[HISTORY: Adopted by the Mayor and Council of the Borough
of Spring Lake by Ord. No. 81 (§ 2-26
of the Revised General Ordinances), as amended through Ord. No. 38-2000; amended in its entirety 5-23-2023 by Ord. 2023-003. Subsequent amendments noted where applicable.]
The Spring Lake Volunteer Fire Department, ("Volunteer Department")
shall be the exclusive volunteer fire organization within the Borough.
The Volunteer Department shall have charge of such firefighting
apparatus, belonging to the Borough of Spring Lake, as may be placed
in its keeping by the Borough Council, and may provide itself with
such additional equipment as desired.
Each active member of the Volunteer Department who shall have
complied with the requirements of the Borough ordinances and the laws
of the State of New Jersey shall receive an annual compensation of
the sum of $12; such compensation to be paid in such manner and at
such time as the Borough Council shall determine. Eligibility for
compensation as active members shall be determined by the record of
each of attendance and service at fires and instruction drills.
There shall be two officers of the Fire Department of the Borough of Spring Lake ("Fire Department"), one of whom shall be the Chief of the Department as set forth in §
43-1. The other shall be the Deputy.
A. The Chief of the Fire Department shall be elected annually by the
members of the Volunteer Department on the first Tuesday in November.
Not more than 70 Borough Council appointed members of the Volunteer
Department may vote in the election for Chief. The Secretary of the
Volunteer Department annually shall provide a listing of the 70 eligible
voters to the Borough Clerk not later than 10 days before the date
of election.
B. Nominations for the position of Fire Chief shall be made by the membership
of the Volunteer Department at their regular meeting in October of
each year, and the names of the nominees shall be forwarded to the
Borough Clerk on the day following that meeting by the Secretary.
C. The candidate for Chief and Deputy Chief who receives the highest
number of votes shall be deemed elected to those offices.
D. The balloting for the office of Fire Chief shall be by written ballot.
The place of election shall be the Spring Lake Municipal Building.
The polls shall be open from 7:30 p.m. to 8:30 p.m.; however, written
ballots may be submitted to the Borough Clerk from 8:00 a.m. on the
morning of election by those eligible voters who are not able to appear
at the polls because of employment assignments or medical difficulties.
Those ballots shall be delivered to the tellers of election when the
polls open, and the tellers shall determine if the ballots were received
from eligible voters; ballots received from eligible voters shall
be counted at the close of polls.
E. The Borough Clerk shall serve as judge and the tellers shall be the
President and Vice President of the Volunteer Department. A Volunteer
Department trustee may replace an unavailable President or Vice President.
The results of the election shall be announced immediately following
the tally of the votes after the polls close.
(1) Qualifications for Fire Chief:
(a)
Completed training in Basic Fire Fighter One and Two at the
Monmouth County Fire Academy or equivalent certificate holder.
(b)
Complete current incident management level 3 as required by
the New Jersey Division of Fire Safety.
(c)
Membership in the Spring Lake Fire Department for a period of
at least five years.
(d)
Previously served as Chief or Deputy Chief for at least one
year.
(e)
Must reside within two miles of the Spring Lake Boundary.
(f)
Completed a New Jersey Level 1 Course meeting the requirements
of NFPA 1021.
(2) Qualifications for Deputy Fire Chief:
(a)
Completed training in Basic Fire Fighter One and Two at the
Monmouth County Fire Academy or equivalent certificate holder.
(b)
Complete current incident management level 2 as required by
the New Jersey Division of Fire Safety.
(c)
Membership in the Spring Lake Fire Department for a period of
at least four years.
(d)
Previously served as Captain, Lieutenant, Foreman, or Assistant
Foreman for a period of at least two years total.
(e)
Must reside within two miles of the Spring Lake Boundary.
F. The Deputy Chiefs shall be elected by the Volunteer Department not
later than their regular December meeting. The election of such officers
shall be confirmed by the Borough Council, and such officers shall
hold their respective offices at the pleasure of the Council.
G. A vacancy in the office of Chief shall be filled by the Deputy Chief
until a Department election may be held, which election shall be held
on the third Tuesday of the month following the vacancy occurring.
Nominations for the office and the election shall be the same as for
the annual election, except that there shall not be a one-month nomination
period.
H. A vacancy in the office of Deputy Chief shall be filled by the membership
of the Volunteer Department at the next regular meeting after the
vacancy occurring.
The fire fighters of the Borough shall be assigned from time
to time by the Chief of the Department to duty or service on the fire
engine, ladder truck, chemical engine or other apparatus of the Borough.
A. The number of active members of Volunteer Department shall be limited
to 70. There shall be no limit on Life or associate Members. All active
members of the Volunteer Department shall be appointed to the Fire
Department by the Borough Council, such appointment to be made only
after the candidate is duly elected by the Volunteer Department and
he has been recommended to the Council by the officers of the Volunteer
Department as a person suitable and qualified, requirements of the
State of New Jersey included, to become an active fire fighter.
B. The date of becoming an active fire fighter shall be the date upon
which such fire fighter was appointed by the Borough Council.
No person shall become a member of the Volunteer Department
unless he shall promise and engage to perform the duties of a fire
fighter as prescribed in this chapter, nor shall any person become
a member of the company unless he is at least 18 years of age.
All members of the Borough Company shall be elected such by
the Borough Council.
A. Established. The Chief shall be the budget representative in the
Volunteer Department.
B. Purpose. The purpose of this position shall be to provide continuity
in the budget process and to establish a fire budget for the Volunteer
Department which would be presented to the Borough Finance Committee,
Borough Business Administrator and Borough Chief Financial Officer.
C. Term. The budget representative shall be the Fire Chief and, in his
absence, the Deputy Chief. Said appointment shall run concurrent with
their elected position.
D. Duties.
(1) The budget representative duties shall include:
(a)
Ascertain the needs of the Volunteer Department.
(b)
Coordinate with the Officers of the Volunteer Department and
develop a proposed fire budget, which would be presented to the Borough
Finance Committee.
(c)
Meet with the Borough Finance Committee in order to review the
proposed budget so that the Finance Committee can make recommendations
to the governing body concerning the municipal budget.
(2) Vouchers submitted to the governing body on behalf of the Volunteer
Department must be signed by the Chief of the Department.
(3) The Chief shall submit a report of its budget activities to the Mayor
and Borough Council not less than annually.
The Chief of the Fire Department shall devote his time and attention
to the faithful discharge of the duties of his office. He shall examine
at least once in each month, and oftener, if necessary, the Fire house,
fire engines, ladder truck, hose, and other fire apparatus, and shall
keep in his office a record of the date of such examinations and of
the condition in which the Fire house, fire engine, hose, and other
apparatus were found by him. He shall, under the direction of the
Rre Borough Safety Committee, superintend in person and direct all
ordinary and necessary repairs to the Fire house, fire engine, hose
and other fire apparatus and the construction and erection of new
engine houses and fire apparatus which may be ordered to be built
or repaired, and he shall examine and certify all accounts for such
work. He shall keep an accurate record of the names of the officers
and members of the Fire Department and of all appointments, resignations,
and removals of the fire fighters as the same shall take place.
The Chief of the Fire Department shall, in all cases of fire
threatening damage or destruction of property within the Borough,
take prompt and efficient measures and use the means of the Department
to extinguish the same and shall, at such times and on occasions of
alarms of fire, have sole and absolute control of the Fire Department
and persons aiding and assisting the Department in cases of actual
fire. In the absence of the Chief, the Deputy Chief shall assume command.
The Deputy Chief of the Department, when attending fires, shall
obey the directions of the Chief. They shall take proper measures
to arrange the fire apparatus in the most advantageous manner and
to cause it to be worked for the effectual extinguishment of fires.
It shall also be the duty of the Chief and the Deputy Chief to cause
order to be observed by the members of the Department in going to,
working at, and returning from fires and at all other times when on
duty.
The Chief of the Department shall inquire into all violations
of the provisions of this chapter or of any law of the state or ordinance
of the Borough relating to the prevention or extinguishment of fires
and shall cause such legal proceedings to be had as shall prevent
the continuance of the same. He shall investigate the cause of all
fires which may take place within the Borough, and if the result of
such inquiry shall satisfy him that the fire was of incendiary origin,
he shall report to the Mayor, the Monmouth County Prosecutor's
office and the Monmouth County Fire Marshal that there are good and
sufficient grounds of presumption that the fire so occurring was caused
by design, and it shall therefore be lawful for the Mayor to offer
such reward as he may deem advisable or as the Council shall recommend
for the discovery and apprehension of the incendiary, to be paid on
conviction of the person or persons so offending. He shall keep a
record of all alarms of fires and of all fires which may happen within
the Borough with the cause thereof, whenever the same can be ascertained,
and the description of the building or buildings injured or destroyed,
the names of the owners or occupants, the amount of loss in such cases,
and also the amount of insurance as near as the same can be ascertained
on careful and diligent inquiry and report to Council at year end.
Whenever the fire alarm sounds, it shall be the duty of the
fire fighters to report immediately to their respective fire apparatus
and proceed where such fire shall happen, unless otherwise directed
by the Chief or the Deputy Chief, and there, under the direction of
the Chief or Deputy Chief, to manage the fire apparatus as trained,
and when the fire is extinguished, they shall return the fire apparatus
to the engine house as directed by the Chief.
It shall be the duty, subject to the direction of the Chief,
of all members of the Fire Department to prevent all persons not belonging
to the Department from entering any house or handling any apparatus
belonging to the Department, except as hereinafter provided. Every
person not a fire fighter who shall be present at a fire shall be
subject and obedient to the orders of the Incident Commander, in extinguishing
the fire, preserving order and the removal of property.
The Fire Department may adopt such bylaws and regulations for
their government subordinate to the ordinances of the Borough and
not inconsistent therewith as they may deem useful and proper in the
discharge of their duties.
Any fire fighter who shall be guilty of misconduct or negligent
of his duties as a fire fighter shall be reported by the Chief to
the Council and may be dismissed for such misconduct or neglect of
duty. Complaints made by any person to the Chief, Mayor, or any member
of the Council against fire fighters for misconduct in the performance
of their duties or neglect of the performance of such duties shall
forthwith the reported to the Council for action. Whenever any report
shall be made against any fire fighter, a full opportunity shall be
given by the Council to the party complained of to be heard in his
defense but any fire fighter so complained of may be suspended by
the Council until the final action on such complaint.
The engine, ladder truck and other apparatus of the Fire Department
of this Borough, when driven on any street in attending any fire or
alarm, shall have the right-of-way thereon, and all person driving
vehicles on such streets shall yield for the engine, truck and other
machines or apparatus.
The Fire Safety Committee of the Council shall always have the
power to make such rules and regulations as they shall deem best for
the good order and proper discipline of said Department.
A. Bureau of Instruction. A Bureau of Instruction in the Borough Fire
Department is hereby established which shall manage, perform, coordinate
all required training for the Fire Department.
(1) The Chief and the Deputy Chief of the Fire Department of the Borough
shall be the Chief and Deputy Chief, respectively, of the Bureau of
Instruction. The captain, lieutenant and chief engineers of each the
Borough fire company shall be the Instructors of the Bureau of Instruction.
(2) The Chief, Deputy Chief and Instructors of the Bureau shall receive
no compensation for their services as such.
B. Drills. The Chief of the Bureau shall cause to be held drills for
all members of the Fire Department at least once in each month and
more often when he deems necessary for the purpose of instructing
firemen in the use and handling of fire-fighting equipment and the
prevention and extinguishment of fires.
C. Deputy Chief and Instructors. The Deputy Chief and Instructors of
the Bureau shall assist the Chief and act under his direction in the
instruction of fire fighters. In the absence of the Chief, the Deputy
Chief of the Bureau shall assume all the duties of the Chief.
D. Attendance. All members of the Fire Department shall attend to the
best of their ability and when in attendance shall be obedient to
the Chief and the Instructors and exert their best effort in becoming
familiar with their duties as fire fighters.
E. Notification. The Chief of the Bureau shall notify each member of
the time and place of each drill.
F. Records. The Chief of the Bureau shall keep an accurate record of
all drills and enter the same in the record of the Fire Department.
He shall also keep a detailed record of attendance of members at drills
and enter such upon his annual report on members.
G. Reports. The Chief of the Bureau shall report in writing, for action,
any insubordination or any physical condition of members which may
render them unfitted-for service as fire fighters.
H. Instruction. Instruction of members of the Fire Department shall
include all such subjects as will render them an increased familiarity
with the purpose and use of fire-fighting apparatus and appliances,
enable them to handle and lay hose in a rapid and efficient manner,
the quick raising and moving of hose, handling of streams of water,
and the handling and use of ladders.
(1) Instruction shall include the charging of hose on the trucks as often
as possible.
(2) All other subjects shall be included as the Chief of the Bureau deems
advisable to keep members familiar with modern fire-fighting methods.
A. Established. An auxiliary, in accordance with N.J.S.A. 40A:14-95,
to the Company, Fifth Avenue, Spring Lake, New Jersey 07762 is hereby
established which is to be known as the "Junior Fire Fighters'
Auxiliary to the Spring Lake Fire Company No. 1."
B. Authorization to establish. Authorization is hereby given to establish
a Junior Fire Fighters Program in accordance with the statute, if
the membership of the company so desires.
C. Age; eligibility. All persons not less than 14 years of age and not
more than 21 years of age shall be eligible for membership in the
Junior Fire Fighters Program.
(1) A prospective junior member shall be required to obtain permission
to join from their parents or guardian.
(2) Such Permission shall be in writing and acknowledged.
D. Rules and regulations adopted; on file in Clerk's office. In
accordance with N.J.S.A. 40A: 14-98, certain rules and regulations
governing the activities of the auxiliary or auxiliaries are hereby
adopted. The rules and regulations are in writing and the same have
been filed in the office of the Borough Clerk, Fifth and Warren Avenues,
Spring Lake, New Jersey 07762 where they are available for public
inspection during normal business hours. Further, the rules and regulations
may be amended, supplemented, and deleted by subsequent resolutions
of the Borough Council.
A. Purpose. This subsection is enacted pursuant to N.J.S.A. 40:42-1
et seq., the Home Rule Act, which directs municipalities to act for
the health, welfare, and safety of its citizens and to implement N.J.S.A.
15:8-1.1.
B. Membership defined. Membership in the Spring Lake Fire Department
or the Spring Lake First Aid Squad means membership in a volunteer
fire company or first aid squad organized pursuant to Title 15 of
the Revised Statutes or Title 15A of the New Jersey statutes, membership
in a volunteer fire company or first aid squad or similar organization
constituted in a fire district pursuant to N.J.S.A. 40A: 14-70.1,
membership in a junior firefighters' auxiliary established pursuant
to N.J.S.A. 40A: 14-95, or nonpaid membership in a part-paid Fire
Department or force established pursuant to Chapter 14 of Title 40A
of the New Jersey statutes.
C. Application. Any person desiring membership in the Spring Lake Fire
Department or the Spring Lake First Aid Squad shall complete an application
which may be prescribed by Spring Lake Fire Department or the Spring
Lake First Aid Squad, but which shall contain the following information
about the applicant:
(6) Any conviction of violation of N.J.S.A. 2C:17-1:
(c)
Failure to control or report dangerous fire; or
(d)
Directly or indirectly pays or accepts any form of consideration
for the purpose of starting a fire or explosion.
(7) Any conviction of violation of N.J.S.A. 2C:33-3, False Public Alarms.
(8) Any conviction of a crime or disorderly persons violation.
(9) Such other information as the Spring Lake Fire Department or the
Spring Lake First Aid Squad deems relevant to the application, provided
that none of such information is prohibited by law.
D. Investigation by Chief of Police. Following the filing of such application
the Spring Lake Fire Department or the Spring Lake First Aid Squad
shall transmit one of the applications to the Chief of Police of the
Borough of Spring Lake who shall conduct an investigation to ascertain
the truth of the statements made by the applicant upon his/her application
and any such other investigation of the applicant's background
as he deems necessary for the protection of the public good. If as
the result of such investigation the applicant is found to have been
convicted of violation of N.J.S.A. 2C:17-la, b, c, and/or d or N.J.S.A.
2C:33-3 or any other crime or disorderly persons violation or any
other information that would indicate the applicant may be a threat
to the health, safety or welfare of the community, the Chief of Police
shall report such information and the particulars thereof to the Spring
Lake Fire Chief and/or the Spring Lake First Aid Squad Captain.
E. Fingerprinting. In connection with said investigation, the applicant
shall submit to fingerprinting, and the Chief of Police is authorized
to submit applicant's fingerpring card and receive state criminal
history record information from the Division of State Police/State
Bureau of Identification for use in considering the suitability of
all applicants covered under this section.
F. Companies to become authorized agencies. This subsection is intended
to make Spring Lake Fire Department and the Spring Lake First Aid
Squad authorized agencies as defined by N.J.A.C. 13:59-1.1.
G. Time limit for investigation. The above investigation by the Chief
of Police shall be completed within 30 days of receipt of the application
and the fingerprinting of applicant.