Borough of Fort Lee, NJ Fire Department

An individual who is between the ages of 16 and 18 who is eligible for service in the Borough of Fort Lee Fire Department Junior Firefighter's Auxiliary as provided in § 55-23, herein.

REGULAR MEMBER

An individual who has satisfied the qualifications of eligibility for service in the Borough of Fort Lee Fire Department as provided in § 55-6 and who has been nominated and confirmed by the Borough Mayor and Council as provided in § 55-7, herein.

For the purposes of this chapter, the terms "member" or "members," without further qualification, shall apply collectively to the three aforementioned designations of individuals.

§ 55-2 Composition.

The Fire Department of the Borough of Fort Lee shall consist of Fort Lee Fire Company Nos. 1, 2, 3, and 4; the company officers and members thereof; a Fire Chief, a Deputy Chief, a Battalion Chief, the Fire Prevention Bureau and employees thereof; the Fire Records Clerk, and such other additional persons as may be required and approved by the Mayor and Council. The Fire Department shall be regularly organized in accordance with the provisions of this chapter.

The Fire Department shall have an Executive Board constituted to deal with certain enumerated matters pursuant to this chapter and the Fire Department bylaws, rules and regulations, which shall have been approved by the Mayor and Council by resolution. The Executive Board shall be comprised of seven Board members: the Fire Chief, Deputy Chief, Battalion Chief, and the Captains of each company.

§ 55-3 Procedure for formation of fire company; Borough Council consent required.

No fire company shall be formed in the Borough without the consent of the Borough Council and other than in accordance with the provisions of this chapter.

Not fewer than 15 persons who are duly qualified to become members of a fire company as provided in § 55-6 may apply to the Borough Council for permission to organize a fire company, and the Borough Council, after considering the matter, may, in its discretion, grant or refuse such application. If granted, the applicants may organize and form a fire company as requested, subject to the conditions and requirements of this chapter and after selecting such name as may be desired. The applicant company shall report its desired name and the names of its proposed members to the Borough Council. Upon approval and confirmation by the Council, the persons shall be constituted and known as a "fire company" and as members of the Fort Lee Fire Department.

§ 55-4 Composition of fire companies.

Each fire company shall consist of not fewer than 15 and not more than 40 regular members, not more than 15 auxiliary members, and such number of junior firefighters auxiliary members as determined at the discretion of the Fire Chief. Each fire company shall have a Captain, First Lieutenant and Second Lieutenant who shall be the company officers. The company officers shall be voted into office each year by the regular members of their respective companies, pursuant to this chapter and the Fire Department and fire company rules and bylaws.

§ 55-5 Rules and bylaws.

The Fort Lee Fire Department, as the whole of the individual fire companies, shall enact and adopt rules, regulations, operating procedures, and guidelines for its own governance not inconsistent with the laws of the State of New Jersey or the ordinances of the Borough.

Each fire company may enact rules for its own governance and adopt bylaws not inconsistent with the laws of the State of New Jersey, ordinances of the Borough and Fort Lee Fire Department rules, regulations, operating procedures and guidelines.

§ 55-6 Qualifications of applicants for regular membership.

All applicants for regular membership in the Fort Lee Fire Department shall be and shall continue to be citizens or permanent residents of the United States, shall reside within a municipality included in the East Bergen Firefighters Mutual Aid Association, be of good moral character, sound mind, body, and judgment, have a high school diploma or an equivalency certificate, be able to read, write and speak the English language fluently, and be at least 18 years of age at the time of admission to the Fort Lee Fire Department. All applicants shall have served as an auxiliary member or junior auxiliary member prior to becoming a regular member of the Fort Lee Fire Department. No applicant shall have been convicted of any crime involving dishonesty, moral turpitude, or other crime which would disqualify the applicant for public office, position or employment under N.J.S.A. 2C:51-2.

All applicants for regular membership shall be examined by a duly licensed physician in the State of New Jersey who shall certify, in an executed and dated writing, as to the applicant's good health. Said examination shall include satisfactory results of a chest x-ray.

Applications for regular membership in the Fort Lee Fire Department shall conform to all applicable federal and state laws, local ordinances and the rules and regulations of the Borough of Fort Lee Fire Department.

§ 55-7 Nomination for regular membership; investigations; balloting; Council consent.

Any person duly qualified as provided in § 55-6 may be nominated for regular membership in an organized fire company and in the Fire Department at a regular meeting of a fire company.

The name of any nominee shall be referred to an investigating committee which shall report thereon at the next or some subsequent meeting of the fire company.

After report by the investigating committee, the fire company shall consider and vote upon the nominee at a regular meeting thereof. If a majority of the regular members of the fire company present at the meeting vote in favor of the nominee, the vote shall be reported to the Borough Council.

If, after the report of a favorable vote, the Borough Council confirms the nominee, the nominee shall thereupon become a regular member of the fire company and of the Fire Department. No person may be a regular member of the Fort Lee Fire Department without simultaneously being a regular member of a fire company.

§ 55-8 Election of Fire Chief, Deputy Chief and Battalion Chief; procedure.

The Fire Chief, Deputy Chief and Battalion Chief shall be elected annually by the regular members of the Fire Department on the second Tuesday in September between the hours of 7:00 p.m. and 9:00 p.m. at such place as shall be designated by the Fire Chief in office. The Chiefs shall hold office from January 1 through December 31 of the following year.

Each fire company shall submit in writing to the Fire Chief the name of a regular member as nominee for each of the offices of Fire Chief, Deputy Chief, and Battalion Chief. The Fire Chief shall thereafter prepare a ballot with the names of the nominees submitted for each office and designate a place for written votes to be cast for each office.

Write-in votes for the offices of Fire Chief, Deputy Chief and Battalion Chief shall be permitted subject to the limitation that the nominee who is written-in must be from the same company as member casting the write-in vote.

Each fire company shall select two of its regular members to serve as tellers. The tellers shall select a clerk from among themselves to conduct the election of the Fire Chief, Deputy Chief and Battalion Chief. The nominee receiving the greatest number of votes for each of these offices shall be declared elected.

The incumbent Fire Chief shall send to the Borough Council the names of the regular members elected to the offices of Fire Chief, Deputy Chief and Battalion Chief. Upon confirmation by the Borough Council, these persons shall hold office as stated hereinabove.

If the Borough Council does not confirm the results of the election, or in case of a vacancy in office, the Borough Council shall either appoint interim Chiefs from among the regular members, or approve the holdover of the incumbent Chiefs. The Borough Council shall at any time order a special election which shall be conducted in the manner prescribed in this chapter.

The Fire Chief, Deputy Chief and Battalion Chief shall be ex officio members of all fire companies, but each Chief shall not be entitled to vote except as a regular member of the Fire Company to which the Chief belongs.

§ 55-9 Powers and duties of Fire Chief.

The Fire Chief or, in his absence, the Deputy Chief, or, in his absence, the Battalion Chief, shall:

Have sole and absolute command of Fire Department operations at the scene of all fires and/or emergencies to which the Fire Department is called, to the extent provided by law.

Arrange and place fire companies, fire engines and other fire apparatus at a fire and cause them to be used in such manner as will most quickly and effectively extinguish the fire.

Examine at least twice each year the condition of all fire engines, apparatus, engine houses and other property belonging to the Fire Department.

Report the condition of all property and any repairs or expenditures required in connection therewith to the Borough Council.

§ 55-10 Suspension or disbandment of fire company; notice and hearing.

The Borough Council, may, in its discretion, suspend or disband any fire company from service, but no such suspension or disbandment shall be made except upon notice to the fire company and an opportunity to be first heard before the Borough Council at a public meeting.

§ 55-11 Suspension or expulsion of Chiefs, officers or members; notice and hearing.

The Borough Council may suspend or expel the Fire Chief, Deputy Chief, Battalion Chief, any company officer or any member of the Fire Department for failure to serve for six successive months. Said Chiefs, officers and members may also be suspended or expelled for unbecoming or neglectful conduct or behavior in violation of any duty incumbent upon any such person, or upon the grounds stated in § 55-11C. No suspension or removal shall be made final except upon notice to the person and an opportunity to be first heard before the Borough Council at a public meeting.

The Fire Chief, Deputy Chief, Battalion Chief, any company officer or member may submit charges against any Chief, company officer, or member of the Fire Department for any of the actions set forth in Subsection C. Such charges shall be brought before the Fire Department Executive Board. If the charges are made against a member of the Board or if any Board member is unavailable for the hearing of the charges, the Fire Chief, or in his absence, the Deputy Chief, or in his absence, the Battalion Chief, shall appoint an alternate to sit on the Board. The Board may suspend any Chief, company officer or member for a period of up to one year or expel such Chief, company officer or member from the Fort Lee Fire Department. Such Chief, company officer or member shall have the right to request the Borough Council review the decision of the Executive Board. The Borough Council may affirm, reverse or modify the decision of the Executive Board.

Any company officer or member of the Department who shall refuse or voluntarily neglect to obey or execute any order from an officer in charge of an alarm or drill, or who shall violate, willfully neglect, or refuse to be governed by any of the provisions of this chapter or the rules and regulations of the Fort Lee Fire Department shall be subject to suspension, removal or expulsion from the Fire Department by the Executive Board, after a hearing provided by the Executive Board. Any one of the following, in addition to any other violation of this chapter or any rules, regulations or orders promulgated hereunder, shall be cause for suspension, removal or expulsion from the Fire Department, although suspensions, removals or expulsions may be made for sufficient causes other than those listed:

(1)

Neglect of duty.

(2)

Incompetence or inefficiency.

(3)

Incapacity due to mental or physical disability.

(4)

Insubordination or serious breach of discipline.

(5)

Intoxication or being under the influence of a controlled substance while at a fire call.

(6)

Chronic or excessive absenteeism.

(7)

Disorderly or immoral conduct.

(8)

Willful violation of any of the Fire Department rules and regulations.

(9)

Commission of any criminal act or offense involving dishonesty, moral turpitude, or other crime which would disqualify the applicant for public office, position or employment under N.J.S.A. 2C:51-2.

(10)

Negligence of or willful damage to public property or waste of public supplies or Fire Department property or Fire Department supplies.

(11)

Conduct unbecoming a member of the Fort Lee Fire Department.

(12)

Use or attempted use of the member's authority or official position to control or modify the political action of any person in the Fire Department, or engaging in any form of political activity while performing Fire Department duties, except that "political activity" shall not include actively supporting a candidate for an elected position in the Fort Lee Fire Department or the candidate's opponent.

A Chief or company officer may suspend, on an emergent basis and for good cause, any officer of junior rank or member of the Fire Department for any of the above actions pending the formal filing of charges and disposition of the matter by the Executive Board. Formal charges must be filed against the suspended member within three calendar days of the suspension.

The Fire Department Executive Board shall adhere to the following procedures and afford the following rights to an accused Fire Department auxiliary member or Fire Department junior auxiliary member, as the terms are defined in §§ 55-19 and 55-21:

(1)

Auxiliary member and junior auxiliary member disciplinary issues will be addressed in the first instance by company officers.

(2)

The accused auxiliary or junior auxiliary member shall have the right to know the charges against him/her. The charges shall be transmitted to the accused in writing.

(3)

The company officers shall designate a reasonable time in which the auxiliary member or junior auxiliary member may be heard. Notice of this hearing shall be transmitted to the accused in writing.

(4)

Pending the final disposition of the matter by the company, the auxiliary member or junior auxiliary member shall have the right of appeal to the Executive Board.

The Fire Department Executive Board shall adhere to the following procedures and afford the following rights to an accused Fire Department Chief, company officer or regular member:

(1)

The charges shall be transmitted in writing to the Chief, company officer or regular member and shall designate a reasonable time therein in which the Chief, company officer or regular member may respond to admit or deny same, in writing.

(2)

A hearing date shall be established for a hearing on the matter before the Fire Department Executive Board which shall be reasonably set to afford all parties concerned a fair and impartial presentation of the matter.

(3)

The allegations against the Chief, company officer or regular member shall be presented by the accusing party or by a representative provided by the Borough.

(4)

The matter shall be heard and decided by the Executive Board.

(5)

The accused Chief, company officer or regular member shall have the right to be represented by counsel or to appear in his or her own defense. The accused shall have the right to obtain copies of the investigation of the matter of which he or she is charged, and shall have the right to obtain copies of all statements and the names and addresses of witnesses who may testify against him or her. Other limited and reasonable discovery may be allowed, as fairness and necessity dictate. The accused shall have the right to cross-examine all witnesses, shall have the right to present oral and/or documentary evidence in his or her own defense and shall be afforded all other rights consistent with due process of law.

(6)

The hearing may or may not be transcribed at the discretion of the Executive Board, but the accused Chief, company officer or regular member may transcribe the hearing at his or her own expense. In the event that a party decides to have a transcript of the proceedings produced, the party shall supply the other party with a copy thereof within a reasonable time.

(7)

In the event that the hearing extends beyond one meeting, and a member of the Board is absent for a subsequent related hearing, that member of the Board may continue to sit as a member of the Board on the hearing only if the Board member reads the transcript of any of the hearings during which the Board member was absent, and so certifies in an executed and dated writing.

(8)

The charge shall be sustained only upon the affirmative vote of the full majority of the Board. In the event that the charge is sustained by the Board, a separate vote on punishment shall be made and shall be the judgment of the Board only upon the affirmative vote of the full majority of same. The accused Chief, company officer or regular member may present any relevant evidence or information to the Board in mitigation of punishment.

In hearings conducted hereunder by the Fire Department Executive Board, the decision shall be announced in writing upon the conclusion of the hearing or as soon as possible after the conclusion of the hearing.

A regular member who receives a firematic suspension from his or her fire company for violation of any of the fire company bylaws may request a review of such suspension from the Fire Department Executive Board in accordance with the procedures outlined above.

§ 55-12 Forfeiture of rights and privileges during suspension.

Any member suspended from the Fire Department shall, during such suspension, forfeit all rights and privileges associated with membership in the Fire Department, except insurance coverage where applicable.

§ 55-13 Maintenance of records.

The Fire Records Clerk shall keep a book of record of the Fire Department in which shall be entered the names of the Chiefs, fire companies, company officers and members thereof, and the ages, dates of confirmation, official commendations, resignations, suspensions and expulsions of such members.

§ 55-14 Response to fire alarms; removal of apparatus from fire.

Each fire company, on the sound of a fire alarm, shall proceed with due diligence to the fire or place where the fire alarm originated unless otherwise directed by the Fire Chief, Deputy Chief or Battalion Chief.

No fire company shall remove its apparatus from any fire except upon permission of the Fire Chief, Deputy Chief, Battalion Chief or other officers or acting officers, if any, in charge at such fire. Upon permission being granted, the fire company shall forthwith return its apparatus to its place of deposit in such manner as to abstain from any conduct likely to cause a breach of the peace, discredit or reflect poorly upon the Fire Department. All such fire apparatus, upon being returned to its place of deposit, shall be cleaned and made ready for immediate use.

§ 55-15 Life insurance.

The Borough shall provide a policy of life insurance in the amount of $25,000 for every active regular member, auxiliary member and junior auxiliary member of the Fire Department under the age of 65. Such policy of life insurance shall be reduced to $16,500 for an active member of the Fire Department upon reaching 65 years of age.

The Borough shall provide a policy of life insurance in the amount of $25,000 for every firefighter who has completed 25 years or more of active service as a regular member or auxiliary member of the Fire Department and thereafter requests to go on the inactive rolls. Coverage in this amount shall continue until 70 years of age. Thereafter, the Borough shall provide a policy of life insurance in the amount of $7,500 for such person.

The Borough shall provide a policy of life insurance in the amount of $25,000 for every regular member, auxiliary member and junior auxiliary member of the Fire Department who, as a result of injuries sustained in the course of service at a fire or other Borough service-related emergency, is unable to perform the duties of firefighter and is placed upon the inactive rolls; provided, however, that said disability is accepted by an executed and dated writing provided by a treating physician, and approved, in a second opinion evidenced by an executed and dated writing provided by a Borough Health Department physician.

The Fire Records Clerk shall keep a roll of such inactive regular members, auxiliary members and junior auxiliary members and their ages. The Clerk shall supply a certified copy of this record to the Insurance Committee each year.

§ 55-16 Death benefits.

Preamble. The Borough has a Volunteer Fire Department and previously, by Ordinance No. 1341, sought to assure that regular members of the Fire Department who were not eligible for benefits provided by the New Jersey State Firemen's Association were otherwise afforded coverage. Ordinance No. 1341 provided benefits for only certain classes of the members of the Fire Department regular members and may have excluded certain regular members from such benefits.

Eligibility. "Active member" of the Fire Department, for the purposes herein and for these purposes only, shall mean, with the exception of the seven years of service and entry age limitations set forth in N.J.S.A. 40A:14-55 et seq., any person who would otherwise meet the eligibility requirements for an exempt firemen's certificate.

Qualifications. In the event of the death of any active or formerly active regular member with at least seven years of qualified service who is not entitled to the death benefit of the New Jersey State Firemen's Association, that active or formerly active regular member shall be entitled to receive from the Borough an amount equal to the death benefit of the New Jersey State Firemen's Association.

Accrual. Benefits set forth herein shall accrue to those formerly active regular members with at least seven years of qualified service, and all active regular members of the Fire Department as of May 5, 1971, the original effective date of Ordinance No. 1341, and those persons who may become active regular members of the Fire Department subsequent to the effective date of this chapter who are not, or will not be, entitled to the death benefit of the New Jersey State Firemen's Association.

§ 55-17 Retirement bonus.

Preamble. The Mayor and Council of the Borough wish to provide qualified retired firefighters with a retirement bonus.

Qualifications for eligibility:

(1)

Must be a regular member in good standing with the Fort Lee Fire Department.

(2)

Retirement after a minimum of 25 years of Fort Lee Fire Department active service.

(3)

State certification as an exempt fireman that may be waived by majority vote of Borough Council.

Rate of retirement bonus. A yearly bonus rate of $1,000 per year shall be paid to qualifying retirees, to be fixed at the date of retirement. Each individual's yearly bonus, once fixed as of the date of retirement, shall not be thereafter increased, irrespective of any subsequent increase thereafter authorized by any subsequent ordinance. This bonus shall not be considered as a pension or retirement payment, and shall have no effect whatsoever on any other benefits, and, in the event that the firefighter is a Borough employee, the bonus paid herein shall have no effect on such employment or retirement benefits otherwise payable to employee.

Time of payout shall be at the same time the normal clothing allowance is paid to active Fire Department regular members.

Timing of claim for bonus by retirees. Each qualified retiree shall make a claim in writing to the Borough Administrator by submitting a claim voucher at least 30 days prior to the time of bonus for clothing allowance and no later than 30 days after the time of bonus for clothing allowance. No bonus shall be granted to any retiree unless a voucher claim in the amount allocated is received by the Borough Administrator, signed by the retiree, stating present address. Upon the death of the retiree, during the period of January 1 to December 31 of a given year, any bonus due a retiree shall be paid to his or her estate. Thereafter, all payments shall cease.

Availability of funds. Funding for this section shall be incorporated into the Fort Lee Fire Department allocation in the yearly municipal budget.

Effective date. This section shall take effect on March 22, 2001.

§ 55-18 Establishment of Fire Department Auxiliary.

There is hereby created and established in and for the Borough of Fort Lee a Fire Department Auxiliary, subject to the conditions of this chapter. This organization shall be known as the "Fort Lee Fire Department Auxiliary." Individuals who are part of this organization shall be known as "auxiliary members."

§ 55-19 Auxiliary members.

The Fort Lee Fire Department Auxiliary shall consist of no more than 60 auxiliary members, and no more than 15 auxiliary members per fire company.

§ 55-20 Qualifications for auxiliary membership; membership.

The qualifications for membership in the Fort Lee Fire Department Auxiliary shall be as follows:

(1)

All applicants for membership in the Fire Department Auxiliary shall be and shall continue to be citizens or permanent residents of the United States and shall either reside in a municipality included in the East Bergen Firefighters Mutual Aid Association or work within the Borough of Fort Lee. All applicants shall be of good moral character, sound mind, body, and judgment, have a high school diploma or an equivalency certificate, be able to read, write and speak the English language well and fluently, and be at least 18 years of age at the time of admission to the Fire Department Auxiliary. No applicant shall have been convicted of any crime involving dishonesty, moral turpitude, or other crime which would disqualify the applicant for public office, position or employment under N.J.S.A. 2C:51-2.

(2)

Each applicant shall be examined by a duly licensed physician in the State of New Jersey who shall certify, in an executed and dated writing, as to the applicant's good health. Said examination shall include satisfactory results of a chest x-ray.

(3)

Applications for auxiliary membership in the Fort Lee Fire Department shall conform to all applicable federal and state laws, local ordinances and the rules and regulations of the Fort Lee Fire Department.

An applicant must serve in the Fire Department Auxiliary for at least one year prior to submitting a formal application for regular membership in the Fort Lee Fire Department.

Insurance coverage. Members of the Fire Department Auxiliary shall be insured for the same coverage and in the same amounts as regular members of the Fort Lee Fire Department, including life insurance as provided in § 55-15.

The training of the members of the Fire Department Auxiliary shall be the responsibility of the Fire Department. The Fire Department shall provide auxiliary members an educational program in firematics, designed to train the auxiliary members for subsequent regular membership in the Fort Lee Fire Department.

Fire Department auxiliary members may assist at any Fire Department function, provided that a regular member of the Fire Department shall accompany the auxiliary member at all times. No auxiliary member shall directly approach a fire or enter a burning building without the accompaniment of a regular member of the Fire Department. While attending a fire, the auxiliary member shall be fully outfitted in regulation clothing and equipped with regulation gear provided by the Fire Department.

The Fire Department auxiliary member shall be under the command of the Chiefs of the Fire Department and the officers of the company to which the auxiliary member is assigned at all times. The auxiliary member shall abide by Fire Department and company rules and regulations pursuant to § 55-5 of this chapter at all times. The Chiefs of the Fire Department and officers of the company to which auxiliary members are assigned may dismiss any auxiliary member who fails to obey their commands or Fire Department rules and regulations.

An auxiliary member who is suspended or expelled from the Fire Department Auxiliary shall be entitled to the provisions of § 55-11 as applicable.

§ 55-21 Establishment of Junior Firefighters' Auxiliary.

There is hereby created and established in the Borough of Fort Lee a Junior Firefighters' Auxiliary, in accordance with the provisions of N.J.S.A. 40A:14-95, subject to the conditions of this chapter. This organization shall be known as the "Fort Lee Junior Firefighters' Auxiliary." Individuals who are part of this organization shall be known as "Junior Firefighters' Auxiliary members."

§ 55-22 Rules and regulations for Junior Firefighters' Auxiliary.

The Mayor and Council of the Borough of Fort Lee, upon the recommendation of the Fire Department Chief, has formulated rules and regulations which govern the activities of the Junior Firefighters' Auxiliary, and regulations regarding training of Junior Firefighters' Auxiliary members for eventual regular membership in the Fire Department of Fort Lee.

§ 55-23 Eligibility for membership in Junior Firefighters' Auxiliary.

In accordance with the provisions of N.J.S.A. 40A:14-95, no person shall be eligible for membership in the Junior Firefighters' Auxiliary who is less than 16 or more than 18 years of age. Persons between the ages of 16 and 18 shall obtain permission to join the Junior Firefighters' Auxiliary from their parent(s) or legal guardian(s), which permission shall be in writing and acknowledged or provided in the manner required by law for deeds to real estate to be recorded.

All applicants for membership in the Junior Firefighters' Auxiliary shall be citizens or permanent residents of the United States and shall reside within the Borough of Fort Lee, be of good moral character, sound mind, body, and judgment, write and speak the English language fluently, and not have been convicted of any crime involving dishonesty or moral turpitude.

All applicants for membership shall be examined by a duly licensed physician in the State of New Jersey who shall certify, in an executed and dated writing, as to the applicant's good health. Said examination shall include satisfactory results of a chest x-ray.

§ 55-24 Review of applications.

The Fire Chief of the Borough of Fort Lee shall have the authority and discretion to review all applications for admission into the Junior Firefighters' Auxiliary upon such rules and regulations as may be established by the Mayor and Council in conjunction with the Fire Department.

§ 55-25 Performance of duties.

No Junior Firefighters' Auxiliary member shall be required to perform duties which would expose him or her to the same type or degree of hazards as a regular member of the Fire Department.

§ 55-26 Insurance coverage.

Members of the Junior Firefighters' Auxiliary shall be insured for the same coverage and in the same amounts as regular members of the Fort Lee Fire Department, including life insurance as provided in § 55-15.

§ 55-27 Reimbursement program for regular members.

The reimbursement program is predicated upon the replacement, repair and/or cleaning of regular members' personnel garments and accessories, provided that these items are worn during Fire Department activity.

In order to encourage continued education and training, each regular member shall be eligible for reimbursement so long as the annual mandated classes have been completed during the first quarter of the year.

In order to receive reimbursement for personnel garments or accessories, any regular member not having 25 years of service at the time of reimbursement shall have a minimum response percentage of 20% in accordance with the stipend program for the period of January 1 through September 30.

§ 55-28 Stipend program.

A stipend program shall be established to encourage the active recruitment, retention and participation of regular members of the Fort Lee Fire Department.

The terms, conditions and governing rules applicable to the stipend program shall be established by a resolution adopted by the Mayor and Council of the Borough of Fort Lee and may be amended, in their sole discretion, by subsequent resolutions of the Mayor and Council.

§ 55-29 Fire Warden duty.

"Fire Warden duty" is defined as an on-duty temporary measure ordered by the Fire Chief, or in his absence, the Deputy Chief, or in his absence, the Battalion Chief, or in their absence, their designee or the senior officer present, intended to ensure the readiness and response of Fort Lee Fire Department firefighters, engines, engine houses, and apparatuses to protect life and property under special circumstances. Such special circumstances include, but are not limited to, severe weather events, heavy traffic, festivals, special details, events relating to fire safety and prevention, and those other circumstances deemed appropriate for Fire Warden duty by the Fire Chief.

Individuals who qualify to serve as Fire Wardens shall be active regular members of the Fire Department or auxiliary members of the Fire Department Auxiliary. Any qualified individuals serving as Fire Wardens shall report directly to the Fire Chief, or in his absence, the Deputy Chief, or in his absence, the Battalion Chief, or in their absence, their designee or the senior officer present. Persons serving as Fire Wardens shall be subject to all Borough ordinances, rules and regulations.

Fire Wardens shall be paid at a rate of $20.15 per hour, which rate may be, from time to time, amended in accordance with the Borough budget.

§ 55-30 Fire watch program.

A "fire watch" is defined as a Borough-ordered temporary measure intended to ensure continuous and systematic surveillance of and response to the Borough or a portion thereof, or a building or portion thereof, by one or more qualified individuals, for the purpose of identifying and controlling fire and other life/property hazards, detecting early signs of an unwanted fire, raising an alarm of fire to the occupants, notifying the Fire Department and engaging in firefighting or other emergency response.

A fire watch may be ordered by the Fire Official with the preapproval of the Borough Administrator or the Administrator's designee, except that in an emergency the Fire Official, or in the Official's absence, the ranking Fire Department officer present, may act on his or her own. A fire watch may be posted in any portion of the Borough and also in public and privately owned buildings and/or properties. As the Borough may direct, a fire watch shall be paid for by the Borough, or by a building owner, tenant, lessee, or organization under the following circumstances: required fire protection systems are out of service; a fire watch is directed by the Borough or is requested by the building owner, tenant, or lessee; public and private events where 100 people or more are in attendance; events where the posted occupancy load is exceeded with the approval of the Fire Official or the Official's assigned designee; all other situations deemed necessary by the Fire Official or the Official's assigned designee.

A fire watch may include: firefighting, rescue, recovery and other emergency responses; maintaining posted fire lanes, means of egress, and posted occupancy loads; enforcement of no smoking in posted areas; area and building surveillance; checking for proper permits; inspecting for proper safety precautions of cooking equipment; and such other functions as required by the Fire Official or the Official's assigned designee.

Fire watches may be performed by employees of the Borough of Fort Lee Fire Prevention Bureau, active regular members and auxiliary members of the Fire Department. Other qualified individuals may be utilized at the discretion of the Fire Official or the Official's assigned designee with prior approval of the Borough Administrator. Any qualified individuals used for the purposes of a fire watch shall report directly to the Fire Official or the Official's assigned designee, who will, in turn, report to and be subject to the direction of the Borough Administrator. Persons appointed to a fire watch shall be subject to all Borough ordinances, rules and regulations.

Payment for fire watch services.

(1)

Payment for fire watch services provided to the Borough. All fire watch services incurred by the Borough of Fort Lee directly shall be paid at the Fire Warden duty rate of $20.15 per hour, which rate may be, from time to time, amended in accordance with the Borough budget. Borough-incurred payments shall be made to individual firefighters directly by the Borough.

(2)

Payment for fire watch services provided to private persons or properties. All fire watch services ordered for the benefit and protection of private property shall be paid at the rate of $50 per hour per person, and there shall be a minimum payment of four hours per person plus an administration fee of 15% applied for the person and the vehicle used. Additionally, there will be a fee of $10 per hour for the use of a regular Borough motor vehicle and a fee of $25 per hour for the use of each Borough fire apparatus. All payments for this service to private persons/property shall be made within 10 days after service is provided. All such payments shall be made payable to the Borough of Fort Lee. The Borough shall pay the firefighters directly.

[Amended 2-16-2023 by Ord. No. 2023-2]

§ 55-31 Release work time to complete training.

[Added 12-17-2020 by Ord. No. 2020-12; amended 6-17-2021 by Ord. No. 2021-12]

At the sole discretion of the Borough Administrator, any Borough employee who is a regular member or auxiliary member of the Fort Lee Volunteer Fire Department and who is employed by the Borough as a full-time or part-time employee may request, through the Fire Chief, for a grant of paid release work time to complete required firefighter training course pursuant to N.J.A.C. 5:73-4.2.

The Borough Administrator shall exercise his or her discretion based upon his or her determination that the grant of paid release work time is consistent with the maintenance, efficiency, and continuity of official governmental operations. The Borough Administrator shall have the sole discretion to grant, deny, or reschedule the request for release work time with pay to complete Firefighter One, Firefighter Two, and any of the courses required to be a line officer or chief officer within the Fort Lee Fire Department. To ensure office coverage, approvals shall be limited to no more than four individuals per Borough Department per class.

Additionally, semi-independent agencies of the Borough of Fort Lee may adopt this provision or may participate in this paid work release time program insofar as their respective Board of Directors may allow. However, the actual grant of paid release work time to obtain training as Firefighter One, Firefighter Two, and any of the courses required to be a line officer or chief officer within the Fort Lee Fire Department shall also require the consent of the Fort Lee Borough Administrator.

In the event that any section, paragraph, subsection, clause or provision of this section shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section paragraph, subsection, clause or provision so adjudicated, and the remainder of the section shall be deemed valid and effective.