Chapter 45 Fire Department <a id="ref6278895-1" href="#ft6278895-1" class="footnoteref" > [1]

§ 45-1 Establishment; companies and members.

Editor's Note: Provisions of law relative to the establishment, operation and maintenance of fire departments are set forth in N.J.S.A. 40A:14-7 et seq.

There is hereby established in the City of Long Branch a division of fire, commonly known as the "Fire Department," the membership of which shall consist of not more than 600 active members duly enrolled and distributed among the different companies as follows:

The Oceanic Fire Engine Company No. 1 shall consist of 100 members as follows: 60 members on the engine and 40 members on the truck of the company.

The Atlantic Engine and Truck Company No. 1 shall consist of 100 members as follows: 60 members on the engine and 40 members on the truck of the company.

The Independent Engine and Truck Company No. 2 shall consist of 100 members as follows: 60 members on the engine and 40 members on the truck of the company.

The West End Engine Company No. 3 shall consist of 60 members.

The Elberon Engine Company No. 4 shall consist of 60 members.

The Oliver Byron Engine Company No. 5 shall consist of 60 members.

The Neptune Hose Company No. 1 shall consist of 40 members.

The Phil Daly Hose Company No. 2 shall consist of 40 members.

The Branchport Hose Company No. 3 shall consist of 40 members.

Uniformed Fire Division (UFD).

[Added 6-27-2017 by Ord. No. 13-17]

§ 45-2 Election of officers.

Certified list of members. By the first Monday in November of each year, the recording secretary of each respective company shall furnish the City Clerk with a certified list of names of all active members of the company whose dues are paid to October 1 of that year and who are members in good standing, with the exception of § 45-1J. No member whose name does not appear on the list shall be entitled to vote for any officer at the ensuing election of officers of the Fire Department. If no list is supplied, that company shall not be eligible to vote.

[Amended 6-27-2017 by Ord. No. 13-17]

Nomination of candidates.

Each respective company, with the exception of § 45-1J wishing to place a candidate in the field for Second Assistant Chief shall nominate and certify a candidate by September 1 of each year and submit the name of that person to the City Clerk. Each person nominated for Second Assistant Chief must meet the requirements set forth in § 45-3C(1) and, on or before September 1, have all of the necessary certifications as required.[1]

[Amended 2-13-2007 by Ord. No. 2-07; 2-10-2015 by Ord. No. 1-15; 6-27-2017 by Ord. No. 13-17; 8-23-2023 by Ord. No. 23-23]

Editor's Note: Former Subsection B(2), regarding waiting periods for candidates, which immediately followed, was repealed 8-23-2023 by Ord. No. 23-23.

Elections.

On the first Tuesday after the first Monday in December of each year, the members of the Fire Department whose names have been furnished to the City Clerk and certified as required in Subsection A shall elect a Second Assistant Chief of the Fire Department. The individuals serving in the positions of Second Assistant Chief and First Assistant Chief for the year shall automatically assume the positions of First Assistant Chief and Chief respectively.

The election shall be held in a location designated by the Director of Public Safety. The polls shall be open from 6:00 p.m. to 9:00 p.m. of the day appointed for holding the election. A challenger representing every company having a candidate for office shall have the right to be present at the Election Board, with a certified list of qualified voting members furnished by the City Clerk, and shall have the right to challenge any disputed vote. At the time of voting, each qualified voter shall sign his/her name on a separate list furnished by the City Clerk. A statement that outlines the results of the election, including the names of all persons who voted, shall be signed by the Judge and members of the Election Board and shall be forwarded to the City Clerk immediately after tabulating. Voting shall be by paper ballot in uncontested elections, and by voting machines in contested elections. The statement shall be compared by the City Clerk with the certified lists furnished to him/her and submitted to the Council at its next regular meeting after the election. The Council shall have the power to check the returns and declare the results. The person declared to be elected as Second Assistant Chief and the persons automatically assuming the positions of First Assistant Chief and Chief shall hold office for one year from the first day of January ensuing. In the event of a tie vote for Second Assistant, a new election shall be held one week later.

[Amended 8-23-2023 by Ord. No. 23-23]

Election Board. Each fire company, with the exception of § 45-1J shall elect an Election Board member from its members in good standing, which Board shall conduct the succeeding election. The members of the Election Board shall choose a Judge, Inspector and Clerk. Sample ballots shall be printed by the City Clerk and approved by the Fire Chief at least one week prior to the election. Said sample ballots shall be distributed, one to each company. The election shall be under the supervision of the Fire Chief. If any member of the Election Board is unable to serve, the company may appoint an alternate.

[Amended 6-27-2017 by Ord. No. 13-17]

§ 45-3 Officers; powers and duties.

[Amended 11-26-2013 by Ord. No. 15-13; 2-10-2015 by Ord. No. 1-15; 6-27-2017 by Ord. No. 13-17; 3-11-2020 by Ord. No. 17-20; 8-23-2023 by Ord. No. 23-23; 9-25-2024 by Ord. No. 17-24]

Enumeration.

The officers of the Long branch Fire Department shall consist of a Chief, First Assistant and Second Assistant Chiefs, Battalion Chief (UFD), Captain, Captains (UFD), Assistant Captains and Lieutenants of respective companies. Members of § 45-1J will not be eligible for any of the before-mentioned officer positions. Where applicable, the members of the UFD will be governed by the New Jersey Civil Service Commission for hiring and promotions. When on duty all officers shall wear hats on which shall be emblazoned the names of their respective offices.

The Captains, Assistant Captains and Lieutenants shall be elected by their respective companies as prescribed by their bylaws, in addition to meeting the current mandatory requirements of the State of New Jersey.

General duties of the Chief. The Chief of the Fire Department shall:

Have full and complete control of all Fire Department equipment and personnel, being held accountable for his/her actions to the Director of Public Safety, and make such written and verbal reports as the Director of Public Safety may require; be responsible at all times for the maintenance and distribution of all city-owned equipment, apparatus and housing; and be responsible for all budgeting matters concerning the Long Branch Fire Department. All other officers affiliated with the Long Branch Fire Department shall be accountable to the Chief or such officer as shall be appointed Acting Chief in his/her absence.

Formulate rules and regulations to govern the Department, subject to approval of the Director, and be responsible for the personnel, morale and general efficiency of the Department.

Be responsible for all volunteer appointments, including all Acting Chiefs, and oversee all inter-Department groups, agencies, committees and divisions. Acting chiefs must be appointed from the roles of the former Department fire chiefs and conform to § 45-3C(2).

Assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the origin and circumstances of all fires of questionable origin.

(Reserved)[1]

Editor's Note: Former Subsection B(5), which required the Fire Chief, between his/her election and the start of his/her term, to establish a schedule of designations, was repealed 2-10-2015 by Ord. No. 1-15.

The Chief shall report to the Director of Public Safety as to the supplies requested and recommend purchase of necessary items under the circumstances. The retiring Chief shall give to the Incoming Chief a copy his/her recommendations.

(7)

The Fire Chief shall provide to the Public Safety Director a periodic report as to the status of all fire apparatus and the buildings in use for the protection of same.

(8)

The Chief of the Department shall report in writing, on a quarterly basis, to the Council of the City of Long Branch regarding activities involving repair and/or replacement of equipment. Said reports shall cover both paid and volunteer portions of the Department. Copies of said reports shall be reported to the Director of Public Safety.

Chief and Assistant Chief; eligibility; removal; succession.

No persons shall be eligible for the office of Chief or Assistant Chief unless he/she is a resident of the City of Long Branch, Borough of Oceanport, Borough of West Long Branch, Borough of Deal, Borough of Monmouth Beach, Borough of Eatontown, Borough of Sea Bright, or the Township of Ocean, and shall remain a resident of one of these municipalities during his/her term of office. No persons shall be eligible for the position of Chief or Assistant Chief until he/she has been an active firefighter of the City at least five years next preceding his/her election and has served his/her respective company as a line officer for three years, one of which as company captain, or has served in those positions within the fire company/department in a designated town. Proof of having served in those positions will require a letter from the company/department. No person shall be eligible for the office of Chief or Assistant Chief unless he/she has a high school diploma or equivalent, in addition to meeting the current mandatory requirements of the State of New Jersey, as defined in N.J.A.C. 5:73-1.6 or its successor regulation or statute as defined by the New Jersey Department of Community Affairs. Each candidate running for the position of Chief or Assistant Chief shall supply to the Public Safety Director on or before September 1 the necessary certifications as outlined below. A candidate for the position of Second Assistant Chief need not have been awarded the certification for Fire Officer 1 prior to election but must obtain same within one year of election and before elevation to the position of First Assistant Chief or Chief. A Second Assistant Chief shall not command a fire scene until they have obtained the Fire Officer 1 certification. The Public Safety Director shall certify, by October 1, that said candidate(s) have met all the necessary requirements.

(a)

Firefighter 1: certificate issued by the New Jersey Division of Fire Safety.

(b)

Pump operations. Certificate issued by an accredited fire service organization.

(c)

Truck company operations. Certificate issued by an accredited fire service organization.

(d)

Aerial placement class. Certificate issued by an accredited fire service organization.

(e)

Fire Officer 1: certification issued by the New Jersey Division of Fire Safety.

(f)

Incident Management Level 1: certificate issued by the New Jersey Division of Fire Safety.

(g)

Incident Management Level 2: certificate issued by the New Jersey Division of Fire Safety.

(h)

Incident Management Level 3: certificate issued by the New Jersey Division of Fire Safety.

(i)

All Fire Chiefs will also have completed NIMS training and have certifications in Incident Management Level 1, 2 and 3 prior to taking office.

In the event that a vacancy occurs in the position of Chief during the term of office, the next ranking officer may become Chief or an ex-Chief may be appointed Acting Chief by the Director of Public Safety, to finish the remaining term of office. In the event that a vacancy occurs in the position of First Assistant Chief during the term of office, the next ranking officer shall become the First Assistant Chief and automatically become Chief at the next election. The Company whose member occupied the position of First Assistant Chief shall have the privilege of nominating a candidate for the office of First Assistant Chief at the next election. If the office of Second Assistant Chief becomes vacant because of this succession, an ex-Chief may be appointed Acting Second Assistant Chief by the Director of Public Safety, to serve until the next election. All appointees shall comply with § 45-3C.

In the event that a vacancy occurs in the position of Second Assistant Chief during term of office, the Company whose member occupied that office shall appoint a Second Assistant Chief to fill the vacancy. That person shall be approved by the City Council and comply with § 45-3C.

In the event of the death of all three Fire Chiefs, the Director of Public Safety shall appoint three ex-Chiefs from the respective companies of the deceased officers to fill the vacant offices as follows: Chief for the unexpired term of the deceased; First Assistant Chief for 30 days; Second Assistant Chief for 30 days; at which time a new election shall be held for the election of a new First Assistant Chief and Second Assistant Chief.

A Chief may be removed from his/her office by the Public Safety Director, for cause, upon written charges, after an opportunity to be heard provided before the Director. A Chief may also be recalled from office for cause connected with his/her office upon the filing of a recall petition signed by at least 25% of the active fire fighters of the City as determined by the list on file with the City Clerk. The petition shall set for a statement of the cause upon which the removal is sought. The procedures set forth in N.J.S.A. 40:69A-1 through and including N.J.S.A. 40-69A-173 on signatures, removal, notice and ballots, and N.J.S.A. 40:69A-177 on publication and results, shall apply to any such recall. In the event of a successful recall, succession in office shall be as provided in this Subsection C.

In the event that no candidate is certified by the Public Safety Director to have met the requirements to run for second Assistant Chief as outlined in § 45-3C(1) by October 1, the Public Safety Director may call for a Special Election at a later date. The Public Safety Director will provide the fire companies with 30 days' notice in which to present all qualified candidates for certification. A Special Election will then be held within 30 days of a candidate(s) being certified following the procedures outlined in § 45-2C.

Duties at fires.

The Chief and Assistant Chief shall attend fires and are hereby empowered and required to take charge of any structure or area which may be on fire or endangered by fire. They shall admit only fire fighters, officers of the law and such people as they may designate to be necessary to aid in the extinguishment of the fire and the preservation of life or property. They shall give orders for and supervise the removal of all property endangered by fire and may lawfully enter and examine any building or place on the premises or vessel where any gunpowder or other explosive, inflammable or hazardous materials may be kept. The Chief or Assistant Chiefs may, in writing, direct the removal or securing of any such materials. He/she shall, in all cases of fire threatening danger or destruction of property, take prompt and efficient measures to extinguish the same, and shall at such times and on such occasions of alarm of fire have absolute control and command over all fire apparatus and members of the Department and over all other fire apparatus and persons aiding or assisting the Department at any fire. The Chief and Assistant Chief shall be in charge of Fire Department equipment and personnel and incidents and operations, other than fires, involving the Fire Department in either a support or primary role.

§ 45-4 Fire fighters Uniformed Fire Division (UFD).

In the absence of the Chief, his/her command shall devolve upon and his/her duties shall be performed by the Assistant Chiefs or, in their absence, by the first arriving ex-Fire Chief who possesses the knowledge and expertise to handle said command and is qualified at the time of arrival, including being in possession of appropriate training and update classes at the time, or, in his/her absence, by the first arriving Company Captain.

[Amended 9-25-2024 by Ord. No. 17-24]

Uniformed Fire Division. The full-time drivers of the fire apparatus of the City of Long Branch, who are now so employed or who may hereafter by appointed, shall be and are hereby designated as "fire fighters, UFD." Members of the UFD shall be under the command of the Fire Chief and his two assistants at fires or any operation involving the Fire Department. With the approval of the Public Safety Director and/or Fire Chiefs, the UFD Battalion Chief and/or UFD Provisional Battalion Chief shall be in charge of all other day-to-day operations involving the fire fighters (UFD). The chain of command shall be that the Fire Battalion Chief, if available, shall supersede all other UFD officers. In the event that the Battalion Chief is unavailable, then the Provisional Battalion Chief shall be in charge of all other day-to-day operations involving the Uniformed Fire Department. In the event that the Provisional Battalion Chief shall not be available, the Fire Captain as directed by the Director of Public Safety and/or Fire Chief shall be in charge of the day-to-day operations involving the fire fighters UFD.

Fire fighters UFD; superior officers. One of the fire fighters UFD shall be appointed and designated as UFD Battalion Chief by the appointing authority, Director of Public Safety, pursuant to the rules and regulations of the Department of Personnel. The UFD Battalion Chief shall, in addition to his/her normal duties as fire fighter UFD, with the approval of the Public Safety Director and/or the Fire Chief, supervise the Fire Captain and all other fire fighters UFD in the performance of their duties except during fire calls.

Appointment; removal; suspension. The fire fighters UFD, including Captains and Supervisor, shall be appointed by the appointing authority that is authorized to formulate rules for the qualifications and government of fire fighters, and they shall be subject to such rules. For inefficiency or any infraction of the rules or other provisions of any ordinance of the City of Long Branch relating to the fire fighters or for any other misconduct deemed sufficient, fire fighters may be subject to temporary suspension or to any other penalty which may be now or hereafter prescribed by the Business Administrator or Director of Public Safety in conformance with Department of Personnel regulations. No fire fighter shall be subject to permanent removal except by having charges preferred upon him/her and a hearing before the Director of Public Safety on notice and in conformance with Department of Personnel regulations. Any complaint of a violation or infraction of rules or regulations against a fire fighter UFD shall be made to the UFD Battalion Chief for appropriate disciplinary action. Any such allegations against the UFD Battalion Chief shall be made to the Chief, who shall investigate the matter and file a report with the Director of Public Safety for appropriate action. Fire fighters shall wear suitable uniforms as may be designated by the Director of Public Safety and Fire Chief.

Assignment. The Director of Public Safety shall assign fire fighters to the various fire companies of the city.

Appointment.

All applicants for appointment to the Fire Department shall be qualified for appointment as required by law, ordinance and Civil Service rules and regulations. All applicants for appointment shall be residents of the City of Long Branch and must maintain continuous residency within the City of Long Branch from the announced closing date of the Department of Personnel examination up to and including the date of appointment.

All applicants falling in Class 1 shall be appointed first, and then those in each succeeding class in the order above listed, and no person shall be appointed to fill a vacancy until all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.

Pursuant to the provisions of Title III of the Revised Statutes, the classes of qualified applicants defined in Subsection E(1) shall be considered as separate and successive lists of eligibles, and the Civil Service Commission shall, when requested to certify eligibles for positions specified in this section, make such certifications from any such class until all persons in the preceding class or classes have been appointed or have declined offers of appointment.

This section shall apply only to initial appointments and not to promotional appointments of persons already members of the Fire Department.

In making temporary appointments, the Fire Department may utilize the classifications set forth in Subsection E(1) and shall certify accordingly all duly qualified applicants for the positions to be temporarily filled.

§ 45-5 Fire police.

[Amended 8-23-2023 by Ord. No. 23-23]

The Fire Department shall have a fire police organization which shall be made up of members of the various fire companies. They shall be elected at the company's regular election and their names submitted to the Fire Chief for approval by the Director of Public Safety. The fire police shall have the power to provide for the election of officers. They shall manager their own affairs under rules and regulations adopted by them and subject to the approval or disapproval of the Fire Chief. The fire police shall assist the Chief or Assistant Chiefs by doing general police duty as directed by the Chief or his assistants.

§ 45-6 Membership.

[Amended 5-12-2015 by Ord. No. 6-15]

Qualifications. Effective January 1, 1988, no person shall become an active member of the Fire Department of the City or any company thereof unless he/she is 18 years of age and not over age set forth in N.J.S.A. 40A:14-56 and is a citizen of the United States. He/she shall be physically fit to perform the duties of a firefighter, such fitness to be evidence by a certificate of a practicing physician of the State of New Jersey, after physical examination made for that purpose. He/she shall be a resident of or work in the City of Long Branch or one of the bordering towns listed in § 45-3C(2). A candidate for membership residing or working in any other town may be approved for membership by a company. The membership of such a person in the Fire Department shall be subject to the approval of the Council.

Procedure.

Every person seeking to join the Fire Department shall make application to the company he/she wishes to join in the manner provided by this section. Upon his/her election to membership and completion of Subsections D, E, F and G of this section is to be scheduled for confirmation by the Council, he/she shall become a member in good standing of the Fire Department, and his/her name shall be entered on a roll of firefighters of the City of Long Branch. He/she may be given a badge of membership in his/her unit by his/her company and which shall be delivered to the company secretary at any time upon demand of the Chief, or whenever the member is under charges involving moral turpitude or neglect of duty, or any act which may post a health or safety risk to another member or for any cause, or ceases to be an active firefighter.

Any person seeking to join the Fire Department as an honorary member shall make an application to the company which he/she desires to join. Upon election to honorary membership, according to the rules of the company and a confirmation by the Council, he/she shall become a member in good standing of the Fire Department, and his/her name shall be entered on a roll of honorary firefighters of the City of Long Branch. The honorary status may be revoked, with or without cause, upon demand of the Public Safety Director, the Chief, or by action of the company to which the individual belongs.

Any person obtaining membership to the Department and participating in fire fighting activities must meet and comply with the state-mandated training requirements within the time allowed by the state. Specialized units with the department must comply with their own mandated training.

This section is enacted pursuant to N.J.S.A. 40:42-1 et seq. in order to implement N.J.S.A. 15A:2-1 and 15A:2-7. The Home Rule Act directs municipalities to act for the health, welfare and safety of its citizens.

Any person desiring membership in a volunteer fire department/rescue squad shall complete an application, provided by the Director of Public Safety, which shall contain the following information about the applicant:

Name.

Home address.

Birth date.

Social Security number.

Driver's license number.

§ 45-8 Exemption certificate; benefits.

Any conviction of a crime or disorderly persons violation.

(7)

Such other information as the volunteer fire department/rescue squad deems relevant to the application, provided that said information is not prohibited by law.

Upon approval of the application by the Fire Company, the applicant shall take the application to the Long Branch Police Records Bureau who shall initiate an investigation to ascertain the truth of the statements made by the applicant upon his/her application and any such other investigation of the applicant's background deemed necessary for the protection of the public good. If, as a result of such investigation, the applicant is found to have been convicted of a crime or disorderly persons violation, or there is any other information that would indicate the applicant may be a threat to the health, safety or welfare of the community, the Public Safety Director shall report such information and the particulars thereof to the volunteer fire department/rescue squad.

In connection with said investigation, the applicant shall submit to fingerprinting, and the Public Safety director or his/her authorized designee is authorized to submit the applicant's fingerprints and receive state criminal history record information from the Division of State Police/State Bureau of Identification for use in considering the suitability of all applicants covered under this chapter.

Any conviction of a crime under N.J.S.A. title 2C:1-4 after June 1, 2015, by any member, either active or honorary, shall result in a review by the Director of Public Safety. This review may result in termination of membership of the department.

This section is intended to make the volunteer rescue squad an authorized agency as defined by N.J.A.C. 13:59-1.1.

The above investigation by the Public Safety Director shall be completed within 30 days of receipt of the application and the fingerprinting of the applicant. The applicant has six months to complete the process.

§ 45-7 Duties of fire fighters.

It shall be the duty of each volunteer fire fighter to report immediately to wherever any fire or incident/operation involving the Fire Department shall occur in the city, unless otherwise directed by the Chief or any Assistant Chief.

It shall be the duty of each volunteer fire fighter to familiarize himself/herself with the Department's standard operating guidelines and the chain of command.

[Amended 1-28-2003 by Ord. No. 1-03]

It shall be the duty of each volunteer fire fighter to attend Department training classes and stay current with all mandated state and local training.

[Amended 6-27-2017 by Ord. No. 13-17]

Every active member of company's § 45-1A, B, C, D, E, F, G, H, and I within the Fire Department shall in each year perform at least 50% of duty to be composed of actual attendance and duty at fires and drills, and a record shall be kept of such attendance and duty by the company Captains and the Chief of the Fire Department and annually reported to City officials and the secretary of the local Fireman's Relief Association to qualify for exempt certificates and state benefits. The UFD Commander must report all qualified members of § 45-1J annually to City officials and the secretary of the local Fireman's Relief Association.

§ 45-9 Disciplinary actions.

The Chief is empowered to suspend from duty any company or any member of any company for disobedience of his/her orders or the orders of the officer in command when on duty. Any person so suspended may appeal, in writing, to the Director of Public Safety, who shall investigate the charge and the suspension and report thereon to the Council. After due hearing, the Council shall by a majority vote of all its members affirm, modify or reverse the suspension.

Any member of the Fire Department may be suspended or expelled by the Director of Public Safety for any willful disrespect, insubordination or disobedience of the rules of the Fire Department, ordinances of the city, or for counseling, aiding or abetting any person in the doing of any act which may hamper or interfere with the efficient service of the Department. Any person so charged shall be served with a written or printed copy of the complaint made against him/her, shall be entitled to a hearing at least five days subsequent to service upon him/her, and his/her suspension shall require a majority vote of all members of the City Council.

All disciplinary actions shall be subject, where applicable, to the provision of Title 11 of the Revised Statutes[1] and rules and regulations made thereunder, and to the requirements of N.J.S.A. 40A:14-19 through 40A:14-22.

Editor's Note: L. 1986, c. 112 enacted new Title 11A, Civil Service, and repealed former Title 11, Civil Service. (See § 11A:12-3.)

§ 45-10 General regulations.

Apparatus. No fire apparatus shall leave the City except by permission of the Chief, Assistant Chief or appointed Acting Chief, provided that, in case of necessity by reason of fire, the Mayor or Director of Public Safety may permit any apparatus to leave. No fire apparatus shall be used for any mere trial of skill or power except with the consent of the Director of Public Safety. When an alarm is received and the answering company sees that the fire is in a neighboring community, the ranking officer shall use best judgment in deciding whether to leave the city. No City building used for the keeping of any fire apparatus or any portion of any building rented or owned by the City shall be used for any other purpose without the consent of the Council.

Interference with Department orders. While on duty, a fire fighter shall conform with the directions given by the Chief, Assistant Chiefs or, in their absence, by the next officer in line under the chain of command, to manage the fire apparatus with all his/her skill and power, and when the fire is extinguished, he/she shall not leave except by direction of the Chief or Assistants, and, on such direction being given, shall return the fire apparatus to the fire house.

Alarms. Response to alarms is dictated by Department SOG's.

[Amended 1-28-2003 by Ord. No. 1-03]

Miscellaneous.

No person who has been suspended or expelled from the Fire Department shall concern himself/herself in any manner with any apparatus belonging to the Fire Department.

No person shall at any time willfully drive or cause to be driven any vehicles over any hose or other fire equipment.

No person shall raise or cause to be raised any false alarm.

§ 45-11 Promulgation of rules and regulations.

No person shall refuse or neglect to remove any gunpowder or other explosives or inflammable material from any premises when ordered to do so by the Chief or an Assistant Chief.

Table of Organization. The structure of the Long Branch Fire Department consisting of the Volunteer Fire Division and the Uniformed Fire Division, shall be as designated on the Table of Organization, created by with the Director of Public Safety of the City of Long Branch.

[Amended 8-23-2023 by Ord. No. 23-23]

[Amended 8-23-2023 by Ord. No. 23-23]

The Director of Public Safety shall have the power to promulgate rules and regulations for the government of the Department not inconsistent with law, with this chapter or with any rules or regulations adopted by the Council. These rules shall not be effective unless and until a copy thereof has been delivered to each member of the Department.

§ 45-12 Ladies Auxiliary. [1]

[Amended 8-23-2023 by Ord. No. 23-23]

There is hereby established in the Long Branch Fire Department a Ladies Auxiliary. Prospective members shall make application for membership in such fashion as prescribed in § 45-6. If accepted, membership shall be classified as honorary membership. The Ladies Auxiliary shall have the authority to provide for the election of officers. It shall manage its own affairs under rules and regulations adopted by it and approved by the Long Branch Fire Chief. The Ladies Auxiliary shall assist the Chief or Assistant Chiefs by providing support services as directed by the Fire Chiefs.

Editor's Note: Former § 45-12, Ex Chief's Advisory Council, and § 45-13, Reserved, were repealed 8-23-2023 by Ord. No. 23-23. This ordinance also renumbered former §§ 45-14 and 45-15 as §§ 45-12 and 45-13.

§ 45-13 Exemption from fees.

Definitions. The following definitions shall apply to the provisions of this section:

ACTIVE MEMBER

Individuals in any volunteer organization who meet the definition of either "active member" or "active life member" as established by the bylaws of the voluntary organization as are in effect on the effective date of this section. Probationary members are specifically excluded from this definition. This is not to include members of § 45-1J.

[Amended 6-27-2017 by Ord. No. 13-17]

FAMILY

An active member, his/her spouse and all natural or adopted children under 21 years of age who are unmarried and permanently occupying the same residence.

FEES

Those charges established by the governing body of the City of Long Branch which are retained by the City of Long Branch as revenue. Specifically excluded is any portion of the fee that is collected by the City on behalf of another entity, including but not limited to the State of New Jersey, the County of Monmouth or any outside vendor.

VOLUNTEER ORGANIZATION

The Fire Department and First Aid Squad of the City of Long Branch.

Incentives. All active members of a volunteer organization and families shall be entitled to the following benefits:

Exemption from fees for recreational programs conducted within the City of Long Branch.

Exemption from the municipal portion of the Uniform Construction Code fees for the issuance of a building permit required in connection with either the construction of an addition or completion of repairs to an existing single-family dwelling owned and occupied by an active member of a volunteer organization.

Partial exemption from the municipal portion of the Uniform Construction Code fees, not to exceed a maximum of $500, for the issuance of a building permit required in connection with the construction of a new single-family dwelling to be occupied by an active member of a volunteer organization.

Exemption from rental fees for any indoor recreational facilities, such as rental of municipally owned public facilities, if required, provided that such rental is for the actual use of the active member or the member's family.

Exemption from miscellaneous fees, licenses and permits, including but not limited to cat licenses, marriage licenses, certificate of continued occupancy for any dwelling personally occupied by the active member and Board of Adjustment fees required in connection with applications for either use or bulk variances.

Beach badges for any active member of any volunteer organization.

Administration.

On or about January 1 of each calendar year, a volunteer organization shall submit to the City of Long Branch a list of all individuals who meet the definition for active member status. Such list shall be updated on a periodic basis by the volunteer organization, to add those individuals who have completed their probationary status or to delete individuals who have been dropped from their membership or who no longer meet the criteria for active member status.

On a form provided by the City Clerk, each active member shall provide information related to his family status to assist the various municipal officials in the administration of this section in order to be eligible for the benefits provided in this section.

All active members and their families must comply with all registration procedures and complete all application forms established by the City of Long Branch.

Exclusions. No exemption shall be allowed for the following fees:

Fees, licenses and permits associated with any for-profit activity.

Inclusion in programs when the registration is received after maximum registration has been reached.

Fees and escrows required by either the Planning Board or Board of Adjustment in connection with any site plan or subdivision application.

Escrows associated with engineering inspections.

Dog license fees.