[HISTORY: Adopted by the Township Council
of the Township of Brick as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-15-1970 by Ord. No. 93-70 (Ch. 31, Art. I, of
the 1989 Code)]
[Amended 3-14-1989 by Ord. No. 666-89; 11-28-2006 by Ord. No. 37-06]
Within the Township of Brick, there shall be
three fire districts, which districts shall be known as Districts
No. 1, No. 2, and No. 3. The territorial location of Fire District
No. 1 shall include the territory currently serviced by Pioneer Hose
Company No. 1 and Breton Woods Fire Company No. 1. The territorial
location of Fire District No. 2 shall include the territory currently
serviced by Laurelton Fire Company No. 1. The territorial location
of Fire District No. 3 shall include the territory currently serviced
by Herbertsville Fire Company No. 1. Each fire district shall be governed
by a Board of Fire Commissioners for the district, to consist of five
persons, residents therein, in accordance with N.J.S.A. 40A: 14-70
et seq.
[Amended 1-19-1971 by Ord. No. 96-71; 5-18-1971 by Ord. No. 96-A-71 (41-D); 6-5-1972 by Ord. No. 96-B-72 (41-E); 11-6-1972 by Ord. No. 96-C-72 (41-F); 10-10-2023 by Ord. No. 18-23]
Each company shall and may choose and appoint
from its own number a Chief, an engineer and assistant officers, as
required by each company, and all firemen in good standing in any
fire company at the time this article becomes effective and as many
firemen of the age of 18 years and not more than 57 years of age at
the time of their election to membership, and who are citizens of
the United States and residents of the Township of Brick, as are elected
by said companies, are approved by the Board of Fire Commissioners
of the Township of Brick in the district in which they are elected.[1]
[1]
Editor's Note: Original § 26-3,
which immediately followed this section and dealt with election to
membership and was amended 5-18-1971 by Ord. No. 96-A-71(41-D), was
repealed 11-6-1972 by Ord. No. 96-C-72(41-F).
[Added 6-5-1972 by Ord. No. 96-B-72 (41-E); amended 11-28-2006 by Ord. No. 37-06]
There is hereby created a junior membership
of the Fire Department of the Township of Brick. All such members
shall be between the age of 14 and 21 years. Said junior membership
shall be under the control and direction of the Board of Fire Commissioners.
[Added 6-5-1972 by Ord. No. 96-B-72 (41-E); amended 11-6-1972 by Ord. No. 96-C-72 (41-F); 10-10-2023 by Ord. No. 18-23]
A member of any fire company in good standing
who was between the ages of 18 and 57 at the time of appointment,
and has performed seven years of service, performing 25% of fire duty
during that period, shall be entitled to receive a municipal certificate
of service from the Township of Brick.
[Amended 10-10-2023 by Ord. No. 18-23]
A member of any fire company in good standing
at the time this article becomes effective, and not in possession
of an exempt fireman's certificate, shall be entitled to receive an
exempt fireman's certificate when, from the records of any fire companies
filed with the Clerk of this Township, it appears that he was a resident
of the municipality, a citizen of the United States and has served
the necessary period to make a total of seven years' service, performing,
during a period of seven years, 25% of fire duty as of 2021; 50% of
fire duty from 2009 retroactive, a percentage rate as set by the executive
committee of the New Jersey State Exempt Firemen's Association, in
each year, respectively, all of which facts must be certified in accordance
with the law in such case made and provided.
The Chief, the engineer and the two assistant
engineers shall be elected by each fire company for a one-year term.
All officers shall be elected from the members of the companies.
Each company shall and may choose from its own
number a foreman, assistant foreman, secretary and treasurer in such
manner and at such time or times as the company, by its rules and
bylaws, may provide and prescribe.
[Amended 3-14-1989 by Ord. No. 666-89]
Each company shall retain its apparatus in its
own name, and no property of any company shall belong or become the
property of the Township of Brick except by the consent of each fire
company upon proper compensation therefor and where the Township shall
have retained title to such apparatus or property under a lease agreement
entered into between the Township and any such company.
Each company shall comply with all laws of the
State of New Jersey and all the rules or regulations pertaining to
volunteer fire companies now or hereafter enacted or laid down and
prescribed.
Each company shall observe the fire districts
laid out by resolutions of the Township of Brick now adopted or which
may hereafter be adopted with respect to fire districts in the Township
of Brick.
Three Fire Commissioners shall be duly elected
in and for each of the fire districts now in existence and which may
be hereafter established.
[Adopted 12-15-1970 by Ord. No. 93-70 (Ch. 31, Art. II, of
the 1989 Code)]
A.
The Volunteer Fire Department of Fire District No.
1 shall consist of the recognized fire companies as are, at present,
constituted and existent in Fire District No. 1 and which, in order
of seniority, are as follows: Pioneer Hose Company No. 1 and Breton
Woods Fire Company No. 1, both of which are volunteer fire companies.
B.
The Volunteer Fire Department of Fire District No.
2 shall consist of the recognized fire company as is, at present,
constituted and existent in Fire District No 2, which is as follows:
Laurelton Fire Company No. 1, which is a volunteer fire company.
C.
The Volunteer Fire Department of Fire District No.
3 shall consist of the recognized fire company as is, at present,
constituted and existent in Fire District No 3, which is as follows:
Herbertsville Fire Company No. 1, which is a volunteer fire company.
No other volunteer fire company shall be added
to the Volunteer Fire Departments of Fire District No. 1, No. 2 or
No. 3 until such time as the growth of the community, in the opinion
of the Boards of Fire Commissioners and the Fire Departments of Fire
Districts No. 1, No. 2 and No. 3 shall deem another fire company necessary
for the best fire protection of the area it is to serve; i.e., if
any newly proposed fire company is in the area of the Township served
by Fire District No. 1, the question of the wisdom of approving and
recommending the recognition of any newly proposed fire company shall
be the responsibility of the duly elected members of the Board of
Fire Commissioners of Fire District No. 1; if any newly proposed fire
company is in the area of the Township served by Fire District No.
2, the question of the wisdom of approving and recommending the recognition
of any proposed fire company shall be the responsibility of the Board
of Fire Commissioners of Fire District No. 2; and if any newly proposed
fire company is in the area of the Township served by the Fire District
No. 3, the question of the wisdom of approving and recommending the
recognition of any proposed fire company shall be the responsibility
of the Board of Fire Commissioners of Fire District No. 3.
No citizen or group of citizens shall, for the
purpose of organizing a volunteer fire company to be recognized by
the Fire Commissioners, the Volunteer Fire Departments or the governing
body of the Township, do so until the following requirements are met.
Prior to filing a certificate of incorporation, such citizen or group
of citizens who desire to organize such a fire company shall first
submit to the Board of Fire Commissioners of the fire district in
which the proposed company is to be organized an application stating:
A.
The incentive and location of the proposed company
and the area it seeks to serve and protect.
B.
A roster of names, addresses and ages of such organizers.
C.
The availability and physical fitness of the proposed
members to serve as an active fire-fighting force.
D.
The ability of the proposed members to meet the qualifications
of the New Jersey State Firemen's Relief Association.
A.
The Board of Fire Commissioners shall refer such application
to the Volunteer Fire Department, and after approval or disapproval
by the Volunteer Fire Department, the application shall be referred
back to the proper Board of Fire Commissioners for final action.
B.
After receiving said report from the Volunteer Fire
Department concerning such application, unless the proper Board of
Fire Commissioners shall approve said incorporation of said Volunteer
Fire Company before said certificate is filed and said company duly
organized, said company cannot become a part of the Volunteer Fire
Department of Fire District No. 1, Fire District No. 2 or Fire District
No. 3 of Brick Township.
Nothing contained in this article shall be construed to affect in any way the type, manner or character of any of the three volunteer fire companies mentioned in § 18-12 hereof or to create, establish or set up a paid Fire Department in this Township. The sole purpose of this article is to make more efficient the proper functioning of the volunteer fire-protection services rendered and to be rendered by the volunteer fire companies of Brick Township.
