Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
Editor's Note: For Length of Service Awards Program, see Chapter 2, Section 2-87.
[1984 Code § 18-1]
a. 
The Milltown Volunteer Fire Department shall consist of a Board of Fire Officers and two fire companies: the Eureka Engine Company No. 1 and the Eureka Hose Company No. 1.
b. 
The Eureka Engine Company No. 1 shall consist of 35 members or such other number as may be established by resolution of the Borough Council.
c. 
The Eureka Hose Company No. 1 shall consist of 35 members or such other number as may be established by resolution of the Borough Council.
[1984 Code § 18-2]
The qualifications for members of the Volunteer Fire Department shall be such as are established by N.J.S.A. 40A:14-7 et seq., the amendments thereof and supplements thereto.
[1984 Code § 18-4; Ord. No. 789 § 2; Ord. No. 05-1205 § 18-4]
The Board of Fire Officers shall be appointed by the Mayor and confirmed by the Council upon the advice and recommendation of the Milltown Fire Department. The appointments shall be for terms of two years and shall be made every second year at the organizational meeting of the Council or as soon thereafter as is practically possible, and each member shall serve until his successor has been appointed.
[1984 Code § 18-5; Ord. No. 789 § 3; Ord. No. 05-1205 § 18-5; amended 9-12-2016 by Ord. No. 16-1436]
Each member of the Board of Fire Officers, at the time of his appointment, shall be an active member in good standing of the Milltown Fire Department, shall be an Ex-Foreman or Ex-Captain of either of the fire companies, and shall, upon his appointment to the Board, relinquish his membership in the company from which he came. Member must have completed all classes required by the New Jersey Division of Fire Safety prior to appointment. Member shall reside within a reasonable responding distance to the Fire Department in order to get elected and remain a resident throughout his term.
[1984 Code § 18-6; Ord. No. 05-1205 § 18-6]
a. 
Any vacancy on the Board of Fire Officers with six months or less on the term, caused by death, resignation, expulsion or other causes, shall not be filed until the next Fire Board election. The remaining members of the Board shall perform required duties.
b. 
Any vacancy on the Board of Fire Officers with six months or more on the term, caused by death, resignation, expulsion or other causes, shall be filled by the appointing authority, upon the recommendation of the Milltown Fire Department.
[1984 Code § 18-7; Ord. No. 789 § 4; Ord. No. 05-1205 § 18-7]
a. 
The Board of Fire Officers shall have entire and absolute control over and management of the Fire Department and its government subject to the approval of the Borough Council.
b. 
In all cases of fire, the Chief of the Fire Department or, in his absence, the Assistant Chief shall have full power, absolute control and command and shall cause the pieces of apparatus to be worked in the most advantageous manner. In the absence of the Chief, Deputy Chief, and the Assistant Chief, the First Foremen arriving at the fire shall assume the duties and responsibilities of the Chief until the arrival of his superior officer. In the absence of any current officer, the top ranking ex-officer shall take charge until the arrival of any current officer.
c. 
In all cases of fire, the Incident Command System (ICS), as outlined by the New Jersey Office of Emergency Management and the New Jersey State Police, shall be instituted.
[1984 Code § 18-8]
The Board of Fire Officers shall report monthly to the Borough Council the condition of the various pieces of equipment and apparatus; the condition of hydrants; the number, date, cause, loss and location of all fires; the number in each company; the number of active members in the Fire Department; the resignations and expulsions; and the new members elected. The Board of Fire Officers shall include in its monthly report, as the occasion requires, recommendations for the improvement of the Department.
[1984 Code § 18-9]
The administrative functions of the Board of Fire Officers shall include the following:
a. 
It shall hold meetings monthly or more frequently for the transaction of all business of the Fire Department.
b. 
It shall select and appoint a clerk to keep all records required.
c. 
It shall adopt and amend from time to time a code of bylaws and rules for the control, management and government of the Fire Department and for the regulation of the proceedings and business of such Board, which code of bylaws and rules and all amendments thereto shall not become operative until presented to and approved by the Borough Council.
d. 
It shall devise forms or methods of keeping records and shall see that records are kept of all alarms of fires, fire losses, methods of extinguishment, drills, hose apparatus, minor equipment, condition of hydrants and starting of motors.
e. 
It shall prescribe uniform and designating devices as required.
f. 
It shall make rules concerning the resignation, transfer, retirement, expulsion or suspension of any members of the Fire Department, provided that the expulsion of any member is subject to the approval of the Borough Council.
[1984 Code § 18-10]
The Board of Fire Officers is hereby empowered, in accordance with proper legal procedures, to enter any buildings and premises at any reasonable time for purposes of inspection where accumulations of combustible materials or other hazardous conditions are liable to exist. It is further empowered to order such changes or removals as in its opinion and judgment are necessary to safety from fire.
[1984 Code § 18-11]
It shall be the duty of the Board of Fire Offices to keep the Borough Council informed of the condition of all apparatus and equipment of the Fire Department; to recommend the necessary replacement or purchase of additional apparatus and equipment; and to requisition the necessary supplies and repairs prior to the time actually needed.
[1984 Code § 18-12; Ord. No. 1205 18-12]
Each of the companies of the Fire Department shall choose from its members a Captain, First Lieutenant and Second Lieutenant, Secretary, Treasurer, Fire Police and Board of Trustees.
a. 
The Captain of each company shall be elected and serve for such term as shall be designated in the bylaws of each company.
b. 
The First Lieutenant and Second Lieutenant shall be elected and serve for such terms as shall be designated in the bylaws of each company and may not be elected for a second consecutive term to the same office.
c. 
The Secretary and Treasurer shall be elected for terms of one years.
d. 
The Fire Police shall consist of four men from each company and those elected shall serve terms of one year and shall be subject to the approval of the Board of Fire Officers before assuming their duties.
e. 
The Board of Trustees shall consist of three members with one elected each year for a three year term.
[1984 Code § 18-13; Ord. No. 05-1205 § 18-13]
All individuals applying for membership in either fire company shall be investigated by the Captain and the two Lieutenants of the respective company, and, if approved by the Captain and his company, their names shall be presented to the Board of Fire Officers for approval prior to being presented by the Board, in writing, to the Council, recommending appointment and confirmation.
[1984 Code § 18-14]
All resignations from the Fire Department shall take the same course as election to membership, as herein provided.
[1984 Code § 18-15]
The Borough Clerk shall keep an accurate muster roll of the members of the Fire Department and shall issue a certificate of membership in the Fire Department to each member elected and confirmed.
[1984 Code § 18-16; Ord. No. 05-1205 § 18-16C]
Election of officers in each company, including members to the Board of Fire Officers, shall be held each year at the December meeting, or such other meeting as may be approved by the Board of Fire Officers, which meeting date shall be the same for both companies.
a. 
The nomination of officers, including members to the Board of Fire Officers, shall be held at the monthly meeting prior to the meeting at which the election is to take place.
b. 
In the case of a member nominated to the Board of Fire Officers, only the members of the company from which such member is selected shall have the right to vote on his election.
c. 
In the case of a member nominated to the Board of Fire Officers, the members of the Milltown Fire Department shall vote on his election.
d. 
Members may vote by absentee ballot in the following manner:
1. 
A member desiring an absentee ballot shall request the same in writing at least three days prior to date of election.
2. 
A ballot shall be delivered to the member by the Board of Trustees. The member shall sign a statement that he received the ballot and personally cast his vote.
3. 
The ballot shall be returned to the Trustees in a sealed envelope and shall be delivered by them to the judge and tellers at the time of the election.
e. 
A majority of the total votes cast is necessary for election, and if no person received such a majority, a special election shall be held within 10 days between the two persons receiving the highest number of votes.
[1984 Code § 18-17]
a. 
Each new member shall be on probation during his first year of service and, if he fails to attend at least 50% of the official Fire Department duties during that first year, he may be dismissed by the unanimous vote of the Board of Fire Officers, provided that such action is taken by the Board of Fire Officers within 30 days following the end of the one year probation.
b. 
Any member of the Fire Department who fails to attend 50% of the official Fire Department duties for two consecutive calendar years shall be dismissed by the Board of Fire Officers within 30 days following the end of the second calendar year.
[1984 Code § 18-18; Ord. No. 05-1205 § 18-18]
a. 
Any Captain or Lieutenant or member of the Fire Department, while on duty, who shall refuse or voluntarily neglect to obey or execute any orders from the Officer of Commander in charge of any fire, shall, for such offense, be subject to suspension or expulsion from the Department by the Board of Fire Officers, in such manner and upon such hearing or trail as may be prescribed or provided for by the bylaws and/or rules of the Board of Fire Officers.
b. 
All charges for offenses or neglect of duty or insubordination while on duty or for infractions of this chapter or the bylaws and rules of the Fire Department shall be tried and determined by the Board subject, however, to an appeal from such decision to the Borough Council, which shall either confirm the action taken or authorize a retrial. The decision of the Board of Fire Officers at such a retrial shall be final and conclusive.
[1984 Code § 18-19; Ord. No. 05-1205 § 18-19]
Any member desiring to transfer his membership from one company to another shall present to the Board of Fire Officers a certificate in writing, signed by the Captain and Secretaries of both companies, showing the consent of each company to the transfer. Upon receipt of such certificate, the Board shall permit or deny the transfer, its decision being final and conclusive.
[1984 Code § 18-20; Ord. No. 05-1205 § 18-20]
The Secretary of each company shall submit, via the company Captain, such monthly reports as shall be required by the rules and bylaws adopted by the Board of Fire Officers.
[1984 Code § 18-21; Ord. No. 05-1205 § 18-21]
It shall be the duty of the Captain of each company to keep a permanent record of the fire and drill service of each member of his company, a copy of which shall be submitted annually to the Board of Fire Officers by December 1 of each year.
[1984 Code § 18-22]
a. 
The ownership of all apparatus and equipment of the Fire Department shall be vested in the Borough.
b. 
The Mayor and Borough Council are hereby empowered to purchase, if and when it shall be deemed necessary and possible to do so, whatever fire apparatus and equipment may be needed to provide adequate protection for the Borough against fire. The procurement of all material for the Fire Department shall be vested in the Mayor and Borough Council.
[1984 Code § 18-23]
a. 
In an emergency, when immediate repairs to the Fire Department apparatus and equipment are necessary, the Chief is empowered to authorize such repairs and report his action immediately to the Mayor and Council or their Borough properly constituted authority.
b. 
It shall be the duty of the Board of Fire Officers to appoint, by and with the consent and approval of the Mayor and Borough Council, eight qualified engineers or such other number as may be deemed necessary by the Board for each company of the Fire Department.
1. 
It shall be the duty and responsibility of the authorized engineers to maintain the Fire Department equipment and apparatus in good condition and ready for immediate service.
2. 
No one shall be permitted, except the authorized engineers, to tamper with, fix or repair any of such apparatus unless directed to do so by the Chief.
3. 
Under normal conditions, no one shall drive the automobiles or other vehicular apparatus of the Fire Department, except the regularly appointed engineers, unless directed to do so by a company, Foreman, the Chief or an Assistant Chief, and then only in the case of an emergency.
[1984 Code § 18-24]
a. 
The procurement by lease, by purchase or by construction of adequate housing facilities for Borough-owned fire apparatus, fire equipment and fire supplies is hereby vested in the Mayor and Borough Council.
b. 
The arrangement for the lighting for firehouses is vested with the Mayor and Borough Council.
c. 
The Mayor and Borough Council shall have full jurisdiction and control of all firehouses or parts of leased firehouses or other buildings wherein Borough-owned fire apparatus is stored.
[1984 Code § 18-25; Ord. No. 05-1205 § 18-25]
It shall be the duty of the Captain along with the Training Committee, to drill and instruct the department at least once per month.
[1984 Code § 18-27; Ord. No. 05-1205 § 18-26]
a. 
It shall be the duty of the Chief of the Fire Department to see that company officers have all hoses thoroughly cleaned after use at fires and drills and that no dirty hose is placed on apparatus.
b. 
The Chief shall have all new hose subjected to a test of 200 pounds of hydrostatic pressure and have all hoses tested annually at a hydrostatic pressure of 150 pounds.
c. 
It shall be the duty of the Chief to have all hose subjected to an annual test as recommended by NFPA standards.
[1984 Code § 18-28; Ord. No. 05-1205 § 18-27]
It shall be the duty of the Chief to see that company officers schedule qualified engineers to check apparatus daily and that a record to be kept of such operations at the company quarters.
[1984 Code § 18-29]
No Fire Department apparatus shall be let out for hire or let in any case, except upon consent of the Mayor and Borough Council and of the Chief of the Fire Department.
[1984 Code § 18-30; Ord. No. 05-1205 § 18-30]
a. 
The widow or minor child or children of any volunteer fireman who shall hereafter die as the result of injuries sustained in the course of performance of duty as a member of a Volunteer Fire Department regularly serving the residents of the Borough of Milltown shall be paid a pension.
b. 
Such pension shall be in the sum of $5,000 per annum, to be appropriated annually in the Borough budget and paid in the same manner as municipal employees are paid.
c. 
Such pension shall be paid to the widow during her widowhood or to the minor child or children of such fireman, if he leaves no widow surviving him, or to such minor child or children after the death of such widow.
d. 
Pension payments to a minor child or children shall cease upon such child or children attaining the age of 18 years.
[Ord. No. 05-1205 § 18-3]
All business matters shall be overseen by the President of the Milltown Fire Department and conducted in accordance with the bylaws of the Milltown Fire Department Incorporated.
[Ord. No. 01-1102, Preamble]
There is hereby created a Junior Firefighter's Auxiliary to be a part of the Milltown Volunteer Fire Department pursuant to N.J.S.A. 40A:14-95 et seq.
[Ord. No. 01-1102]
An individual shall be eligible to serve as a junior member commencing with his or her 14th birthday and until his or her 18th birthday.
[Ord. No. 01-1102]
All candidates for Junior Firefighter must meet all of the requirements of firefighters as set forth in this chapter and all other rules and regulations now in place or subsequently established by the Milltown Volunteer Fire Department and such qualifications and regulations as established by New Jersey Statute including but not limited to N.J.S.A. 40A:14-95 et seq. and any amendments or revisions thereto.
[Ord. No. 01-1102]
Members of the Milltown Junior Firefighter's Auxiliary must have written parental/guardian permission or required by New Jersey Statute 40A:14-96.