[HISTORY: Adopted by the Mayor and Council
of the Borough of Northvale as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 101.
[Adopted 5-13-1987 by Ord. No. 575-87]
The name of this Department shall be the "Northvale
Volunteer Fire Department." It is referred to in the following as
"Fire Department." The Fire Department is hereby established coextensive
with territorial jurisdiction of the Borough of Northvale.
The object of the Fire Department shall be the
protection of life and property from fire, hazardous situations, spills,
leaks or other conditions endangering the public for which the Fire
Department has equipment to handle and the procuring of personnel
to accomplish the same.
The Department shall be entitled to 90 members
and no more.
[Amended 7-10-1991 by Ord. No. 628-91]
A.
Class A Members (regular fire fighters). The regular
or Class A members of the Fire Department shall meet the following
requirements:
(1)
They shall be citizens of the United States and members
of the Northvale Fire Association, except for Class B members.
[Amended 11-10-2021 by Ord. No. 1043-2021]
(2)
They shall be residents of the State of New Jersey
and reside in Northvale or one of the following communities: Closter,
Harrington Park, Norwood, Rockleigh or Old Tappan. Membership from
the five communities other than Northvale shall be limited to 10.
If a current member moves to one of the other enumerated communities
from Northvale, he or she shall remain an active member of the Northvale
Fire Department.
[Amended 11-8-2000 by Ord. No. 759-2000]
(3)
They shall not be under 18 nor over 57 years of age
at the time of their appointment, or as state law may require. Active
firefighters who have an established line number with the New Jersey
State Firemen's Association who transfer from another department
are exempt from this age restriction.
[Amended 11-10-2021 by Ord. No. 1043-2021]
(4)
They shall be able to pass a physical examination,
said exam be paid for by the Borough.
(5)
They shall answer to and perform a minimum of 50%
of fire calls and drills during the calendar year.
[Amended 11-10-2021 by Ord. No. 1043-2021]
B.
Class B members (daytime fire fighters). There shall be a maximum total of five Class B members of the Fire Department who shall meet, in addition to the requirements of Subsection A(1), (3), (4) and (5) above, the following:
(1)
They shall be actively employed in a place of business
within the Borough of Northvale during normal weekday business hours.
Any member who shall become employed outside of the Borough of Northvale
shall no longer qualify as a Class B member.
[Amended 11-10-2021 by Ord. No. 1043-2021]
(2)
They shall have successfully completed Fire Fighter
I schooling or its equivalent and be a current, active member in good
standing in the town in which they reside and present their certificate
for review by the Department.
(3)
They shall submit to the Department written permission from their place of employment to leave work in order to fulfill their duties as a fire fighter. In conjunction with their employer's written permission, it shall be the responsibility of Class B members to attend all fire calls during business hours. Required drills under Subsection A(5) shall be deemed to be during work hours and may attend regular nighttime drills. Class B members shall be precluded from holding office within the Department of a line officer.
[Amended 11-10-2021 by Ord. No. 1043-2021]
C.
It shall be a further qualification of all Class A
members (regular fire fighters) and Class B members (daytime fire
fighters) appointed hereunder to complete all hazardous waste operations
and emergency response training as required by the New Jersey Public
Employees' Occupational Safety and Health Act (PEOSH), N.J.S.A. 34:6A-1
et seq. and the Federal Occupational Safety and Health Act (OSHA)
and all rules and regulations contained thereunder [29 CFR 1910.120
q(6)(i-iv)].
[Added 5-5-1992 by Ord. No. 642-92]
[Amended 7-10-1991 by Ord. No. 628-91]
From the effective date herein, each application
for Class A and/or Class B membership shall be made in writing, using
forms provided by the New Jersey State Fire Association. The applicant
shall be recommended to the Mayor and Council for the Borough of Northvale
by the Chief of the Department of appointment.
A.
A Class A member shall be appointed as a probationary
fireman for a period of one year or until satisfactory completion
of training as required by state and/or federal regulation.
B.
A Class B member shall be appointed as a probationary
fireman for a period of six months upon satisfactory completion of
training as required by state and/or federal regulation.
[Amended 11-10-2021 by Ord. No. 1043-2021]
Upon the appointment as a probationary fireman,
the member must meet the requirements as set forth in this chapter,
but the member shall not be eligible to vote or hold office. Upon
the satisfactory completion of training as defined by the Chief and
any training that may be required by the State of New Jersey, he shall
be accepted as a member.
A.
Membership. The membership of the Board of Fire Officers
shall consist of the Chief and one other member chosen by him, the
immediate Past Chief and two members of the Department chosen by the
members at the annual meeting. Said two members shall each hold office
for a two-year term.
B.
Quorum. A quorum of the Board of Fire Officers shall
consist of no less than a majority of the full qualified membership.
C.
Meetings. Meetings may be called at the discretion
of the Chief or by any two other members of the Board of Fire Officers
acting on behalf of the Chief in the event of illness or incapacity,
removal, death or disqualification. Members of the Board shall be
entitled to receive due and timely notice of all special meetings.
D.
Interpretation of chapter. Any question as to the
interpretation, intention or meaning of this chapter shall be determined
by the Chief of the Fire Department. However, if two or more members
of the Board of Fire Officers disagree with said interpretation, then
the Mayor and Council, upon the advice of the Municipal Attorney,
shall issue a legal opinion. Any decision shall be transmitted to
the active Department at its next regular meeting and a copy retained
in a separate file for future reference. It shall be the duty of every
member of the Board of Fire Officers to respect and enforce this chapter
to the best of said member's ability in order that the Board may operate
efficiently and in order to ensure that the Department shall function
properly.
F.
Charges; hearings; penalties.
(1)
No member or officer of the Northvale Volunteer Fire
Department shall be removed from his office or position for any cause
other than incapacity, misconduct or disobedience, or for violation
of the applicable provisions of this chapter; nor shall such member
or officer be suspended, removed, fined or reduced in rank or in office
or position except for just cause as herein provided and then only
upon written complaint to the Mayor and Council through the Fire Commissioner
setting forth the charge or charges against such member or officer.
(2)
All charges against any officer or member must be
submitted in writing and signed by a member or members in good standing.
The written charges shall be submitted to the Board of Fire Officers.
The Board of Fire Officers shall meet within 10 days following the
receipt of the charges. A true copy of the written charges must be
served on the accused by the Board of Fire Officers personally or
by certified mail, return receipt requested, immediately upon receipt
by the Board of Fire Officers. The charges shall be reviewed by the
Board of Fire Officers, which shall take appropriate action to either
dismiss the charges or require a hearing, which decision shall be
made within 20 days of the presentation of the written charges to
the Board of Fire Officers. A failure to substantially comply with
the service of the complaint, the meeting of the Board of Fire Officers
or the decision of the Board of Fire Officers to take appropriate
action shall require a dismissal of the complaint.
(3)
In the event that the Board of Fire Officers does
not dismiss the charge after a preliminary investigation and after
presentation of the charges to the accused, it shall have the power
to compel the production of proofs and witnesses required by it relative
to said charges. All charges shall be heard before the Board of Fire
Officers at a closed hearing. Neither the accused nor the complainant
shall sit as a member of the trial board either at the hearing or
in any of the preliminary decisions. The accused shall be entitled
to be heard in his own behalf and shall be entitled to be represented
by counsel of his choice. The accused and his representatives shall
be afforded the right of cross-examination and confrontation of the
witnesses against him. Should the accused stand mute and refuse to
answer the charges, the hearing shall proceed in the same manner as
if said accused had entered a plea of "not guilty" to the charges.
(4)
In the event that a hearing is held pursuant to the
previous subsection, the accused shall receive a written notice of
the hearing designating the time and place, which shall not be less
than 10 days nor more than 30 days from the date of service of the
complaint.
(5)
Upon receipt of charges by the Board of Fire Officers,
the same shall have the power to order a temporary suspension of the
accused from active duty and other duties and privileges of the Department.
The accused may not serve at fires or any Fire Department duties until
the final outcome of the charges is determined and made known to him
in writing. In the event that no temporary suspension is ordered,
the accused shall be entitled to continue as an active member of the
Department in all respects.
(6)
In the event that a member of the Department is finally
determined not guilty, then he shall be immediately entitled to resume
all rights and privileges and duties as a member of the Department.
In the event that a suspension has occurred or in the event of no
suspension, his status shall be that of a member in good standing
as though no charges had been brought.
(7)
The following is a list of the offenses and violations,
which are not to be considered as all inclusive and limiting:
(a)
Willful disobedience of orders of a duly empowered
superior.
(b)
Appearance at a fire, meeting or drill while
under the influence of intoxicating liquors or any other controlled
dangerous substance. Such member so appearing shall be referred to
the Board of Fire Officers for disciplinary action.
(c)
Disrespect to a superior officer in his official
capacity.
(d)
Incompetence with respect to the performance
of any firematic duty.
(e)
Neglect on duty.
(f)
Leaving any official Fire Department operation
without permission of the officer in charge, i.e., fires, drills,
standby or parades.
(g)
Failure to perform assigned firematic duty.
(h)
Failure to report to the firehouse upon hearing
a fire alarm, other than the Fire Chief or Deputy Chief, who may go
directly to the fire scene.
[Amended 4-9-2008 by Ord.
No. 854-2008]
(i)
Countermanding any order of an officer in charge
of a fire.
(j)
Loaning of any uniform, badge, key or other
fire equipment to anyone not a member of the Fire Department.
(k)
Willfully breaking, tampering or damaging any
property of the Fire Department, Borough of Northvale, including but
not limited to any and all types of firematic equipment of whatever
nature.
(l)
Violation of any rule or order of this chapter
resulting in harm or injury to the Department, its equipment or any
of its members.
(8)
In the event, as a result of a hearing, that the Board
of Fire Officers recommends permanent expulsion or removal of a member
or officer, said member or officer is entitled to a hearing upon the
charges before the Mayor and Council at a closed meeting, unless otherwise
requested by said member. The hearing before the Mayor and Council
shall only take place after the Board of Fire Officers has completed
its hearing and made its recommendations. The hearing before the Mayor
and Council shall be an appellate hearing de nova. The accused shall
once again be afforded the opportunity to appear, respond, present
evidence, confront the evidence and witnesses against him and present
arguments as to all issues involved. The accused shall be allowed
to have counsel represent him. A complaint shall be presented to the
Mayor and Council, in writing, with a copy to the accused, and the
Board of Fire Officers. Said complaint shall be signed by the original
complaining party or parties and shall consist of a concise written
statement of the facts constituting the alleged violation sufficient
to give the member reasonable notice of the charges against him and
adequate enough so as to enable him to prepare his defense.
(9)
Nothing contained in this chapter shall prevent the
parties to a disciplinary hearing, by consent, stipulation or agreed
settlement, to informally dispose the charges, provided that the same
is accomplished, in writing, by all parties.
(10)
All proceedings in the hearing shall be without transcript
except upon the request of any party to the hearing and to the expense
of such party.
(11)
All findings of fact at a hearing shall be tape-recorded
and based exclusively on the evidence and on the matters officially
noticed at the hearing.
(12)
The parties of the hearing shall not be bound strictly
by the rules of evidence, whether statutory, constitutional or adopted
formally by the rules of court. All relevant evidence is admissible
except if such evidence is cumulative and would constitute an undue
consumption of time or is prejudicial. The complainant may present
its case and defense by oral and by documentary evidence, submit rebuttal
evidence and conduct cross-examination for a full and true disclosure
of the facts.
(13)
In the event that the Mayor and Council are called
upon to conduct a hearing of a member, said hearing may be closed
or in open session, at the option of the defendant member. A final
decision shall be made by the Mayor and Council in response to the
charges in the complaint. The deliberation for making the decision
may be in the closed session of the Mayor and Council or stated in
the record and shall be made within 30 days after the completion of
the hearing. A final decision of the Mayor and Council shall include
findings of facts and conclusions of the grounds for the decision
separately stated and shall be based upon the evidence of the record.
The member shall be notified by certified mail, return receipt requested,
or by personal service of the Mayor and Council. Said decision of
the Mayor and Council shall be effective as of the date thereof and
shall be deemed to be final subject only to judicial review.
A.
Attendance at fires. It shall be the duty of a member
to regularly attend all fires and drills. Upon the sounding of every
alarm of fire, such member shall proceed promptly to the firehouse
to discharge the duties assigned to him by the Chief or his designated
officers.
B.
Fulfilling of duties. All members shall fulfill the
duties assigned to them by the officers of the Department.
C.
Excuses. An excuse from a drill and/or a Department
requirement may be given by the Chief or officer acting in the place
of the Chief; and said excuse, if granted, shall be recorded on the
attendance sheet.
D.
Uniforms and appurtenances. All uniforms and appurtenances
thereon issued by the Borough of Northvale to the Fire Department
members shall be maintained in good order. The uniforms shall be used
solely for Fire Department activities and shall bear the insignia
of Northvale Fire Department.
[Added 11-10-2021 by Ord.
No. 1043-2021]
(1)
Follow all rules and regulations. All members shall adhere to and
follow all rules and regulations promulgated by the New Jersey State
Firemen's Relief Association and New Jersey Exempt Firemen's
Association.
[Added 11-10-2021 by Ord.
No. 1043-2021]
(2)
Life members. After attaining 25 years of continuous service or 30
years of broken service with the Northvale Fire Department, a member
shall become a life member and shall be exempt from any mandatory
provisions of this article.
E.
Follow all rules and regulations. All members shall adhere to and
follow all rules and regulations promulgated by the New Jersey State
Firemen's Relief Association and New Jersey Exempt Firemen's
Association.
[Added 11-10-2021 by Ord.
No. 1043-2021]
F.
Life members. After attaining 25 years of continuous service or 30
years of broken service with the Northvale Fire Department, a member
shall become a life member and shall be exempt from any mandatory
provisions of this article.
[Added 11-10-2021 by Ord.
No. 1043-2021]
[Amended 4-9-2008 by Ord.
No. 854-2008; 11-10-2021 by Ord. No. 1043-2021]
To qualify for officer positions, line officers shall not hold
any fire officer position with another department. All fire officers
must be residents of Northvale. Members must have the following fire
service time and must meet the state requirements and certifications
for each rank. The following line of officers shall be elected for
a term of one year at the annual meeting of the Fire Department to
be held during the first week of December:
A.
Chief: prior service as a member of the Northvale Volunteer Department
of five years;
B.
Deputy Chief: prior service as a member of the Northvale Volunteer
Department of three years;
C.
Captain: prior service as a member of the Northvale Volunteer Department
of three years;
D.
Four Lieutenants: prior service as a member of the Northvale Volunteer
Department of three years.
In the event of a vacancy of one of the officers,
a special election will be held at the discretion of the Board of
Fire Officers, upon 48 hours' notice to all members of the Department,
to fill said vacancy.
All members in good standing of the Fire Department
shall be entitled to participate in the election of line officers,
subject to the other provisions of this chapter.
After the election of the officers, the Chief
shall submit to the Mayor and Council the results of said elections.
Upon the approval of the Mayor and Council of the officers, they shall
be sworn in the Mayor and Council and shall assume the duties of their
respective offices.
A.
Chief.
(1)
The Chief shall have exclusive control and supervision
at all fires, Departmental inspections, drills and reviews or other
fire duties and shall schedule the annual meeting of the Fire Department.
He shall also have supervision of all fire equipment of all officers
and members of the Department. He shall hold the officers and members
of the Department strictly to account for neglect of duties and may
temporarily suspend any member or officer for refusing to obey lawful
orders or for any reason that would promote discord or decrease efficiency
in the Department. Such suspension by the Chief shall be subject to
full review by the Board of Fire Officers at the specifically called
meeting.
(2)
The Chief shall also be responsible for submitting
to the Mayor and Council an annual inventory of equipment and condition
of the same, roster and status of each Fire Department member, a truck
maintenance report and any other information as required by the Mayor
and Council.
B.
Deputy Chief. The Deputy Chief shall perform the duties
of the Chief in his absence and such other duties prescribed.
[Amended 4-9-2008 by Ord.
No. 854-2008]
C.
Captain and Lieutenants. The Captain and Lieutenants
shall perform the duties set forth by the Chief or, in his absence,
the Deputy Chief.
[Amended 4-9-2008 by Ord.
No. 854-2008]
D.
Engineer. The Engineer shall be responsible for the
regular and ordinary maintenance of all Borough fire equipment and
shall keep a log of such maintenance activity.
The fire apparatus and equipment of the Borough
of Northvale shall be used only for the purpose of fire control, fire
prevention, protection of property, instruction of members of the
Department or other firematic purposes.
Any and all pronouns or references to gender
herein shall be deemed to apply to male or female, as the case may
be.
The members of the Fire Department may attend
firematic functions outside the Borough of Northvale and use Borough
of Northvale equipment.
[Adopted 3-13-2002 by Ord. No. 774-2002]
There is hereby established an auxiliary to
the Northvale Fire Department which shall be known as the "Junior
Firemen's Auxiliary." Said Junior Firemen's Auxiliary shall operate
and be guided by N.J.S.A. 40A:14-95, et seq.
In accordance with N.J.S.A. 40A:14-96, no person
shall be eligible for membership in the Junior Firemen's Auxiliary
who is less than 14 or more than 21 years of age.
The following membership eligibility requirements
and procedures shall apply to all prospective members of the Junior
Firemen's Auxiliary:
A.
Persons between the ages of 14 and 18 shall be required
to obtain permission to join the Auxiliary from their parents or guardian.
B.
All candidates must submit proof of their birth date.
C.
All candidates must submit a written application to
be reviewed by an examining board selected the Board of Fire Officers
of the Borough of Northvale Fire Department. The candidate's parents
or guardian shall sign the application and agree to abide by the provisions
of this article and the standard operating guidelines promulgated
thereunder.
D.
The examining board has the right to examine all relevant
past history of any candidate; including, but not limited to, driving
records, arrests, convictions, or such further information that the
board deems relevant. The examining board shall acquire said information
from law enforcement agencies.
E.
A candidate must submit a physical report from a physician
before becoming a member.
The following rules, regulations and standard
operating guidelines of the Junior Firemen's Auxiliary are hereby
adopted:
A.
In accordance with N.J.S.A. 40A:14-98, no junior firemen
shall be required to perform duties which would expose him to the
same degree of hazard as a regular member of the Volunteer Fire Department.
[Amended 11-10-2021 by Ord. No. 1043-2021]
B.
Juniors shall not allow Fire Department activities
to interfere with family, school, or school-related activities.
C.
No junior shall attend a department call, or any other
department-related activity during school hours.
D.
Juniors must stay in school and maintain an overall
C average.
E.
Juniors shall not engage in any act unbecoming the
uniform of the Northvale Junior program.
F.
There shall be no smoking by a junior at any time.
G.
Juniors must maintain a 50% average per year of training
exercises, fund-raisers, and special activities; fire calls shall
be considered extra credit. Members must exhibit genuine interest
toward learning basic fire-fighting skills and participating in fire
department activities.
H.
Juniors shall not interfere with fire apparatus or
fire fighters responding to or returning from a call.
I.
Juniors may only respond to calls and remain at the
firehouse after cleanups, drills, and special activities pursuant
to the following schedule:
[Amended 11-10-2021 by Ord. No. 1043-2021]
|
Age
|
School Nights
| |
|---|---|---|
|
14 and 15
|
3:30 - 9:30 p.m.
| |
|
16
|
3:30 - 10:00 p.m.
| |
|
17
|
3:30 - 11:00 p.m.
|
J.
While responding to a fire call, juniors shall obey
all traffic laws, obey all traffic lights, and shall not drive a personal
vehicle over the posted speed limit or in a reckless or careless manner
at any time.
K.
Juniors' personal vehicles shall not display a blue
light during a fire call response or at any time.
M.
Juniors shall not board apparatus unless explicitly
instructed to do so by the truck officer.
N.
Juniors shall not drive department apparatus at any
time.
O.
Juniors must remain at the vehicle by which they arrived
at the fire scene until otherwise directed by a line officer or in
the absence of a line officer, the truck officer or senior fire fighter
in charge.
P.
Juniors must obey the chief officer in charge at all
fire activities. Juniors must as well adhere to all Northvale Fire
Department regulations and the requirements of this article.
Q.
Juniors shall be at least 18 years of age and possess
a valid driver's license to direct traffic. In addition, any junior
who directs traffic shall undergo a training period by the Northvale
Police Department and shall be required to wear high-visibility vests.
R.
Activities of juniors under 16 years of age shall
be limited to:
S.
Department keys shall not be issued to juniors; juniors
are not permitted in the fire station without the presence of a member
of the Northvale Fire Department.
T.
No member of the Junior Firemen's Auxiliary may hold
either a line officer or elected administrative position.
U.
No junior may perform house duty in place of a fire
fighter.
V.
No junior is permitted behind the bar area for any
reason.
W.
A junior shall be considered in good standing when
all of the following requirements are satisfied:
Members of the Junior Firemen's Auxiliary shall
be provided with the same insurance coverage in the same amounts provided
for the regular volunteer firemen of the Borough of Northvale pursuant
to N.J.S.A. 40A:14-97.
