[HISTORY: Adopted by the Township Council of the Township of Livingston
11-5-1979 as Ch. 12 of the 1979 Revised General Ordinances. Amendments noted
where applicable.]
Within the Department of Public Safety, there shall be a Division of
Fire, also known as the "Fire Department," the head of which shall be the
Fire Chief. The Division of Fire, as heretofore established, is hereby continued
and is subject to all laws and ordinances relating to a Municipal Fire Department.
[Amended by Ord. No. 21-1999; Ord. No. 22-1999; Ord. No. 18-2000]
A.
The Division of Fire shall consist of the Fire Chief,
as head of the Division, Assistant Chief, three Deputy Chiefs and such other
employees and members as the service may from time to time require. No officer
shall hold two line command positions simultaneously.
B.
All personnel shall be approved by the Manager and shall
be subject to such rules and regulations as the Manager deems necessary.
C.
It shall be the duty of the Township Clerk to keep a
list of the members of the Division of Fire.
[Amended by Ord. No. 1-1999]
A.
No person shall hereafter be eligible for membership
as a volunteer fireman in the Division of Fire who is less than 18 years or
more than 45 years of age.
B.
Every such member shall be a citizen of the United States; be of good moral character and sound in body and mind; and, except as provided in Subsection E, shall be a resident of the Township of Livingston.
C.
Any person desiring to become a member of the Division
of Fire shall submit with his membership application a certificate from a
practicing physician as to his physical fitness to perform the duties assigned
to him as a fireman.
D.
Before the name of any such person shall be placed upon
the roll of the Division of Fire, such person must certify in writing his
willingness to abide by and conform to the rules and regulations governing
the Division of Fire.
E.
A member of the Division of Fire who has obtained an
exempt qualifying certificate from the New Jersey State Firemen's Association
and who has completed seven years of active service in the Division of Fire
may reside in a municipality whose boundary is contiguous with that of the
Township, provided that he otherwise complies with all the rules and regulations
of the Division of Fire governing resident members. No such nonresident member
shall hold a line officership in the Division of Fire.
The Division of Fire shall provide protection against loss of life and
property by fire or disaster. To this end, it shall:
A.
Maintain and operate firehouses and fire-fighting equipment;
B.
Administer a Fire Prevention Bureau;
C.
Inspect buildings and other fire risks within the Township
on regular schedule;
D.
Enforce all general laws, ordinances and fire regulations,
and issue permits as authorized or required thereby;
E.
Maintain its equipment and Fire Department quarters;
and
F.
Cooperate with other departments in time of need or emergency.
A.
The Fire Chief shall be appointed by the Manager and
shall hold office and continue in his employment during good behavior, efficiency
and residence in the Township.
B.
The Fire Chief shall:
(1)
Have jurisdiction over all members of the Division of
Fire.
(2)
Supervise and direct the operations of the Division of
Fire.
(3)
Attend such fires and alarms of fire as he may deem appropriate
and direct fire-fighting activities, through subordinate officers, at fires
which he attends.
(4)
Supervise and participate in the collection of evidence
as to the cause of fires; identify causes of fires; prepare and submit reports
of fires as required by law.
(5)
Submit to the Manager each month a report containing
such suggestions or recommendations as he may deem necessary for the good
of the Division, including the report of the attendance or absence of officers
and members at fires, alarms and drills and delinquency in the performance
of the duties assigned to them respectively.
(6)
Prepare and submit the Department budget to the Township
Manager; initiate the procurement of materials, supplies and equipment; and
maintain or supervise the maintenance of such records as may from time to
time be required by the Manager.
(7)
Perform such other duties as the Manager or any ordinance
or law may from time to time require.
A.
Assistant Fire Chief. It shall be the duty of the Assistant
Fire Chief to assist and aid the Chief and Deputy Chiefs in the discharge
of their duties in the day-to-day operations, and in the absence of the Fire
Chief, perform all administrative and nonadministrative duties of the office
of the Chief. In the absence of the Chief, the Assistant Chief or a Deputy
Chief shall be designated by the Chief to perform all nonadministrative duties
of the office of the Chief, including command at fires and alarms of fire,
and at fire drills over all members of the Division, and the apparatus and
appurtenances belonging to the same, and may direct whatever measures deemed
proper for the prevention and extinguishment of fires. The Assistant Fire
Chief shall have the following qualifications for the position:
(1)
Be a member in good standing of the Livingston Fire Department
for a minimum of five years.
(2)
Be a resident of the Township of Livingston.
(3)
Possess a valid fire inspector/fire official certification
from the New Jersey Division of Fire Safety.
(4)
Shall have successfully completed the Basic Arson Investigation
course as per the New Jersey Division of Criminal Justice.
B.
Deputy Chief. In the absence of the Fire Chief at a fire
or alarm of fire, the Assistant Fire Chief shall be in charge, and in the
absence of both the Fire Chief and the Assistant Fire Chief, the Deputy shall
be in charge followed by the officer next in rank.
The members of the Division of Fire shall, upon an alarm of fire from
any section in the Township, proceed promptly to the place of fire and perform
any duty that may be required of them, and they shall remain on duty until
relieved by orders which shall be given only by the officer in command.
Any neglect or failure on the part of the Fire Chief or any other member
of the Division of Fire to properly report a violation of any of the rules
and regulations of the Division, shall subject the party to censure, reprimand
or discharge from the Division of Fire, unless the party shall show to the
satisfaction of the Manager that such neglect or failure was, on his part,
unavoidable.
No fire apparatus shall be taken out of the Township, except by permission
of the Manager, unless in answer to a call for assistance in exterminating
a fire in a neighboring community and then only with the permission of the
Fire Chief or the officer in charge.
A.
There shall be established a fee in the amount of $5
for the first three pages and $0.50 for each additional page of a report provided
by the Division of Fire.
B.
There shall be no charge for any report for which a formal
request is made by any local, county, state or federal law enforcement agency
or by the federal postal authorities.
C.
The viewing of reports or photographs shall be permitted
and conducted at the Division of Fire daily, Monday through Friday, between
the hours of 9:00 a.m. and 4:00 p.m.
D.
The Division of Fire shall issue receipts for all fees
received for materials furnished.
E.
All fees collected under this section shall be delivered
to the Township Treasurer and thereafter deposited by him in the appropriate
account of the Township.
