A.
The Fire Department of the Township of East Hanover, County of Morris,
the State of New Jersey, is hereby created and established with jurisdictional
boundaries coextensive with the boundaries of the municipality. The
Fire Department of the Township of East Hanover, herein known as the
East Hanover Fire Department, shall include the East Hanover Volunteer
Fire Department, the Auxiliary Fire Company, and the Bureau of Fire
Prevention.
B.
The Volunteer Fire Department heretofore established in and for the
Township and known as "Company One" is hereby continued. The Fire
Department shall be under the control of the Township Mayor and Council
and shall be subject to the provisions of this chapter and to such
rules and regulations as the Mayor and Township Council, jointly with
the Fire Director of the Fire Department, shall deem necessary.
The headquarters of the said Fire Department shall be located
at such place or places as shall from time to time be designated by
the Mayor and Township Council jointly with the Fire Director of the
Fire Department.
A.
The Fire Department shall consist of a paid Fire Director, paid Fire
Chief and paid Assistant Chief, a volunteer squad, including Deputy
Chief (Grade 1), Deputy Chief (Grade 2), Captain (Grade 1), Captain
(Grade 2), Lieutenant (Grade 1), Lieutenant (Grade 2), Lieutenant
(Grade 3) and such other officers and members as the service may require
as determined from time to time by the Mayor and Township Council
jointly with the Fire Director of the Fire Department.
B.
Paid Fire Director, paid Fire Chief, and paid Assistant Chief.
(1)
The offices of paid Fire Director, paid Fire Chief, and paid Assistant
Chief of the Fire Department are hereby established in the Township
of East Hanover.
(2)
The Fire Director, Fire Chief, and Assistant Chief of the East Hanover
Fire Department shall be appointed by the Mayor with the advice and
consent of the Township Council and shall hold office and continue
in their employment at the will of the Mayor and Council and so long
as he/she possesses all applicable local, state and federal certifications
and are a resident in the Township and shall not be removed without
cause and without public hearing.
(3)
Powers and duties of paid Fire Director.
(a)
The Fire Director shall have jurisdiction and supervision over
all personnel comprising the East Hanover Volunteer Fire Department
and all apparatus and equipment used by said Department.
(b)
Fire Director shall supervise and direct, either personally
or through his/her assistants, the operations and activities of the
East Hanover Fire Department with respect to all functions of the
Department: department budget, training, community relations, fire
prevention, control and extinguishing of fire and emergency response.
(c)
Fire Director shall have supervision of the East Hanover Fire
Department headquarters and all buildings and grounds related thereto,
subject to the control of the Mayor, and shall not allow said quarters
to be used for any activities or in a manner not conducive to the
efficient and good order of the Department or which may result in
any damage to said quarters or the equipment therein.
(d)
Fire Director shall observe and direct that all fire apparatus
and equipment, including the fire alarm signaling devices, are kept
in good and proper working condition and shall report promptly to
the Mayor any failure or breakdown of any apparatus or equipment or
any damage thereto.
(e)
Fire Director may establish such rules, regulations, policies,
and procedures pertaining to the operations of the Department and
the conduct of its personnel and issue such orders to the members
of the Fire Department as may, in his/her judgment, be necessary or
requisite for the efficient operation of the Fire Department and which
are not in conflict with the provisions of any law or ordinance.
(f)
Fire Director shall consult with the Mayor with respect to any
matters pertaining to the Fire Department policy, personnel changes,
the purchase of equipment and supplies or other matters generally
related to the efficient operation of said Department or the failure
thereof.
(4)
Powers and duties of the paid Fire Chief/paid Assistant Chief.
(a)
The paid Fire Chief shall supervise and oversee all personnel
comprising the East Hanover Volunteer Fire Department, all apparatus
and equipment used by said Department at all fire and emergency scenes.
The Fire Chief shall have command and control for extinguishing of
fires. The Fire Chief shall have the authority to request or furnish
mutual aid in the event of conflagration or other serious emergencies.
(b)
Fire Chief shall supervise and oversee all personnel of the
East Hanover Volunteer Fire Department during emergency operations,
meetings, training, and drills, etc. Fire Chief shall conduct inspection
of the firefighting force, equipment, apparatus, and department building
and grounds from time to time.
(c)
Fire Chief shall enforce all Fire Department rules, regulations,
policies, procedures, training, and safety standards in maintaining
efficiency and discipline. Fire Chief shall maintain all personnel,
training, and equipment records.
(d)
Fire Chief shall report to the Fire Director and shall adhere
to and enforce the lines of authority and chain of command established
by the Fire Director. Fire Chief shall establish an office and on
duty schedule approved by the Fire Director, carry out all duties
and assignments delegated to him/her through the Fire Director of
the Fire Department.
(e)
The paid Assistant Chief shall assist the Fire Chief with all
assigned duties and responsibilities delegated to him/her, as well
as assume responsibilities of Fire Chief in his/her absence. Assistant
Chief shall serve as the Fire Department Safety Officer.
No person shall be eligible for the Office of Assistant Chief,
Deputy Chief, Captain, Lieutenant, who does not reside in the Township.
He/she must also have served as an active firefighter in the East
Hanover Volunteer Fire Department for at least three years. He/she
shall possess all applicable local, state, and federal certifications.
He/she must maintain a yearly percentage of 50% of meetings, drills,
cleanups, and alarms; nothing shall preclude the Fire Director from
appointing a qualified member.
A.
The paid Fire Director, paid Fire Chief and paid Assistant Chief of the Fire Department shall be appointed by the Mayor with the advice and consent of the Township Council as set forth in § 26-3B(2).
B.
Whenever any appointment of employment is hereafter made to the position
of paid Fire Director, he/she shall be a person who resides in the
Township of East Hanover, shall have not less than 15 years of experience
in the fire service, shall have performed fire suppression work as
a chief level fire officer for no less than five years, shall have
served as a chief level fire officer with budget preparation, grant
submittal and management experience, policy and procedure development
experience, risk assessment experience, and disciplinary/hearing officer
experience for not less than three years within a career, combination,
or volunteer fire department. Fire Director shall have served as Chief
of Department for not less than two years within a career combination,
or volunteer fire department and/or equivalent education, certifications,
and related experience in the public safety sector.
C.
Whenever a appointment of employment is hereafter made to the position
of paid Fire Chief, members of the East Hanover Volunteer Fire Department
shall receive priority consideration of said position, he/she shall
be a person who resides in the Township of East Hanover, who has served
as an active firefighter/Fire Officer for not less than eight years.
Additionally, he/she must have served in a position as a chief officer
for not less than four years before their appointment as Fire Chief,
they shall possess all applicable local, state, and federal certifications;
nothing shall preclude the mayor, upon the Fire Director's recommendation
from appointing a qualified person from the general population.
D.
Whenever any appointment of employment is hereafter made to the position
of paid Assistant Chief, he/she shall be a person who resides in the
Township of East Hanover, a member of the East Hanover Volunteer Fire
Department who shall have served as an active firefighter/officer
for not less than five years. Additionally, he/she must have served
as Deputy Chief and/or Captain for not fewer than two years prior
to his/her appointment as Assistant Chief.
E.
Deputy Chiefs, Captains, Lieutenants, and such other uniformed officers
as hereinafter may be created shall be appointed by the Fire Director
with the recommendation from the Fire Chief and Assistant Chief and
approved by the Mayor. Such officers shall hold office for three years
beginning the first day of January. Such offices shall be in possession
of all applicable local, state, and federal certifications.
The paid Fire Director, paid Fire Chief, and paid Assistant
Chief shall receive such compensation for his/her services as established
and prescribed by the salary ordinance.
A.
No person shall be approved as a member of the East Hanover Volunteer
Fire Department who is less than 19 or more than 55 years of age.
He/she must have served one year on the Auxiliary Fire Company and
must have been in good standing. He/she shall be a citizen of the
United States and a resident of the Township. Said person shall be
in good condition of physical fitness to perform the duties of a firefighter.
B.
Before any person is approved as a member of the East Hanover Volunteer
Fire Department, he/she shall present a certificate signed by a duly
licensed practicing physician of the State of New Jersey, which shall
certify as to his/her physical fitness, after undergoing a physical
examination for that purpose. In connection with such examination,
particular attention shall be given to the applicant's heart,
chest, throat, and tonsils.
C.
An applicant for membership in the East Hanover Volunteer Fire Department
shall also present a certificate signed by a practicing dental surgeon
of the State of New Jersey, certifying that he/she has made a careful
examination of the applicant's mouth, gums, and teeth and that
they are free from disease.
Persons seeking to join the East Hanover Volunteer Fire Department
shall make application to the East Hanover Auxiliary Fire Company.
The applicant shall become a member in good standing of said Auxiliary
Fire Company for one year. After one year as a member in good standing
of the Auxiliary Fire Company, he/she may apply for membership into
the East Hanover Volunteer Fire Department upon approval of his/her
application by the Fire Director with recommendations from the Fire
Chief and Assistant Chief and confirmation by the Mayor. Thereafter,
the applicant's name shall be entered upon the roll of firefighters
kept by the Township Clerk. Said member shall be afforded all rights
and privileges accorded an East Hanover Volunteer Firefighter.
Upon acceptance and enrollment of a member of the Fire Department,
he/she shall be given a badge of membership in his/her unit by the
Fire Director and Mayor, which he/she shall wear when on duty. Such
badge shall be surrendered up to the Fire Director upon demand of
the Fire Director or whenever the holder of the badge shall be under
charges for moral turpitude or neglect of duty or for any cause shall
cease to be an active firefighter.
At fires, alarms of fires, and other emergency incidents, the
Fire Chief shall have the sole and entire command over all members
of the East Hanover Volunteer Fire Department and apparatus and appurtenances
belonging to the same and shall direct what measures he/she may deem
proper for the extinguishment of fires. In the absence of the Fire
Chief at a fire or alarm of fire, the Assistant Chief or senior Deputy
Chief shall be in charge, and in his/her absence, the officer next
in rank shall be in charge.
A.
The Fire Director shall report to the Mayor such suggestions or recommendations
as he/she deems necessary for the good of the Department.
B.
The Fire Director shall report in each month to the Mayor and Township
Council any officers or members of the Department who may be delinquent
in the performance of the duties assigned to them, those absent from
fires or alarms and those who violate any of the rules or regulations
of the Department.
C.
The Fire Chief shall report to the Fire Director, who shall then report to the Mayor and Township Council violation of any of the rules and regulations of the Department. Failure of the Fire Chief to report such violations shall render him subject to censure, reprimand, or discharge from the Department, unless he/she shall show to the satisfaction of the Board of Inquiry described in § 26-17 that such failure was unavoidable.
The members of the East Hanover Volunteer Fire Department shall,
upon an alarm of fire from any section of the Township, proceed promptly
to fire headquarters and or fire station two to perform any duty that
may be required of them. They shall remain on duty until relieved
by orders which shall be given only by the officer in command.
Every firefighter of the Fire Department shall, in each year,
perform at least 50% of duty, said 50% being composed of answering
fire alarms, actual attendance and duty at fires and a maximum of
24 drills per year.
A.
It shall be the duty of the driver of the fire apparatus to operate
the same in answer to any fire alarm.
B.
The driver shall report a violation of any of the rules and regulations of the Department. Failure of the driver to report a violation of rules or regulations of the Department shall render him subject to censure, reprimand, or discharge from the Department, unless he/she shall show to the satisfaction of the Board of Inquiry described in § 26-17 that such failure was unavoidable.
Fire apparatus shall not be taken out of the Township unless:
A member of the Volunteer Fire Department shall be entitled
to receive an exempt fireman's certificate when, from the records
of the Fire Department filed with the Township Clerk, it appears that
said member possesses the qualifications provided by law to receive
an exempt fireman's certificate and has performed 60% of fire
duty in the Department, all as more particularly provided for by N.J.S.A.
40A:14-56.
A.
Filing and contents of notice. If any officer or member of the Fire
Department feels aggrieved by or dissatisfied with a ruling, order
or penalty given or imposed by any of the other officers or acting
officers, he/she shall give written notice, filed through the chain
of command to the Fire Director of the Fire Department, of the charges,
stating the name of the officer or acting officer against whom he
claims a grievance, the grounds of his/her alleged grievance and the
time, place and full circumstances with respect to same.
B.
Processing of charges and convening Board of inquiry. Upon receipt
of such notice, the Fire Director shall forward a copy of the notice
to the Township Administrator who, as presiding officer, shall call
together a Board of Inquiry consisting of himself/herself, the Mayor,
Fire Director, Fire Chief, Assistant Chief of the Fire Department,
and/or First or Second Deputy Chiefs as alternate member as needed.
C.
Function of Board of Inquiry. The Board of Inquiry shall afford the
aggrieved officer or member of the Department a full hearing of the
matter in controversy. It shall make such ruling in the matter as
shall best preserve the interests of the Department and its members.
D.
Notice of time and place of hearing. Two weeks' notice to the
aggrieved party shall be given by the Fire Director by mail sent to
the aggrieved party's last known address, setting forth the time
and place of hearing upon the grievance.
E.
Right to counsel. The aggrieved party and the Board of Inquiry shall
be entitled to select any person or member to represent them and act
as counsel at such hearing.
F.
Decision of Board of Inquiry. Decision of all matters in controversy
before the Board of Inquiry shall be by a majority vote of the members
of such Board and shall be final.
