[Amended by Ord. No. 5-82; Ord. No. 12-84; Ord. No. 15-93; 5-22-2000 by Ord. No. 9-2000; 6-26-2006 by Ord. No. 02-06]
A. 
The Mountain Lakes Volunteer Fire Department (hereinafter called the "Fire Department") shall consist of a Chief, a Deputy Chief, an Assistant Chief, four Captains, Lieutenants as needed at the discretion of the Chief, an Administrative Officer and the fire fighters who at the present time constitute the Mountain Lakes Volunteer Fire Department, and such other members as may hereafter be appointed by the Borough Council, provided that they meet the eligibility requirements to perform the duties of a fire fighter.
B. 
The Chief, Deputy Chief, Assistant Chief and the Administrative Officer shall be appointed by the Borough Council for a term of one year. Vacancies shall be filled by the Council for the unexpired term only. Captains and Lieutenants shall be appointed by the Chief for a term of one year. All appointments, except to fill vacancies, shall be made to take effect on January 1. The Chief, Deputy Chief, Assistant Chief, Administrative Officer, Captains and Lieutenants shall constitute and be called the "Board of Officers" of the Fire Department. They shall make rules and regulations for the Department, not inconsistent with the laws of this state or the ordinances of the Borough, as they may deem advisable.
The Fire Department shall consist of not more than 50 members, unless the Council shall by resolution provide otherwise. The members of the Fire Department, whenever any vacancy or vacancies shall exist in its ranks, shall nominate for the consideration of the Board of Officers such qualified persons as apply for membership in the Fire Department, based on the date of application, and the Board of Officers shall examine the qualifications of the person so nominated. If it approves the nomination, the Board shall recommend such nominee to the Borough Council for appointment. The nominee shall also have completed an application for membership and passed a physical examination by a qualified physician meeting the requirements of OSHA 1910:136 Respiratory Medical Exam. No appointed member shall be less than 18 years of age. The nominee, if between the ages of 18 and 45 years, shall be offered an application to the New Jersey State Firemen's Association.
Each member of the Fire Department shall receive a certificate of membership duly executed and signed by the Chief based on the date of appointment by the Council. He shall also receive a badge, which shall be and remain the property of the Borough. The term of service of each member shall begin as of the date upon which the membership certificate is issued.
A. 
Each new member shall serve a minimum one-year probationary period during which he shall be required to attend a minimum of 50% of fires and call-outs, drills and the Morris County Fire Fighters and Police Training Academy or its equal which is deemed acceptable by the Board of Officers and those supplementary drills scheduled for new members. Failure to do such without excuse by the Chief shall be a cause for removal from the Fire Department.
B. 
The percentage of required attendance described above may be applied to and enforced on all members regardless of length of service.
C. 
Each person who shall become a member of the Fire Department shall promise to perform the duties as are now or hereafter prescribed by ordinance or otherwise.
D. 
Each member shall observe faithfully and enforce strictly all the provisions of this article and report to the Chief all violations which may come to his knowledge.
A. 
No member shall be removed except upon charges. Charges of misconduct or of any violation of any of the provisions of this article or of the regulations of the Fire Department or of neglect or refusal to perform his duty, or any other charges, may be made by the Chief, any member of the Borough Council, or by any citizen.
B. 
Any such charges shall be in writing and shall be presented to the Borough Council at its next regular meeting. The Borough Council shall, upon receiving such charges, refer the matter to the Board of Officers, which shall forthwith cause a written notice to be served upon the person complained of, stating the charges in full and specifying the time and place at which he may be heard in his defense.
C. 
The Borough Council may suspend any member against whom charges are filed, pending a final decision thereupon.
The Fire Department shall hold its annual meeting on the second Tuesday of December of each year and shall, at such meeting, elect a President, Vice President, Secretary and Treasurer to serve for the ensuing year. The Fire Department shall also nominate, for presentation to the Council, a Chief, Deputy Chief, Assistant Chief and an Administrative Officer.
A. 
The President of the Fire Department shall preside at all meetings of the members of the Fire Department and shall perform such other duties which may be prescribed by the bylaws of the Department. The Vice President shall act for the President in the event that the President is absent.
B. 
The Secretary of the Fire Department shall:
(1) 
Keep a record of the meetings of the members of the Department for the transaction of business.
(2) 
Keep a record of all appointments, transfers, resignations or removal of members and of the rules and regulations of the Department.
(3) 
From time to time, and at least once each month, make and deliver to the Chief such reports of the activities in Subsection B(1) and (2) as may be required.
(4) 
Keep the roll of the Department in a legible and proper manner in a roll book to be provided for that purpose by the Borough Council.
C. 
The Treasurer of the Fire Department shall have custody of all funds of the Department and shall perform such other duties as may be prescribed by the bylaws of the Department.
D. 
The members of the Fire Department may adopt such bylaws and regulations for their government, subordinate to the ordinances of the Borough and not inconsistent with the rules and regulations of the Board of Officers, as they may deem useful and proper in the discharge of their duties.
A. 
Fire command; duties of the Chief. The Chief, acting as Incident Commander, 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 fire alarm, have sole and absolute control and command over all fire engines and other fire apparatus and all members of the Fire Department and all persons aiding or assisting the Fire Department in cases of actual fire.
(1) 
In the absence of the Chief at any fire, the incident command shall devolve upon the Deputy Chief or Assistant Chief in the order of their rank; in the absence of the Deputy Chief or Assistant Chief, the incident command shall devolve upon the first Captain arriving upon the scene; in the absence of a Captain, the incident command shall devolve upon the first Lieutenant arriving upon the scene; and in the absence of any such member of the Board of Officers, the incident command shall devolve upon the first and most experienced senior member arriving on scene.
(2) 
The Incident Commander, when a fire occurs and when it may be necessary for the preservation of order and the protection of property, shall form lines a safe distance from the fire, on any or all sides thereof. No person shall be permitted to remain within the lines, or to pass the lines from without, except under the direction of the Incident Commander.
B. 
Duties and compensation of the Administrative Officer. The Administrative Officer shall receive an annual stipend of an amount published and adopted in the annual salary ordinance. The Administrative Officer will, as directed by the Chief, be responsible for:
(1) 
Procuring equipment, communication devices, supplies and items necessary for the Department, including but not limited to preparing and completing requisitions in accordance with Borough procedures; receipt and forwarding of the purchase order for the Borough to the vendor; receipt, inspection and acceptance of purchased item(s); matching vendor invoices with purchase orders; resolving discrepancies and filing; and approving invoices for payment;
(2) 
Acting as the vendor and Borough contact for required uniform, air bottle, equipment and communication device repair, maintenance and procurement;
(3) 
Maintaining records, including but not limited to training, attendance, call-outs, parade, mutual aid, LOSAP, all operational records, and those items specified in Subsection B(1) and (2) above;
(4) 
Assuring compliance with all regulations affecting the Department from any and all agencies and authorities, including but not limited to keeping current, receiving, reviewing, and monthly reporting (including presenting a copy of such materials and documents) to the Board of Officers at its monthly meeting on all new such regulatory compliance;
(5) 
Assisting the Chief in updating and maintaining Department plans;
(6) 
Receiving and distributing all mail; and
(7) 
Reporting and presenting Subsection B(1) through (6) above to the Board of Officers at the monthly meeting. The Administrative Officer shall also report to the Borough Manager regarding any of the above duties and other necessary administrative activities affecting the Fire Department.
C. 
Fire Department members. Members of the Fire Department shall:
(1) 
In case of fire alarm, report immediately to the engine house, or report in accordance with the regulations of the Board of Officers or as may be directed by a member of the Board of Officers. At the scene of a fire they shall, in conformity with the directions given by the member in charge, work and manage the fire engines and other fire apparatus with all their skill and power. When the fire has been extinguished they shall not leave the scene except by direction of the Incident Commander.
(2) 
In going to or from any fire or alarm of fire, or removing fire apparatus from its place of deposit or returning it thereto, obey any and all orders of a member of the Board of Officers.
(3) 
When on duty, wear the badge of the Fire Department or such other distinguishing equipment or apparel as the Board of Officers may by regulation specify.
D. 
Nonmembers. Any person not a member and present at a fire acting under the direction of the Fire or Police Department shall be subject to the orders of the Incident Commander.
A. 
The Chief, or the Chief's designated representative, shall examine or cause to be examined at least once in each month, and more often if necessary, the engine house or houses, fire engines, hose and other fire apparatus and shall keep a record of the date of such examinations and in what condition the fire engines, hose and other fire apparatus were respectively found to be.
B. 
He shall superintend and direct all ordinary and necessary repairs to any engine house, fire engine or other fire apparatus, and the construction, erection or purchase of new engine houses, fire engines or other fire apparatus which may be ordered to be built, constructed or purchased, and shall examine and certify all accounts therefor.
C. 
All apparatus, accessories, vehicles, equipment and supplies necessary for the maintenance and operation of the Fire Department shall be the property of the Borough.
D. 
He shall keep or cause to be kept a record of all alarms of fire, and of all fires which may happen within the Borough, and the cause thereof, whenever such cause can be ascertained, and a description of the building and/or property injured or destroyed, the name or names of the owners or occupants, and a description of loss in each case, as nearly as can be ascertained, on careful and diligent inquiry. Each property owner shall furnish any and all such information to the Chief upon request. The Chief shall also keep or cause to be kept a record of all violations of the Borough ordinances relating to the Fire Department and the prevention and extinguishment of fires which may come to his knowledge and shall, without delay, report such violations to the Borough Attorney for prosecution. All such records shall be made in suitable books to be provided for that purpose.
E. 
At the end of each month, the Chief shall make out and present to the Borough Council at its first regular meeting thereafter a report showing the number of alarms of fires and the number of fires which have occurred during the month and a description of loss by fire, as nearly as can be ascertained, and also the condition of the engine houses, fire engines and other fire apparatus, with such particulars and recommendations in relation thereto as the Borough Council may deem necessary and proper.
A Junior Fire Department may be established in conjunction with the Fire Department. This Junior Fire Department shall be established as a distinct entity from the Fire Department. It shall be controlled by the Fire Department and shall consist of Borough residents or Boonton Township residents attending Mountain Lakes High School at least 16 years of age. Applicants for the Junior Fire Department shall be screened by the Fire Department Board of Officers.
A. 
Code adopted by reference. There is hereby adopted for the purpose of providing standards for safeguarding life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises, the BOCA Basic Fire Prevention Code, 1984, published by Building Officials Conference of America, Inc. Each and all of the regulations, provisions, conditions and terms of the BOCA Basic Fire Prevention Code, 1984, are hereby referred to, adopted and made a part of this article as if fully set out herein, together with the additions set forth hereinafter.
B. 
Public record. Three copies of the printed code have been placed on file in the office of the Borough Clerk and shall remain on file for the examination of the public so long as this article shall remain in effect.
C. 
Permit fees. Permits are required for the various uses and activities as provided in the Fire Prevention Code. A fee as set by § 111-3 for each permit will be charged, with payment to be made to the Borough Clerk and levied on the applicant at the time of the issuance of the permit.
A. 
No person, except members of the Fire Department, shall at any time enter any engine house and handle or remove therefrom any fire engine or other fire apparatus, unless by permission or instruction of any officer. Any person who shall handle or remove any fire engine or equipment in violation of the provisions of this section, or who shall injure or mutilate at any time or place any fire engine or other fire apparatus or any hydrant or fireplug, or who shall draw water therefrom for any purpose except when properly and lawfully engaged in examining its condition or in using it for fire engines, shall for each and every offense be subject to fine of not more than $7,500 or imprisonment for not more than 18 months, or both, and shall be liable for all damage or injury done.
B. 
Any person who shall willfully hinder or molest or attempt to do any violence to any member of the Fire Department or to any other Borough officer while in the performance of his duty at a fire, in going to or returning from a fire or any alarm of fire, or of any other official duty shall be subject to a fine of not more than $7,500 or imprisonment for not more than 18 months, or both.
C. 
Any person who shall raise, create, or continue a false alarm shall, for each offense, be subject to a fine of not more than $7,500 or imprisonment for not more than 18 months, or both.
D. 
Any person who shall falsely claim or represent membership in the Fire Department or who shall maliciously, or with intent to deceive, use or imitate any of the signals or devices adopted and used by the Fire Department, or who shall wear in public the badges or insignia prescribed to be worn by members of the Fire Department, shall be subject to a fine of $50.