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Borough of Chatham, NJ
Morris County
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Table of Contents
Table of Contents
Code
New Laws (1) Index Notes (4)
Public Documents
Resolutions (540)
[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham 5-3-1915 (§§ 15-1 to 15-15, 15-17, 15-19, 15-21 to 15-22, 15-25 of the 1975 Code); amended in its entirety 11-24-2014 by Ord. No. 14-11. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 56.
Uniform Fire Code — See Ch. 136.
Fire-related offenses — See Ch. 144.
Fire zones — See Ch. 148.
Property maintenance — See Ch. 204.
The Fire Department of the Borough of Chatham, referred to herein as the "Fire Department," as heretofore established, is hereby continued.
A. 
The Fire Department shall be subject to the direct control and oversight of the Borough Council. The Borough Council shall exercise its control and supervision over the Fire Department through the Borough Administrator or his designee.
B. 
The Borough Council may appropriate such sums of money as authorized by law to fund the operations and capital expenses of the Fire Department.
A. 
The Fire Department shall consist of the following officers: one Fire Chief; no more than two Deputy Fire Chiefs; one Battalion Fire Chief; no more than two Fire Captains; and no more than six Fire Company Lieutenants, all of whom shall constitute the line officers of the Fire Department. The Fire Department shall also be served by one Fire Department Coordinator and as many staff officers and members in such titles as the Fire Chief may recommend to the Borough Council for appointment.
B. 
The following companies, as heretofore established, are hereby continued:
(1) 
Engine Company 1.
(2) 
Engine Company 2.
(3) 
Hose Company.
(4) 
Hook and Ladder.
(5) 
Rescue Company.
(6) 
Wardens Company.
C. 
The Fire Chief may organize such additional companies and other sections as he shall determine necessary for the efficient operation of the Fire Department. Upon the recommendation of the Fire Chief, the Borough Council may, by resolution, abolish, consolidate or reorganize any company.
A. 
There shall be established the position of Fire Chief. The Fire Chief shall be the highest ranking fire officer and shall report to the Borough Administrator or his designee. The Fire Chief shall be paid an annual salary as established by resolution of the Borough Council. The Fire Chief shall be in command of all Fire Department operations, including the actual response to fires and other emergencies and such meetings, drills, inspections, maintenance details and other nonemergency events as the Fire Chief may determine, as well as perform such other duties as established in the Fire Department rules and regulations promulgated pursuant to this chapter. In addition, the Fire Chief shall issue such general and special orders, standard operating procedures or guidelines and preincident plans as he shall deem necessary to govern Fire Department operations and the conduct of officers and members under his command.
B. 
Upon the recommendation of the members of the Fire Department, the Mayor shall appoint, with the advice and consent of the Borough Council, the Fire Chief to a four-year term, effective January 1 of the year of appointment. The Fire Chief shall serve until his successor shall be appointed and qualified. Any vacancy in the position of Fire Chief shall be filled by the Mayor and Borough Council in the same manner as heretofore provided, but for the remainder of the unexpired term only.
C. 
In appointing the Fire Chief, the Mayor and Borough Council shall give due consideration to any recommendation for said appointment in the form of an election held by Fire Department members in accordance with the rules and regulations promulgated pursuant to this chapter. Prior to any election for the position of Fire Chief, the Borough Administrator or his designee shall first certify that all members so nominated shall have satisfied the minimum qualifications for appointment as set forth in § 15-5.
D. 
The Fire Chief shall be subject to removal by the Borough Council for just cause and upon written charges brought by the Borough Administrator or his designee. The Fire Chief may request a hearing within 10 days of receiving the charges. The Borough Council shall designate a hearing officer who shall consider the sworn testimony of all witnesses and other evidence presented. Hearings may be conducted informally, and the formal rules of evidence need not apply. At the conclusion of the hearing, the hearing officer shall make his written report and recommendations to the Borough Council. The decision of the Borough Council shall be final.
No member shall be eligible for appointment as Fire Chief unless he shall at the time of his appointment:
A. 
Be a resident of the Borough or resident in a municipality whose boundary is contiguous with the Borough and be a citizen of the United States.
B. 
Have received a Firefighter II certificate issued by the New Jersey Division of Fire Safety.
C. 
Hold an exempt firemen's certificate pursuant to N.J.S.A. 40A:14-55 et seq.
D. 
Have previously served a minimum of four years as Fire Chief, Deputy Chief or Battalion Chief in the Fire Department.
E. 
Have obtained a valid Incident Management Level 3 certificate issued by the New Jersey Division of Fire Safety pursuant to N.J.A.C. 5:73-6.1.
F. 
Be physically fit to perform the duties of Fire Chief, as evidenced by a certificate to that effect by the Fire Department medical officer or the member's own physician after physical examination.
G. 
Have satisfied any other requirements for appointment in accordance with the rules and regulations promulgated pursuant to this chapter.
A. 
There shall be established no more than two Deputy Fire Chief positions. The Deputy Fire Chiefs shall rank below the Fire Chief. Each Deputy Fire Chief shall have such duties as established in the rules and regulations promulgated pursuant to this chapter.
B. 
Upon the recommendation of the members of the Fire Department, each Deputy Fire Chief shall be appointed by the Mayor, with the advice and consent of the Borough Council, for a one-year term, effective January 1 of the year of appointment. Each Deputy Fire Chief shall serve until his successor shall be appointed and qualified. Any vacancy in the position of Deputy Fire Chief shall be filled by the Mayor and Borough Council in the same manner as heretofore provided, but for the remainder of the unexpired term only.
C. 
In appointing the Deputy Fire Chief, the Mayor and Borough Council shall give due consideration to any recommendation for said appointment in the form of an election held by Fire Department members in accordance with the rules and regulations promulgated pursuant to this chapter. Prior to any election for the position of Deputy Fire Chief, the Fire Chief shall first certify that all members so nominated shall have satisfied the minimum qualifications for appointment as set forth in § 15-7.
No member shall be eligible for appointment as Deputy Fire Chief unless he shall at the time of his appointment:
A. 
Be a resident of the Borough or reside within a contiguous municipality and be a citizen of the United States.
B. 
Have received a Firefighter I certificate issued by the New Jersey Division of Fire Safety.
C. 
Hold an exempt firemen's certificate pursuant to N.J.S.A. 40A:14-55 et seq.
D. 
Have previously served a minimum of two years as Fire Chief, Deputy Chief, or Battalion Chief in the Fire Department.
E. 
Have obtained or within six months of appointment shall have obtained a valid Incident Management Level 3 certificate issued by the New Jersey Division of Fire Safety pursuant to N.J.A.C. 5:73-6.1.
F. 
Have satisfied any other requirements for appointment in accordance with the rules and regulations promulgated pursuant to this chapter.
A. 
There shall be established the position of Battalion Fire Chief. The Battalion Fire Chief shall rank below the Deputy Fire Chiefs. The Battalion Fire Chief shall have such duties as established in the rules and regulations promulgated pursuant to this chapter.
B. 
Upon the recommendation of the members of the Fire Department, the Battalion Fire Chief shall be appointed by the Mayor, with the advice and consent of the Borough Council, for a one-year term, effective January 1 of the year of appointment. The Battalion Fire Chief shall serve until his successor shall be appointed and qualified. Any vacancy in the position of Battalion Fire Chief shall be filled by the Mayor and Borough Council in the same manner as heretofore provided, but for the remainder of the unexpired term only.
C. 
In appointing the Battalion Fire Chief, the Mayor and Borough Council shall give due consideration to any recommendation for said appointment in the form of an election held by Fire Department members in accordance with the rules and regulations promulgated pursuant to this chapter. Prior to any election for the position of Battalion Fire Chief, the Fire Chief shall first certify that all members so nominated shall have satisfied the minimum qualifications for appointment as set forth in § 15-9.
No member shall be eligible for appointment as Battalion Fire Chief unless he shall at the time of his appointment:
A. 
Be a resident of the Borough or reside within a contiguous municipality and be a citizen of the United States.
B. 
Have received a Firefighter I certificate issued by the New Jersey Division of Fire Safety.
C. 
Hold an exempt firemen's certificate pursuant to N.J.S.A. 40A:14-55 et seq.
D. 
Have previously served a minimum of two years as Fire Chief, Deputy Chief, Battalion Chief or Captain in the Fire Department.
E. 
Have obtained or within six months of appointment shall have obtained a valid Incident Management Level 2 certificate issued by the New Jersey Division of Fire Safety pursuant to N.J.A.C. 5:73-6.1.
F. 
Have satisfied any other requirements for appointment in accordance with the rules and regulations promulgated pursuant to this chapter.
A. 
There shall be established no more than two Fire Captain positions. The Fire Captain shall rank below the Battalion Fire Chief. The Fire Captain shall have such duties as established in the rules and regulations promulgated pursuant to this chapter.
B. 
Upon the recommendation of the members of the Fire Department, the Fire Captain shall be appointed by the Mayor, with the advice and consent of the Borough Council, for a one-year term, effective January 1 of the year of appointment. The Fire Captain shall serve until his successor shall be appointed and qualified. Any vacancy in the position of Fire Captain shall be filled by the Mayor and Borough Council in the same manner as heretofore provided, but for the remainder of the unexpired term only.
C. 
In appointing the Fire Captain, the Mayor and Borough Council shall give due consideration to any recommendation for said appointment in the form of an election held by Fire Department members in accordance with the rules and regulations promulgated pursuant to this chapter. Prior to any election for the position of Fire Captain, the Fire Chief shall first certify that all members so nominated shall have satisfied the minimum qualifications for appointment as set forth in § 15-11.
No member shall be eligible for appointment as Fire Captain unless he shall at the time of his appointment:
A. 
Be a resident of the Borough or reside within a contiguous municipality and be a citizen of the United States.
B. 
Have received a Firefighter I certificate issued by the New Jersey Division of Fire Safety.
C. 
Have previously served as Fire Chief, Deputy Chief, Battalion Chief, Captain or a Company Lieutenant in the Fire Department.
D. 
Have obtained a valid Incident Management Level 1 certificate issued by the New Jersey Division of Fire Safety pursuant to N.J.A.C. 5.73-6.1.
E. 
Have satisfied any other requirements for appointment in accordance with the rules and regulations promulgated pursuant to this chapter.
A. 
There shall be established no more than six Company Lieutenant positions. The Company Lieutenant shall rank below the Fire Captain. Each company shall have one Company Lieutenant. The Company Lieutenant shall have such duties as established in the rules and regulations promulgated pursuant to this chapter.
B. 
Upon the recommendation of the members of each Fire Company, the Company Lieutenant shall be appointed by the Mayor, with the advice and consent of the Borough Council, for a one-year term, effective January 1 of the year of appointment. The Company Lieutenant shall serve until his successor shall be appointed and qualified. Any vacancy in the position of Company Lieutenant shall be filled by the Mayor and Borough Council in the same manner as heretofore provided, but for the remainder of the unexpired term only.
C. 
In appointing the Company Lieutenant, the Mayor and Borough Council shall give due consideration to any recommendation for said appointment in the form of an election held by the members of the Fire Company in accordance with the rules and regulations promulgated pursuant to this chapter. Prior to any election for the position of Company Lieutenant, the Fire Chief shall first certify that all members so nominated shall have satisfied the minimum qualifications for appointment as set forth in § 15-13.
No member shall be eligible for appointment as Company Lieutenant unless he shall at the time of his appointment:
A. 
Be a resident of the Borough or reside within a contiguous municipality and be a citizen of the United States.
B. 
Have received a Firefighter I certificate issued by the New Jersey Division of Fire Safety.
C. 
Have obtained a valid Incident Management Level 1 certificate issued by the New Jersey Division of Fire Safety pursuant to N.J.A.C. 5.73-6.1.
D. 
Have satisfied any other requirements for appointment in accordance with the rules and regulations promulgated pursuant to this chapter.
Any line officer, other than the Fire Chief, shall be subject to removal from office for just cause upon charges brought by the Fire Chief or his designee. The line officer charged may request a hearing within 10 days of receiving the charges. The Borough Council shall designate a hearing officer who shall consider the sworn testimony of all witnesses and other evidence presented. Hearings may be conducted informally and the formal rules of evidence need not apply. At the conclusion of the hearing, the hearing officer shall make his written report and recommendations to the Borough Council. The decision of the Borough Council shall be final.
A. 
The position of Fire Department Coordinator is hereby established and may be held by a full- or part-time employee of the Borough whose salary shall be set forth in the Borough's annual salary resolution.
B. 
The Fire Department Coordinator shall be appointed by the Mayor, with the advice and consent of the Borough Council, and shall serve at the pleasure of the Borough Council. The Fire Department Coordinator shall be qualified by training, education and experience and shall have a minimum of five years' fire service experience and possess other such qualifications as the Borough Administrator shall find necessary.
C. 
The Fire Department Coordinator shall serve as the administrative head of the Fire Department and shall report to the Borough Administrator. The Fire Department Coordinator shall have such duties as established in the Fire Department rules and regulations promulgated pursuant to this chapter.
Upon the recommendation of the Fire Chief, the Mayor may nominate, with the advice and consent of the Council, and appoint such medical officers, chaplains and other staff officers as hereinafter provided, who need not be members of the Fire Department, but who shall possess special skills, training, experiences, licenses and expertise that the Fire Chief may find necessary or beneficial to the efficient administration of the Fire Department, all in accordance with the Fire Department rules and regulations established pursuant to this chapter.
A. 
Any person who is a resident of the Borough or resides within a contiguous municipality and is a citizen of the United States and is not less than 18 years of age and is of good character and is physically fit to perform the duties of a Fire Department member, as evidenced by a certificate to that effect by the Fire Department medical officer examination shall be eligible for appointment as a probationary member of the Fire Department.
B. 
Each person found eligible shall be recommended by the company to which he has been assigned and be approved by the Borough Council, whereupon he shall serve a probationary period of not less than one year and during such period shall satisfactorily complete all required training in accordance with the Fire Department rules and regulations and the general or specials orders promulgated by the Fire Chief for this purpose. Upon completion of the probationary period to the satisfaction of the Fire Chief, and the Borough Council, he shall be appointed as a regular member of the Fire Department.
C. 
The probationary and regular members of the Fire Department shall have such duties as established in the Fire Department rules and regulations promulgated pursuant to this chapter.
D. 
Any Fire Department member may be dismissed from the Fire Department, suspended or relieved from duty in accordance with the Fire Department rules and regulations promulgated for this purpose.
A. 
The position of Firefighter/driver is hereby established and may be held by a full-time, part-time or per diem employee of the Borough whose compensation shall be set forth in the Borough's annual Fire Department salary resolution.
B. 
The Firefighter/driver shall be appointed by the Mayor, with the advice and consent of the Borough Council, and shall serve during periods of good behavior and efficiency. The person so appointed as firefighter/driver shall be qualified by training, education and experience and shall have a minimum of five years' fire service experience and possess other such qualifications as the Borough Administrator shall find necessary.
C. 
The firefighter/driver shall have such duties as established in the Fire Department rules and regulations promulgated pursuant to this chapter.
No salary or other compensation shall be paid to the Deputy Fire Chiefs, Battalion Chief, Captains and Lieutenants, other staff officers and members of the Fire Department except that each may receive such stipends and clothing allowances as made available by appropriations of the Borough Council for those purposes.
A. 
There shall be an annual public inspection of the Fire Department by the Mayor and Borough Council. The date for such inspection shall be set by the Fire Chief, and the Fire Chief shall issue any necessary general and special orders governing the public inspection.
B. 
The annual drill and training schedule shall be set by the Fire Chief. Every member of the Fire Department shall attend drills and training in accordance with the Fire Department rules and regulations and/or any general or special orders promulgated by the Fire Chief for this purpose.
C. 
Any member of the Fire Department refusing or neglecting to attend fire alarms or other emergencies or absent from drills or training may be dismissed from the Department, suspended or relieved from duty in accordance with the Fire Department rules and regulations and/or any general or special orders promulgated by the Fire Chief for this purpose.
In accordance with the provisions of N.J.S.A. 43:12-28 et seq., the Borough Council, shall by resolution, determine the eligibility for a survivor's pension of the widow, widower, children or parent of an officer or member of the Fire Department who has died as the result of injuries sustained in the course of performance of duty, and not as a result of willful negligence. The amount of the pension and manner of payment of the pension shall be determined by the State of New Jersey, Division of Pensions and Benefits, in accordance with applicable law.
Any Fire Department officer or member who has performed qualifying fire duty in accordance with the requirements of N.J.S.A. 40A:14-55 et seq. shall be entitled to an exempt firemen's certificate, to be issued by the Borough Clerk and signed by the Mayor, within 90 days of the date of qualification thereof, and shall be provided with all the rights, privileges and immunities provided by law for the holder of such certificate.
A. 
A Junior Firemen's Auxiliary Company (hereinafter the "Auxiliary Company") to the Fire Department is hereby established and is subject to the supervision and control of the Fire Chief. The members of the Auxiliary Company shall be known as "junior members."
B. 
Junior members shall meet all the qualifications of regular members of the Fire Department, except that they need only have reached the age of 16 years and may be no older than 18 years of age.
C. 
Any person seeking to become a junior member must apply and be appointed in the same manner as a member of the Fire Department. Any person before being considered for membership in the Auxiliary Company must obtain notarized permission to join the auxiliary from his/her parents or guardian and must submit to the Fire Chief said notarized permission in writing and acknowledged or approved in the manner required by law for deeds to real estate to be recorded.
D. 
Junior members shall be insured by the same coverage and in the same amounts provided for the members of the Fire Department.
E. 
Junior members shall be trained for eventual membership in the Fire Department in accordance with the general and special orders that the Fire Chief may promulgate for said purpose. No junior member shall be allowed to perform duties that would expose him to the same degree of hazard as a member of the Fire Department.
F. 
Junior members shall not fight fires, perform any rescues, or engage in similar emergency operations, or use power equipment necessary to undertake those duties. Junior members shall not operate any Fire Department vehicle or apparatus.
G. 
Junior members shall be subject to all provisions of this chapter and shall be subject to suspension or dismissal as provided for by general or special orders issued by the Fire Chief for said purposes.
The Borough Administrator or his designee may promulgate such rules and regulations as necessary for the proper and efficient conduct of the Fire Department. The Borough Administrator shall seek the review and recommendation of the Fire Chief and the Fire Department Coordinator, as appropriate, in promulgating such rules and regulations. The rules and regulations so promulgated shall be maintained in the Fire Department and in the office of the Borough Clerk.