[Adopted 9-7-2021 by Ord. No. 1192-21[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Fire Department, adopted 5-26-1975 as Sec. 2-11 of the 1975 Code,
as amended.
A.
A Fire Department is hereby created and established for the Borough,
to consist of as many engine, hook and ladder, hose and salvage companies
as may, from time to time, be determined by resolution and adopted
at a regular meeting of the Mayor and Borough Council.
B.
The companies of the Fire Department shall be known and designated
without reference to their equipment as "Company No. One of the Old
Tappan Fire Department," each company adopting a numeral in the order
of its organization.
C.
The primary purpose of the Fire Department shall be to prevent and
extinguish fires within the Borough of Old Tappan, to respond to and
address emergencies affecting the health, safety and welfare within
the Borough, and elsewhere by prior agreement.
D.
The Department may also assist other municipalities as its resources
are available and may be needed in a cooperative effort for all of
these purposes, and will comply with any written mutual aid or shared
services agreements signed by the Mayor and Council of Old Tappan.
A.
A Fire Commissioner shall be appointed by the Mayor with the advice
and consent of the Council. The Fire Commissioner shall have direct
supervision of the Fire Department, subject to the approval of the
Mayor and the Council.
B.
The Fire Commissioner, who shall be appointed by the Mayor and approved
by the Council, shall be entitled to attend the regular monthly meetings
of the fire company and may, at the direction of the Mayor and Council,
act as their deputy. The Fire Commissioner shall also, at the request
of the fire company, act as its representative to the Mayor and Council
A.
The Fire Department shall consist of active firefighters, probationary
firefighters and junior/cadet firefighters. The complement of members
shall include all officers. Qualifications of active members shall
be:
(1)
Active firefighters. No person shall be appointed as an active member
of the Fire Department unless he/she:
(a)
Shall be a citizen of the United States, permanent legal resident,
or eligible to work in the US.
(b)
Shall be between 18 and 55 years of age (up to age 65 will be
permitted with a credit for up to 10 years of prior fire service experience
in another department).
(c)
Is of good moral character and free from conviction of any crime
constituting an indictable offense, or any crime or offense involving
moral turpitude.
(d)
Commit to responding to calls at all times of day and night,
based on availability.
(e)
Shall be physically and mentally fit to perform duties of a
firefighter, which shall be evidenced by a certificate to that effect
by a practicing physician of the State of New Jersey after examination
for that purpose. Any psychological, medical, or physical condition
or defect which would prevent efficient performance of the duties
of the position, cause the appointee to be a hazard to himself/herself
or others, or become aggravated as a result of performance of these
duties may be cause for rejection.
(2)
Probationary firefighters.
(a)
A probationary firefighter shall be a newly appointed member who has reached the age of 18 years and meets all other requirements of Subsection A(1). Probationary members shall attend and complete a New-Jersey-approved Firefighter 1 training program or equivalent course within 18 months of appointment. After completion of initial training, the member shall continue to serve a probationary period of a minimum of six months.
(b)
Newly appointed members who have previously completed their
initial firefighter training shall serve a probationary period of
a minimum of six months with the Department, which may be extended
at the discretion of the Chief.
(c)
Any junior member who has reached the age of 18 but is still
in high school must follow all provisions of the junior firefighter
ordinance until he or she has graduated high school or has an equivalency
certificate issued.
(3)
Medically unfit for duty.
(a)
Members deemed by psychological, medical, or physical examination
to be unfit for duty shall notify the Chief as soon as practical.
These members shall be removed from active duty upon recommendation
by the Chief to the Borough Council until such time as a physician
determines that such member should be reinstated to active firefighter
status.
(4)
Junior auxiliary firefighters.
(a)
A junior auxiliary firefighter shall be between the age of 15
years and 18 years of age.
[1]
Junior auxiliary firefighters shall meet all of the qualifications in Subsection A(1) hereof except for the age requirement and the requirement for a probationary period. In addition, they shall obtain and submit signed consents from their parents on forms provided by the Fire Department. They shall be residents of the Borough of Old Tappan or a contiguous New Jersey municipality.
[2]
There shall be a maximum of 10 junior auxiliary positions. In
the event that there are less than 10 junior auxiliary positions filled
by the Borough of Old Tappan residents, nonresidents residing in any
contiguous New Jersey municipality may become junior auxiliary members.
[3]
A junior firefighter 16 years of age or older may perform duties
at training events and emergency scenes as established by regulations
adopted by the Director of the Division of Fire Safety, provided:
[a]
The junior firefighter has been appropriately and
adequately trained to perform the duties;
[b]
The junior firefighter is appropriately and adequately
supervised in performing those duties at the training event or emergency
scene;
[c]
The junior firefighter's parent or guardian
has provided written permission allowing the junior firefighter to
perform those duties; and
[d]
The governing body provides insurance coverage
for the junior firefighter that is identical to that provided for
the regular members of the Fire Department.
[4]
A junior firefighter auxiliary member under 16 years of age
shall be limited to:
[5]
Subject to budgetary requirements, the Chief of the Fire Department
may grant a clothing allowance to junior auxiliary firefighters.
B.
Expulsion, suspension or reprimand of members. Any member of the
Fire Department may be expelled, suspended or reprimanded by resolution
of the Mayor and Council upon charges brought, in writing, by the
Board of Fire Officers and hearing thereon.
C.
Criminal history record check.
(1)
Any Fire Department applicant will submit to fingerprinting and criminal
history record check by the Old Tappan Police Department or other
third-party service approved by the Borough.
(2)
The results of the applicant's criminal history check will be
reviewed by the Old Tappan Police Department. The Chief of the Old
Tappan Police Department or his designee will provide a written statement
to the Borough Administrator stating that either the applicant has
no disqualifying criminal history or which summarizes any disqualifying
criminal charges or convictions. The Administrator will promptly advise
the Chief of the Department if the applicant meets the Borough's
standards for membership or, after consulting with the Borough Attorney,
advise the Fire Chief that the applicant does not meet these standards
and may not be granted membership. If an applicant wishes to discuss
the decision made related to him/her, he/she may meet the Administrator
and Attorney to review the basis for this determination.
(3)
Any person convicted of a crime of the first or second degree as
set forth under the New Jersey Code of Criminal Justice, or its equivalent
in any other jurisdiction of these United States, shall be ineligible
for membership in the Old Tappan Fire Department.
(4)
Any person(s) convicted of a crime of the third or fourth degree
under the New Jersey Code of Criminal Justice, or its equivalent in
any other jurisdiction of these United States, may be eligible subject
to review and recommendation of the Borough Council for membership
in the Old Tappan Fire Department.
(5)
No other Borough official or employee will be given access to nor
be informed of the information received from the State Bureau of Identification.
(6)
The Borough authorizes the Fire Department to pay any fee required
by the state or third-party service in relation to this investigation.
A.
The Fire Department, as well as each company, shall have power to
choose their officers by ballot and to determine the qualifications
of its members, except as hereinafter set forth and except that no
officers or members shall be installed until after approval by resolution
by the Mayor and Council.
(1)
The Chief of the Department and Deputy Chief shall be chosen by majority
vote by ballot of the members of all the companies of the Department
and shall hold office for one year and until their successors are
chosen.
(2)
Throughout the duration of his/her appointment, the Chief of the
Department shall reside within a four-mile radius from the Old Tappan
Fire House, located at 231 Old Tappan Road, Old Tappan, New Jersey.
The Mayor and Council may choose to waive this requirement by future
resolution.
(3)
Department officers shall be chosen by the majority votes by ballot
of the members of the respective companies and shall hold office for
one year and until their successors are chosen.
(4)
Department officers shall not also be officers in the Fire Department
of another municipality.
B.
All officers of the Department shall be collectively referred to
as the "Board of Fire Officers."
C.
Removal, suspension or reprimand of officers. Any officer of the
Fire Department may be expelled, suspended, demoted, or reprimanded
for cause by resolution of the Mayor and Council upon charges brought,
in writing, by the Chief or Board of Fire Officers and hearing thereon.
The Chief of Department may be expelled, suspended, demoted, or reprimanded
for cause by resolution of the Mayor and Council upon charges brought,
in writing, by the Fire Commissioner and hearing thereon.
A.
The Chief of the Department, or the officer highest in rank in the
Department, shall keep himself/herself informed as to the fire conditions
of the Borough and the conditions of the apparatus and personnel and,
if requested, report thereon, in writing, to the Mayor and Council
at their regular meetings in January, April, July and October of each
year, together with a report in detail of the service rendered by
the Department during the preceding three months.
B.
The Chief of the Department, or, in the absence of the Chief, the
highest ranking member of the Department present, at fires and at
all times on duty, shall have sole and absolute command of the officers
and fire fighters present and be responsible for their discipline
and efficiency.
C.
The Deputy Chief shall render such service and perform such duties
as the Chief may require. In the absence of the Chief, the Deputy
Chief shall assume his/her obligations, exercise his/her powers and
perform his/her duties.
D.
Authority of the officers while on duty shall be determined by grade.
All officers and fire fighters shall be subordinate to the Chief of
the Department. The first officers on duty at a fire shall exercise
command until his/her superior arrives. If two officers of the same
grade meet on duty, the officer longest in office shall take command.
A member or members arriving at a fire without an officer on the scene
shall be commanded by the most senior member qualified to command
a fire service operation.
E.
The Chief of the Department, or his designated representative, is
authorized to provide mutual aid services to any community or district
the Fire Chief, or his designated representative, deems necessary.
Every member of any volunteer fire company shall in each year
actively participate in the required percentage of fire calls and
drills as prescribed by each fire company. A record shall be kept
of such attendance and duty by the Chief of the Department, or his
or her designee, and reported to the Borough officers annually. Credit
for all service rendered shall be computed from May 27, 1942.
Exemption certificates shall be issued to any member of any
fire company who shall have served seven years in active duty.
Apparatus and appliances to be used in the Department for the
extinguishment of fires and for the protection of property exposed
to fire, or water used thereon, shall be such as the Mayor and Council
shall from time to time direct, and shall be purchased and owned by
the Borough, but shall be maintained and used by the Department. The
Mayor and Council may from time to time appropriate sufficient sums
for the proper maintenance and repair of the equipment and apparatus
of the Department and of the maintenance of the firehouses.
No company of the Department shall attend parades or other nonemergency
functions, or take apparatus outside of the Borough, except with the
consent of the Mayor, or in his or her absence, the permission of
the Fire Commissioner. When such consent is granted, it is with the
express understanding that the Fire Department shall provide a special
detail of its members, or coverage by a mutual aid department, which
shall hold themselves in readiness to tender fire duty should the
necessity occur while the fire company is away from the Borough. This
provision shall not apply in the case of training activities or an
appeal for help at a fire coming from a neighboring municipality or
mutual aid department.
A.
Each company shall have the power to adopt a constitution and bylaws
for its government not inconsistent with the provisions of this article.
A copy of said constitution and bylaws, and any amendments thereto,
shall be filed with the Borough Clerk.
B.
A complete and accurate membership roll of all volunteer fire companies
shall be kept on file with the Borough Clerk.
C.
The Chief of the Department, with consent of the Board of Fire Officers,
shall have the power to adopt standard operating guidelines ("SOG")
for its government and firematic operations not inconsistent with
the provisions of this article, New Jersey State law, and other applicable
laws, ordinances and regulations. The SOGs provide a detailed description
of operating rules for emergency situations, member qualifications
and training standards, and officer responsibilities.
