[HISTORY: Adopted by the Mayor and Council of the Borough
of Newfield as indicated in article histories. Amendments noted where
applicable.]
[Adopted by the Mayor and Council of the Borough of Newfield 12-14-2010 by Ord. No. 2010-11; amended in its entirety 7-11-2013 by Ord. No. 2013-7.]
There is, and has been established, within the Borough of Newfield
a fire company, known as the Newfield Fire Company No. 1 (hereinafter
"NFC") which was created and established and is hereby continued to
be recognized by the Borough of Newfield. No other firefighting organization
is to be formed within the Borough without consent of the Borough
Council. NFC must comply with all the requirements of this article
and any rules or regulations promulgated hereunder.
The line officers of the NFC shall consist of a Chief, Deputy
Chief, Assistant Chief, Captain, Lieutenants, and Fire Police Captain
as shall be appointed by the Borough governing body as provided by
law.
The bylaws of the NFC shall be submitted for the approval of
Borough Council. Any amendments thereto will not become effective
unless and until formally approved by Council. Approval of the bylaws
and such amendments shall not be unreasonably withheld.
It shall be the responsibility of the Chief of the NFC to make
all reports to Borough Council as hereafter required by this article.
The Borough of Newfield shall retain ownership and control over
quarters entrusted to the NFC, including the sign in the front of
the Borough Municipal Building.
Borough Council shall supply to the NFC funding at its discretion,
based upon the needs of NFC, and taking into account funds raised
by this volunteer organization.
The Borough of Newfield shall retain title to all equipment
purchased with funds supplied by Borough Council for the purpose of
purchasing such equipment. However, nothing shall preclude the NFC
from purchasing its own fire equipment or other personal property
and retaining title thereof; provided, however, that if the Borough
shall have a financial responsibility toward the purchase, operation
or maintenance of such items, prior formal approval of Borough Council
for such purchase shall be required.
A.
The Chief shall be in full command and complete control at all fires
and during the period of all alarms and shall be held accountable
for his/her actions to the Council and shall make written and verbal
reports as the Council may require. All other line officers shall
be accountable to the Chief except when any officers are acting as
Chief in his/her absence.
B.
The Chief shall formulate rules and regulations to govern the operation
of the NFC, such rules and regulations being subject to review and
approval by the Borough Council, and shall be responsible to the Borough
Council for the morale and general efficiency of the NFC.
C.
The Chief or line officer designated by him/her shall, at least once
a month, conduct suitable drills or instructions in the operation
of firefighting apparatus and equipment, first aid and rescue work,
salvage, a study of buildings presenting unusual fire problems, water
supply and other matters generally considered essential to good firemanship
and safety of life and property from fire.
D.
The Chief or any line officer designated by him/her is hereby required
to report to the Borough Council any suspected crime of arson and
shall render all possible assistance to the Borough Council and the
Chief of Police in investigating the cause, origin, and circumstances
of all fires of questionable origin.
E.
The Chief shall cause to be kept complete records of all fires, apparatus
and minor equipment, personnel and other information about the work
of the Fire Company.
F.
The Chief shall report monthly to the Borough Public Safety Chair
the number and types of fires during the month, the number and purpose
of all other runs made, the number of members and man-hours involved
in responding to each fire or other run, and the estimated loss involved
in all building fires.
G.
The Chief shall make a complete annual report to the Borough Council, such report to include information as specified in Subsection F of this section, together with comparative data for previous years and recommendations for improving the effectiveness of the NFC.
H.
The Chief shall be responsible to transmit to the Borough Council,
on or before November 15 of each year, a proposed annual budget.
The recognized standards and practices for the prevention of
fire shall be held to mean the standard practices and requirements
as set forth in the Fire Prevention Code currently in effect in the
Borough.[1]
A.
Every person seeking to join the NFC shall make application to the
NFC in accordance with the rules and regulations thereof, and the
bylaws of the NFC. Upon obtaining membership in the NFC, said person
shall become a member in good standing of the NFC, subject to appointment
thereto by the Mayor and Borough Council. Applicants must be at least
18 years of age and must pass a physical examination by a practicing
physician in the State of New Jersey, certifying that the applicant
is fit for firefighting duties.
B.
It shall be the duty of the active members to participate in drills
and instructions and to aid the Chief and the other line officers
to the best of their ability in the prevention and control of fire
and the protection of life and property within the Borough of Newfield
and wherever the NFC may have cause to conduct operations.
C.
All members of the NFC shall serve without compensation.
D.
An exempt firemen's certificate shall be issued by the Borough
Council, in the form and manner provided by law, to all members of
the NFC lawfully entitled to receive the same.
A.
Recommendations for the purchase of apparatus and equipment needed
to maintain the effectiveness of the NFC and properly protect life
and property from fire shall be made by the Chief to the Mayor and
Borough Council.
B.
All Borough equipment of the NFC shall be safely and conveniently
housed by the NFC at the Borough Municipal Building, which, in part,
serves as the firehouse.
C.
Suitable arrangements shall be provided for citizens to turn in an
alarm, and for notifying members of the NFC so that they may promptly
respond. It shall be the duty of the Chief to notify the Public Safety
Chair of Borough Council of any condition that would interfere with
the proper functioning of the fire alarm system. He/she shall cause
the arrangement to be tested as required to obtain a dependable alarm
service.
D.
Except as may be authorized by the Borough Council, no person shall
use any fire apparatus or equipment of the Borough for any private
purpose. No person shall willfully and without authority to take away
or conceal any article used in any way by the NFC.
E.
No person except authorized employees of the Borough of Newfield
shall enter any place where fire apparatus is housed or handle any
equipment belonging to the Borough unless accompanied by or having
the special permission of an officer or authorized member of the NFC.
F.
The Chief is hereby authorized to extend aid to neighboring communities
upon request for fire protection or to establish a mutual aid system.
G.
No apparatus of the Borough shall be hired out or permitted to leave the Borough of Newfield without consent of the Borough, except in response to a call for aid in a neighboring community or on official business. No apparatus is to leave the Borough on official business without the consent of the Chief or highest ranking line officer available. The line officer in charge of the NFC shall have power to assign equipment for response to calls for outside aid in accordance with Subsection F of this section, and in other cases, only when the absence of such equipment in his judgment will not jeopardize fire protection in the Borough of Newfield.
It is hereby made the special duty of the Chief of Police, and/or
other police officers who may be on duty and available for fire duty,
to respond to all fire alarms and assist the NFC in the protection
of life and property in regulating traffic, and maintain order.
For good cause, Council may reprimand, suspend, or remove from
office the Fire Chief or any officer or officers of the NFC.
[Adopted 4-16-2015 by Ord. No. 2015-5]
The Fire Department of the Borough of Newfield shall be known
as the "Newfield Fire Department," hereinafter known as the "Department."
This is a new Borough Fire Department, separate and apart from the
entity known as "Newfield Fire Company."
The Borough Council shall appoint, at its discretion, an Advisory
Board to the Department, which shall consist of five adult individuals
as chosen by the Borough Council at reorganization or on such other
meeting date as set by the Mayor and Council. The initial five members
of the Board will have staggered appointments. One member shall have
a one-year appointment; two members shall have a two-year appointment;
and two members shall have three-year appointments. After the initial
term, all appointments shall thereafter be three-year terms. The Public
Safety Chair is the liaison representing the governing body.
A.
Fire. The Department shall have the goal of preventing the outbreak
of fires or the suppression of fires that may occur in the Borough
and to limit the danger to persons and the damage to property caused
by those fires that do occur.
B.
Rescue and emergency services. The Department will seek to perform
rescue work and provide emergency services to aid persons and to prevent
damage or injury to property.
C.
Hazardous materials. The Department will seek to limit risks and
safely manage hazardous material emergencies in the Borough, subject
to the restrictions and requirements of law.
D.
Disasters. The Department will assist in and cooperate with the Emergency
Management Coordinator in anticipation of large-scale emergencies
which may occur in the Borough.
E.
Other. The Department will aid in emergencies when called upon in
the Borough.
A.
The Department shall elect a qualified firefighter to hold the position
of Fire Chief. The Chief shall appoint such Assistant Chiefs, Captains,
Lieutenants, and other line officers. All officers, including the
Chief, shall be approved by the Borough governing body as provided
by law. The election of Fire Chief shall be held at the November meeting
of the Department, with the terms of said officers to commence on
January 1 next following their election. Every member in good standing
of the Department shall be eligible to vote for the Office of Fire
Chief.
B.
In order to be appropriately qualified to hold the position of Fire
Chief, in addition to being otherwise appropriately qualified to hold
the position, a Fire Chief shall be disqualified if he/she has ever
been removed for cause as an officer or member of any fire department,
whether volunteer or paid.
C.
The Fire Chief shall, before entering upon his/her duties, qualify
by taking and subscribing an oath that he/she will justly, impartially
and faithfully discharge the duties of his/her office according to
the best of his/her ability and understanding. Said oath shall be
administered by the Borough Clerk and subscribed to in duplicate.
The original copy of said oath shall be filed with the Borough Clerk
and a copy thereof filed with the Secretary of the Department.
Membership in the Department shall be open to all persons who
are able to perform the duties of the Department, without discrimination
on the basis of an applicant's race, creed, color, sex, age,
national origin, ancestry, marital status or physical handicap.
A.
Application shall be upon forms furnished by the New Jersey State
Firemen's Association and on file with the Clerk of the Borough
of Newfield. The form may be filed either in person with the Department
Secretary or by mail to the Department.
B.
The Secretary shall number, date and time the application and notify
the applicant of receipt of the same by mail. The Secretary will give
the application to the Advisory Board to the Department within three
days of receipt.
C.
Minimum requirements shall include:
(1)
Be at least 18 years old.
(2)
Passing a physical examination given by a registered medical doctor,
as specified by the New Jersey State Firemen's Association.
(3)
Shall not have been previously removed as a member or officer of
any fire department for cause.
(4)
Being approved as a member by the Borough Council of Newfield Borough.
D.
Such member shall, before entering upon his/her duties, qualify by
taking and subscribing an oath that he/she will justly, impartially
and faithfully discharge his/her duties according to the best of his/her
ability and understanding. Said oath shall be administered by the
Borough Clerk and subscribed to in duplicate. The original copy of
said oath shall be filed with the Borough Clerk and a copy thereof
filed with the Secretary of the Department.
One year after the initial establishment of the Department and
enrollment its initial members, all new members of the Department
shall be placed on a probationary period of time not to exceed one
year from the date of membership. At any time during the probationary
period, the line officers may evaluate each probationary member and
determine if the member will be elevated to full active member status.
If the probationary member is not admitted to the active membership
of the Department, the line officers will notify the person, in writing,
of the rejection, giving particular reasons thereof. No vote of the
membership shall be conducted on this issue. Any probationary member
can be removed with or without cause during the probationary period.
(Reserved)
Every member of the Fire Department shall, in each year, perform
all required duties as a firefighter as provided by law as to attendance
at the calls and training.
The records as to attendance at fires and drills shall be kept
by the Chief of the Fire Department, who shall annually file with
the Borough Clerk a duly verified list and report under oath of all
active members of the Department not holding exempt firefighter certificates,
which shall set forth the name and residence of all such firemen,
whether a citizen of the United States, whether of good moral character,
the date of becoming a firefighter, age at that time and percentage
of fire duty performed during that year by each such firefighter.
Any Department member who holds a Borough-issued exempt certificate
or a qualifying certificate issued by the New Jersey State Firemen's
Association shall be entitled to be an exempt member of the Newfield
Borough Fire Department. Exempt members shall have all of the rights
and privileges of active members.
The Department membership, by a two-thirds vote, may grant honorary membership to any member of the Department who is an exempt member and who holds a qualifying certificate or who has been a member of the Department for 20 years or more. Honorary members shall not be required to comply with the provisions of § 25-21 of this article.
The Department membership, by a two-thirds vote, may grant an
associate membership to any person who has performed outstanding service
or provided an unusual contribution to the Department. Any active
member shall have the right to nominate a person to be an associate
member.
Any member who shall not comply with the provisions of § 25-21 of this article for two consecutive years shall become an inactive member. An inactive member may not hold office, vote or have any say in the business of the Department. An inactive member may be reinstated to active membership in accordance with the provisions set forth in the constitution and bylaws of the Department.
A.
Every member of the Fire Department shall be entitled to receive
an exempt firefighter certificate when, from the records of said Department
filed with the Borough Clerk, it appears that at the time said firefighter
was appointed, elected or confirmed as a firefighter by the Borough
Council of the Borough, he/she was a resident of the Borough, a citizen
of the United States and of good moral character.
B.
Such an exempt firefighter certificate shall be issued to any member
of the Fire Department of the Borough of Newfield who shall have performed
such fire duty as may now or hereafter be required therefor under
the statutes in such case made and provided. Such certificates shall
have the Borough Seal affixed thereto and shall be signed by the Chairman
of the Borough Council and the Chief of the Fire Department and be
attested by the Borough Clerk.
When an active member of the Department fails to attend to fire
duty as required by law within two consecutive calendar years, said
member may be transferred from active membership to such other membership
as the Department may determine, and a report of such transfer shall
be made by the Secretary, and a record of the date on which his/her
active membership terminates shall be made and entered upon the Borough
Clerk's roll.
The constitution, bylaws and other rules and regulations of
the Newfield Fire Department shall be submitted to the Borough Council.
Any amendments thereto shall be provided to Borough Council within
10 days after becoming effective. The procedure for electing the Chief
of the Department shall be included in the Department's by\laws.
The Borough of Newfield shall retain ownership and control over
quarters and equipment entrusted to the Newfield Fire Department.
The Borough of Newfield shall retain title to all equipment
purchased with funds supplied by Borough Council for the purpose of
purchasing such equipment. However, nothing shall preclude the Newfield
Fire Department from purchasing its own fire equipment or other personal
property and retaining title thereof; provided, however, that if the
Borough shall have the financial responsibility toward the purchase,
operation, insurance or maintenance of such items, prior formal approval
of Borough Council for such purchase shall be required.
A.
Chief.
(1)
Supervision. The Chief of the Department shall have general supervision
of the Department at all times, including but not limited to when
the Department is actually engaged at an alarm, when the Department
is at a drill and at such other times when the Department is assembled.
The Chief shall, in all cases of an alarm, take prompt and efficient
measures and use the means of the Department to control the scene,
and he/she shall have full power and absolute control and command
over all apparatus and members of the Department and all fire, rescue
and/or ambulance departments aiding or assisting the Department. In
the absence of the Chief, the command shall devolve as per the constitution
and bylaws of the Department.
(2)
Records of attendance. The Chief of the Department shall keep the
records as to attendance at all alarms and drills for each member.
(3)
Training; records of training. The Chief or line officer designated
by him/her shall, at least once per month, conduct suitable drills,
instructions, or other training in the executing of firefighting duties.
The Chief of the Department shall keep training records of each member
of the Department.
(4)
Other laws. The Chief shall conform to all county, state and federal
statutes. The Chief shall be required to file National Fire Incident
Reports and provide to Borough Council confirmation that all such
reports are timely filed.
(5)
Records of alarm. The Chief of the Department shall devise forms
of keeping records and shall see that the records are kept of all
alarms of the Department which may happen within the Borough, with
all pertinent information as nearly as the same can be ascertained
on careful and diligent inquiry.
(6)
Reports of alarms. The Chief of the Department shall, during the
month of December in each year, report to the Borough Council upon
the alarms which have occurred in the Borough during the previous
year, giving a statement thereon which shall include such information
as his/her records shall contain, as the Borough Council shall require.
(7)
Reports of grounds, buildings, apparatus and equipment. The Chief
of the Department shall make monthly examinations or inspections of
the grounds, buildings, apparatus and other equipment, and he/she
shall annually and at such other times as the Borough Council shall
require, or when, in his judgment, the interests of the Department
demand, report to the Borough Council the condition of the Department
and all matters pertaining thereto as are of public interest, together
with such recommendations as she/he may deem necessary and proper.
Said annual report shall also include an inventory of apparatus and
equipment on hand, specifying their condition.
(8)
Rules and regulations. The Chief of the Department shall adopt and
enforce rules and regulations to govern the operation of the Newfield
Fire Department, such rules and regulations being subject to review
and approval by the Borough Council, and shall be responsible to the
Borough Council for the morale and general efficiency of the Newfield
Fire Department.
(9)
Monthly report. The Chief of the Department shall report monthly
to the Borough Public Safety Chairman the number and types of fires
during the month, the number and purpose of all other runs made, the
number of members and man-hours involved in responding to each fire
or other run, and the estimated loss involved in all building fires.
(10)
Annual report. The Chief of the Department shall make a complete annual report to the Borough Council, such report to include information as specified in Subsection A(9) of this section, together with comparative data for previous years and recommendations for improving the effectiveness of the Department.
(11)
Annual budget. The Chief of the Department shall transmit to
the Borough Council on or before November 30 of each year a proposed
annual budget.
(12)
Additional duties. The Chief of the Department shall perform
duties as described in this article and the constitution and bylaws
of the Department.
B.
Assistant Fire Chief.
(1)
Supervision. The Assistant Fire Chief of the Department is directly
responsible to the Chief of the Department and shall have general
supervision at all fire alarms, hazardous material emergencies and
fire drills in the absence of the Chief. In the absence of the Assistant
Fire Chief, the command shall devolve as per the constitution and
bylaws of the Department.
C.
Captain.
(1)
Supervision. The Captain of the Department shall be directly responsible
to the Chief of the Department and shall have general supervision
at all rescue alarms, ambulance alarms and rescue drills.
(2)
Additional duties. The Captain of the Department shall perform duties
as described in this article and the constitution and bylaws of the
Department.
D.
President.
(1)
Supervision. The President of the Department shall have general supervision
at all meetings and social events of the Department.
(2)
Budget reports. The President of the Department shall provide the
Chief of the Department with all budget reports.
(3)
Additional duties. The President of the Department shall perform
duties as described in this article, the constitution and bylaws of
the Department and the New Jersey State corporate laws.
A.
Any member or officer of the Department who shall refuse or neglect
to obey or execute any order from the officer in charge at any alarm;
or who shall violate or neglect or refuse to be controlled, governed
or managed by any of the rules and regulations established under this
article or any policies and procedures of the Department, or otherwise
engages in misconduct or violates the provisions of this article shall
be subject to disciplinary action. Disciplinary action may consist
of a letter of reprimand, suspension of privileges, suspension from
duties or expulsion from the Department.
B.
The Chief, Assistant Chief, President or the officer in charge shall have the power to suspend any subordinate member or officer of the Department for violation of any of the requirements set forth in Subsection A of this section. Such suspension shall continue for not more than 72 hours. Within the aforementioned 72 hours, the charging officer shall prepare and serve on the member or other officer a written complaint setting forth the charge or charges against such member or officer. A hearing on said charge or charges shall be convened within the aforementioned 72 hours, with the charge or charges to be adjudicated by the Chief, the Assistant Chief and the President or their designees. The charging party shall not be permitted to participate in the adjudication of the charge or charges.
C.
In the event that the Chief, the Assistant Chief and the President
or their designees determine that the charge or charges are truthful
and discipline the member or other officer, the disciplined member
or officer shall have the right of appeal from such decision. Such
appeal shall be filed, in writing, within 10 days of the date that
the decision is rendered by the officers. Notice of the decision of
the officers shall be provided to the Borough Clerk within 24 hours
of the date that such disciplinary action is imposed.
No fire apparatus used by the Department shall be used for any
private purpose nor let out for hire; nor shall any such apparatus
be used for any mere trial of skill or power except by permission
of the Borough Council. No fire apparatus shall leave the territorial
limits of the Borough without the consent of the Chief or Assistant
Chief. Notification of same will be made to the Public Safety Chair.
A.
In case of an alarm in a mutual aid municipality, the apparatus may
be taken to such other municipality for the purpose of bringing the
alarm under control.
B.
Should an alarm develop in Newfield Borough requiring the assistance
from one or more fire or rescue departments outside of the Borough,
the officer in charge is hereby vested with the power to call for
such assistance from a mutual aid municipality as he/she shall deem
necessary to aid in bringing the alarm under control.
Every person not a member of the Borough Fire Department who
shall be present at a fire shall be subject and obedient to the orders
of the Chief or his/her assistant or, in their absence, of any member
of the Fire Department acting under their direction in extinguishing
a fire, preserving order and removing and protecting property.
