Township of West Windsor, NJ Article VIII Department of Public Safety

[Amended 5-13-1996 by Ord. No. 96-10; 2-7-2000 by Ord. No. 2000-01; 11-10-2003 by Ord. No. 2003-27; 6-28-2004 by Ord. No. 2004-14; 11-29-2004 by Ord. No. 2004-32; 9-4-2007 by Ord. No. 2007-17; 4-2-2009 by Ord. No. 2009-05; 4-6-2010 by Ord. No. 2010-06; 7-9-2012 by Ord. No. 2012-10; 5-28-2013 by Ord. No. 2013-11; 9-15-2015 by Ord. No. 2015-12]

§ 4-32 Department established; Department Director.

There shall be a Department of Public Safety headed by the Public Safety Director, who shall be the Mayor.

§ 4-33 Department divisions.

In the Department of Public Safety, there shall be the following divisions:

A. Division of Fire and Emergency Services.

B. Volunteer Fire Division.

C. Office of Emergency Management.

D. Police Division.

§ 4-34 Division of Fire and Emergency Services.

A. There shall be a Division of Fire and Emergency Services headed by a Chief of Fire and Emergency Services. In addition to the Chief of Fire and Emergency Services, the Division shall consist of fire captains and firefighters, per-diem members as well as volunteer emergency medical technicians. The Chief of Fire and Emergency Services shall be appointed by the Director of Public Safety. The Division of Fire and Emergency Services is established to provide assistance to the Volunteer Fire Division in the control and extinguishment of fires and to provide Fire Code enforcement as well as other assigned duties.

[Amended 11-18-2019 by Ord. No. 2019-35; 2-24-2020 by Ord. No. 2020-08]

B. Command and authority.

(1) The Division of Fire and Emergency Services shall have supervisory authority over all paid and volunteer personnel and the operation of the Volunteer Emergency Medical Services Unit and its respective officers, but no supervision over the volunteer fire companies.

(2) The Division of Fire and Emergency Services shall have operational command authority of patient care at all EMS incidents.

(3) The Division of Fire and Emergency Services shall assist the Volunteer Fire Division to administratively manage all matters of municipal finance, municipal purchases and municipal personnel for the volunteer organizations, in conjunction with the Township Business Administrator and/or Chief Financial Officer.

(4) The Division of Fire and Emergency Services shall have no authority over any funds provided to the volunteer fire companies.

(5) The Division of Fire and Emergency Services will, in concert with the volunteer fire companies, develop job descriptions and procedures for any municipal personnel hired to perform duties related to the Fire and Emergency Services Division and Volunteer Fire Division.

C. Volunteer Emergency Medical Services Unit.

(1) Establishment. There is hereby established in the Township a Volunteer Emergency Medical Services (EMS) Unit in the Division of Fire and Emergency Services. The Volunteer EMS Unit shall consist of volunteer members. Members of the Volunteer EMS Unit shall not be paid in any manner or by any organization to perform emergency medical services to the Township. However, members of the Volunteer EMS Unit shall be eligible for the length-of-service award program (LOSAP) in compliance with municipal and state regulations.

(2) Qualification for membership. No person shall become a patient care provider of the Volunteer EMS Unit unless he/she is at least 18 years of age and a resident of the United States, resides within 10 miles of Township borders and has obtained a New Jersey EMT-B certification.

(3) Membership. Individuals may become members of the Volunteer EMS Unit by applying in a manner determined by the Chief of Fire and Emergency Services.

[Amended 2-24-2020 by Ord. No. 2020-08]

(4) Responsibilities and authority. Operational command authority and patient care responsibility at all EMS incidents or responses shall rest with the Division of Fire and Emergency Services. The Volunteer EMS Unit provides volunteer EMS to West Windsor Township. Specific EMS command responsibilities of the Volunteer EMS Unit shall be determined by the Chief of Fire and Emergency Services.

[Amended 2-24-2020 by Ord. No. 2020-08]

(a) The Volunteer EMS Unit may, with the approval of the Chief of Fire and Emergency Services, select its own officers. Officer titles for the Volunteer EMS Unit will be determined by the Chief of Fire and Emergency Services.

D. Civilian Emergency Response Team (CERT).

(1) Establishment. The Township of West Windsor establishes and creates the West Windsor CERT Team as a program within and under the direction of the Division of Fire and Emergency Services.

(2) The criteria for membership in CERT shall be as follows:

(a) Citizen or legal resident of the United States.

(b) Resident of the Township of West Windsor or business owner or employee of a business within the Township.

(c) Eighteen years of age or older.

(d) Subject to background check.

(e) Successful completion of FEMA/NJ State Police approved CERT training.

(f) Members shall be approved by the Director of Public Safety and shall serve indefinitely unless or until their resignation, ineligibility, removal or inability to serve for any other reason.

(g) Completion of any future training required for CERT volunteers.

(3) West Windsor CERT shall be managed by the Chief of Fire and Emergency Services, who is also the Deputy Coordinator of Emergency Management, Coordinator or his designee.

[Amended 2-24-2020 by Ord. No. 2020-08]

(4) When needed, West Windsor CERT shall be comprised of the following officers:

(a) CERT Team Coordinator. It shall be the responsibility of the CERT Coordinator to maintain membership certification, training and attendance records for all CERT members.

(b) CERT Team Squad Leader(s), each squad being comprised, ideally, of six persons in addition to the Squad Leader.

(5) CERT members shall serve without compensation for their services provided.

(6) The authorized role of trained CERT members includes but is not limited to the following:

(a) Assisting as a resource center/shelter aid.

(b) Assistance to emergency services teams in areas of recordkeeping, communication and logistical support.

(c) Performing public assistance checks for senior citizens and disabled residents.

(d) Assisting first responders or public works employees in nonhazardous duties at disaster scenes or during rescue operations as authorized by, and under the direction of, the Chief of Fire and Emergency Services or his/her designee.

[Amended 2-24-2020 by Ord. No. 2020-08]

(e) Assisting with large nonemergency events within the Township under the direction of and as authorized by the Chief of Fire and Emergency Services or his/her designee.

[Amended 2-24-2020 by Ord. No. 2020-08]

(f) In the event of an emergency, the CERT will be activated through the West Windsor Office of Emergency Management under order of the OEM Coordinator.

E. Responsibilities of the Chief of Fire and Emergency Services shall include, but not be limited to, the following:

[Amended 2-24-2020 by Ord. No. 2020-08]

(1) Supervision of paid fire and emergency services personnel in the control and extinguishment of fires and the provision of emergency medical services as well as other assigned duties.

(2) Public safety education activities in conjunction with the Volunteer Fire Companies.

(3) Administration/command of all hazardous materials activities and incidents with relation to the United States Environmental Protection (EPA), Superfund Amendments and Reauthorization Act requirements.

(4) Public employees — OSHA activities as they relate to emergency services and other personnel.

(5) Purchasing of municipally funded fire and emergency services equipment and vehicles.

(6) Coordination and implementation of any rules, regulations or laws which would affect fire and emergency medical services.

(7) Supervision of personnel hired to fulfill operational duties for fire and emergency service units.

(8) Mediation of any activities or disputes involving the volunteer emergency service organizations when requested by any organization or Township administration.

(9) Planning for the overall development of emergency services, including the orderly growth of the paid professional fire and emergency services personnel in conjunction with the fire companies.

(10) Performance of other relevant duties as determined by the Mayor or Township Business Administrator.

(11) Development and enforcement of rules, regulations, general orders and standard operating procedures for the management and oversight of the Division of Fire and Emergency Services.

(12) Supervision of volunteer personnel assigned to the Volunteer EMS Unit.

(13) Supervising volunteer CERT Team members.

F. Appointment and duties of a Fire Marshal.

(1) There shall be a Fire Marshal of the Township appointed by the Business Administrator, who may be the same as the Chief of Fire and Emergency Services.

[Amended 2-24-2020 by Ord. No. 2020-08]

(2) Duties of the Fire Marshal. The duties of the Fire Marshal shall include, but not be limited to, the following:

(a) Serving as Fire Official of the Local Enforcing Agency (LEA) as established by the New Jersey Uniform Fire Safety Code[1] and any local amendments to the New Jersey Uniform Fire Safety Act.[2]

[1] Editor's Note: See Ch. 89, Fire Prevention.

[2] Editor's Note: See N.J.S.A. 52:27D-192 et seq.

(b) Performing all plan review and inspections relative to fire protection on applications submitted to the Planning Board and Zoning Board.

[Amended 7-30-2018 by Ord. No. 2018-20]

(c) Performing the periodic inspections of life hazard uses required by the Uniform Fire Safety Code on behalf of the Commissioner of the New Jersey State Department of Community Affairs.

(d) Performing any and all other duties as required by law or by the appropriate Township officials.

G. Board of Appeals. Pursuant to the applicable provisions of the Uniform Fire Safety Act, any person aggrieved by any order of the Fire Marshal's office, Fire Official and/or any agent thereof as it applies to the Uniform Fire Safety Act or its regulations shall have the right to appeal to the Mercer County Construction Board of Appeals.

§ 4-35 Volunteer Fire Division.

A. Establishment. There is hereby established in the Township a Volunteer Fire Division. The Volunteer Fire Division shall consist solely of the Princeton Junction Volunteer Fire Co. No. 1, Inc., and the West Windsor Volunteer Fire Company No. 1, Inc.

B. Designation of companies. Membership in the Volunteer Fire Division shall be limited to those members belonging to the Princeton Junction Volunteer Fire Company No. 1, Inc., of Princeton Junction, and to the West Windsor Volunteer Fire Company No. 1, Inc., of Dutch Neck.

C. Responsibilities and authority. The Volunteer Fire Division shall have complete responsibility for all fire suppression and control activities in West Windsor Township, with the support of paid staff within the Division of Fire and Emergency Services. In addition, the Volunteer Fire Division shall have responsibility for any incidents in West Windsor Township which, through the threat of fire, are considered a threat to public safety or property. Operation command authority shall rest solely with the fire company having jurisdiction as delineated by the map entitled "West Windsor Fire Dispatch Line Map," dated August 13, 1979, and on file in the office of the Township Clerk, unless the ranking officer turns over the operational command to the Chief of Fire and Emergency Services.

[Amended 2-24-2020 by Ord. No. 2020-08]

D. Qualifications for membership. No person shall hereafter become an active firefighter in the Township Volunteer Fire Division unless said person is at least 18 years of age and a resident of the United States. Said person shall be physically fit to perform all duties of a firefighter, as evidenced by a certificate to that effect by a practicing physician of the State of New Jersey after physical examination for the purpose.

E. Dispatch procedures. All fire calls shall be dispatched to the appropriate volunteer company in accordance with a map entitled "West Windsor Township Fire Dispatch Line Map," dated August 13, 1979, and on file in the office of the Township Clerk and in accordance with 9-1-1 regulations.

§ 4-36 Office of Emergency Management.

A. There shall be an Office of Emergency Management, pursuant to N.J.S.A. App. A:9-40.1 et seq. and Executive Order No. 101, in the Department of Public Safety, and there shall be a Coordinator of Emergency Management.

B. The Coordinator of Emergency Management shall be responsible for the planning, coordinating, directing and control of emergency management operations.

C. All departments of the Township of West Windsor shall cooperate with and assist the Office of Emergency Management.

§ 4-37 Police Division.

[Amended 6-12-2017 by Ord. No. 2017-19; 9-4-2018 by Ord. No. 2018-23; 6-14-2021 by Ord. No. 2021-10; 2-28-2022 by Ord. No. 2022-02; 1-23-2023 by Ord. No. 2023-01]

A. The Police Division of the Township is hereby established with such number of subordinate police officers and sworn police positions as designated by the Mayor and authorized by the Council. The Police Division shall be headed by a Chief of Police or ranking sworn officer, who shall be appointed by the Director of Public Safety and whose duties and responsibilities shall be those governed by law, Township Code, where applicable, and the rules and regulations of the West Windsor Police Division.

B. Each regular police officer shall hold office and continue in said employment during good behavior and efficiency after having properly completed a one-year probationary period, pursuant to law, and no police officer shall be removed from office or employment for any causes other than incapacity, misconduct, neglect of duty, conduct unbecoming a police officer or disobedience of the rules and regulations established and hereafter established for the Division or absence from duty without just cause.

C. Any permanent member of the Police Division may be suspended, removed/discharged, fined or reduced in rank from or in office for just cause upon due notice and written charges filed with the Director of Public Safety or designee and served upon the member so charged with notice of a hearing thereon. The Director of Public Safety or designee shall have the power to suspend without pay the member so charged, pending determination of such charges. The hearing shall be held not less than 10 nor more than 30 days from the date of service of the complaint. Said hearing shall take place pursuant to the rules and regulations of the Police Division.

D. The Mayor of the Township shall serve as Public Safety Director and as the appropriate authority responsible for adopting and promulgating the rules and regulations of the Police Division.

E. The Police Division shall consist of no more than one Chief of Police, four Lieutenants, 11 Sergeants, 34 patrol officers, and 10 special law enforcement officers Class III (SLEOIII).

F. To maintain effective staffing levels within the Police Department, the Chief of Police, with written consent from the Director of Public Safety, may fill the position of a retiring officer on terminal leave with a police recruit who will concurrently enter the Police Academy. The police recruit shall be assigned to the Police Academy and shall not be included in the total Police Division count listed in Subsection E because they do not possess a New Jersey Police Training Commission Certification and therefore cannot function in the capacity of a sworn police officer. All employees of the Department shall be subject to the rules and regulations of the Department, but only sworn officers shall be considered as police officers.

§ 4-38 (Reserved)