Borough of Caldwell, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Caldwell 2-28-1978 by Ord. No. 621-78. Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 51.
Fire prevention — See Ch. 109.
Opening and use of fire hydrants — See Ch. 242, Art. I.
The Caldwell Volunteer Fire Department is hereby designated as the authorized fire protection and fire prevention agency in the Borough of Caldwell as recognized by N.J.S.A. 40A:14-7 et seq. and as otherwise required by law subject to direction and supervision by the Mayor and Borough Council.
The Caldwell Volunteer Fire Department shall consist of two companies known respectively as the Caldwell Volunteer Fire Company and the Caldwell Auxiliary Fire Company.
The Caldwell Volunteer Fire Company shall be the principal fire-fighting and fire protection and prevention unit of the Caldwell Volunteer Fire Department.
The Caldwell Auxiliary Fire Company shall be a reserve fire company to supplement and assist the Caldwell Volunteer Fire Company in the performance of its duties and to train prospective members of the Caldwell Volunteer Fire Company. The activities of the Caldwell Auxiliary Fire Company shall be supervised and directed by the Chief of the Caldwell Volunteer Fire Department.
The Chief, First Assistant Chief and Second Assistant Chief of the Caldwell Volunteer Fire Department shall be appointed on the first day of January of each year by the Mayor, with the advice and consent of the Borough Council, for a term of one year, and until their successors shall be appointed and qualified, and shall be members of the Caldwell Volunteer Fire Company. In appointing the aforesaid officers, the Mayor and Borough Council shall give due consideration to any recommendations for such appointments in the form of elections of said officers by the Caldwell Volunteer Fire Company, but such recommendations shall not be binding upon the Mayor and Borough Council.
A. 
The Chief, First Assistant Chief and Second Assistant Chief appointed by the Mayor and the line officers elected by the Caldwell Volunteer Fire Company shall be recognized by the Mayor and Council as the officers of the Caldwell Fire Department who are responsible for implementing and carrying out the fire protection and fire prevention services within the borough as required by law.
B. 
The Chief, First Assistant Chief and Second Assistant Chief appointed by the Mayor and the line officers elected by the Caldwell Volunteer Fire Company of the Caldwell Volunteer Fire Department shall be responsible to the Mayor and Council for implementing and carrying out the fire protection and fire prevention services within the borough as required by law.
Subject to due process, members or prospective members of the Caldwell Volunteer Fire Company and the Caldwell Auxiliary Fire Company may be admitted to membership or dismissed from membership in accordance with the provisions of their respective constitutions and bylaws as made and provided. However, any member or prospective member of either company may appeal his denial of membership or dismissal by notifying the Chief of the Caldwell Volunteer Fire Department and the Chairman of the Public Safety Committee of the Borough Council, in writing, within 10 days of receipt of notification by him of final action taken against him by his Company. An Appeal Board consisting of the Public Safety Committee, the Chief of the Caldwell Volunteer Fire Department and two members of the individual fire company from whose final action the appellant appeals shall hold a hearing on the appeal consistent with due process and render its decision within 30 days after the appeal was filed.
The Chief, First Assistant Chief, Second Assistant Chief and all other line officers of the Caldwell Volunteer Fire Department shall be subject to removal from office by the Mayor and Borough Council for just cause upon charges brought by the Mayor, any Councilman or the Chief or other line officer of the Caldwell Volunteer Fire Department with a hearing held thereon by the Mayor and Borough Council, which proceedings shall all be consistent with due process.
The Mayor and Council shall issue to each member of the Caldwell Volunteer Fire Company and the Caldwell Auxiliary Fire Company a certificate signed by the Mayor and attested by the Clerk that he is a duly qualified fireman of his company. The Borough Council shall keep a book to be called "Register of the Fire Departments," which shall contain the names of each member, the date of his admission and his address. It shall be the responsibility of the Chief of the Caldwell Volunteer Fire Department to submit to the Mayor and Council all names of qualified members of their respective companies for issuance of the aforesaid certificates and recording in the Register.