[Adopted by Ord. No. 78-22 (Ch. III of the
1973 Code)]
There is hereby authorized and established the
Andover Township Fire Department to be composed of one company, to
be known as the "Andover Township Volunteer Fire Department" and such
additional companies as the Township Committee may authorize and approve.
A.
Applications. Each person seeking to join the Fire
Department shall make application to the company or unit which he/she
desires to join, and upon election to membership by vote of a majority
of the unit present and voting, he/she shall become a member in good
standing of the Fire Department after approval of his/her membership
by the Chief and confirmation by the Township officers, and his/her
name shall be entered on a roll of firemen kept by the Township Clerk.
B.
Qualifications. No person shall hereafter become a
member of the Fire Department, or any unit thereof, unless over the
age of 18 and not over the age of 40, a citizen of the United States
of good moral character, a resident of the Township upwards of one
year. He/she shall be physically fit to perform the duties of a fireman
evidenced by a certificate to that effect by a practicing physician
of the State of New Jersey, after physical examination for that purpose.
C.
Duty requirements. Every member of the Fire Department
shall, in each and every year, perform at least 60% of duty to be
composed of actual attendance and duty at fires and drills, and a
record shall be kept of such attendance and duty by the Chief of the
Fire Department and reported to the municipal officers annually.
[Added 1-23-2012 by Ord. No. 2011-13]
A.
Andover Township and its designated public service agencies are authorized
to mitigate the effects of any hazardous material unlawfully released,
discharged, or deposited upon or into the property or facilities within
the Township. The following described persons shall be jointly and
severally liable to reimburse the Township for payment of all costs
incurred by the Township, its designated public service agencies,
mutual aid agencies and local contractors as a result of such mitigation
activity:
(1)
The person or persons whose negligent or willful act or omission
proximately caused such release, discharge or deposit;
(2)
The person or persons who owned or had custody or control of
the hazardous substance or waste at the time of such release, discharge
or deposit, without regard to fault or proximate cause;
(3)
The person or persons who owned or had custody or control of
the container which held such hazardous waste or substance at the
time or immediately prior to such release, discharge or deposit, without
regard to fault or proximate cause; or
(4)
The person or persons who owned or controlled the land on which
the hazardous material was deposited or from which the hazardous material
was released or discharged.
B.
Costs associated with minor, major and disaster emergencies.
(1)
Andover Township and its designated public service agencies
are authorized to recover all costs associated with minor, major and
disaster emergencies. The following described persons shall be jointly
and severally liable to the Township for payment of all costs incurred
by the Township, its designated public service agencies, mutual aid
agencies and local contractors as a result of such mitigation activity:
(a)
The person or persons whose negligence or willful act or omission
proximately caused such minor, major and/or disaster emergency.
(b)
The person or persons who owned or had custody or control of
the vehicle, machine, plane or other container at the time of or immediately
prior to such minor, major and/or disaster emergency.
(2)
The authority to recover costs under this section shall not
be misconstrued to include fire suppression services which are customarily
provided by the Fire Department to taxpayers unless such response
was necessitated by a willful act of arson or negligent act as detailed
above.
C.
For the purpose of this section, costs incurred shall include, but
may not necessarily be limited to, the following per incident: actual
labor costs of Township personnel including benefits and administrative
overhead, replacement of supplies, periodic and scheduled maintenance
on apparatus, fuel purchases, costs of equipment operation, cost of
contract labor and materials, cost of mutual aid labor and materials,
rehabilitation supplies, manpower and training expenses, repair and/or
replacement of protective gear and equipment and administrative fees
associated with billing services.
D.
The department head, or his/her designee, of the agency responding
to such outlined emergency shall establish reasonable fees and compile
costs associated with such response representing a recovery of expenses
for services performed for reimbursement to the Township and shall
be authorized to bill the responsible parties either directly, jointly,
or through a contracted billing company. The fee schedule shall be
authorized by the department head and be provided to the Andover Township
Clerk and placed on file in said office.
Exemption certificates may be issued to members
of the Fire Department who have served seven years in active duty,
under municipal control, as required by law of April 29, 1935, and
as amended May 26, 1936.
