[HISTORY: Adopted by the Borough Council of the Borough of
Florham Park 12-16-1969 as Ch. 6, Art. III, of the 1969 Code; amended in its entirety 3-28-2013 by Ord. No.
13-3. Subsequent amendments noted where applicable.]
A.
The Fire Department shall consist of a Board of Engineers, a minimum
of one Captain and Lieutenant per company (line officers), a Rescue
Captain and firefighters. There are two fire companies now existing
in the Borough, and there shall be such additional companies as may
be hereafter authorized by the Borough Council.
B.
The Fire Department shall be under the supervision and control of
the municipality, subject to existing state laws and subject to such
rules and regulations as may be adopted, in writing, by the Board
of Fire Engineers, which shall not be inconsistent with this chapter.
The annual election of the Board of Engineers, Rescue Captain and
line officers shall remain the prerogative of the membership of the
fire companies. However, once elected, the Board of Engineers will
be sworn in by the Mayor and Borough Council.
The Board of Engineers shall consist of a Fire Chief, a Deputy
Chief and two Assistant Chiefs. Members of the Board of Engineers
may serve not more than five continuous years in the same office unless
there are no qualified persons to assume that position. At no time
may a firefighter run for or hold a position on the Board of Engineers
or serve as Rescue Captain and/or a line officer in the same year.
The membership of the Fire Department shall be divided into
six classes: probationary firefighters, active firefighters, inactive
firefighters, life members, Junior Auxiliary and on-call firefighters.
A.
Probationary firefighters. Probationary firefighters shall be those individuals newly appointed to the Fire Department who have not yet completed one year of service, completed Firefighter I training or obtained a Level 1 Incident Command certification. This probationary period shall be for a minimum of one year and may be extended if the probationary firefighter has not completed Firefighter I training. Probationary firefighters shall also be any firefighters who have not completed all mandatory testing and training within the first quarter of each calendar year, as prescribed by the Board of Engineers, and/or who are not in compliance with § 25-10A of this chapter. Probationary firefighters shall not have the right to vote or hold any office during their probationary period. Probationary firefighters shall not be permitted to respond to any fire calls until they have completed the requirements of all mandatory testing and training, as prescribed by the Board of Engineers.
B.
Active firefighters. Active firefighters shall be those individuals of the Fire Department who are no longer on probation and who are in compliance with § 25-10A of this chapter. All active firefighters shall have all privileges as to voting and serving as a Rescue Captain, a company line officer or on the Board of Engineers and shall be subject to the rules and regulations governing the fire companies and the Fire Department. Any active firefighter who fails to comply with § 25-10A of this chapter shall be placed on probationary status. Any firefighter who fails to meet the annual minimum requirements of all mandatory testing and training, as prescribed by the Board of Engineers, within the first quarter of the calendar year, shall have his/her firefighting gear removed, and said firefighter shall be placed on probationary status.
C.
Life members.
(2)
A firefighter who is unable to attain 25 years of service due to
a medical condition may make application to the Board of Engineers,
which, after considering the facts presented, may vote to exempt the
firefighter from the twenty-five-year requirement. If the application
is approved by a majority vote, it shall be presented to the Mayor
and Council for approval.
(3)
Life members shall not be required to respond to fires or attend
drills but shall be designated as inactive.
(4)
A life member shall be considered active if he/she is in compliance with §§ 25-9 and 25-10A of this chapter. A life member may not serve as Chief, Rescue Captain or a line officer unless that life member is in compliance with §§ 25-3B, 25-5, 25-9 and 25-10A of this chapter. However, at no time will said life member be authorized to respond to any fire call until he/she has completed the requirements of all mandatory testing and training, as prescribed by the Board of Engineers. Any life member who is not in compliance with §§ 25-9 and 25-10, shall be placed on inactive status but is not subject to removal under § 25-20A, B, C, and D.
D.
Junior Auxiliary. Junior Auxiliary members shall be at least 16 years
old and no more than 18 years old when appointed by the Borough Council
and meet the membership requirements established in the bylaws of
the Florham Park Volunteer Fire Department and follow all rules and
regulations established for all Junior Auxiliary members. No Junior
Auxiliary member shall have the right to vote or hold office in the
Florham Park Volunteer Fire Department. All Junior Auxiliary members
shall complete a probationary period of at least one year. This period
may be extended if the member fails to meet the standards set forth
in the rules and regulations of the Junior Auxiliary.
E.
On-call firefighters. Any full-time nonprobationary employee of the
Borough of Florham Park who has completed Firefighter I training and
has a Department of Community Affairs certification for the same and
has obtained a Level 1 Incident Command certification from the Department
of Community Affairs and is an active member in good standing of a
fire company outside of the Borough, may be an on-call firefighter.
Each on-call firefighter shall be appointed by the Borough Council
in the same manner as an active firefighter. No on-call firefighter
shall have the right to vote or hold office in the Florham Park Volunteer
Fire Department.
No person shall become a firefighter of the Fire Department
or any company thereof unless he/she is able to read and write the
English language, is a citizen of the United States or a resident
alien, is above the age of 18, is of good moral character, and is
a resident of the Borough of Florham Park, owns a business in the
Borough of Florham Park or is employed full-time by a business located
in the Borough of Florham Park. No person shall become a firefighter
of the Fire Department unless he/she successfully passes a physical
administered by a physician licensed by the State of New Jersey. The
Borough Police Department shall also complete a criminal background
investigation of each applicant, which shall include the taking of
fingerprints. No person shall be so appointed who has been convicted
of any crime involving moral turpitude.
[Amended 12-12-2019 by Ord. No. 19-16]
No person shall become a Chief, Rescue Captain or line officer
in the Volunteer Fire Department or any company thereof until he/she
has met and complied with the following categorized qualifications.
All courses shall be taken at a certified training facility or given
by certified instructors at any other facility.
A.
Lieutenant:
(1)
Possess three years in the fire service: one year as an active firefighter
in the Florham Park Volunteer Fire Department. (The probationary period
shall not be included.)
(2)
Complete the requirements for the Firefighter I and Firefighter II
certifications.
(3)
Qualify on all apparatus of the firefighter's assigned company.
(4)
Obtain, by application, an Incident Management System Level 1 certificate
issued by the State of New Jersey. (Note: In order to obtain IML 1,
a firefighter must obtain I-100, I-200, NIMS 700 and any other command-level
certificate as may be mandated by the State of New Jersey.)
(5)
Be interior qualified by the Florham Park Fire Department.
(6)
Maintain a minimum attendance of 12 drills in the preceding 12 months
and a minimum fire-call percentage of 25% in this same period.
B.
Captain:
(1)
Complete five years in the fire service: one year as an active firefighter
in the Florham Park Volunteer Fire Department. (The probationary period
shall not be included.)
(2)
Serve as a Lieutenant or higher rank in any fire department for a
minimum of two years.
(3)
Qualify for Lieutenant in the Florham Park Fire Department.
(4)
Be interior qualified by the Florham Park Fire Department.
(5)
Complete a fire officer course.
(6)
Maintain a minimum attendance of 12 drills in the preceding 12 months
and a minimum fire-call percentage of 25% in this same period.
C.
Rescue Captain:
(1)
Complete five years in the fire service: one year as an active firefighter
in the Florham Park Volunteer Fire Department. (The probationary period
shall not be included.)
(2)
Serve as a Lieutenant or higher rank in any fire department for a
minimum of two years.
(3)
Qualify for Lieutenant in the Florham Park Fire Department.
(4)
Be interior qualified by the Florham Park Fire Department.
(5)
Complete a vehicle rescue course.
(6)
Complete a fire officer course.
(7)
Maintain a minimum attendance of 12 drills in the preceding 12 months
and a minimum fire-call percentage of 25% in this same period.
D.
Assistant Chief:
(1)
Complete seven years in the fire service: two years as an active
firefighter in the Florham Park Volunteer Fire Department. (The probationary
period shall not be included.)
(2)
Qualify for Captain in the Florham Park Volunteer Fire Department.
(3)
Qualify on all Florham Park Volunteer Fire Department apparatus.
(4)
Possess a certificate for Incident Management System Level 2, I-300
and IS-800.
(5)
Be interior qualified by the Florham Park Fire Department.
(6)
Maintain a minimum attendance of 12 drills in the preceding 12 months
and a minimum fire-call percentage of 25% in this same period.
(7)
Complete an operational-level certified class in any special discipline
provided by the Florham Park Volunteer Fire Department, inclusive
of ice rescue, vehicle extrication and confined space, unless said
discipline is discontinued by the Florham Park Volunteer Fire Department.
E.
Deputy Chief:
(1)
Complete seven years as an active firefighter in the Florham Park
Volunteer Fire Department. (The probationary period shall not be included.)
(2)
Serve as Assistant Chief in the Florham Park Volunteer Fire Department
for two years.
(3)
Complete all qualifications for Assistant Chief, Captain and Lieutenant.
(4)
Complete a building construction course approved by the Board of
Engineers.
(5)
Possess a certificate for Incident Management Level 3 I-400.
(6)
Qualify on all Florham Park Volunteer Fire Department apparatus.
(7)
Be interior qualified by the Florham Park Fire Department.
(8)
Maintain a minimum attendance of 12 drills in the preceding 12 months
and a minimum fire-call percentage of 25% in this same period.
(9)
Complete an operational-level certified class in any special discipline
provided by the Florham Park Volunteer Fire Department, inclusive
of ice rescue, vehicle extrication and confined space, unless said
discipline is discontinued by the Florham Park Volunteer Fire Department.
F.
Chief:
(1)
Complete seven years as an active firefighter in the Florham Park
Volunteer Fire Department. (The probationary period shall not be included.)
(2)
Serve as Assistant Chief in the Florham Park Volunteer Fire Department
for two years and Deputy Chief for two years.
(3)
Complete all qualifications for Assistant Chief, Captain and Lieutenant.
(4)
Complete IS-701.
(5)
Maintain residency in Florham Park.
(6)
Qualify on all Florham Park Volunteer Fire Department apparatus.
(7)
Be interior qualified by the Florham Park Volunteer Fire Department.
(8)
Maintain a minimum attendance of 12 drills in the preceding 12 months
and a minimum fire-call percentage of 25% in this same period.
(9)
Complete an operational-level certified class in any special discipline
provided by the Florham Park Volunteer Fire Department, inclusive
of ice rescue, vehicle extrication and confined space, unless said
discipline is discontinued by the Fire Department.
G.
If any one person is appointed to the position out of necessity under
this section without first completing the required time-in-service
qualifications, that person shall not be prohibited from advancing
in rank in the future and shall not be required to meet the time requirements
of the lesser ranks. The member seeking to advance in rank, however,
shall be required to meet all the other requirements of the lesser
rank before advancing.
A.
Any person seeking to join the Fire Department shall make application to the Board of Engineers. The Board of Engineers, after examining the qualifications of the applicant and verifying that he/she is in compliance with § 25-4 of this chapter, shall recommend the applicant to the Mayor and Borough Council for appointment. Should the Board of Engineers decline or fail to recommend the appointment of an applicant, the applicant shall have the right to appeal to the Mayor and Borough Council upon five days' written notice to the Board of Engineers.
B.
Upon
the confirmation by the Mayor and Borough Council and the administration
of the oath, a letter signed by the Mayor and Borough Clerk shall
be issued memorializing such applicant's status as a probationary
firefighter in the Borough of Florham Park Volunteer Fire Department,
and his/her name shall be entered on the register of firefighters
to be maintained by the Borough Clerk. The Mayor and Borough Council
shall issue a badge to each firefighter. His/her badge shall be worn
at all times when in dress uniform. The badge will be surrendered
to the Chief of the Department at any time upon just cause or under
charges involving moral turpitude, neglect of duty or if for any cause
he/she shall cease to be a firefighter. Failure to complete the probationary
period within a reasonable time will result in dismissal from the
Fire Department.
C.
Upon
confirmation and appointment of such applicant, the Board of Engineers
shall assign the newly appointed firefighter to a company for duty.
The term of service of each firefighter shall begin at the date
of the confirmation of his/her appointment by the Mayor and Borough
Council and cease on the date of the approval of his/her resignation,
dismissal and/or expulsion.
A.
Any firefighter that has achieved the status of active firefighter and who no longer resides, owns a business or is employed full-time within the Borough of Florham Park, pursuant to § 25-4 of this chapter, may remain on the Fire Department, provided that he/she does not join another fire department and that he/she lives in a contiguous municipality.
B.
Upon written notice to the Board of Engineers, the requirements of § 25-9A shall be temporarily suspended for any firefighter who meets the following criteria:
(1)
He/she is enrolled as a student at a university, college or any educational institution which requires him/her to temporarily reside outside the Borough of Florham Park, provided that the firefighter maintains a residence in the Borough of Florham Park, or a contiguous town, during said absence and complies with § 25-10A while on break or recess. This exemption shall terminate upon successful completion, graduation and/or termination from said educational institution. However, at no time will any firefighter under this section be authorized to respond to any fire call until he/she has completed the requirements of all mandatory testing and training as prescribed by the Board of Engineers.
(2)
He/she is a full-time employee of a company which obligates said firefighter to move outside the State of New Jersey for an indeterminate period of time, so long as that firefighter maintains a residence in the Borough of Florham Park, or a contiguous town, during said absence and complies with § 25-10A while physically in New Jersey. This exemption shall expire upon the firefighter's termination or cessation of employment. However, at no time will said firefighter be authorized to respond to any fire call until he/she has completed the requirements of all mandatory testing and training as prescribed by the Board of Engineers.
C.
Any firefighter who has attained the status of active firefighter and who no longer resides, owns a business or is employed full-time in the Borough of Florham Park shall, after a hearing as prescribed by § 25-20, be removed from the roster and dismissed from the Florham Park Fire Department. Removal from the Fire Department is not intended or implied to mean removal from any membership organization established as part of the Florham Park Fire Department Association, Inc.
A.
Every active firefighter, except on-call firefighters, shall attend
an average of one drill per month and maintain a minimum quarterly
fire-call percentage of 30%. Every active firefighter shall also complete
all mandatory training and testing, at the beginning of every year,
as prescribed by the Board of Engineers, within the first quarter
of each year. A record shall be kept of such attendance, and it is
the duty of the Chief of the Fire Department to report it to the Borough
Council annually.
B.
Upon written notice to the Board of Engineers, the requirements of § 25-10A shall be temporarily suspended for any firefighter who:
(1)
Is enrolled as a student in a university, college or any educational
institution which requires the firefighter to temporarily reside outside
the Borough of Florham Park, provided that the firefighter maintains
a residence in the Borough of Florham Park, or a contiguous town,
during said absence. This exemption does not apply during school breaks
or recesses. This exemption shall terminate upon successful completion,
graduation and/or termination from said educational institution. However,
at no time will any firefighter under this section be authorized to
respond to any fire call until he/she has completed the requirements
of all mandatory testing and training as prescribed by the Board of
Engineers.
(2)
Is employed full-time by a company or business which obligates the
firefighter to reside outside the State of New Jersey for an indeterminate
period of time, provided that the firefighter maintains a residence
in the Borough of Florham Park, or a contiguous town, during said
absence. This exemption shall expire upon the firefighter's cessation
of employment. However, at no time will said firefighter be authorized
to respond to any fire call until he/she has completed the requirements
of all mandatory testing and training as prescribed by the Board of
Engineers.
(3)
Has presented a report and/or medical note from a physician, licensed
in the State of New Jersey, stating that the firefighter is temporarily
unable to perform the duties of a firefighter. This temporary waiver
shall not exceed 90 days without another report and/or medical note
being presented. In the case of a firefighter who is absent for six
months or more and who remains unable to perform the essential functions
of his/her position with reasonable accommodation, such firefighter
shall be placed on inactive status. At no time will said firefighter
be allowed to respond to any fire call until he/she has completed
the requirements of all mandatory testing and training as prescribed
by the Board of Engineers.
C.
Every on-call firefighter shall, in each and every year, attend a
minimum of four drills and respond to all general alarms during the
hours which he/she is working in the Borough. ("General alarms" are
defined as calls for working fires, presence of smoke or other hazardous
materials, confined space incidents, or entrapment of persons due
to accident or collapse.) A record of these drills and calls shall
be maintained and forwarded to the Borough Administrator, the Director
of Community Services or the Director of Public Works annually by
the Fire Chief. All on-call firefighters shall also meet the minimum
requirements of all mandatory testing and training.
D.
Responses to general alarms by on-call firefighters shall be as directed
by the Fire Chief, and use of Borough vehicles in responding to calls
shall be in accordance with the Department of Community Services or
other Borough policies and procedures. A record of responses shall
be submitted for each calendar quarter to the Borough Administrator,
the Director of Community Services or the Director of Public Works
annually by the Fire Chief.
Exemption certificates shall be issued in accordance with N.J.S.A.
40A:14-55 et seq. This section shall not be construed to afford the
holder of an exemption certificate any rights, privileges or immunities
not otherwise expressly provided for under the laws of the State of
New Jersey, the Borough of Florham Park Municipal Code or the rules
and regulations prescribed by the Board of Engineers.
The Board of Engineers may adopt, in writing, such rules and
regulations, not inconsistent with this chapter, as it may see fit
for the management and control of the Florham Park Volunteer Fire
Department.
The names of all firefighters, together with the dates of their
admission or resignation, suspension, discharge, expulsion, removal
from the Borough or death, shall be entered by the Borough Clerk in
a book to be called the "Register of the Fire Department of the Borough
of Florham Park." In case any person ceases to be a firefighter, such
fact, with the cause thereof, shall be reported, through the Board
of Engineers, to the Borough Council, to the end that such fact may
be entered upon such register.
The Fire Chief shall have the exclusive responsibility for the
direction, management and control of the Florham Park Volunteer Fire
Department. In the Chief's absence, and where there is not a
Chief Officer available, this responsibility shall be placed with
the next-highest-ranking line officer available from each of the fire
companies. The Deputy Chief and the Assistant Chiefs shall at all
times aid and assist the Fire Chief in the discharge of his/her duties
and responsibilities. Nothing in this section shall be interpreted
to mean that the Chiefs and/or line officers have any control, power
and/or authority over the Florham Park Fire Department Association,
Inc.
A.
The Fire Chief shall have the exclusive responsibility, authority
and control when the Borough's fire forces have been activated.
His/her responsibility and authority shall extend to all firefighters,
apparatus and other persons involved with or assisting in the operation
and management of a fire scene. In the absence of the Fire Chief,
said duties shall descend to the next-highest-ranking Chief and/or
line officer present at the scene.
B.
The Fire Chief shall see that the provisions of this chapter and
the rules and regulations governing the Fire Department are carried
out and that all records are properly made and recorded. At least
once each month, the condition of the trucks, ladders, hoses and other
fire apparatus and equipment, and the buildings in which the same
are kept, shall be checked, and a report of the condition thereof
shall be made to the Borough Council at its regular meetings in January
and July of each year. It shall also be his/her duty, whenever any
of the fire apparatus or equipment shall be required to be replaced
or repaired, to report such fact immediately to the Fire Commissioner
or the Borough Council.
C.
The Chief shall report, in writing, to the Fire Commissioner or Borough
Council at each regular monthly meeting the number of alarms of fire
and all fires that may have occurred in the Borough during the preceding
month, with the causes thereof and the amount of loss by fire, as
well as can be ascertained, and the number and designations of the
buildings or other property injured or destroyed, with the names of
the owners thereof. At each regular meeting of the Borough Council,
the Chief can make a report on any matters pertaining to the Fire
Department as he/she shall deem advisable and proper or as shall be
requested by the Borough Council.
D.
Nothing in this section shall be interpreted to mean that the Chiefs
and/or line officers have any control, power and/or authority over
the Florham Park Fire Department Association, Inc.
Whereas all the firehouses, fire apparatus and equipment are
the property of the Borough and are entrusted to the fire companies,
each company shall take proper care of such apparatus and equipment,
so long as the same is left in the possession of the company, and
shall keep the apparatus and the building in which the same is housed
and the grounds clean and in a presentable condition at all times.
The fire companies shall allow no use of such apparatus and equipment
except as provided for by the Borough Council or the Fire Department
rules and regulations and shall not obtain any right of ownership
or lien upon any building, fire apparatus or equipment belonging to
the Borough and shall deliver and return the same to the Borough at
any time upon demand of the Borough Council.
No person shall operate or ride upon any of the apparatus or interfere with or handle the same in any manner, except by order of the Fire Chief. This provision shall also apply to any firefighter who has been suspended, during the period of suspension. Any person violating any of the provisions of this section shall, upon conviction, be punishable as provided in § 1-16 of this Code.
No person shall interfere with or hinder the Fire Department personnel in the performance of their duties. Any person violating any of the provisions of this section shall, upon conviction, be punishable as provided in § 1-16 of this Code.
No fire apparatus shall be taken to any fire outside the Borough of Florham Park unless authorized by statute, ordinance or mutual aide agreement or by order of the Fire Chief, or, in his/her absence, the next-highest-ranking officer. Any person violating any of the provisions of this section shall, upon conviction, be punishable as provided in § 1-16 of this Code.
A.
Any firefighter not in compliance with the minimum requirements prescribed under § 25-10A for two consecutive quarters, beginning in January of each year, shall be notified, in writing, by certified and regular mail, and shall be placed on probationary status. In addition, any firefighter who does not meet the mandatory minimum training and testing requirements prescribed within the first quarter of every calendar year shall not be entitled to use or possess any departmentally issued gear or equipment and shall promptly return all such items upon request and/or have such items removed. A firefighter's gear shall be reissued upon completion of the minimum mandatory training and testing.
B.
If, at the end of three consecutive quarters, beginning in January of each year, a firefighter is not in compliance with § 25-10A or fails to complete the minimum mandatory training and testing, a hearing shall be had within 30 days. The Board of Engineers and the Captain and Lieutenant of the company in which the firefighter is assigned shall preside over such hearing. At the conclusion of such hearing, a written determination shall be issued setting forth the basis of the decision rendered and the issues of concern and notifying the firefighter that he/she shall be classified as a probationary firefighter until such time as he/she satisfies § 25-10 and any mandatory testing and training requirements prescribed by the Board of Engineers. The firefighter will not receive his/her gear until the minimum mandatory training and testing is completed.
C.
If, at the end of four consecutive quarters, beginning in January of each year, a firefighter is not in compliance with § 25-10A and minimum mandatory training and testing, the firefighter will be notified, in writing, by certified and regular mail, that a hearing will be commenced and that the firefighter may be subject to removal from the Department or to discipline. If a majority of the Board of Engineers and the Captain and Lieutenant of the company in which the firefighter is assigned decide to remove the firefighter, the firefighter shall return all equipment and badges belonging to the Florham Park Volunteer Fire Department and shall have his/her name removed from the roster. If, after proper notice, the firefighter fails to attend the scheduled meeting, the hearing will proceed in absentia.
D.
If at any time herein a firefighter is not compliant with § 25-9, he/she shall return any badges, equipment or gear issued by the Fire Department and shall be removed from the Department, subject to the procedure set forth in this section. In the event that an issue arises regarding a firefighter's compliance with § 25-9, such complaint shall be made in writing, with reasonable particularity, and shall advise the firefighter, by regular and certified mail, of the right to a hearing to be commenced within 30 days, at which time the firefighter shall have the right to confront the evidence against him/her and present a defense. If at the conclusion of the hearing the firefighter fails to establish residency as prescribed by § 25-9, he/she shall be removed from the Florham Park Volunteer Fire Department. If, after proper notice, the firefighter fails to attend the scheduled hearing, the hearing will proceed in absentia.
E.
If at any time herein a complaint is made against any firefighter
for conduct unbecoming or for violation of any written rules or regulations,
such complaint shall be in writing, with reasonable particularity,
and shall be submitted to the Board of Engineers. The Board of Engineers
shall conduct an investigation. At the conclusion of its investigation,
the Board of Engineers shall determine whether to dismiss the complaint
or commence a full company hearing. No such hearing shall be commenced
unless the accused firefighter is noticed, in writing, by regular
and certified mail, of the same, and that he/she shall have the right
to call witnesses on his/her own behalf and to present a defense,
and of the evidence and witnesses against him/her. At the conclusion
of said hearing, the company, by a majority vote, shall decide whether
to suspend, remove, censure or exonerate the firefighter. If the Board
of Engineers fails to act within 30 days, the complaint shall be dismissed
with prejudice and shall not be made part of the firefighter's
personnel file. If, after proper notice, the firefighter fails to
attend the scheduled hearing, the hearing will proceed in absentia.
F.
If any firefighter is removed or suspended under this § 25-20 for any reason, he/she will have a right of appeal to the Mayor and Borough Council within 30 days, with notice to the Board of Engineers, for a hearing on all issues and independent de novo review and decision.
H.
Removal, under any section of this chapter, from the Florham Park
Volunteer Fire Department is not intended or implied to mean removal
from any membership organization established as part of the Florham
Park Fire Department Association, Inc.
