[HISTORY: Adopted by the City Council of
the City of Cape May by Ord. No. 1203-2000 (Sec. 13-3 of the 1997 Revised General Ordinances). Amendments
noted where applicable.]
The Fire Department is hereby established with
jurisdictional boundaries co-extensive with the boundaries of the
City.
The Fire Department shall consist of two units,
a Volunteer Fire Department and a Paid Fire Department, each of which
shall be under the direct control of the Chief of the Fire Department.
The Volunteer Fire Department and Paid Fire Department are sometimes
referred to collectively as the "Fire Department."
[Amended 9-21-2004 by Ord. No. 07-2004]
A.
Appointment of members. The Paid Fire Department shall
consist of officers and paid fire fighters as may be appointed and
promoted by the City Manager in accordance with New Jersey Department
of Personnel procedures, with due consideration to the recommendations
of the Chief of the Fire Department.
B.
Residency priority. Before any person shall be appointed
as a member of the Fire Department, priority of eligibility for initial
appointment shall be determined pursuant to N.J.S.A. 40A:14-10.1a.
C.
Responsibilities and duties of City Manager. The City
Manager shall adopt and promulgate rules and regulations for the governance
of the Fire Department and for the discipline of its members.
The Volunteer Fire Department is hereby recognized
by the City Council and is subject to its own constitution and bylaws,
revised and heretofore adopted by the Cape May City Volunteer Fire
Department. Eligibility for active membership in the Volunteer Fire
Department shall be governed by the New Jersey State Fireman's Association
and in accordance with applicable law.
It shall be the duty of the paid fire fighters
and the volunteer fire fighters to work harmoniously together to extinguish
fires and save life and property whenever possible.
[Amended 9-21-2004 by Ord. No. 07-2004]
A.
Appointment. The Chief shall be appointed by the City
Manager.
[Amended 6-4-2019 by Ord. No. 377-2019]
B.
Duties of Chief. The Chief shall be a paid fire fighter
and shall have full and complete control at all fires and other functions
of the Fire Department as they relate to fire-fighting techniques
and other emergencies involving the Fire Department. The Chief shall
have various other duties with the following limitations. He or she
shall:
(1)
Assist, whenever possible, the proper authorities
in suppressing the crime of arson by investigating, or causing to
be investigated, the circumstances of all fires of questionable origin.
(2)
Assist the appointed Fire Inspector or Inspectors
in performing their various duties. These duties shall allow the entering
of any commercial building or multiple dwelling at any reasonable
time for the purpose of making a fire inspection.
(3)
Maintain such records and files and make such reports
as shall be required by the City Manager or City Council.
(5)
Perform any other duties and possess such other qualifications
set forth in applicable Department of Personnel job specifications.
(6)
Administer and enforce the Rules and Regulations of
the Fire Department for the discipline of the Department and its members
and officers; and perform such other duties as prescribed by ordinance
of the City Council.
(7)
Be the executive head of the Fire Department, and
shall be directly responsible to the City Manager for the proper and
efficient day-to-day operation of the Department and the supervision
of its activities and members.
C.
Acting Chief. In the event that the Chief is temporarily removed from office due to illness, incapacity, suspension or otherwise, the City Council shall have the authority to appoint an acting Chief from within the Paid Fire Department. If such removal becomes permanent, a new Chief shall be appointed pursuant to Subsection A above.
In addition to the Chief, there shall be other
superior officers of the Paid Fire Department who are appointed by
the City's appointing authority. The officers of the Paid Fire Department
shall assist the Chief in his duties and help at all times in maintaining
good morale and general efficiency of the Department.
All other fire fighters of the Paid Fire Department
shall be appointed by the City's appointing authority. The paid fire
fighters shall operate certain pieces of fire-fighting apparatus at
such times, in such manner and for such purpose as shall be ordered
by the Chief of the Fire Department as shall be assigned to them.
They shall maintain and keep in good condition all fire-fighting apparatus
owned by the City. They shall have such other duties as are prescribed
by their officers and the Chief.
[Amended 9-21-2004 by Ord. No. 07-2004]
Except as otherwise provided by law, all officers
and fire fighters of the Paid Fire Department, including the Chief,
may only be disciplined or removed from employment for cause, which
shall consist of incapacity, misconduct, or disobedience of rules
and regulations established for the government of the Fire Department
in accordance with N.J.S.A. 40A:14-19, as may be amended, or any successor
thereto, or as provided in the New Jersey Administrative Code and
New Jersey statutes.
All officers and fire fighters of the Paid Fire
Department shall possess those qualifications required pursuant to
N.J.S.A. 40A:14-9, as may be amended, or any successor thereto.
