[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.
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.
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.
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.
[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.
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.
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:
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.
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.
[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.
[Ord. No. O-13-2013]
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.
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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.
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[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:
[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:
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.
