation.
(c) 
Keep the 1st and 2nd Assistant Chiefs and the Volunteer Division Officers informed of its recruitment and retention efforts, and coordinate with them in informing the applicant of the Bureau's Policies and Requirements for Volunteer Division members.
5. 
The appointment of an applicant to the Bureau's Volunteer Division shall be made on the recommendation by the Fire Chief, confirmation by the Business Administrator, and the approval of the Town Council.
6. 
In the event of a vacancy in any office to be filled from the ranks of the volunteer members of the Bureau, the unexpired term shall be filled by nomination, approval and confirmation and appointment in the same manner as the original appointment and as soon as practicable following the occurrence of the vacancy.
7. 
In the event that any volunteer company shall refuse or neglect to nominate a suitable person for any office requiring nomination or for vacancies as they may occur, the Chief shall recommend to the Business Administrator a suitable person to fill the office or unexpired term.
8. 
The term of office of any officer or member of the Fire Bureau shall begin as of the date of confirmation by the Business Administrator and approval of the Town Council.
9. 
No person shall become an officer or member of the Bureau unless and until he shall promise to perform the duties required of him as hereinafter set forth or as may be set forth in other ordinances of the Town or by State law, nor shall any person continue to hold any office or membership in the Bureau if he shall be derelict in his duty.
[Ord. No. O-13-2013]
a. 
Suppression Firefighter is a member who:
1. 
Is certified by the New Jersey Division of Fire Safety as Firefighter 1.
2. 
Meets the annual training requirements for Self Contained Breathing Apparatus (SCBA).
3. 
Received such other required training as may be deemed necessary by the Bureau and/or other regulatory agencies having jurisdiction, and has annually passed the respiratory protection policy of the Bureau, and is certified on the Volunteer Division's records as qualified to engage in interior firefighting and/or in Immediately Dangerous to Life and Health (IDLH) atmospheres.
4. 
Maintains a 50% attendance at General Alarms and training sessions.
5. 
Meets the residency requirements in Subsection 16-3.3.
b. 
Support Firefighter is a member who:
1. 
Has served in the Bureau as a Suppression Firefighter.
2. 
Was previously an active firefighter in the Bureau.
3. 
Has served as a firefighter who has attained Exempt Firefighter Status with another fire service.
4. 
Qualified under the Bureau's minimum standards of training to conduct exterior support firefighting activities at a fire scene and is not certified to engage in any interior firefighting in an IDLH atmosphere. The Support Firefighter may be assigned such exterior duties that they are trained and/or certified to perform.
5. 
Maintains a 50% attendance at General Alarms and training sessions.
6. 
Meets the residency requirements in Subsection 16-3.3.
c. 
Probationary Firefighter is a member who is:
1. 
A member who has successfully completed a New Jersey Division of Fire Safety Firefighter 1 course. Upon successful completion of the course, the member will enter a one year probationary period. The member will be evaluated by the 1st and 2nd Assistant Chiefs and the Volunteer Division Officers. The probationary period may be extended if the member does not meet the minimum standard of 50% attendance at General Alarms and training sessions or if the 1st and 2nd Assistant Chiefs and the Volunteer Division Officers determine the member is not ready to become a Suppression Firefighter.
d. 
Recruit Firefighter is a member who is:
1. 
A new member of the Bureau's Volunteer Division and is engaged in initial training as a firefighter. The member may be participating in or awaiting commencement of a New Jersey Division of Fire Safety Firefighter 1 course. The member may have successfully completed the Firefighter 1 course and is awaiting New Jersey Division of Fire Safety Firefighter 1 certification.
e. 
Past Active Firefighter is a member who has:
1. 
Chosen not to qualify or recertify as a Suppression or Support Firefighter, thereby making the member ineligible to engage in any firefighting activities.
2. 
Chosen to remain a member of the Bureau at the company level, and may, but is not required to, engage in any administrative or other non-fire ground related activity of the Bureau.
3. 
Achieved Exempt Firefighter status.
f. 
Associate Member is a member who:
1. 
Brings a special talent or value to the Bureau but does not desire or is unable to engage in firefighting activities.
[Ord. No. O-13-2013]
a. 
Findings. It is found to be a fact by the Business Administrator that adherence to the residency requirements specified by N.J.S.A. 40:47-3 would seriously impede the Town's ability to establish and maintain competent paid personnel and volunteer firefighters for its fire departments.
b. 
Waiving of requirements. The employment and retention in the employ of the Town of present and future competent paid personnel as well as volunteer members of the Morristown Fire Bureau is authorized notwithstanding that the same do not meet the residence requirements specified by N.J.S.A. 40:47-3.
c. 
Preference to residents. No person shall be appointed pursuant to this section waiving residency requirements unless at the time of his appointment there shall be a vacancy among the career division members of the Fire Bureau, or among the Volunteer Division members of the Fire Bureau, which cannot be filled by a qualified resident.
d. 
Five Mile Radius Requirement.
1. 
Volunteer members. No person shall be appointed a volunteer firefighter pursuant to this subsection waiving residence requirements unless he is a resident of Morris County and lives within a radius of five miles from the Municipal Building of the Town. The five mile radius requirement shall pertain to all present volunteer members of the Fire Bureau and to any future volunteer members of the Fire Bureau.
[Ord. No. O-13-2013]
The duties of the personnel of the Fire Bureau shall be as follows:
a. 
Fire Chief. It shall be the duty of the Fire Chief:
1. 
To take prompt and efficient measures and use the means of the Bureau to extinguish all fires threatening damage or destruction to property within the Town.
2. 
Approve the construction and erection of new firehouses.
3. 
Approve the acquisition and specifications of equipment, including all fire engines and other firefighting apparatus.
4. 
Keep an accurate record of the names of the officers and members of the department and of all appointments, transfers, resignations and removals of firefighters, including all particulars as shall be necessary.
5. 
Report to the Business Administrator at regular meetings or at such times as he may designate all matters required by him.
6. 
Inquire into all violations of the provisions of this chapter or any State law relating to the prevention and extinguishment of fires and cause legal proceedings to be instituted to promptly punish and prevent the continuance of violations.
7. 
Assign to places of public or private amusement such firefighter as in his discretion shall be deemed necessary for the prevention and extinguishment of fires and for the protection of the public in case of fire or the threat of fire upon recommendation by the Fire Marshal.
8. 
Keep a record of all fire alarms, fires and violations of this chapter, other ordinances or State law relating to fires or fire prevention.
9. 
Estimate annually in a report to the Business Administrator the amount of fire loss, together with the amount of insurance thereon as may have occurred in the Town during the preceding year.
10. 
Take charge of all badges and keep a record of same.
11. 
Distribute badges in accordance with the provisions of Subsection 16-3.11.
12. 
In addition to the duties hereinabove enumerated, have such other duties as may from time to time be assigned to him by the Business Administrator and such as shall devolve upon him by law.
b. 
Deputy Chief. It shall be the duty of the Deputy Chief to assist the Fire Chief in all of his duties and to perform such other duties as may from time to time be assigned to him by the Fire Chief and the Business Administrator.
c. 
First Assistant Fire Chief. It shall be the duty of the 1st Assistant Fire Chief:
1. 
To assist the Fire Chief in carrying out the duties of the Volunteer Division, and to perform such other duties as may from time to time be assigned to him by the Fire Chief.
2. 
When on duty at the scene of an emergency, assist the recognized Incident Commander (IC) in their duties and perform such other duties as may be assigned by the IC. Other duties may include, but not limited to, Incident Commander, Incident Safety Officer, Sector Commander, Accountability Officer, Staging Officer or other functions they are qualified to perform under the National Incident Management System (NIMS).
3. 
Be the administrative senior officer in the Volunteer Division and provide the Volunteer Division with leadership.
4. 
Represent the Volunteer Division at all approved operations, functions, and activities of the Bureau.
5. 
Supervise the Volunteer Division Officers.
6. 
Assist the Fire Chief and the Bureau's designated Training Officer with the planning and conducting of training programs and drills for the Volunteer Division.
d. 
Second Assistant Fire Chief. It shall be the duty of the 2nd Assistant Fire Chief:
1. 
Assist the 1st Assistant Fire Chief and Fire Chief in carrying out the duties of the Volunteer Division, and to perform such other duties as may from time to time be assigned to him by the Fire Chief or 1st Assistant Fire Chief.
2. 
When on duty at the scene of an emergency, assist the recognized Incident Commander (IC) in their duties and perform such other duties as may be assigned by the IC. Other duties may include, but not limited to, Incident Commander, Incident Safety Officer, Sector Commander, Accountability Officer, Staging Officer or other functions they are qualified to perform under the National Incident Management System (NIMS).
3. 
Shall perform all the duties of the 1st Assistant Fire Chief in the absence of the 1st Assistant Fire Chief.
4. 
Serve as a member of the Volunteer Division Recruitment and Retention Committee and appoint the Chairperson of the R&R Committee annually.
e. 
Volunteer Division Captain and Lieutenants. It shall be the duty of the Volunteer Division Captain and Lieutenants:
1. 
When on duty at the scene of an emergency, assist the recognized Incident Commander (IC) in their duties and perform such other duties as may be assigned by the IC. Other duties may include, but not limited to, Incident Commander, Incident Safety Officer, Sector Commander, Accountability Officer, Staging Officer or other functions they are qualified to perform under the National Incident Management System (NIMS).
2. 
Assist the Fire Chief, 1st Assistant and 2nd Assistant Fire Chiefs in carrying out the duties of the Volunteer Division and to perform such other duties as may from time to time be assigned to him by the Fire Chief, 1st Assistant or 2nd Assistant Fire Chief.
f. 
Company president. The President shall:
1. 
Be the executive officer of the volunteer company they represent.
2. 
Conduct the meetings of the company.
3. 
Represent the company at all meetings of the Volunteer Division companies called by the Assistant Chiefs or Fire Chief.
4. 
Perform duties as per Company bylaws.
5. 
Provide reports as requested by the Assistant Chiefs or Fire Chief.
6. 
Notify a Fire Officer of any deficiencies in the company meeting room.
g. 
Treasurer. The Treasurer shall:
1. 
Maintain the company accounts.
2. 
Pay bills as approved by the Company.
3. 
Perform duties as per company bylaws.
4. 
Provide the Company President with reports as requested or required.
h. 
Secretaries. It shall be the duty of the secretaries of the respective companies to record the proceedings of the company at its meetings and to keep the roll books reflecting the appointments, transfers and removals of all members of their companies. The secretaries shall deliver to the Fire Chief such reports as shall be required by him. They shall have such other duties as may from time to time be assigned to them by their superior officers or by the Business Administrator.
i. 
Stewards. It shall be the duty of the stewards of their respective companies to oversee the maintenance of their company's meeting room. They shall keep the same in good order and condition and shall report any deficiencies to the Company President.
j. 
Members of various companies. It shall be the duty of the members of the various companies defined in Subsection 16-3.2a6 and of the career firefighters of the Bureau to attend all fires as they shall be called upon and to perform their respective duties as shall be determined by their superior officers. They shall at all times obey the Fire Chief, the Deputy Chief and all other officers of the Bureau. They shall have such other duties as may from time to time be assigned to them by their superior officers or the Business Administrator.
k. 
Meetings of the volunteer division. The Volunteer Division shall hold quarterly meetings of the membership of the Volunteer Division, and such additional meetings as may be deemed necessary or appropriate by the 1st Assistant Chief, 2nd Assistant Chief and/or the Volunteer Division Officers. The meetings shall be held on a date, time, and place as determined by the 1st Assistant Chief. The Volunteer Division meetings shall be chaired by the Fire Chief. In the absence of the Fire Chief, the meeting shall be chaired by one of the Assistant Chiefs. The minutes of the meeting shall be recorded by the Volunteer Division Secretary. The purpose of the meetings is to communicate with the Bureau's Volunteer Division and to conduct such business as may be necessary. All Volunteer Division Suppression, Support, Probationary, and Recruit Firefighters are required to attend. Recruit Firefighters may be excused if they are attending training classes. All past active and associate members of the Volunteer Division are invited to attend the meetings. If a vote of the membership is required or requested to be taken at the meeting, then only Suppression, Support, and Probationary firefighters are entitled to vote.
[Ord. No. O-13-2013]
a. 
No person shall become a 1st Assistant Chief, 2nd Assistant Chief, or Volunteer Division officer until they have met and complied with all applicable Federal or State of New Jersey Laws, Regulations, Executive Orders, or Rules which apply to the Bureau and which regulate the qualifications or minimum standards of an officer of the Bureau and, in the absence of any conflicting qualifications or minimum standards, then the following categorized qualifications:
1. 
1st Assistant Chief:
(a) 
Served as Second Assistant Fire Chief for one year
(b) 
Maintained a 50% average attendance at Bureau drills and emergency responses for which the Volunteer Division Members were requested to attend.
2. 
2nd Assistant Chief:
(a) 
Served as Captain for one year
(b) 
Maintained a 50% average attendance at Bureau drills and emergency responses for which the Volunteer Division Members were requested to attend.
(c) 
Completion of the following certifications - Incident Management Level II as certified by the New Jersey Division of Fire Safety.
3. 
1st Captain and 2nd Captain:
(a) 
Served as 1st Lieutenant for one year.
(b) 
Maintained a 50% average attendance at Bureau drills and emergency responses for which the Volunteer Division Members were requested to attend.
4. 
1st Lieutenant:
(a) 
Served as 2nd Lieutenant for one year.
(b) 
Maintained a 50% average attendance at Bureau drills and emergency responses for which the Volunteer Division Members were requested to attend.
5. 
2nd Lieutenant:
(a) 
Completion of three years as a New Jersey Division of Fire Safety Firefighter 1 with at least one year of membership in the Volunteer Division of the Bureau.
(b) 
Maintained a 50% average attendance at Bureau drills and emergency responses for which the Volunteer Division Members were requested to attend.
(c) 
Completion of the following certifications - New Jersey Division of Fire Safety certified Firefighter 1 and Incident Management Level 1.
6. 
Volunteer Division Secretary shall be a Suppression or Support Firefighter.
These qualifications shall take effect upon passage of this chapter.
This Chapter 16 was adopted May 14, 2013 by Ordinance No. O-13-2013.
[Ord. No. O-13-2013]
The Fire Chief shall, with the aid and assistance of the Deputy Chief, promulgate rules and regulations for the management of the Bureau and the conduct and discipline of the officers and members. The rules and regulations shall be subject to the approval and adoption of the Town Council. In the event that disciplinary action shall be taken pursuant to such rules and regulations, the person affected shall be given an opportunity for a full and fair hearing. Action so taken shall be subject to review by the Town Council as required by law.
[Ord. No. O-13-2013]
The six volunteer companies shall adopt bylaws which shall be subordinate to and not inconsistent with the rules and regulations of the Bureau. Such bylaws shall, in addition, be subordinate to and not inconsistent with this chapter or other ordinances of the Town and State law pertaining to the establishment of Fire Bureaus and the prevention and extinguishment of fires. In the event that disciplinary action shall be taken pursuant to such bylaws, the persons affected shall be given an opportunity for a full hearing, as required by law. Action so taken shall be subject to review by the Fire Chief and the Business Administrator.
[Ord. No. O-13-2013]
All promotions in the Fire Bureau shall be made from its membership as constituted at the time of the promotion, but no person shall be eligible to a superior position unless he has served for a period of at least three years in the grade of career firefighter and in accordance with Civil Service Regulations.
[Ord. No. O-13-2013]
a. 
In the event of emergency or widespread conflagration, it shall be lawful for the Fire Chief, upon the request of the Fire Incident Commander or the Business Administrator of any other municipality, or at the request of the County Fire Coordinator and as per N.J.A.C. 5:75A - Fire Service Resource Emergency Deployment, to provide and render assistance in the protection of life and property or in suppressing any conflagration, and while so acting, the members of the Fire Bureau shall have the same powers and authority as have the members of the Fire Department of the municipality in which such aid is being rendered.
b. 
Any member of the Fire Bureau rendering assistance or aid as provided in this section, who shall suffer sickness, injury or death in the performance of duty, shall be entitled to all salary, pension rights, workmen's compensation and other benefits as though such sickness, injury or death has occurred in the Town of Morristown.
[Ord. No. O-13-2013]
(Reserved)
[Ord. No. O-13-2013]
a. 
Badges and uniforms shall be issued and worn in accordance with the rules and regulations of the Bureau. Upon confirmation of appointment, each member of the Bureau shall be issued an appropriate badge from the Fire Chief along with identification credentials. Badges and identification credentials remain the property of the Bureau and shall promptly be surrendered to the Fire Chief upon resignation or termination of the member.
b. 
When in attendance at fires, all firefighters shall wear personal protective equipment (PPE) as required by the Bureau. Affixed to the helmet, which is a part of the firefighters PPE, shall be a shield designating the office held or member's company. For probationary or recruit firefighters the shield shall designate their restrictive IDLH status. The Bureau shall issue restrictive status shields and officer's shields. The companies are responsible for issuing company helmet shields.
c. 
All uniforms, other than dress uniforms acquired by the firefighter from their own funds or from company funds, and PPE issued to the firefighter, by the Bureau, shall remain the property of the Bureau. The firefighter shall surrender all Bureau issued PPE and uniforms upon resignation or termination from the Bureau. The firefighter shall also return all company issued equipment to the President of the company they belonged to.
[Ord. No. O-13-2013]
For the purpose of performing any duties enumerated in this chapter, other ordinances or State law pertaining to the prevention and extinguishment of fires, the Fire Chief or any duly authorized officer or member of the Fire Bureau shall have the power and authority to enter into any building or structure or upon any lands in the Town, provided that, if he is refused admittance and there is no clear and present danger, he shall be required to secure, by due process of law, a search warrant. In addition, the Fire Chief shall have the power to direct by written or printed order or notice to the owner or occupant of any building, structure or lot the taking of such action as may be deemed necessary for the prevention or extinguishment of fires. The Fire Chief may authorize any other officer or member of the Bureau to issue such order, and when such authorization shall be made, the authorized officer or member shall have the full powers of the Fire Chief.
[Ord. No. O-13-2013]
In the absence of the Fire Chief, the command of the Fire Bureau shall devolve upon the Deputy Chief. In the absence of the Fire Chief and the Deputy Chief, the command shall devolve upon the Career Fire Captain or Acting Career Captain, who shall serve as acting Deputy Chief. In the absence of the Fire Chief, Deputy Chief, and the Acting Deputy Chief, the command of the Bureau shall devolve upon the First Assistant Chief. In the absence of the Fire Chief, the Deputy Chief, the Acting Deputy Chief, and the First Assistant Chief, the command of the Bureau shall devolve upon the Second Assistant Chief. In the absence of all of the above, the command of the Fire Bureau shall devolve upon the volunteer fire officers.
[Ord. No. O-13-2013]
The workweek for career members of the Fire Bureau shall be an average of 42 hours per week. Wages shall be computed on the basis of a forty-two-hour week.
[Ord. No. O-13-2013]
No person shall interfere with the activities and duties of the members of the Fire Bureau. Interference shall include but not be limited to the following:
a. 
Entering firehouses or handling apparatus without permission.
b. 
Failure to obey directions of duly authorized Bureau personnel at the scene of fire.
c. 
Impersonating a member of the Bureau.
d. 
Intentional injury to firehouses, engines and apparatus.
e. 
Diversion of water from the scene of a fire.
f. 
Driving a vehicle over or otherwise damaging a hose at the scene of a fire.
g. 
Molesting or attempting to molest a member of the Bureau while the member is engaged in the performance of his duties.
h. 
Giving a false alarm of fire.
i. 
Using signals or other devices of the Bureau without authority.
j. 
Unauthorized riding on a fire engine.
k. 
Any other act which may be injurious to the public health, safety or welfare in connection with the prevention or extinguishment of fires.
[Ord. No. O-13-2013]
a. 
Causes. No career or volunteer firefighter shall be removed from office or employment in the Fire Bureau for political reasons or for any cause other than incapacity, misconduct, nonresidence (as defined in Subsection 16-3.3), or disobedience to rules and regulations established for the government of the Bureau.
b. 
Procedure. No career or volunteer firefighter, whether officer or employee, shall be suspended, removed, fined or reduced from office or employment except for just cause, and then only after written charges of the cause of the complaint shall have been preferred against him, signed by the person making such charges, and filed in the office of the Chief and a copy served on him within 15 days after the filing thereof, and after the charges shall have been publicly examined by the Town Council upon reasonable notice to the person charged, which examination shall be commenced not less than 15 days nor more than 30 days after the copy of such charges shall have been served. If any officer, member or employee is suspended pending trial on charges, such trial shall be held within 30 days after service of a copy thereof, otherwise the charges shall be dismissed, and the officer, member or employee shall return to duty.
[Ord. No. O-13-2013]
a. 
The Fire Chief or the Fire Marshal may require a key box to be installed in a nonresidential premises when the property is protected by an automatic alarm system, when access to or within the premises is unduly difficult because of secured openings, and where immediate access is necessary for life-saving or firefighting purposes.
b. 
The key box shall be of a type approved by the Fire Marshal and installed in a location approved by the Fire Marshal.
c. 
The key box shall contain:
1. 
Keys to locked points of ingress, whether in the interior or exterior of such buildings;
2. 
Keys to locked mechanical equipment rooms;
3. 
Keys to locked electrical rooms;
4. 
Keys to elevator controls;
5. 
Keys to such other areas as are directed by the Fire Marshal.
[Ord. No. O-13-2013]
FIRE LANE
A road, area or other passageway developed to allow access to, or the passage of a fire apparatus. A fire lane shall also include the areas surrounding a yard hydrant, public fire hydrant and/or Fire Department connection, which are required by State Statute or the Fire Marshal's designation as being necessary to allow access to same. A fire lane is not necessarily intended for vehicular traffic other than fire apparatus.
A fire lane shall further be defined as the area within 10 feet of a public or private fire hydrant, or a required and properly identified Fire Department connection.
[Ord. No. O-13-2013]
a. 
The Fire Marshal of the Town of Morristown may require and designate public or private fire lanes as deemed necessary for the efficient and effective operations of fire apparatus, access to building openings by firefighters or egress of occupants, access to building Fire Department connections, standpipes, yard hydrants or municipal fire hydrants.
b. 
Proposed fire lanes shall not conflict with prior approvals issued by the Planning and/or Zoning Boards unless the administrative authority for the Planning and/or Zoning Boards grants approval of the creation of the fire lane in writing.
c. 
A property owner may appeal a decision, made by the Fire Marshal, Planning and/or Zoning Board requiring the establishment or maintenance to the Morristown Town Council. The notice of appeal shall be filed with the Fire Marshal's office and the Town Clerk.
d. 
Any property owner who fails to comply within 60 days from being notified in writing to establish or post such fire lanes shall be fined $200 and shall suffer a penalty of $25 a day for each day thereafter until the lane is established.
[Ord. No. O-13-2013]
Fire lanes shall be installed and arranged in accordance with the below sections:
a. 
Dimensions. Fire lanes shall have an unobstructed width of not less than 20 feet except as exempted by the Fire Marshal, or except for approved security gates in accordance with Section 503.6 of the New Jersey Uniform Fire Safety Code, and an unobstructed vertical clearance of not less than 13 feet six inches.
b. 
Authority. The Fire Marshal shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations.
[Ord. No. O-13-2013]
A description showing the fire lanes shall be filed with the Morristown Police and Fire Bureaus and the Town Clerk, and the Violations Bureau. The description will include the following:
a. 
Block and Lot Number.
b. 
Address of property.
c. 
Diagram indicating the location of fire lanes on said property.
d. 
Length, width and location on property of said fire lanes.
[Ord. No. O-13-2013]
The Town Fire Marshal, and/or any uniformed member of the Fire Bureau are further authorized to regulate, restrict and prohibit the parking and operation of motor vehicles to and near such fire lanes and to impose other regulations necessary to insure that such areas are free from obstruction.
[Ord. No. O-13-2013]
a. 
Fire lanes shall be specifically designated and marked on the pavement and/or on the adjoining building wall area, including installation of appropriate signs stating "No Parking, Fire Lane" as described by the Town Fire Marshal, all of which shall be the responsibility of, and at the expense of, the property owner. Striping of the curbing and/or surface of the designated fire lane may be required by the Fire Marshal.
b. 
Designated fire lane signs or markings shall be maintained in a clean and legible condition at all times and replaced when necessary to ensure adequate visibility.
c. 
No signs or markings shall be required in the area surrounding a yard hydrant or fire hydrant, or appropriately marked Fire Department connection, unless deemed necessary by the Fire Marshal.
d. 
Fire lanes shall be kept free of ice and snow, rubbish containers and all other obstructions.
[Ord. No. O-13-2013]
It shall be a violation of this section for anyone to park, or stop or stand as defined by N.J.S.A. 39:1-1, a vehicle in, or cause an obstruction within the entire width of a fire lane as defined herein.
[Ord. No. O-13-2013]
a. 
Each and every violation of this section shall be subject to a fine of $50 for the obstruction of a fire lane, and not less than $75 for the obstruction of a yard hydrant, public fire hydrant or specified Fire Department connection.
b. 
When it is deemed by the enforcing officer that a vehicle obstructing a designated fire lane, or hindering access to a fire hydrant or Fire Department connection causes a significant hazard, the vehicle shall be towed from the area as prescribed by the Town.
c. 
In any prosecution or proceeding for unlawful parking in a fire lane for which the operator cannot be identified, the registered owner of the vehicle so parked shall be presumed to be the operator thereof.
d. 
A property owner failing to maintain a fire lane as described above shall be subject to an initial fine of not less than $100 nor more than $250 per day, per occurrence.
[Ord. No. O-13-2013]
The Morristown Police Bureau shall have concurrent jurisdiction with the Morristown Fire Bureau to enforce the applicable provisions of this section.
[Ord. No. O-13-2013]
Every single-family and two-family dwelling in the Town of Morristown shall be equipped with automatic smoke detection as provided herein. This provision shall be in effect for all dwellings, regardless of the applicable code requirements in force at the time of construction.
[Ord. No. O-13-2013]
One-family and two-family dwellings constructed in compliance with a New Jersey Uniform Construction Code and having properly maintained automatic smoke detectors in accordance with that Code shall be exempt from the requirements of this section. In no case shall existing levels of protection be reduced below those specified in Uniform Construction Code in dwellings built under that Code.
[Ord. No. O-13-2013]
Each dwelling unit shall be provided with a minimum of one approved automatic smoke detector installed as per the manufacturer's recommendations and as approved by the Fire Prevention Bureau. When actuated, the detector shall provide an alarm suitable to warn the occupants within the dwelling unit. The detector may be the single station, battery operated type in dwellings retrofitting under this section. Replacement installations in dwellings built under the Uniform Construction Code must be made in accordance with that Code.
[Ord. No. O-13-2013]
a. 
Owners of one-family or two-family dwellings within the Town of Morristown shall complete and return a "Smoke Detector Ordinance Compliance" card as provided by the Town. Said card shall be signed by the owner or his designee stating the status of the subject property with respect to smoke detector requirements. Willful misstatements or failure to return the card shall be a violation of this section.
[Ord. No. O-13-2013]
All automatic smoke detectors installed in accordance with this section or any other code or regulation shall be maintained operable at all times.
[Ord. No. O-13-2013]
Fire safety compliance has always been and continues to be a high priority for the Town of Morristown. Town officials frequently assess what can be done to assure the safety of all Town residents, and to that end, the Town of Morristown deems it necessary to implement fire watch procedures when there exist substantial risks to life, safety and property, including when all or part of the required fire protection systems in Town structures are intentionally interrupted for repairs and maintenance, not functioning properly, not functioning at all, or when they are damaged or destroyed by fire or other disaster. In certain circumstances detailed herein, the Fire Official/Marshal, Fire Chief or his designee, is hereby authorized to order a fire watch for the affected structure in order to ensure continued safety of residents during this period.
[Ord. No. O-13-2013]
As used in this article, the following terms shall have the meanings indicated:
FIRE WATCH
A temporary measure intended to ensure continuous and systematic surveillance of a building or portion(s) thereof by one or more qualified individuals for the purpose of identifying and controlling fire hazards, detecting early signs of an unwanted fire, raising an alarm of fire to the occupants and notifying the fire department.
[Ord. No. O-13-2013]
a. 
A fire watch may be ordered by the Fire Marshal, Fire Chief or his assigned designee in public and privately owned buildings and or properties within the Town of Morristown under the following circumstances:
1. 
Where required fire protection systems are out of service due to system failure, repair, scheduled maintenance, vandalism, etc.; the Fire Marshal and Fire Chief shall be notified immediately and where the Fire Marshal determines that an imminent hazard exists pursuant to N.J.A.C. 5:70-2.17 or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Upon restoration of the fire protection system and proper documentation is supplied, the Fire Marshal and Fire Chief shall then sign off on the ability to remove such fire watch.
2. 
When in the opinion of the Fire Marshal or Fire Chief, it is essential for public safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as required and approved, to remain on duty during the times such places are open to the public, or when such activity is being conducted.
3. 
When required by the Fire Marshal for building demolition that is hazardous in nature, qualified personnel shall be provided to serve as an on-site fire watch. Fire watch personnel shall be provided with at least one approved means of notification of the Fire Department and their sole duty shall be to perform constant patrols and watch for the occurrence of fire.
b. 
A fire watch may include the maintaining of posted fire lanes, means of egress, posted occupancy loads, building surveillance for signs of smoke or fire, checking for proper permits, inspecting for proper safety precautions of cooking equipment, and other functions as required by the Fire Official/Marshal, Fire Chief or his assigned designee.
c. 
Should a fire watch be posted by the Fire Marshal, Fire Chief or his designee, that party is then responsible to contact and maintain open communications with such on the status of the fire watch and conditions of the property in question. Proper fire watch procedure forms will be supplied to the Fire Chief in the command or support vehicles. The Fire Marshal's Office shall take responsibility of all posted fire watches and report back to the Fire Chief on the status of the property and fire protection systems.
d. 
The Fire Marshal may order that the fire watch be done by firefighters only, due to any life safety concerns with the occupancy, or use of the building.
[Ord. No. O-13-2013]
a. 
A fire watch shall be paid for by the building owner, tenant, lessee, or organization for which the fire watch is requested or required, as appropriate;
b. 
All fire watch services not incurred and paid by the Town of Morristown shall be at the firefighter's time and a half rate per hour, per firefighter, with a minimum of four hours per person;
c. 
There shall be a rate of $100 per hour for the use of each Town fire apparatus utilized;
d. 
All payments shall be made within 15 days after service is provided; and
e. 
Payments shall be made payable to the Town of Morristown.
[Ord. No. O-13-2013]
Any person, partnership, corporation, or other entity that violates the provisions of this article shall be subject to the penalties as set forth in the Uniform Fire Code.