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Borough of Clementon, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Clementon 9-11-2007 by Ord. No. 2007-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Civil service — See Ch. 9.
Personnel regulations — See Ch. 47.
Police Department — See Ch. 51.
Salaries — See Ch. 59.
Fire insurance claims — See Ch. 130.
Fire prevention — See Ch. 134.
[1]
Editor's Note: This chapter also repealed former Ch. 26, Fire Department, adopted 4-23-1990 by Ord. No. 90-7.
The Borough of Clementon hereby establishes the Clementon Fire Rescue, hereinafter referred to as "CFR." The CFR shall be and is at all times under the control and supervision and subject to the orders of the Mayor and the Borough Council, except at a fire scene, drill or disaster, at which time the Fire Chief or other superior officer in charge shall have complete control and supervision of the CFR. The CFR shall come under the Public Safety Committee.
[Amended 9-8-2009 by Ord. No. 2009-21]
The CFR of the Borough shall consist of one Chief, at least one but not more than two Assistant Chief(s), two Captains, three Lieutenants, two Safety Officers and all other officers and firefighter(s) as may be deemed necessary by the CFR and selected thereby with the approval of Council. The number of officers shall consist of the minimum required by NFPA 1561 A.4.5.6 standards but is not to exceed five-to-one ratio of the total CFR roster.
Those individuals who were members of the Clementon Fire Department prior to the adoption of this chapter will be recognized as a member of the newly created CFR after duly affixing their respective signatures on the CFR roster. After the date of this chapter, each applicant for membership shall have the following qualifications at the time of his/her application.
A. 
Qualifications.
(1) 
Be a citizen of the United States.
(2) 
Residency or employment; former membership.
(a) 
The applicant shall be required to be a resident of the Borough of Clementon or a resident of a municipality in the State of New Jersey which borders the Borough of Clementon or is a full-time employee of a business based in the Borough of Clementon or an employee of the Borough of Clementon.
(b) 
Any firefighter who was a former member of a volunteer company affiliated with a local relief association and who resigned before serving the required seven years for exempt status, within one year of his/her resignation from his/her former company, he/she may become a member of the CFR if the above residency or employment requirements are met.
(c) 
If the application for membership reinstatement in the CFR is made after one year of the applicant's resignation from his/her former company, the applicant must be considered a new applicant.
[Amended 12-29-2007 by Ord. No. 2007-18]
(3) 
Be in good health and of sound body, to be evidenced by a certificate to that effect signed by a licensed practicing physician of the State of New Jersey.
(4) 
Be of good moral character.
(5) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(5), regarding filing a written application for membership, was repealed 12-29-2007 by Ord. No. 2007-18.
(6) 
Membership in the CFR shall be open to all persons who are able to perform the duties of volunteer firefighter without discrimination on the basis of an applicant's race, creed, color, sex, age, national origin, ancestry, marital status or physical handicap.
B. 
Application for membership.
(1) 
The Borough Clerk shall have the application forms, and the Clerk shall distribute them upon written or personal request made during normal business hours. The form shall state that applications may be filed either by personal delivery or by sending them by mail to the Board of Officers or other designated officer whose mailing address shall either appear on the application form or be available from the Borough Clerk.
(2) 
Applications shall be reviewed by the Chief of CFR in order to verify that the applicant has met the requirements set forth in Subsection A above. Once approved by the Chief of CFR, the applicant will be contacted by phone, mail or personally and requested to report to the Borough Police Department in compliance with Subsection B(3) below.
(3) 
Each applicant for membership in the CFR shall furnish a classifiable set of fingerprints to the Borough Police Department.
(4) 
The Chief of Police and/or his designee(s) shall conduct a field investigation and a criminal records check on each applicant for membership to the CFR.
(5) 
Background investigations and records checks shall include records of all convictions as an adult.
(6) 
The Chief of Police and/or his designee(s) shall, within five days of request, prepare a factual summary of the background investigation and criminal records check of each firefighter applicant and transmit such summary to the Chief of the CFR for the purpose of determining the suitability of the applicant.
(7) 
The Chief of Police and members of the Police Department shall not reveal any information or make any recommendations to the Fire Chief regarding whether the applicant is suitable other than that contained in the official summary report referred to hereinbefore.
(8) 
If the applicant is approved by the Chief of CFR, the application will be forwarded to the Fire Board, at which time it will be voted on for membership classification. If the applicant is denied by the Chief of CFR, notice of such determination will be sent by U.S. Mail to the applicant, along with a copy to the Fire Board.
(9) 
Any applicant for membership in the CFR who is denied admittance on the basis of the investigation summary may inspect the summary for the purpose of clarifying, explaining or denying the accuracy of its contents.
(10) 
If the applicant is denied membership based on the results of the police background check, he/she may appeal to the Borough Council by written request and may, at the discretion of Council, be granted an opportunity to be heard.
C. 
Classification of members. Members shall be divided into six classifications as follows:
(1) 
Active member.
[Amended 12-29-2007 by Ord. No. 2007-18; 9-8-2009 by Ord. No. 2009-21]
(a) 
An active member shall meet the qualifications of Subsection A for membership and shall complete the course of instruction entitled "Firefighter-1" at the Camden County Fire Academy, or its equivalent. He/she shall also attend at least a minimum 50% annually of all fire calls and drills, meeting the criteria of:
[Amended 3-19-2019 by Ord. No. 2019-04]
[1] 
Fire calls on scene: 50%.
[2] 
Drills, combined in house and Laurel Lake Alliance: 50%.
(b) 
Firefighters attaining 15 years shall be entitled to the following benefits when and if made available: jury duty exemption and credits for LOSAP (Length of Service Awards Program).
(2) 
Junior firefighter. A junior member should meet the requirements in Subsection A for membership and be at least 16 years of age and less than 18 years of age. Parental approval from the parents or guardian, along with current report card, and three references must be submitted to the Borough Personnel Officer. He/she shall complete the course of instruction entitled "Junior Firefighting" at the Camden County Fire Academy or its equivalent. He/she shall also attend all required training and retraining seminars as mandated by law and the CFR Board of Fire Officers. He/she shall perform limited firematic duties and shall not serve as or vote for any departmental officer or firematic officer.
[Added 12-29-2007 by Ord. No. 2007-18[2]]
[2]
Editor's Note: This chapter also provided for the renumbering of Subsection C(2) through (6) as Subsection C(4) through (8), respectively.
(3) 
Explorer. An Explorer member should be at least 12 years of age and less than 16 years of age. Parent or guardian must be an active member of CFR during this period. Parental approval from the parents or guardian, along with current report card, and three references must be submitted to the Borough Personnel Officer. He/she shall also attend all required training and retraining seminars as mandated by law and the CFR Board of Fire Officers. He/she shall not perform firematic duties and shall not serve as or vote for any departmental officer or firematic officer.
[Added 12-29-2007 by Ord. No. 2007-18]
(4) 
Life member. Life member status shall be bestowed on all active members of the CFR after serving 15 years of active service.
(5) 
Exempt: an active member of the CFR who worked for his exemption certificate and has served seven years of active duty as required by N.J.S.A. 40a:14-56.
(6) 
Honorary: a titular membership. A person honored shall not actually be a member of the company honoring him/her, nor a member of the CFR, and he/she shall not participate in any activities of the CFR.
(7) 
Probationary.
[Amended 12-29-2007 by Ord. No. 2007-18]
(a) 
A probationary member shall meet the membership requirements of Subsection A. All aspects of the background check shall have been completed and marked as approved. He/she shall be considered a probationary member for at least six months, during which time he/she shall attend the course(s) required per his/her membership classification at the Camden County Fire Academy or its equivalent. On completion of said course(s), the applicant shall present a copy of the certificate(s) to the Borough Personnel Officer for his or her records. If he/she cannot complete the course of instruction within six months, the probationary period may be extended to 12 or up to 24 months. A probationary member will not be entitled to active member benefits described in Subsection C(1)(b).
(b) 
At the conclusion thereof, each member serving a probationary period shall be evaluated solely by the Board of Officers of CFR who supervise him/her in the performance of his/her duty based on performance criteria established and maintained by CFR. They may cause the dismissal of any member serving a probationary period only for failure to perform the established duties, not serving a probationary period in a reasonably satisfactory manner, or other good cause and may do so by notifying the member serving the probationary period in writing of his/her dismissal stating the particular reasons and forwarding a copy of same to the Borough Personnel Officer for his or her records.
(8) 
(Reserved)[3]
[3]
Editor's Note: Former Subsection C(8), Fire police, as amended 12-29-2007 by Ord. No. 2007-18, was repealed 9-8-2009 by Ord. No. 2009-21.
(9) 
Retired. If any member shall have served as an active member in the CFR for less than 15 years in good standing, he/she may, on application therefor, become and continue to be a retired member. Up to a maximum of 15 years may be credited toward retirement for years of service to another fire department within the Borough of Clementon when proof of service is provided. Such retired member shall have all the rights and duties of an active member, except that he/she shall not perform firematic duties and shall not serve as or vote for any departmental officer or firematic officer. Retired members shall be entitled to receive the same benefits as they received during their last year of active service regardless of percentage.
[Added 12-29-2007 by Ord. No. 2007-18]
D. 
Approval by Council. Upon election of a member by the Board of Officers, his/her name shall be submitted to Council for its approval. Upon approval by the majority of Council by appropriate resolution, the applicant shall then take the oath of office and become a member of the CFR.
E. 
Membership certificate. Each active member of the CFR, after his/her election and approval as provided in Subsection D, shall have issued to him/her a membership certificate showing the date of his/her election to membership, signed by the Mayor and attested by the Borough Clerk, and countersigned by the Chief of the CFR, with the corporate seal of the Borough affixed. In addition, a badge of membership in the CFR shall be issued to him/her to be worn at all times pursuant to CFR rules and regulations. The badge shall remain the property of the Borough and shall be returned to the Chief of the CFR on demand if the member ceases to be an active firefighter, or is suspended, removed or dismissed for any cause whatsoever, or ceases to be a member.
F. 
(Reserved)[4]
[4]
Editor's Note: Former Subsection F, Suspension, was repealed 9-8-2009 by Ord. No. 2009-21.
G. 
Exemption certificate. A certificate of exemption shall be issued by Council to any member of the CFR who has served as an active firefighter for seven years under Borough control or who, while an active member of the CFR, becomes incapacitated by illness and can no longer serve as an active firefighter, such incapacity and inability to serve to be certified by a practicing physician whose certificate will show the member to be physically or mentally unfit for further service as an active firefighter; provided, however, that before such certificate shall be issued, the Chief of the CFR to which such member belongs shall certify in writing to Council the qualifications of the member to be complete and in accordance with this subsection and the laws of the State of New Jersey.
H. 
Conditions. Any member of the CFR who shall cease to meet the membership requirement of Subsection A(2) and shall have failed to meet the requirements of Subsection K below, with the exception of life members and Exempt members, shall be dropped from the rolls of the CFR. Further, members may be given a leave of absence for military duty with the Armed Forces of the United States of America.
I. 
(Reserved)[5]
[5]
Editor's Note: Former Subsection I, inactive and honorary members, was repealed 12-29-2007 by Ord. No. 2007-18.
J. 
Resignations. Any person seeking to resign from the CFR shall give written notice to the Borough Clerk, and same shall be affirmed at the next business meeting of Council.
K. 
Reinstatement.
(1) 
A former member admitted under the rules and regulations may be reinstated within one year from the date of his/her severance from the CFR.
(2) 
Any applications for reinstatement by a former member of the CFR who has not been a member for a period in excess of one year shall be accompanied by a certificate from a physician designated by the CFR showing a recent physical examination certifying good health, sound physical condition and ability to perform the duties ordinarily required of a firefighter. No applicant shall be reinstated unless his/her application has been approved in the same manner as provided in Subsections A and D pertaining to new applications.
(3) 
No firefighter who is on leave of absence for reasons of health shall be reinstated to active duty unless he/she presents a certificate from a physician showing that he/she is physically able to perform the required duties.
(4) 
Such former members of the CFR must have been in good standing at the time of his/her severance from the CFR in order to be considered for reinstatement.
L. 
Membership roll. It shall be the duty of the Borough Clerk to keep a complete roll of active and exempt members of the CFR designating the date of admission, age, occupation, residence, and resignation. Copies shall be forwarded to the Chief of the CFR for the CFR files and to the Exempt Association and the Relief Association in which said members belong.
A. 
Established. There is hereby created within the CFR the position of junior fireman.
B. 
Qualifications. Any person who is a resident of the Borough and who is at least 16 years of age, and less than 18 years of age, may become a junior fireman.
C. 
Application. Any person desiring to become a junior fireman should make application to the Chief of the CFR and shall complete an application therefor, which application shall be approved by the Mayor and Council. There shall also be attached parental approval from the parents of the proposed junior fireman, and the application, together with a medical examination report, shall be referred to the Mayor and Council for approval and designation of such applicant as a junior fireman.
D. 
Adult membership. When a junior fireman becomes 18 years old, such junior fireman shall no longer be a junior fireman but may apply to the CFR for membership in the CFR.
E. 
Provision for training. The Mayor and Council, upon application of the CFR, may make provision for the training of those persons designated as junior firemen.
All members within the nine classifications aforementioned and any person who may hereinafter become a member of the CFR shall be required, as an integral part of their membership therein, to actively attend and participate, in addition to the duties heretofore established by rule or custom, in all parades, social functions, affairs, special events, and any and all other types of activities not specifically enumerated herein, whenever the participation by the CFR in such event or activities shall be ordered by the Fire Chief or the officers of the CFR, as the case may be. The failure of any member to attend and participate in such event or activities shall subject the member to like disciplinary action for failure to conform to other duties herein, unless the member shall be duly excused from participation therein.
[1]
Editor's Note: Former § 26-8, Duties of fire police after appointment, was repealed 9-8-2009 by Ord. No. 2009-21.
A. 
Eligibility. No firefighter shall be eligible for nomination as a CFR line officer until:
[Amended 12-29-2007 by Ord. No. 2007-18; 9-8-2009 by Ord. No. 2009-21]
(1) 
He/she has completed two years as a volunteer fireman with the CFR.
(2) 
He/she, has attended and completed Firefighter-1, 1200, 1300 and has had an additional 30 hours' schooling with certificates in other firematic courses at the Camden County Fire Academy or the New Jersey State Fire College, Division of the New Jersey State Safety Council at Sea Girt, New Jersey, or any other schools which are listed by the Board of Fire Officers.
B. 
Selection of officers. The officers of the CFR, with the exception of past Chiefs, shall be active members of the CFR and selected by way of an application process subject to appointment by the Mayor with the approval of Council at its next following regular meeting. No person who has not been a member for a period of at least five years and who has not served as Captain shall be eligible for the office of Chief or Assistant Chief. An application and resume must be submitted to apply for the Chief. The Chief of the CFR cannot serve concurrently as the Chief of Police for the Borough of Clementon.
[Amended 12-29-2007 by Ord. No. 2007-18; 9-8-2009 by Ord. No. 2009-21; 2-17-2015 by Ord. No. 2015-02; 2-16-2016 by Ord. No. 2016-02]
C. 
Term of office. The Mayor, with the advice and consent of Borough Council and the recommendation so supplied, may then, at the Borough's reorganization meeting, appoint the Chief, Assistant Chief(s), and line officers. Those appointments shall be for one year, commencing with the first day of January and until their successors are chosen.
[Amended 12-29-2007 by Ord. No. 2007-18; 9-8-2009 by Ord. No. 2009-21; 2-16-2016 by Ord. No. 2016-02]
D. 
Temporary appointments pending confirmation by Borough. In case the Borough Council shall refuse to confirm the nomination of any Chief or Assistant Chief, the Mayor of the Borough shall appoint a Chief or Assistant Chief to hold office until such officers are nominated by the CFR and confirmed by the Borough Council.
E. 
Vacancies. In case of any vacancy from any cause in the office of the Chief, the Assistant Chief shall perform the duties of Chief, and the Mayor shall appoint an Assistant Chief for the unexpired term, subject to approval of the Council.
F. 
Duties of the Chief.
(1) 
The Chief of the CFR shall:
(a) 
Have full and complete control at all fires, being held accountable for his actions to Council only, and make such written and verbal reports as the Mayor and Council may require. All other CFR officers shall be accountable to the Chief, or such officer as shall be acting as Chief in his absence, and to Council.
(b) 
Formulate rules and regulations to govern the CFR subject to approval of the Board of Fire Officers and the Mayor and Council, and be responsible to the Mayor and Council for the personnel, morale and general efficiency of the CFR.
(c) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F(1)(c), concerning the conducting of drills or instruction in various five-related matters, was repealed 9-8-2009 by Ord. No. 2009-21.
(d) 
Assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the crime, origin and circumstances of all fires of questionable origin.
(2) 
In the absence of the Chief, the Assistant Chief shall perform the duties of the Chief at all fires and emergencies. In the absence of the Assistant Chief, the Captain shall serve in this capacity.
(3) 
It shall be the duty of the Chief, the other officers and members of the CFR to enforce the provisions of the Fire Prevention Code of the Borough, and the amendment and supplements thereto, and any other Borough ordinance or federal, state and county law having to do with fire prevention, safety and control.
G. 
Board of Fire Officers. The Board of Fire Officers shall consist of the Fire Chief, who shall be the presiding officer, the outgoing Fire Chief of the preceding year, in an advisory capacity only, and the Assistant Fire Chief, Captain and the Lieutenants of the CFR. The Board shall be under the supervision of the Council. All decisions of the Board of Fire Officers shall be by a majority vote of its members.
H. 
Duties of CFR officers. The Board of Fire Officers shall be the advisory board of the CFR charged with its supervision and have entire control over the management of the CFR, subject to the approval or veto power of Council over its acts. The Board of Fire Officers shall meet at such times as the Board shall designate to transact the business of the CFR. The Board shall also consider, hear and, on notice, decide any written grievance with respect to any ruling, order or penalty imposed by any officer of the CFR. The Board of Fire Officers shall submit written reports on the first day of January and July in each year to the Mayor and Council of the conditions of the various pieces of apparatus and equipment and condition of fire hydrants; the number, date, cause, loss and location of all fires; the number of members in each company, and the number of active members in the CFR, resignations and expulsions, if any, and new members elected; and shall include in their final or annual report comparative data for previous years and recommendations of the CFR.
A. 
Ownership. The title to ownership of all apparatus, equipment, hose and other property used by the CFR shall be vested in the Borough. Council shall have the authority to lease or purchase adequate housing facilities for all Borough-owned fire apparatus, equipment, supplies and furnishings for the CFR. It shall also have the right, when it shall be deemed necessary, to hire a full- or part-time maintenance man to care for and maintain fire apparatus, equipment and buildings used by the CFR. The CFR shall be equipped with such apparatus and other equipment as may be required from time to time to maintain its efficiency and properly protect life and property from fire. Recommendations for apparatus and equipment needed shall be made by the Board of Fire Officers to Council. Purchases of apparatus and equipment shall be made only by Council at such time and manner as it shall determine.
B. 
Regulations. No person shall use any Borough-owned fire apparatus or equipment for any private purpose, nor shall any person willfully and without authority take away or conceal any article belonging to or used in any way by the CFR.
C. 
Right to enter fire houses; mutual aid; fire apparatus drivers; removal of apparatus.
(1) 
No person shall enter any place where fire apparatus is housed, nor handle any equipment, property or apparatus belonging to the CFR, unless accompanied by or having the special permission of an officer or authorized member of the CFR.
(2) 
The Chief of the CFR is authorized to extend aid to neighborhood communities upon request for fire protection or to establish a mutual aid system in accordance with the laws of the State of New Jersey.
(3) 
No person shall become an apparatus driver unless he or she is a licensed automobile driver in the State of New Jersey and has at least three years of experience in driving automobiles/trucks.
(4) 
No person shall drive a fire apparatus unless he or she is an appointed apparatus driver or in an emergency is approved by the officer in charge of the emergency. It shall be the duty of the drivers, based on a schedule and checklist provided by the Fire Chief, to regularly and frequently inspect the apparatus, provide for the maintaining of all fluid levels, and inspect all fire-fighting gear so provided on the apparatus such that the apparatus and equipment are ready for the next alarm.
(5) 
No apparatus shall be removed or permitted to leave the Borough without the consent of the Chief or the next highest ranking officer available. The officer in charge of the CFR shall have the power to assign the equipment for response to calls for outside aid in accordance with this paragraph and in other cases only when the absence of such equipment, in his judgment, will not jeopardize protection in the Borough.
[1]
Editor's Note: Former § 26-11, Bylaws, was repealed 9-8-2009 by Ord. No. 2009-21.
The officers and members of the Clementon Fire Rescue shall at all times be subject to and under the control of such rules and regulations as Council may from time to time adopt.
[Added 11-25-2008 by Ord. No. 2008-22]
Clementon Fire Rescue shall be reimbursed pursuant to the following schedule by the person or entity responsible, as follows:
A. 
Hazardous materials cost recovery:
(1) 
Firefighter: $25 per hour.
(2) 
Fire rescue apparatus: $100 per hour.
B. 
The person or entity responsible shall also reimburse Clementon Fire Rescue for the replacement of any disposable, lost, stolen or damaged equipment related to the incident at the current replacement cost.