Article IXA Fire Department

The ultimate responsibility for adequate fire protection within the Township shall be with the Council, and to the extent required to ensure such protection, the Council shall have full charge and control of the Fire Department. The title to all fire equipment and apparatus shall be held by the Township. The Director of Public Safety shall act for and on behalf of the Fire Department to the fullest extent before the Council and within the Township government.

No fire apparatus shall be removed outside the limits of the Township without the express permission of the Fire Chief and the consent of the Director of Public Safety, except in an emergency. The Fire Chief shall have full control over the operation of the Fire Department and of its equipment and apparatus, subject to the Council, and he shall be responsible for the maintenance, care and proper condition of all equipment and apparatus of the Fire Department and for the management of the Fire Department. The Chief shall keep the Director of Public Safety informed as to the condition of apparatus and equipment and of such other matters as may affect the fire protection and the fire safety of the Township.

Membership. Members of the Department shall be chosen and admitted to membership or removed or expelled from membership in accordance with the constitution and bylaws of the company. Categories of membership shall be established by the constitution and bylaws. Current membership lists shall be filed with the Director.

Fire Department officers.

There shall be a Chief of the Pohatcong Township Fire Department.

Within the Huntington Volunteer Fire Company there shall be the following line officers: Assistant Chief, Captain, and one Lieutenant for each piece of apparatus. The line officers shall be elected by the membership in accordance with the constitution and bylaws.

There shall be the following executive officers: President, Vice President, Secretary, Treasurer, Relief Representative, Sergeant-at-Arms, Chaplain and Trustees. The executive officers shall be elected by the membership in accordance with the constitution and bylaws.

Except as set forth in this chapter, local ordinances and general laws, the duties of all officers shall be prescribed by the constitution and bylaws.

Duties of Fire Chief. The Chief shall be the chief operations officer. He shall:

Take command at fires.

Take command in any emergency under the jurisdiction of the Fire Department.

Take command at all meetings for exercise.

Grant leaves of absence from fire and drills.

(5)

Report all delinquents to the company.

(6)

Provide the Director of Public Safety with current lists of officers and with current membership lists.

(7)

Prepare an inventory of equipment and apparatus, which shall be submitted to the Director on or before December 1 of each year.

(8)

Prepare an annual budget, which shall be presented to the Council in November of each year.

Management. The Chief shall utilize any equipment, property or personnel of the Fire Department, which he deems necessary in the fighting of fires, performance of the Department in other emergencies and in drills and in providing outside aid. He shall formulate rules and regulations pertaining to signals of alarm, testing of alarms and procedures for answering alarms, and such other regulations as are deemed required for the efficient operation of the Department. The Chief may order the detachment of officers and of members to other fire companies within the Department with the approval of the members of the companies affected. Notice of such detachments shall be provided to the Director.

Equipment and facilities: All fire-fighting equipment and apparatus purchased with the Township funds in whole or in part is the property of the Township and is to be housed in buildings owned and maintained by the Township or by the Huntington Volunteer Fire Company Association.

Insurance. The Township shall provide insurance and workmen's compensation covering any member of the Fire Department killed or injured during the performance of his duties as a fireman.

Succession.

In the event of the death, disability or resignation of any company officer or Fire Department officer, personnel below the officer affected will be promoted to fill the vacancy. All such replacements shall serve until the completion of the unexpired term of their predecessor, at which time officers shall be elected in accordance with the constitution and bylaws.

§ 4-48.1 Reimbursement for costs associated with incident response.

Vacancies produced by succession to higher office shall be filled as they occur by nomination and election by the company.

Authority at fires. In the absence of a chief officer at a fire, the first line officer to arrive at the scene shall assume command until the arrival of a chief officer. In the absence of a line officer, the first executive officer present shall assume command until the arrival of a line officer. In the absence of an officer, the first senior man to arrive at the scene, other than the driver, shall assume command until the arrival of an officer. The person in command at a fire or other emergency shall have full police authority and is authorized and directed to require and secure the removal of any and all obstruction in and around the danger zone and is authorized to request assistance from other municipal departments as may be required in the performance of the duties of the Fire Department.

Entry to premises. The Fire Department shall be authorized to enter upon, without hindrance or fee, all premises, grounds, structures, buildings, vehicles and passages to acquire water from pools, ponds, lakes, rivers, streams, brooks or other water supplies whenever necessary in the performance of its duties. Authorized purposes for such entry shall include fire fighting and inspections of buildings, public or private, suspected of fire damage.

Definitions. As used in this section, the following terms shall have the meanings indicated:

COSTS

All costs incurred by the Pohatcong Township Volunteer Fire Department, including but not limited to the following: actual labor costs of personnel, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation; cost of materials; and the cost of any outside contract for labor and materials.

DEPARTMENT

The Pohatcong Township Volunteer Fire Department.

DISCHARGE

Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance into the water, onto the land, or into the air.

HAZARDOUS SUBSTANCE

Any and all elements and compounds, including petroleum products, which are defined as such by the New Jersey Department of Environmental Protection or as are defined in the N.F.P.A. Guide of Hazardous Materials, or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency, or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency.

INCIDENT

All emergencies requiring the call out of the Department, including but not limited to, motor vehicle accidents, structure fires, alarm responses, and rescues.

MATERIALS

All materials, including, but not limited to, firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment, such as acid suits, acid gloves, goggles and protective clothing.

PERSON

Any public or private corporation, company, association, society, firm, partnership, joint-stock company, individual, or other entity.

PETROLEUM PRODUCT

Oil or petroleum of any kind and in any form, including, but not limited to, oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.

Authorization to recover costs and expenses. The Township Council of the Township of Pohatcong authorizes the Department to recover all costs and materials as defined herein expended by the Department in response to any incident as defined in this section.

Schedule of fees and costs. The fees and costs to be charged and invoiced by the Department to any person or its insurance carrier for whom or for whose property such services were rendered and/or materials provided shall be the fees and costs established in the current FEMA schedule, as the same may be amended from time to time. The Township Council may revise and amend the fees and costs to be charged from time to time, by resolution, to be available for distribution to any person for which reimbursement is sought.

Persons responsible for reimbursement to Department. Reimbursement to the Department as hereinbefore indicated shall be made by:

The person(s) that own or operate any vehicle responsible for hazardous material fire, discharge of hazardous material, or any other condition resulting from any accident or incident requiring the call out of the Department and its expenditure of costs;

Any person(s) who own real or personal property responsible for hazardous material fire, discharge of hazardous material, or any other condition resulting from any accident or incident requiring the call out of the Department and its expenditure of costs;

The person(s) that own or are responsible for any vessel containing the hazardous material involved in such fire or discharge, whether stationary or in transit, and whether accidental or negligent;

The owner or person(s) responsible for any property from which any discharge of hazardous material emanates, whether accidental or through negligence; and

(5)

The person(s) responsible for any incident as defined herein that requires the call out of the Department and the Department's incurring of costs.

Third-party billing agent. The Department is hereby authorized, in its discretion, to bill and collect costs due to it under this article through a third-party billing agent, provided that any such agreement with any professional agency engaged in the business of emergency response billing shall be subject to the approval of the Town Council.

Collection of costs. Said costs and fees as outlined above and as set forth on the schedule of fees and costs herein shall be recovered directly by the Department, or through a third-party professional agency engaged in the business of emergency response billing under a contract with the Department, by billing to the responsible party.

Interest and administration fees. In addition to the aforementioned fees and costs, the Department is hereby authorized to collect reasonable interest and administration fees for the collection of the fees and costs due and owing from the insurance companies or responsible parties for the services rendered and/or materials provided.

Report to Township Council. The Department shall provide, not less than quarterly, a report to the Township Council detailing all billing and receipts under this article.

Time limit for reimbursement. Any person(s) responsible for any vehicle fire, discharge of hazardous materials, structure fire, or other incident as defined in this section shall reimburse the Department pursuant to the schedule of fees hereunder or provide proof that it has submitted a claim to its insurance carrier for payment within 45 days after receipt of a statement from the Department outlining said costs and expenses. These provisions shall be subject to the following:

Persons receiving services from the Department shall cooperate with the Department or other billing personnel hired by the Department to secure full payment for services rendered from any necessary insurance carrier.

Due to anticipated time requirements for the preparation and processing of insurance claims, parties that have provided proof of a claim to their insurance carrier shall not be charged interest or be subject to penalties hereunder.

Responsible person(s) under this chapter shall ensure that the Department is authorized to receive any payments from an insurance carrier as required by this article.