[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright 4-2-2013 by Ord. No. 5-2013.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
20, Fire Department, consisting of Art. I, Establishment, adopted
2-23-1968 as Art. I of Ch. 8 of the Codified Ordinances, as amended;
Art. II, Sea Bright Fire Department Cadet Company, adopted 9-17-2002
by Ord. No. 10-2002; Art. III, First Aid Squad, adopted 5-21-1996
by Ord. No. 40-96, as amended; and Art. IV, Disclosure of Information
for Fire and Rescue Squad Membership, adopted 2-3-1998 by Ord. No.
71-98.
The authority having jurisdiction over fire and rescue related
incidents within the Borough of Sea Bright shall be known as the "Sea
Bright Fire Rescue," known herein as "SBFR," in accordance with N.J.S.A.
40A:14-68. Said organization shall be composed of the incorporated
fire companies within the Borough of Sea Bright.
[Amended 5-6-2014 by Ord. No. 7-2014; at time of adoption
of Code (see Ch. 1, General Provisions, Art. II)]
Pursuant to N.J.S.A. 40A:14-68, the members of the Sea Bright
Fire Rescue shall be under the control of the Borough of Sea Bright
at all times, acting through its Borough Administrator or his/her
designee, and in performing fire duty shall be deemed to be exercising
a governmental function.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The SBFR will be comprised of the below-listed hierarchy. The job
description for each position shall be described within this chapter
of the Code of the Borough of Sea Bright.
B.
Department Chief.
(1)
In all cases of fire threatening danger or destruction of property
within the Borough of Sea Bright, the Department Chief shall take
prompt and efficient measures and use all the means of the SBFR to
extinguish the fire. The Department Chief shall, at such time, and
on all occasions of fire alarm, have sole and absolute control and
command over all the apparatus and all members of the SBFR. The Department
Chief shall have sole control and command of all other fire apparatus
and persons aiding and assisting the SBFR in cases of actual fire
pursuant to N.J.S.A. 40A:14-54.1, powers of Department Chief to supersede
local police authority within fire lines.
(2)
The Department Chief will have the overall control of the operational
and administrative duties of the SBFR.
(3)
The Department Chief will be elected by the membership, as a whole,
of the incorporated fire companies that comprise SBFR. This election
will take place during a Department meeting during the month of November.
(4)
The elected Department Chief shall be appointed on the first day
of the New Year with the approval of the Borough Council for a term
of one year, but shall hold office until his/her successor is appointed.
The Department Chief must be an active member of one of the incorporated
companies of the SBFR.
(5)
In the event of a vacancy in the office of Department Chief, the
Deputy Chief will be appointed by the Borough Council to serve as
Acting Department Chief until a new Fire Chief is elected by the membership.
(6)
No member shall be considered by the Borough Council for the position
of Department Chief without prior proof that the member has met the
standards and qualifications set forth by the State of New Jersey.
(7)
The Department Chief shall periodically inspect all apparatus and
satisfy himself/herself that it has been properly cleaned, maintained,
and made ready for use when needed. The Department Chief shall call
upon the Chief Engineer to gather a sufficient number of firefighters
to assist in the work of putting and keeping everything in readiness
for service. The Department Chief shall be required to stay familiar
with the physical condition of the equipment, apparatus and firehouses
and take all necessary measures to have all portions thereof ready
for instant use. To this end, he/she shall make, or cause to be made,
frequent visits for the purpose of inspections at least quarterly
at each firehouse, and shall keep a record of such inspection by date
and in detail as to the conditions then existing.
(8)
The Department Chief shall render to the Borough Council through
the Borough Administrator a monthly report giving in detail a record
of the services of the SBFR during the previous month. An annual report
shall be given by January 1 of each year summarizing the year's services.
Each report shall include and describe each actual fire and the cause
as well as the loss estimate sustained. In addition, each report shall
also include full information as to the organization, personnel, equipment,
records, apparatus, and firehouse and shall be accompanied by a financial
statement of each company, if necessary, as provided by N.J.S.A. 40A:14-34.
The Department Chief shall also make recommendations for the maintenance
and betterment of the fire service. Furthermore, the Department Chief
shall make specific reports on matters relating to the SBFR whenever
directed to do so by the Borough Administrator and/or Borough Council.
(9)
The Department Chief shall have overall responsibility for the proper
management, discipline, and training of SBFR members. He/she shall
approve all tools, appliances, equipment and apparatus used by the
Fire Department.
(10)
The Department Chief shall have the authority to establish, organize,
and manage subdivisions of the SBFR to carry out its mission subject
to review and approval of the Borough Council.
(11)
The Department Chief shall set Department policy, establish rules
and regulations, and standard operating guidelines for the efficient
operation of the SBFR.
(12)
The Department Chief shall submit to the Borough Administrator a
proposed budget for the following calendar year which shall be considered
by the Borough Council as part of the Borough's budget process.
(13)
The Department Chief shall administer discipline when necessary and
when recommended by a Disciplinary Review Board.
(14)
The Department Chief shall prescribe the specifications for, and
the manner of wearing of, all SBFR uniforms and personal protective
clothing used in the Department.
C.
Deputy/Assistant Chief.
(1)
The Deputy Chief of the SBFR will be responsible for all the duties
of the Department Chief and shall assume those duties in the absence
of the Department Chief.
(2)
The Deputy Chief will assist the Department Chief with the organizational
and administrative duties as needed.
(3)
The Deputy Chief will be elected by the membership, as a whole, of
the incorporated fire companies that comprise SBFR. This election
will take place during a Department meeting during the month of November.
(4)
In the event of a vacancy in the office of Deputy Chief, said office
will remain vacant until the membership conducts an election for the
choosing of a replacement. Following that election, the chosen member
will be appointed to the position by the Borough Council to complete
the unexpired term.
(5)
The elected Deputy Chief shall be appointed on the first day of the
New Year at the advice of the Department Chief and approval of the
Borough Council for a term of one year, but shall hold office until
his/her successor is appointed. The Deputy Chief must be an active
member of one of the incorporated companies of the SBFR.
(6)
No member shall be considered by the Department Chief nor the Borough
Council for the position of Deputy Chief without prior proof that
the member has met the standards and qualifications set forth by the
State of New Jersey.
D.
Fire Captain/Fire Lieutenants.
(1)
The Captains and Lieutenants of the SBFR shall be considered company
level officers and will be immediately responsible for the direction
of the members at a fire scene through orders given by the incident
commander. The Fire Captain or Fire Lieutenant may assume the role
of the Incident Commander when the Department Chief or Deputy Chief
is absent. The Fire Captain and Fire Lieutenants may be assigned operational
and administrative duties to assist the Department Chief or the Deputy
Chief as needed.
(2)
The Captains and Lieutenants of the SBFR will be elected by the membership,
as a whole, of the incorporated fire companies that comprise SBFR.
This election will take place during a Department meeting during the
month of November.
(3)
In the event of a vacancy in the office of the Captain or Lieutenants,
said offices will remain vacant until the membership conducts an election
for the choosing of a replacement. Following that election, the chosen
member will be appointed to the position by the Borough Council to
complete the unexpired term.
E.
Chief Engineer.
(1)
The position of Chief Engineer shall be filled by appointment of
the approving authority (Borough Council) from a list of qualified
candidates through a written letter of intent to the Borough Administrator
and a review by the Borough Council for the best qualified candidate.
(2)
The Chief Engineer will be directly responsible for ensuring that
the apparatus and all of its equipment is maintained and in good working
order. It will be the responsibility of the Chief Engineer to ensure
that all annual testing is completed and that any deficiencies are
immediately reported to the Department Chief in writing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall be permitted to serve in the Sea Bright Fire
Rescue unless and until such person shall have made a volunteer's
application to an incorporated fire company which comprises SBFR and
have been recommended by the Department Chief and approved by the
Borough Council of the Borough of Sea Bright by resolution or a motion
adopted at a Borough Council meeting.
A.
Application
for membership. Any person desiring membership in a volunteer fire
company, first aid company and/or rescue squad shall complete, in
duplicate, filing the same with the volunteer fire company or first
aid/rescue squad, an application, the form of which may be prescribed
by the volunteer fire company or first aid/rescue squad, but which
shall contain the following information about the applicant:
(1)
Name.
(2)
Home address.
(3)
Birth date.
(4)
Social security number.
(5)
Driver's license number.
(6)
Any conviction of a crime or disorderly persons violation.
(7)
Such other information as the volunteer fire company or first aid
company/rescue squad deems relevant to the application, provided that
said information is not prohibited by law.
B.
Approval of members. The names of all prospective firefighters shall
be submitted to the Borough Council, along with the completed application
as provided in the above subsection, and approved by the Borough Council
prior to any performance of fire service by any prospective member.
Additionally, prospective firefighters may be required to have a pre-appointment
physical by a physician designated by the Borough Council.
C.
Background checks. The Borough Council shall order a criminal investigation
into the record of a prospective firefighter. Such background checks
shall be conducted by the Chief of Police. In connection with said
investigation, the applicant shall submit to fingerprinting, and the
Chief of Police or his authorized designee is authorized to submit
the applicant's fingerprint card and receive state criminal history
record information, the fee for which shall be paid for by the applicant,
from the Division of State Police/State Bureau of Identification for
use in considering the suitability of all applicants. The investigation
by the Chief of Police shall be completed within 30 days of receipt
of the application and the fingerprinting of the applicant. The results
of the background check shall be forwarded to the Borough Council,
who shall consider the results in deciding upon membership in the
SBFR. Applicants with a criminal background may be precluded from
serving in the SBFR. Successful applicants shall be refunded the cost
of their criminal record search by the Borough.
D.
Report on current membership roster. On or about January 1 of each
calendar year, the Department Chief shall submit to the Borough Clerk
a list of all individuals who meet the definition of active member
as defined by this chapter and the bylaws of the respective fire companies.
Updates shall be provided to the Borough Clerk on a periodic basis
to add those individuals who have completed their probationary status
or to delete individuals who have dropped their membership or who
otherwise no longer meet the criteria of active member. The Borough
Clerk shall maintain the list of active members.
Classes of membership and requisite qualifications for membership
in the SBFR shall be as follows:
B.
Active
reserve/seasonal member.
C.
Fire
Rescue Cadet member.
(1)
Each volunteer fire company may have a Junior Firefighters' Auxiliary
or Explorer program whose members shall not be required to perform
duties which would expose them to the same degree of hazard as an
active member.
(2)
Rules and regulations. Each junior firefighter/explorer shall be
governed by the following rules and regulations:
(a)
A junior firefighter/explorer may attend after joining.
(b)
A junior firefighter shall be between the ages of 16 and 18.
(c)
A junior firefighter/explorer must be a citizen of the United
States or a resident of the State of New Jersey.
(d)
A junior firefighter/explorer shall wear full turnout gear while
riding fire apparatus and performing fire duties.
(e)
At no time during a fire shall a junior firefighter/explorer
enter a burning structure or any hazardous atmosphere.
(f)
A junior firefighter/explorer may deliver such items as hand
lights, exhaust fans, axes, and pike poles from the fire apparatus
to the active/nonactive firefighters fighting fires, but only to those
firefighters outside the structure.
(g)
At the scene of a fire, a junior firefighter/explorer may roll
hose or help repack hose onto the fire apparatus.
(h)
Once a fire has been extinguished a junior firefighter/explorer
may, upon the instruction of and the direction of a line officer,
assist in the inside cleanup operations.
(i)
A junior firefighter/explorer may only ride in the jump seat
or cab of the apparatus.
(j)
Under the instruction and at the direction of a line officer,
a junior firefighter/explorer during drills may perform certain duties
such as holding water lines, ladder work, and practice rescue work
and pumper operations.
(k)
A junior firefighter/explorer shall assist in keeping the fire
apparatus, firehouses and grounds clean. They shall also assist in
all fire company and Department activities.
(3)
Parental consent. A copy of the rules and regulations and of any
additional rules and regulations imposed by the volunteer fire company
whose auxiliary the junior member or explorer member wishes to join
shall be given to the parents or guardian of the junior/explorer firefighter.
A copy of the rules and regulations signed by the parents or guardian,
as well as express written permission from the parents or guardian
to participate in the auxiliary/explorer program, shall be required
from each junior/explorer member prior to membership in an auxiliary.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
There may be active or associate members of the Sea Bright Fire
Rescue who may also be designated as fire police pursuant to N.J.S.A.
15:8-4. These members shall serve for a five-year term and be at the
direction of the Department Chief. Before commencing their duties
as fire police, a background check must be conducted. Such members
must qualify as fire police by taking and subscribing to an oath to
be administered by the Municipal Clerk that they shall justly, impartially
and faithfully discharge their duties to the best of their ability
and understanding. Fire police shall perform their duties under the
supervision of the fire officer in charge of the fire or fire drill.
A.
Such duties
shall include:
(1)
Protection of property and contents;
(2)
Establishing and maintaining fire lines;
(3)
Performing such traffic duties as necessary, from the fire station
to and at the vicinity of the fire, fire drill or other emergency
call, until the arrival of a duly authorized police officer;
(4)
In the absence of investigating authorities, investigating all causes
of fire and preserving of all evidence pertaining to questionable
fires, and turning over of evidence to proper investigating authorities;
and
(5)
Wearing the authorized fire police badge while on duty.
B.
Nothing set
forth in this section is intended to give the fire police the right
to supersede a duly authorized police officer.
A.
Fire drivers will be designated into two separate groups: auxiliary
and probationary.
B.
Auxiliary drivers will be determined in December of the preceding
year by the Department Chief and the Chief Engineer. Members qualifying
for the auxiliary drivers' list must be competent in the operation
of all Department apparatus and must be an active member of the Department
answering greater than 50% of fire alarm calls.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
No more than 10 auxiliary drivers will be permitted per fiscal year.
D.
All fire drivers must possess a Firefighter I certification and maintain
a valid State of New Jersey operator's license. Additional requirements
may be set forth by the SBFR in Department policy.
E.
If a driver's license is revoked or canceled, the driver shall become
disqualified and his or her office vacated on the date of such revocation,
cancellation or expiration. Additionally, drivers shall be subject
to control of the Department Chief, who may, for just cause, remove
a driver or impose a suspension.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Fire apparatus representing the Borough of Sea Bright shall be removed
from the firehouses in which they are housed only upon dispatch to
an incident or for training, maintenance, refueling or other approved
reason. Frivolous use of fire apparatus is prohibited. The Fire Chief
shall report any violations of this provision to the Borough Administrator
or his/her designee, and may suspend or remove the driver responsible.
B.
No portion of the equipment or apparatus of the Fire Department shall
be permitted to leave the Borough of Sea Bright to attend social functions
(parades, musters, etc.) except with the written consent of the Department
Chief and the approval of the Mayor. Responses to call for aid outside
of the municipality shall be in accordance with state, county, and
local mutual aid protocols. In such cases, the Department Chief shall
designate which portion of equipment or apparatus may be sent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The members and officers of the Sea Bright Fire Rescue shall
comply with any and all requirements as set forth by the Borough of
Sea Bright's current joint insurance fund carrier.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It shall be the duty of all officers and members to maintain
proper discipline and decorum at all times. All members shall faithfully
and promptly obey the rules, regulations, policies, and procedures
set forth by the SBFR and the lawful orders of superiors. Written
charges may be filed against any member by any other member, a member
of the public, or a public or private entity. The Department Chief
shall have the authority to summarily discipline any offender, or
he/she may choose to convene a Disciplinary Review Board.
A.
Options. Disciplinary action may take the form of a verbal warning,
written notice to improve performance, official written reprimand,
revocation of privileges, suspension not to exceed one year, or expulsion
from the Fire Department. Only the Disciplinary Review Board can impose
expulsion.
B.
Authority to impose. The Department Chief may administer all levels
of disciplinary action. An expulsion order shall only be drawn up
upon recommendation from the Disciplinary Review Board. The Department
Chief may impose discipline in the form of up to a six-month suspension.
Captains and Lieutenants may impose discipline in the form of up to
an official written reprimand. Written reports of all disciplinary
action by subordinate officers shall be forwarded to the Department
Chief within 48 hours of imposition.
C.
Disciplinary Review Board.
(1)
Composition.
(a)
A Disciplinary Review Board shall consist of three individuals
as follows: the Borough Administrator, the Deputy Fire Chief and the
Department Chief.
(b)
When the Board meets, the Borough Administrator shall chair
the proceedings.
(c)
If any Board member is a party to the case or has an inherent
conflict in the proceedings, he/she shall be disqualified from serving
on that particular case.
(2)
Alternate Board members in case of conflict. A list of at least three
potential alternate Board members to serve in the face of a conflict
will be developed and maintained at all times by the Disciplinary
Board members. Said list shall include, but not be limited to, senior
department heads, a chief officer from another fire department, the
County Fire Marshal or his/her designee, and/or a representative of
the New Jersey Division of Fire Safety. In the event a conflict occurs
during a given case, the nonconflicted Board members shall choose
the alternate Board member, and, in the event they cannot agree on
the name of that alternate member, the list of proposed alternate
Board members shall be forwarded to the Borough Council which shall
be responsible for making the final decision from that list.
(3)
Duties. The Disciplinary Review Board shall conduct impartial hearings
to review formal charges brought against members. After hearing testimony
from both sides, the Board shall deliberate and render a decision.
If the decision sustains the charges, the Board shall also recommend
disciplinary action to the Borough Council.
(4)
Proceedings. A hearing shall commence before the Disciplinary Review
Board within a reasonable time following submission of written charges
to the Department Chief. The accused shall be provided an opportunity
to present his/her defense, with or without the assistance of an attorney,
and to present witnesses and cross-examine any person testifying against
him/her. All testimony shall be given under oath. If deemed necessary
by either the Board or the accused, a court reporter may be hired
to record and transcribe the proceedings, with the total costs thereof
being evenly split between the accused and the Borough of Sea Bright.
(5)
Written decision required. Within 10 days of reaching a decision,
the Board shall provide written copies of its findings to both parties.
(6)
Implementation of decision. The Borough Council shall implement disciplinary
action upon a guilty finding by the Disciplinary Review Board. With
sufficient justification, the Borough Council may impose a lesser
penalty than that recommended by the Disciplinary Review Board, but
shall not impose a stronger penalty. Implementation shall begin after
the time period for appeal has expired, or immediately after an appeal
has been denied.
(7)
Appeals. An appeal may be taken to the Borough Council if written
notice of appeal is served to the Department Chief within five calendar
days of receipt of the decision of the Disciplinary Review Board.
If notice of appeal is not served upon the Department Chief within
this time period, the right to appeal shall be deemed waived. The
appointing authority shall make its determination based upon the written
findings and/or transcript if one has been prepared by the Disciplinary
Review Board. The appointing authority may elect to hear additional
testimony. The decision of the appointing authority shall be final.
(8)
Concurrent suspension. If an officer or fire company suspends a member,
that member shall be concurrently suspended from the SBFR and shall
not participate in any fire ground operations or training sessions
nor ride on any insured Borough fire apparatus.
(9)
Matters involving the Department Chief or Deputy Fire Chief. The
Borough Administrator shall hear matters in which the Department Chief
or Deputy Fire Chief is a party. Either official may appeal the Borough
Administrator's decision to the Borough Council.
It is understood that the SBFR may enter into agreements with
neighboring communities to provide fire and rescue services on automatic
and mutual requests for help with the knowledge that the same services
will be provided to the Borough of Sea Bright when needed.
A.
Management. Each volunteer fire company shall have the widest latitude
in the management of its company and in the conduct of internal affairs,
consistent with the purpose for which it was organized and maintained,
and the ordinances of the Borough, the rules and regulations of the
Fire Department and the laws of State of New Jersey.
B.
Constitution and bylaws. The constitution and bylaws of each company
shall conform to the provisions of this chapter and statutes. A fire
company may adopt bylaws which impose stricter standards than would
otherwise be imposed by ordinance, Fire Department rules and regulations
or statute, as long as the bylaw is not in conflict with or does not
violate any Borough ordinance, Fire Department rule or regulation,
or statute. Any fire company which shall refuse to obey or enforce
obedience of any provisions of this section at the direction of the
Borough Council shall be suspended from fire duty in the Borough at
the discretion of the Mayor and Council, and its control over the
fire apparatus and fire equipment of the Borough shall thereupon cease
and revert to the Borough. No provision in this section shall restrict
the rights of the companies in this Department to own and maintain
property in their own names.
C.
Elections. Fire company elections shall be held in the final quarter
of the year as provided for in the bylaws of each company.
A.
All active members of the SBFR shall be entitled to the following
benefits: they shall be exempt from the payment of any Borough of
Sea Bright fees for Borough training programs; Borough license and
Borough permit fees, including, but not limited to, those fees associated
with certificates of occupancy; construction code fees; Planning Board
fees; and the annual beach badge fee. These exemptions shall only
apply for the member's primary residence and shall not apply to any
rental or income property owned by the member.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Exclusion from benefits. The following fees are excluded from the
benefits provided under this section and must be paid by the members:
all escrow fees required by the Planning Board; the posting of performance
and maintenance guarantees, where required; fees for licenses and
permits associated with any firefighter operating a business within
the Borough of Sea Bright; escrows associated with engineering inspections;
inclusion in programs after registration has reached its maximum;
dog license fees; and any fee or permit which is collected for any
other entity.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Members shall also be granted unrestricted access to the Borough's
public beaches free of charge.
