[1982 Code § 2-4.1; Ord. No. 92-3]
The Frankford Township Volunteer Fire Department is hereby created and established with jurisdictional boundaries coextensive with the boundaries of the Township of Frankford.
[1982 Code § 2-4.2; Ord. No. 92-3]
The Frankford Township Volunteer Fire Department shall be composed of one or more companies as designated by the Frankford Township Volunteer Fire Department.
[1982 Code § 2-4.3; Ord. No. 92-3]
No person shall hereafter become a member of the Frankford Township Volunteer Fire Department or any unit thereof unless he or she is:
a. 
Physically fit to perform the duties of a firefighter evidenced by a certificate to that effect issued by a licensed physician authorized to practice medicine in the State of New Jersey and the physician having first completed a physical examination of the firefighter.
b. 
Meets the membership requirements set forth in the constitution and bylaws of the Frankford Township Volunteer Fire Department.
[1982 Code § 2-4.4; Ord. No. 92-3]
Every member of the Frankford Township Volunteer Fire Department shall in each and every year of service perform at least 60% of duty for State qualification 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 Frankford Township Fire Department or his designee and reported to the Township Committee annually.
[1982 Code § 2-4.5; Ord. No. 92-3]
Every member of the Frankford Township Volunteer Fire Department shall be entitled to an Exempt Firefighter's Certificate when it appears that at the time of his or her appointment he or she met the requirement of N.J.S.A. 40A:14-56 and that he or she performed during a period of seven years 60% of fire duty each year respectively.
[1982 Code § 2-4.6; Ord. No. 92-3]
Every person seeking to join the Frankford Township Volunteer Fire Department shall make application to the Frankford Township Volunteer Fire Department and, upon his or her election to membership in accordance with the constitution and bylaws of the Frankford Township Volunteer Fire Department, he or she shall become a member in good standing of the Frankford Township Volunteer Fire Department. The election of members of the Frankford Township Volunteer Fire Department shall be immediately reported to the Frankford Township Clerk who shall keep an accurate and up-to-date record of all members of the Department. The Chief of the Frankford Township Volunteer Fire Department shall annually verify that the Clerk's list of membership of Frankford Township Volunteer Fire Department is accurate. The members of the Frankford Township Volunteer Fire Department shall be deemed to be exercising a governmental function. This section shall be deemed to constitute a contract as required by N.J.S.A. 40A:14-68.
[1982 Code § 2-4.7; Ord. No. 92-3]
The Frankford Township Volunteer Fire Department shall elect a Chief and other Department officers in accordance with the constitution and bylaws of the Frankford Township Volunteer Fire Department.
[1982 Code § 2-4.8; Ord. No. 92-3]
The Chief of the Department shall be in command of the Department and fires and fire-related incidents within the Township. The Chief shall be responsible for all decisions involving the use of fire apparatus. The Chief shall be responsible for the actions and directions of the Department when officially summoned for duty and for other matters pertaining to the overall efficiency of fire fighting. The Chief shall render an annual report to the Township Committee covering such firematic activities as fires and drills, etc. but may delegate a subordinate to keep such records.
[Added 6-28-2022 by Ord. No. 2022-008[1]]
a. 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
COSTS
All costs incurred by the Frankford Township Volunteer Fire Department, including but not limited to the following: actual labor costs of personnel, including workers' compensation benefits, fringe benefits and administrative overhead; cost of equipment operation and depreciation; cost of materials; administrative and billing costs; and the cost of any outside contract for labor and materials.
DEPARTMENT
The Frankford Township Volunteer Fire Department.
DISCHARGE
Any intentional or unintentional action or omission resulting in the releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of any hazardous substance into the water, onto the land, or into the air.
HAZARDOUS SUBSTANCE
Any and all elements and compounds, including petroleum products, which are defined as such by the New Jersey Department of Environmental Protection or as are defined in the NFPA Guide of Hazardous Materials, or as are set forth in the list of hazardous substances adopted by the Federal Environmental Protection Agency, or as are defined on the list of toxic pollutants designated by Congress or the Environmental Protection Agency.
INCIDENT
All emergencies requiring the call out of the Department, including, but not limited to, motor vehicle accidents, structure fires, alarm responses, and rescues.
MATERIALS
All materials, including but not limited to firefighting foam, chemical extinguishing agents, absorbent material, sand recovery drums, and specialized protective equipment, such as acid suits, acid gloves, goggles and protective clothing.
PERSON
Any public or private corporation, company, association, society, firm, partnership, joint-stock company, individual, or other entity.
PETROLEUM PRODUCT
Oil or petroleum of any kind and in any form, including but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil refuse, oil mixed with other wastes, crude oils and substantives or additives utilized in the refining or blending of crude, petroleum or petroleum stock.
b. 
Authorization to recover costs and expenses. The governing body of the Township of Frankford authorizes the Department to recover all costs and materials as defined herein expended by the Department in response to any incident as defined in this subsection.
c. 
Schedule of fees and costs. A schedule of fees and costs to be charged and invoiced by the Department to any person or its insurance carrier for whom or for whose property such services were rendered and/or materials provided shall be promulgated by the Department, approved by resolution of the governing body, and available for distribution to any person for which reimbursement is sought.
d. 
Persons responsible for reimbursement to department. Reimbursement to the Department as hereinbefore indicated shall be made by:
1. 
The persons that own or operate any vehicle responsible for hazardous material fire, discharge of hazardous material, or any other condition resulting from any accident or incident requiring the call out of the Department and its expenditure of costs;
2. 
Any persons who own real or personal property responsible for hazardous material fire, discharge of hazardous material, or any other condition resulting from any accident or incident requiring the call out of the Department and its expenditure of costs;
3. 
The persons that own or are responsible for any vessel containing the hazardous material involved in such fire or discharge, whether stationary or in transit, and whether accidental or negligent;
4. 
The owner or person(s) responsible for any property from which any discharge of hazardous material emanates, whether accidental or through negligence; and
5. 
The person(s) responsible for any incident as defined herein that requires the call out of the Department and the Department's incurring of costs.
e. 
Third-party billing agent. The Department is hereby authorized to bill and collect costs due to it under this subsection through a third-party billing agent, provided that any such agreement with any professional agency engaged in the business of emergency response billing shall be subject to the approval of the Town Council.
f. 
Collection of costs. Said costs and fees as outlined above and as set forth on the schedule of fees and costs herein shall be recovered directly by the Department, or through a third-party professional agency engaged in the business of emergency response billing under a contract with the Department, by billing to the responsible party.
g. 
Interest and administration fees. In addition to the aforementioned fees and costs, the Department is hereby authorized to collect reasonable interest and administration fees for the collection of the fees and costs due and owing from the insurance companies or responsible parties for the services rendered and/or materials provided.
h. 
Report to Township Committee. The Department shall provide not less than annually a report to the Township Committee detailing all billing and receipts under this subsection.
i. 
Time limit for reimbursement. Any person(s) responsible for any vehicle fire, discharge of hazardous materials, structure fire, or other incident as defined in this subsection shall reimburse the Department pursuant to the schedule of fees hereunder or provide proof that it has submitted a claim to its insurance carrier for payment within 45 days after receipt of a statement from the Department outlining said costs and expenses. These provisions shall be subject to the following:
1. 
Persons receiving services from the Department shall cooperate with the Department or other billing personnel hired by the Department to secure full payment for services rendered from any necessary insurance carrier.
2. 
Due to anticipated time requirements for the preparation and processing of insurance claims, parties that have provided proof of a claim to their insurance carrier shall not be charged interest or be subject to penalties hereunder.
3. 
Responsible persons under this subsection shall ensure that the Department is authorized to receive any payments from an insurance carrier as required by this subsection.
4. 
The Department reserves the right to determine that a bill is uncollectible by reason of unavailability of insurance coverage and be written off.
[1]
Editor's Note: This ordinance repealed former subsection 2-18.9, Billing for Fire Protection and Related Services, adopted by Ord. No. 2012-01.