[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. Subsequent amendments noted where
applicable.]
The Fire Department of the Borough of Spring Lake, shall consist
of two volunteer companies: Spring Lake Fire Company No. 1 and Goodwill
Fire Company No. 2.
Each company or unit of the Fire Department shall have charge
of such fire-fighting apparatus, belonging to the Borough of Spring
Lake, as may be placed in their keeping by the Borough Council, and
may provide itself with such additional equipment as desired.
Each active member of the Fire 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.
The volunteer company shall consist of such volunteer fire organizations
as may now or hereafter exist in the Borough of Spring Lake.
There shall be three officers of the Fire Department of the Borough of Spring Lake, one of whom shall be the Chief of the Department which includes both fire companies as set forth in § 43-1. The other two officers shall be the Deputy Chiefs, one from each company, Spring Lake Fire Company No. 1 and Goodwill Fire Company No. 2. One of the two Deputy Chiefs is deemed Senior Deputy Chief. The Senior Deputy Chief shall be the Deputy Chief from the company that the Chief is not elected from.
A.
The
Chief of the Fire Department shall be elected annually by the members
of the volunteer fire companies on the third Tuesday in November.
Not more than 35 Borough Council appointed members of each fire company
may vote in the election for Chief. Each fire company annually shall
provide a listing of the 35 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
each fire company at their regular meeting in November 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 of each company.
The Borough Clerk shall notify both companies of the names of the
nominees, in writing, not later than the second Tuesday in November.
C.
The
candidate for Chief who receives the highest number of votes shall
be deemed elected to the office.
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 the polls.
E.
The
Borough Clerk shall serve as judge and the tellers shall be the President
and Vice President of each fire company. A fire company 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 at the Monmouth County
Fire Academy or equivalent certificate holder.
(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.
(2)
Qualifications for Deputy Fire Chief:
(a)
Completed training in Basic Fire Fighter One at the Monmouth County
Fire Academy or equivalent certificate holder.
(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 of each company shall be elected by each company 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 Senior Deputy
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 fire company at the next regular meeting after the vacancy
occurring.
The fire fighters of the Borough companies shall be assigned
from time to time by the Chief of the Department to duty or service
on the fire engine, tender, hook-and-ladder truck, chemical engine
or other apparatus of the Borough.
A.
The
number of active members of each company of the Fire Department shall
be limited to 35, and so proportioned that the number of members in
the Department not holding certificates as exempt fire fighters shall
not exceed 45. All active members of the Fire Department shall be
appointed to the Department by the Borough Council, such appointment
to be made only after the candidate is duly elected by the company
to which he is to be appointed and he has been recommended to the
Council by the officers of such company 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 Borough companies 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. There shall be established the position of budget representative
in each of the two volunteer companies, Spring Lake Fire Company No.
1 and Goodwill Fire Company No. 2.
B.
Purpose. The purpose of this position shall be to provide continuity
in the budget process and to establish a joint comprehensive fire
budget for the two volunteer companies which would be presented to
the Borough Finance Committee.
C.
Term. The budget representative shall be the Fire Chief and Senior
Deputy Chief. Said appointment shall be for a term of one year and
shall commence as of January 1.
D.
Duties.
(1)
The budget representative duties shall include:
(a)
Ascertain the needs of the respective company.
(b)
Coordinate with the budget representative from the other company
and develop a joint 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 respective
fire companies must be signed by both budget representatives on behalf
of the fire companies.
(3)
The budget representatives shall submit a joint 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 engine
house, fire engine, chemical engine, hose and other fire apparatus
and the public hydrants and water supply and shall keep in his office
a record of the date of such examinations and of the condition in
which the engine house, fire engine, chemical engine, hose and other
apparatus were found by him. He shall, under the direction of the
Fire Committee, superintend in person and direct all ordinary and
necessary repairs to the engine 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 Senior Deputy Chief shall assume
command.
The Deputy Chiefs 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 Chiefs 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 of both the Borough and volunteer companies 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 Chief or the Deputy Chief
or of the Mayor or the Marshal or any member of the Fire Department
acting under their direction, 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, hose cart, hook-and-ladder truck and other machines
and 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 turn
out for the engine, hose cart, truck and other machines or apparatus.
The Fire Committee of the Council shall at all times 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 be operated under the
supervision of the Chairman of the Fire Committee of the Borough Council.
(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, foreman and chief engineers of each Borough
fire company shall be the Instructors of the Bureau of Instruction. [1]
(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, in writing, the
proper officer of each company of the Fire Department, at least five
days in advance, of the time and place of each drill. The officer
receiving such notice shall transmit such notice to all members of
his company allowing ample time for each member to arrange to be present
at the drill. All such notices may be made by mail.
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,
to the proper officer of their respective company, 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,
the use of and proper handling of Siamese connections, and the handling
and use of ladders.
(1)
Instruction shall include the changing of hose 2 1/2 inches
on the trucks once in each month and the running of water through
all hose at least once in every two months.
(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
Spring Lake Fire Company No. 1, 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."
[Amended 7-13-2004 by Ord. No. 24-2004[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
B.
Authorization to establish. Authorization is hereby given to Spring
Lake Fire Co. No. 1, Fifth Avenue, Spring Lake, New Jersey 07762 to
establish a Junior Fire Fighters' Auxiliary 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' Auxiliary to Goodwill Fire Co. No. 2 and in
the Junior Fire Fighters' Auxiliary to the Spring Lake Fire Company.
No. 1.
[Amended 7-13-2004 by Ord. No. 24-2004]
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.
[Amended 8-11-2009 by Ord. No. 2009-014]
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 Spring Lake Fire Company No. 1
and Goodwill Fire Company No. 2 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 Spring Lake Fire Company
No. 1 or Goodwill Fire Company No. 2 or the Spring Lake First Aid
Squad shall complete in duplicate, filing the same with Spring Lake
Fire Company No. 1 or Goodwill Fire Company No. 2, or the Spring Lake
First Aid Squad an application the form of which may be prescribed
by Spring Lake Fire Company No. 1 or Goodwill Fire Company No. 2,
or the Spring Lake First Aid Squad, but which shall contain the following
information about the applicant:
(1)
Name.
(2)
Home address.
(3)
Birth date.
(5)
Driver's license number.
(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 Company No. 1 or the
Goodwill Fire Company No. 2 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 Company No. 1, the Goodwill Fire Company No.
2 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:17-1a,
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 Company No. 1 and/or the
Goodwill Fire Company No. 2 and/or the Spring Lake First Aid Squad
E.
Fingerprinting. In connection with said investigation, the applicant
shall submit to fingerprinting, and the Chief of Police is authorized
to submit applicant's fingerprint 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 Company No. 1 and Goodwill Fire Company No.
2 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.
