Borough of North Haledon, NJ
Passaic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of North Haledon as Ch. 2, Art. VIII, of the 1990 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency medical services — See Ch. 34.
Length of service award programs — See Ch. 76.
Police Department — See Ch. 107.
Alarm systems — See Ch. 190.
Fire prevention — See Ch. 295.
Fire zones — See Ch. 300.
There is hereby established a Volunteer Fire Department of the Borough, to be known as the "North Haledon Volunteer Fire Department."
[Amended 8-18-2010 by Ord. No. 23-2010; 7-21-2014 by Ord. No. 15-2014]
The North Haledon Volunteer Fire Department shall consist of the present North Haledon Volunteer Fire Department and the members thereof.
[Amended 5-9-1990 by Ord. No. 5-1990; 9-17-2008 by Ord. No. 15-2008; 7-21-2014 by Ord. No. 15-2014]
To become eligible for active membership in the Fire Department, or any unit thereof, the person desiring to become a member shall be a citizen of the United States and either 1) a resident of the Borough of North Haledon for at least three months preceding his/her application for membership; 2) a resident of a town that geographically borders the Borough of North Haledon, i.e., the Borough of Haledon, the Township of Wayne, the Borough of Hawthorne, the Borough of Franklin Lakes and the Township of Wyckoff, for at least three months preceding his/her application for membership; or 3) is and has been employed within the Borough of North Haledon for at least three months preceding his/her application for membership and is at all times physically present within the Borough of North Haledon during his/her work period. The person shall be at least 18 years of age and no more than 40 years of age and shall submit with his/her application for membership a certificate from a physician or licensed health care professional (PLHCP) approved by the governing body of the Borough of North Haledon as to his/her physical fitness and ability to perform the duties of a volunteer fireman. The PLHCP shall follow the examination guidelines prescribed by the Public Employees Occupational Safety and Health Respiratory Protection Standard, 29 CFR 1910.134. All applicants for active membership in the Fire Department shall provide proof of satisfaction of the requirements set forth herein to the Borough Clerk.
[Amended 9-17-2008 by Ord. No. 15-2008; 7-21-2014 by Ord. No. 15-2014]
The applicant shall be investigated by the Chief of the Fire Department and the Membership Committee thereof, and a background check shall be conducted by the Chief of Police of the Borough of North Haledon or his/her designee. Upon the approval of the Chief of the Fire Department, the applicant shall serve a probationary period of at least three months but no more than 18 months as a volunteer fireman. During the probationary period, the applicant shall perform at least 60% of the fire duties of all members of the Fire Department, which duties shall consist of actual attendance and duties at fires and drills, and must complete the training requirements of Title 5, Chapter 73, of the New Jersey Administrative Code, Standards for Fire Service Training and Certification, and any and all other requirements as may be prescribed by the North Haledon Fire Department. After serving the probationary period to the satisfaction of the Chief of the Fire Department and the Membership Committee thereof, the Chief of the Fire Department shall submit the application, together with a certification that the applicant has completed his/her probationary period in a satisfactory manner, to the governing body of the Borough of North Haledon for its approval.
[Amended 5-9-1990 by Ord. No. 5-1990]
Upon approval by the Borough Council, the applicant shall become a regular member of the North Haledon Volunteer Fire Department and shall have a badge issued to him/her. Firefighters must attend one course within the first 18 months of membership.
[Added 12-2-2009 by Ord. No. 30-2009]
A. 
The annual clothing allowance for the Volunteer Fire Department shall be distributed as follows:
(1) 
Chief of the Department shall receive $1,000.
(2) 
Assistant Chief of the Department shall receive $500.
(3) 
Each Captain shall receive $200.
(4) 
Each 1st Lieutenant shall receive $100.
(5) 
Each 2nd Lieutenant shall receive $100.
(6) 
Each Engineer shall receive $100.
B. 
The balance of the annual clothing allowance shall be distributed to all active members of the Fire Department in proportion to the number of alarms and drills attended by each active member for the prior calendar year. Said amount shall be calculated by dividing the balance of the annual clothing allowance by the total number of alarms and drills responded to by the Fire Department, which will equal a common value per alarm and drill. Each active member of the Fire Department shall be entitled to an annual clothing allowance in amount equal the common value per alarm multiplied by the number of alarms and drills attended by that active member of the Fire Department. For purposes of this section, "active firefighters" shall be defined as those members of the Fire Department who respond to emergency service calls and have made a minimum of 20% of the fire calls in the current year.
[Amended 5-9-1990 by Ord. No. 5-1990]
Whenever any member of this Department shall be charged with neglect of duty or a crime involving moral turpitude or for any cause shall cease to be an active fireman, then and in that event said badge shall be delivered to the Chief of the Fire Department after the trial of that person.[1]
[1]
Editor's Note: Original § 2-60, Temporary firemen, of the 1990 Code, as amended, which immediately followed this section, was repealed 9-17-2008 by Ord. No. 15-2008.
[Amended 9-17-2008 by Ord. No. 15-2008; 12-2-2009 by Ord. No. 29-2009; 7-21-2014 by Ord. No. 15-2014]
The officers of the Fire Department shall consist of a Chief and one Assistant Chief. The Chief and the Assistant Chief shall be elected by the Fire Department. The line officers of the Fire Department shall consist of a Captain, 1st Lieutenant and 2nd Lieutenant. All officers and line officers shall be required to attend all officers meetings and drills, unless excused from attendance for good cause by the Chief of the Department.
[Amended 12-2-2009 by Ord. No. 29-2009; 7-21-2014 by Ord. No. 15-2014]
The Chief and Assistant Chief shall hold office for a period of three years and shall resume their respective duties on January 1 following their respective election and their confirmation by the Mayor and Council.
[Amended 9-17-2008 by Ord. No. 15-2008; 12-2-2009 by Ord. No. 29-2009; 7-21-2014 by Ord. No. 15-2014]
A. 
No member shall be eligible for the office of Assistant Chief unless he/she has been an active member of the North Haledon Volunteer Fire Department for at least five years and has held the position of 2nd Lieutenant or 1st Lieutenant for one year and the position of Captain for one year.
B. 
No member shall be eligible for the office of Chief unless he/she has held the office of Assistant Chief for a period of three years. Notwithstanding, any active member who has held the office of Assistant Chief or Chief for two or more years prior to the effective date of this section shall be eligible for the office of Chief.
C. 
In addition to the foregoing, all candidates for the office of Chief and Assistant Chief shall satisfy all eligibility criteria set forth in any and all New Jersey state statutes, administrative regulations and other applicable law.
[Added 12-2-2009 by Ord. No. 29-2009; amended 7-21-2014 by Ord. No. 15-2014]
All nominations for the office of Chief and Assistant Chief shall be made at a special meeting of the Fire Department in the month of November. The Department shall conduct its election for the offices of Chief and Assistant at a Department meeting called for that purpose on or before the second Monday of December. Only active firefighters shall be permitted to vote. For purposes of this section, "active firefighters" shall be defined as those members of the Fire Department who respond to emergency service calls and have made a minimum of 20% of the fire calls in the current year.
[Amended 3-20-2002 by Ord. No. 3-2002]
A. 
It shall be the duty of the Chief of the Fire Department to take active command of the Department at all times when on duty, and all orders shall be issued by him/her directly to the commanding officer of the Fire Department. He/she shall submit written monthly and annual reports to the Borough Council and to the Fire Department, setting forth the number of fires attended, the supplies and apparatus needed, the standing of various members of the Department and any other matters pertaining to the good and welfare and efficiency of the Department.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In addition to the reporting and recordkeeping duties imposed by state statute or regulation or otherwise imposed by law upon the Chief of the Fire Department, it shall also be the duty of the Chief to comply with any and all reporting and recordkeeping requirements imposed by state statute or regulation or otherwise imposed by law upon the Fire Department or upon the Borough with regard to fire matters. The Chief shall also serve as the Program Administrator of the Respiratory Protection Program. The Chief shall be responsible for implementing and administering the Respiratory Protection Program, which shall include, but not necessarily be limited to, annual physicals performed by a physician or licensed care professional designated by the Fire Chief and approved by the governing body of the Borough of North Haledon, which shall be in accordance with the National Fire Protection Association Standard 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments, Public Employees Occupational Safety and Health Respiratory Protection Standard, 29 CFR 1910.134, the North Haledon Respiratory Protection Plan, and complying with any and all laws and regulations pertaining to same. Additionally, the Chief shall oversee the implementing and administering of all safety and health standards for firefighters and complying with any and all laws and regulations pertaining to same, including but not limited to N.J.A.C. 12:100-10.1 et seq., as same may be amended from time to time.
[Amended 9-17-2008 by Ord. No. 15-2008]
[Amended 9-17-2008 by Ord. No. 15-2008; 7-21-2014 by Ord. No. 15-2014]
The Chief shall, at least once a week, conduct on a Department level suitable drills or instruction in the operation and handling of equipment, first aid and rescue work, salvage, a study of the buildings in the Borough, fire prevention, water supplies and all other matters generally considered essential to good firematics and safety of life and property from fire.
The Chief is hereby required to assist the proper authorities in suppressing the crime of arson by investigating or causing to be investigated the cause, origin or circumstances of all fires.
It shall be the duty of the Assistant Chief to perform the duties of the Chief in his/her absence. In case of the absence of the Chief or Assistant Chief, the commanding officer of the Fire Department to arrive first at the place of duty shall be in command of the Department until the arrival of a superior officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-9-1990 by Ord. No. 5-1990; 9-17-2008 by Ord. No. 15-2008]
Only firemen shall be allowed to ride the apparatus when answering an alarm.
[Amended 9-17-2008 by Ord. No. 15-2008]
No equipment or apparatus can leave the Borough for the purpose of a parade or contest without receiving the permission from the Chief of the Fire Department first, and then the governing body of the Borough of North Haledon. In the event it is not possible for the governing body to convene and conduct a meeting in sufficient time for the purpose of granting the permission required of it by this section, then, and only in that event, the Mayor of the Borough of North Haledon shall be authorized to grant the permission required by this section.
[Amended 9-17-2008 by Ord. No. 15-2008]
It shall be the duty of every active member of this Department on an alarm of fire to report to the scene of the fire. The first member of the firehouse shall take immediate command until arrival of the Fire Captain or the Lieutenant, and his/her orders shall be obeyed as though coming from officers.
A. 
Every member, within 30 days after qualifying for membership, shall sign the bylaws of the Department kept by the Chairperson of the Fire Committee and shall at this time take the following oath:
"I do solemnly swear that I will support the Constitution of the United States and of the State of New Jersey, the laws and ordinances of the Borough of North Haledon and obey all rules and regulations and orders of the North Haledon Volunteer Fire Department and faithfully discharge the duties as a member thereof and faithfully serve the Borough of North Haledon according to the best of my knowledge and ability, so help me God."
B. 
He/she shall then receive from the Chairperson of the Fire Committee of the Borough Council a copy of the ordinance creating the Volunteer Fire Department and of the Department's bylaws.
[Amended 9-17-2008 by Ord. No. 15-2008[1]]
All resignations of members shall be made in writing, addressed and presented to the Chief of the Fire Department and/or the Assistant Chief of the Fire Department, and, if approved by a majority of the members present at any meeting of the Fire Department, shall be accepted and forwarded to the Borough Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 5-9-1990 by Ord. No. 5-1990]
Any member of the Department shall be subject to punishment by reprimand, suspension or dismissal from the Department according to the nature and gravity of the offense or for any of the following causes:
A. 
Willful disobedience of orders, failure to comply with the North Haledon Fire Department standard operating procedures or standard operating guidelines.
[Amended 7-21-2014 by Ord. No. 15-2014]
B. 
Disrespect to a superior officer.
C. 
Refusal or failure to attend fires or fire drills.
D. 
Immorality, indecency or lewdness.
E. 
Neglect of duty.
F. 
Violation of any criminal law.
G. 
Conduct subversive of good order and discipline of the Department.
H. 
Violation of any rule or order of the Fire Committee of the Borough Council.
[Amended 9-17-2008 by Ord. No. 15-2008]
Charges against any member of the Fire Department shall be made in writing under oath and filed with the Borough Clerk within 10 days after the offense is alleged to have been committed. In no case, however, shall charges be proffered without the written approval of the Chief of the Fire Department, except charges against the Chief. The date, time and place of the hearing of said charges shall then be fixed by the Fire Committee at a meeting, which shall be specially convened for that purpose, and at least five days before the date so fixed for hearing, a written copy of said charges, together with a notice of the date, time and place of said hearing, shall be served on the member against whom the charges are made, either personally or by leaving the same at such member's usual place of abode. At the time, place and date fixed for the hearing of said charges, the Fire Committee shall hear the evidence adduced by all parties concerned and shall recommend a decision to the Mayor and Council. At all such hearings, the Fire Commissioner shall be the presiding officer. At all such hearings, the defendant, as well as the person making the charges, may have the assistance of counsel in the presentation of evidence relative to the facts at issue. At all such hearings, the Fire Committee shall have the assistance of the Borough Attorney. The hearing of said charges may be adjourned from time to time in the discretion of the Fire Committee; provided, however, that the Fire Committee shall render its recommendation to the Mayor and Council within 15 days following the conclusion of the hearing. At the next meeting of the Mayor and Council after receiving the recommendation of the Fire Committee, the Mayor and Council shall render its decision by a majority vote of the Council persons present at the hearing, provided that in all cases a quorum shall be represented. The decision of the Mayor and Council shall be registered by motion and roll call vote, including the penalty, if any. Notice of the decision shall be mailed to the defendant.
[Added 9-17-2008 by Ord. No. 15-2008]
The Chief of the Fire Department shall have the right to suspend any member forthwith for any of the offenses enumerated in § 44-21, but in such case, charges shall be proffered against such member within five days thereafter, not counting intervening holidays, Saturdays and Sundays.
[Added 9-19-2012 by Ord. No. 24-2012]
Any grievance or dispute which may arise between any member of the North Haledon Volunteer Fire Department and any officer thereof concerning a firematic issue(s) or any proposed applicant for membership to the North Haledon Volunteer Fire Department and any officer thereof concerning the application process shall be settled in the following manner:
A. 
Step 1. The member or applicant, as the case may be, shall submit the grievance in writing to the Fire Chief within five days of its occurrence. The Fire Chief shall attempt to adjust the matter and respond in writing to the member or applicant, as the case may be, within five working days of his/her receipt of the written grievance.
B. 
Step 2. If the grievance is still unsettled, the member or applicant, as the case may be, shall, within five working days from receipt of the answer required by Step 1 hereunder, submit the written grievance, together with all documentation supporting the same, to the Municipal Clerk for final resolution by the Mayor and Council within 30 days of the Municipal Clerk's receipt of the written grievance. The Municipal Clerk shall provide notice to the grievant and Fire Chief as to the date and time on which the matter will be considered by the Mayor and Council. On that date and time, the grievant and Fire Chief may appear and present testimony and documentary evidence in support of their respective positions.
A. 
Eligibility. A death benefit payment in the sum of $2,000 shall be paid upon the death of a Borough volunteer fireman who has served seven years as a Borough volunteer fireman and who, by reason of his/her age at the time of initial membership as a Borough volunteer fireman, is not eligible for death benefit payments by the State of New Jersey. Death benefit payments for volunteer firemen shall be and the same are hereby payable retroactively to January 1, 1987, in accordance with Subsection C.
[Amended 6-14-1989 by Ord. No. 6-1989; 8-9-1989 by Ord. No. 13-1989]
B. 
Beneficiaries. The death benefit payment in the sum of $2,000 shall be paid to the surviving widow or, if there is no surviving widow, to the surviving children of the deceased Borough volunteer fireman. In the event that the Borough volunteer fireman dies without a surviving spouse or surviving children, no payment shall be made or payment shall be made to the funeral director. Death benefit payments for volunteer firemen shall be and the same are hereby payable retroactively to January 1, 1987, in accordance with Subsection C.
[Amended 6-14-1989 by Ord. No. 6-1989; 8-9-1989 by Ord. No. 13-1989; 5-9-1990 by Ord. No. 5-1990]
C. 
Time of payment. The death benefit payment shall be paid in the calendar year subsequent to the year of the death of the eligible Borough volunteer fireman, unless the governing body in the exercise of its discretion by resolution determines to make payment in the same year as the death.
[Amended 4-17-1991 by Ord. No. 6-1991]
[Added 7-16-2008 by Ord. No. 5-2008]
All equipment and gear items in the possession of a member are to be promptly returned to the Department upon such member's resignation, suspension, dismissal, retirement, or any other termination of service. The Chief of the Fire Department shall notify the governing body within 14 days of the return of said equipment and gear. Said notice shall itemize all returned equipment and gear, as well as separately itemize all unreturned equipment and gear.