[Adopted 12-17-1990 as Secs. 3-16 through 3-27 of the 1990
Code; amended in its entirety 12-19-2011 by Ord. No. 24-2011]
This article shall be entitled "Regulations
to Maintain, Regulate and Control a Department to be Hereafter Known
and Referred to as the Town of Boonton Fire Department, the Duty of
Which shall be the Control and Prevention of Fire and the Protection
of Life and Property Within the Town of Boonton."
A.
B.
Chief.
(1)
Qualifications. To be eligible for the office of Chief, the candidate must hold the office of Chief or of Deputy Chief at the time the election is held. In the event that there is a vacancy in the office of Chief or Deputy Chief which has not been filled as set forth in § 27-19B, then the candidate must hold the office of Battalion Chief at the time the election is held. In the event that there is a vacancy in both the offices of Deputy Chief and Battalion Chief which has not been filled as set forth, then any member who meets the qualifications hereinafter set forth for Battalion Chief shall be eligible for the position of Chief. A candidate must possess all current certifications required by the New Jersey Division of Fire Safety to hold this office.
(2)
Duties. The Chief is to be under the direction of the Fire Committee
of the Board of Aldermen. He shall have the following duties:
(a)
Alarms.
[1]
The Chief shall in all cases of fire threatening damage or destruction
of property within the Town take prompt and efficient measures and
use the means of the Department to extinguish the same, and shall
at such and on occasion of alarm of fire have sole and absolute control
and command over all fire apparatus, fire equipment, and members of
the Fire Department, and over all other fire apparatus, fire equipment
and persons aiding or assisting the Fire Department in cases of actual
fire. The Chief of the Fire Department shall have upon his request
in cases of actual fire or emergency situation, the use of any equipment
or vehicles owned by the Town, and the assistance of any Town employee
necessary to operate such equipment or vehicles. The Chief may also,
in cases of actual fire or emergency situation, employ the services
of any person or equipment he deems necessary for the extinguishment
of a fire and restoring the building or area to a safe condition.
[2]
The Chief of the Fire Department shall have, upon his request
in cases of actual fire, the use of any equipment or vehicles owned
by the Town, and the assistance of any Town employee necessary to
operate such equipment or vehicles. The Chief may also, in cases of
actual fire, employ the services of any person or equipment he deems
necessary for the extinguishment of a fire and restoring the building
or area to a safe condition.
(b)
General orders. The Chief of the Fire Department may issue such
general orders as he deems necessary. The Chief shall post signed
copies of each and every general order he issues in a prominent place
in each firehouse within 48 hours of the date of the general order.
Such posting shall constitute notice to each member of the companies
housed in each firehouse where the general order is posted. Upon assuming
office, the Chief shall post in each firehouse a list of all officers
confirmed by the Mayor and Board of Aldermen each year. The Chief
shall also issue general orders, when necessary, to assure the Fire
Department is in compliance with new or existing federal and state
laws dealing with the operation of a municipal fire department.
(c)
Uniforms to be worn by Chiefs on duty. The members of the Board
of Chiefs, when on duty, shall be distinguished as follows: they shall
wear white coats and helmets with words "Boonton" and "Chief" emblazoned
thereon.
(d)
Board of Chiefs: monthly meetings. The Chief shall schedule
a meeting of the Board of Chiefs during the last week of each month
on a day to be specified at the beginning of each year; at which time
complaints or suggestions for the betterment of the Town of Boonton
Fire Department may be received.
(e)
Chief to attend all meetings of the Board of Aldermen. The Chief
shall attend all regularly scheduled meetings of the Board of Aldermen
or arrange for another member of the Board of Chiefs to attend.
(f)
Records of the Fire Department. The Chief shall cause the following
records to be kept in suitable books, provided by the Town for that
purpose. (At the end of each month, he shall make out and present
to the Board of Aldermen at the first regular meeting thereafter a
report showing the number of alarms of fire, the amount of loss by
fire, and the amount of insurance thereon as near as can be ascertained,
and also the condition of the hydrants, the firehouses, fire engines
and other fire equipment with such particulars in relation thereto,
and such recommendations as he may deem necessary and proper.)
[1]
Names of officers and membership. He shall cause to be kept
an accurate record of the names of officers and members of the Department,
and all appointments, transfers, resignations and removals of firemen,
as the same shall take place; such record shall exhibit the names
of the firemen belonging to each company, the commencement of their
terms of service and such other particulars as may be necessary and
proper.
[2]
Fire alarms, fires, causes and damage done. The Chief shall
keep a record of all alarms of fire and all fires which may happen
within the Town, and with the cause thereof, whenever the same can
be ascertained, and the description of the building or buildings damaged
or destroyed, the names of the owner or occupants, the amount of loss
in each case, and also the amount of insurance, as near as the same
can be ascertained on careful and diligent inquiry. He shall also
keep a record of all violations of the Town ordinances relating to
the Fire Department.
[3]
Condition of firehouses and apparatus. The Chief shall examine
at least once each month the firehouses and fire apparatus, and shall
keep a record of the date of such examination, and in what condition
the firehouses and apparatus were respectively found by him.
[4]
Records of drills and practices. He shall cause to be kept a
record of all drills and practices scheduled by the Board of Chiefs,
and also those scheduled by the Captains of the individual companies,
and shall include the attendance records of all members.
[5]
Records of tests for Captains, Lieutenants, drivers and probationary
firemen. A record shall be kept of all tests given and the results
thereof, on tests given for the office of Captain, Lieutenant, Chief
Driver and probationary firemen. When a member passes a test for any
of these positions, the name and date shall be forwarded to the members'
assigned company.
[6]
Training of officers and men. The Chief shall schedule and supervise
at least one general practice involving all of the members and apparatus
of the Department each year. Such drills shall be held only after
reasonable notice to company officers so they may notify their company
members. No unannounced drills may be held by any officer involving
the use of the fire sirens.
[7]
Compose prescribed tests. The Chief shall, with assistance of
such qualified members as he shall appoint, prepare the prescribed
test for the offices of Captain and Lieutenant, at (least) any time
within six months prior to the date of election for these positions,
and shall, with the assistance of the Deputy and Battalion Chiefs,
administer these tests when necessary. The Chief shall, in the same
manner, compose the test for probationary firemen and Chief Driver
by March 1 of each year. The Chief shall in general order describe
the manner in which all tests shall be given, and the subjects to
be covered.
[8]
Maintenance and requisitions of equipment.
[a]
It shall be the duty of the Chief to cause the firehouses, apparatus
and other equipment assigned to the Fire Department to be properly
maintained and in a condition of readiness at all times. He shall,
when he deems necessary, authorize the securing of maintenance on
an apparatus, firehouse, or item of equipment, to restore same to
its proper operating condition.
[b]
Upon request, and when it deems necessary, and upon a majority
vote, the Board of Chiefs shall request the purchase of new apparatus
or equipment, or any extensive repair or replacement of a firehouse,
according to the procedures of the Town ordinance, from the Mayor
and Board of Aldermen.
[c]
The above-detailed authority invested in the office of Chief
of the Fire Department shall also apply to any emergency for which
he is requested to use the means of the Department to overcome.
C.
Deputy Chief.
(1)
Qualifications. To be eligible for the office of Deputy Chief, the candidate must hold the office of Deputy Chief or of Battalion Chief at the time the election is held. In the event that there is a vacancy in the office of Battalion Chief which has not been filled as set forth in § 27-19B, then any member who meets the qualifications hereinafter set forth for Battalion Chief shall be eligible for the position of Deputy Chief. A candidate must possess all current certifications required by the New Jersey Division of Fire Safety to hold this office.
(2)
Duties.
(a)
Alarms. The Deputy Chief shall, in the absence of the Chief, at an alarm of fire or other emergency for which the Fire Department has been called upon to overcome, assume all of the duties as described under § 27-15B(2)(a). In all other cases of an alarm of fire, the Deputy Chief shall report to the Chief and carry out all orders given to him by the Chief. It shall also be the duty of the Deputy Chief to cause order to be observed by the members of the Department in going to, working at, or returning from fires, and at all other times when companies belonging to the Fire Department are on duty.
(b)
Records. The Deputy Chief shall keep the following records and
submit the necessary reports thereon when requested by the Chief.
(c)
Training. The Deputy Chief shall assist the Chief at any and
all drills scheduled by him.
D.
Battalion Chief.
(1)
Duties.
(a)
Qualifications: To be eligible for the office of Battalion Chief,
a member must be an active, exempt firefighter in good standing in
their assigned company and they must be from one of the two companies
not represented on the Board of Chiefs at the time of election. The
member must also have held the position of Captain or Lieutenant for
at least one full term prior to the date of confirmation. The member
must also pass the current qualification test for Captain. An incumbent
shall not be required to take the test prescribed above to run for
reelection to that office. A candidate must possess all current certifications
required by the New Jersey Division of Fire Safety to hold this office.
[Amended 9-13-2022 by Ord. No. 15-22]
(b)
Alarms. The Battalion Chief shall, in the absence of the Chief and Deputy Chief, at an alarm of fire or other emergency for which the Fire Department has been called upon to overcome, assume all of the duties as described under § 27-15B(2)(a). In all other cases of an alarm of fire, the Battalion Chief shall report to the Chief and carry out all orders given him by his superior officers. It shall also be the duty of the Battalion Chief to cause order to be observed by the members of the Department in going to, working at, or returning from fires and all other times when companies belonging to the Fire Department are on duty.
(c)
Training. The Battalion Chief shall assist the Chief at any
and all drills scheduled by him.
(2)
Candidates for election to the office of Battalion Chief: If, by
August of an election year, there is only one candidate from one of
the two companies eligible to run a member for the office of Battalion
Chief, qualified candidates from the third nonrepresented company
would be eligible to run for the office of Battalion Chief. A letter
of intent must be submitted to the Election Board by August 15 of
the election year.
[Amended 9-13-2022 by Ord. No. 15-22]
E.
Captain.
(1)
Qualifications. To be eligible for the office of Captain, a member
must be in good standing at the time of his nomination. He must also
have served at least four years from the date of his confirmation
by the Board of Aldermen, and he must possess the qualities of leadership
and the ability to direct and train men, and he must pass a basic
test on the apparatus and equipment thereon to which he is assigned,
as prescribed by the Board of Chiefs. This test may be oral, written
or demonstrative and may be taken at any time during a six-month period
prior to the date of election at a time designated by the Board of
Chiefs. A member holding this office shall not be required to take
the test prescribed above to rerun for reelection of that office.
The office of Captain shall be elected yearly. A candidate must possess
all current certifications required by the New Jersey Division of
Fire Safety to hold this office.
(2)
Duties.
(a)
It shall be the duty of a Captain to answer all alarms, report
to his assigned apparatus, and carry out the orders of his superior
officers, or assume command of the emergency in the absence of all
superior officers.
(b)
In the absence of all members of the Board of Chiefs, the first
arriving Captain shall assume command and notify all subordinates
and operators of apparatus.
(c)
A Captain shall direct personnel in proper duties and preparedness
at such alarms, in accordance with orders received from his superior
officers. At the termination of the emergency, the Captain shall supervise
the necessary maintenance to restore the apparatus to readiness and
dismiss the men under his command.
(d)
A Captain shall be required to schedule a minimum of six training
drills for the men under his command each year. He shall assume command,
with the assistance of the Lieutenant, at all drills scheduled by
him. It shall be mandatory that the Captain notify a member of the
Board of Chiefs prior to any drill scheduled by him for his company.
(e)
The Captain shall administer the prescribed test as set forth
by the Board of Chiefs for all probationary firemen under his command.
(f)
The Captain shall be responsible for the condition and replacement
of equipment on his assigned apparatus. He shall submit yearly an
inventory of equipment and requisition new equipment. He shall also
requisition maintenance on the apparatus or equipment thereon whenever
necessary. All requisitions shall be directed to the Chief of the
Fire Department.
(g)
When on duty, a Captain shall wear a black coat and black helmet
with a white shield. The words "Captain" and an identification of
his assigned company shall be emblazoned on the shield.
F.
Lieutenant.
(1)
Qualifications. To be eligible for the office of Lieutenant, a member
must be in good standing in his company at the time of his nomination.
He must also have served at least three years from the date of his
confirmation by the Board of Aldermen and he must possess the qualities
of leadership and the ability to direct and train men, and he must
pass a basic test on the apparatus and the equipment thereon to which
he is assigned, as prescribed by the Board of Chiefs. This test may
be oral, written or demonstrative and may be taken at any time during
a six-month period prior to the date of election at a time designated
by the Board of Chiefs. A member holding this office shall not be
required to take the test prescribed above to run for reelection for
that office. The office of Lieutenant shall be elected yearly. A candidate
must possess all current certifications required by the New Jersey
Division of Fire Safety to hold this office.
(2)
Duties.
(a)
It shall be the duty of a Lieutenant to answer all alarms, report
to his assigned apparatus, and carry out all orders of his superior
officers or assume command of the emergency in the absence of all
superior officers.
(b)
In the absence of all members of the Board of Chiefs, and all
Captains, the first arriving Lieutenant shall assume command and notify
all subordinates and operators of apparatus.
(c)
A Lieutenant shall direct personnel in proper duties and preparedness
at such alarms in accordance with orders received from his superior
officers. At the termination of the emergency, he shall assist the
Captain in supervising the necessary maintenance to restore the apparatus
to readiness.
(d)
A Lieutenant shall also assist the Captain in all training programs
and shall keep attendance records of fires and drills, and shall submit
a copy of same, when requested, to the Deputy Chief. He shall also
assist the Captain in all other duties pertaining to equipment and
men assigned to his company.
(e)
When on duty, a Lieutenant shall wear a black coat and black
helmet with a white shield. The words "Lieutenant" and an identification
of his assigned company shall be emblazoned on the shield.
G.
Leaving
the office of Captain or Lieutenant vacant.
[Added 10-2-2023 by Ord. No. 16-23]
(1)
The
five companies shall have the option of leaving one of the two company
officer positions vacant (Captain or Lieutenant) for up to a one-year
term. This option shall be addressed at the company annual elections.
(2)
The
vacant position may be filled by a company at any time during the
year if a fully qualified candidate is elected by the respective company.
(a)
The company secretary shall notify the Board of Chiefs, in writing,
within 14 days of a company's decision to leave a position vacant
or the decision to fill a vacant position.
A.
Chief Driver.
(1)
Qualifications.
(a)
To be eligible for the position of Chief Driver, a member must
be in good standing at the time of his nomination. He must also have
served at least two years from the date of his confirmation by the
Board of Aldermen. He must also be thoroughly familiar with any and
all operations of the apparatus and equipment thereon to which he
is assigned. He must also pass a prescribed test prepared by the Board
of Chiefs and given by the Captain and Lieutenant of his assigned
company. A member holding this office shall not be required to take
the test prescribed above to run for reelection of that office.
(b)
There shall be one Chief Driver for each apparatus. A member
may not hold the office of Chief, Deputy Chief, Battalion Chief, Captain
or Lieutenant during his term of office as Chief Driver.
(2)
Duties.
(a)
The Chief Driver shall be responsible for the proper care and
maintenance of the apparatus, and any and all equipment pertaining
to the apparatus to which he is assigned. He shall keep the apparatus
clean and ready to respond to all alarms. He shall adhere strictly
to the instruction manual, supplied by the manufacturer of the apparatus
in matters concerning the proper operation, care and maintenance of
said apparatus. When shop repairs are needed, the Chief Driver shall
inform the Captain in charge of his assigned company.
(b)
If any other driver takes the apparatus to an alarm of fire
or for any other purpose, upon his arrival the Chief Driver shall
assume operation of the apparatus.
B.
Assistant Chief Driver.
(1)
Qualifications.
(a)
To be eligible for the position of Assistant Chief Driver, a
member must be in good standing at the time of his/her nomination.
The member must also have served at least two years from the date
of his confirmation by the Board of Aldermen. The member must also
be thoroughly familiar with any and all operations of the apparatus
and equipment thereon to which the member is assigned. The member
must also pass a prescribed test prepared by the Board of Chiefs and
given by the Captain and Lieutenant of the member's assigned company.
A member holding this office shall not be required to take the test
prescribed above to run for reelection of that office.
(2)
Duties.
(a)
The Assistant Chief Driver shall assist the Chief Driver with
the care and maintenance of the apparatus, and any and all equipment
pertaining to the apparatus to which he is assigned.
(b)
If any other driver takes the apparatus to an alarm of fire
or for any other purpose, upon the member's arrival, in the absence
of the Chief Driver, the Assistant Chief Driver shall assume operation
of the apparatus.
C.
All drivers of Boonton Fire Department apparatus: To qualify as a
driver, the firefighter must pass a prescribed test as set forth by
the Captain and Lieutenant of the apparatus. The test can be written,
oral or demonstrative, and may be given by any qualified driver designated
by the Captain and Lieutenant. All drivers must have a valid New Jersey
Division of Motor Vehicles driver's license when operating or driving
any Boonton Fire Department apparatus.
A.
Requirements.
(1)
All new members shall serve a probationary period of one year. During
this probationary year, a firefighter must remain in good standing
with his company and the Department. The member must also successfully
complete an approved Firefighter I course at an approved fire academy.
The Board of Chiefs may extend this period of time to complete the
Firefighter I course due to extenuating circumstances such as the
new member being away at college, military leave, illness, or enrollment
delays at the fire academy. An extension of time will be granted on
a case-by-case basis with consultation with the members' company officers.
(2)
The Board of Chiefs shall decide whether a member has met the requirements
cited above to complete the firefighter's probationary period. Failure
to meet these requirements shall result in the recommendation by the
Board of Chiefs to the Board of Aldermen that the member be dropped
from the rolls of the Boonton Fire Department.
(3)
All nonexempt firefighters shall serve for a period of seven years.
During this period, they must attend a total of 25% of all Fire Department
alarms and scheduled activities. At the end of each year, the Board
of Chiefs shall decide if the nonexempt member has attained his percentage.
If it is determined by the Board of Chiefs that a member has not attempted
to maintain his quota, either by his absence, lack of interest, or
inability to act, the Chief shall recommend to the Town Council that
the member be dropped from the rolls of the Town of Boonton Fire Department.
[Amended 9-13-2022 by Ord. No. 15-22]
(4)
Any new member who joins the Department, who is or was recently an
active member of another fire department and has completed Firefighter
I, will still be required to complete a one-year probationary period
in the Boonton Fire Department. However, he/she will not be considered
a probationary firefighter for firefighter status. The firefighting
status of any new member with prior experience and Firefighter I certification
will be determined by the Board of Chiefs with input from his/her
company officers.
(5)
All new members will be subjected to a background check. This check
will include a criminal history check by the Boonton Police Department,
as well as any other check deemed necessary by the Town of Boonton
hiring policies. The information that is gathered by these checks
will be used by the Board of Inquiry to base its decision on a prospective
member's application to the Boonton Fire Department.
(6)
Any member of the Boonton Fire Department who is convicted of a crime
of moral turpitude may be subject to forfeiture of public office (N.J.S.A.
2C:51-2 et seq.). The Board of Chiefs, with guidance and consultation
with the Town of Boonton Attorney, will recommend to the Mayor and
Board of Alderman that any member found in violation of this article
be dropped from the rolls of the Boonton Fire Department.
B.
Duties.
(1)
A firefighter shall answer all alarms, and shall report to his assigned
apparatus or incident commander and carry out the orders given him
by his superior officers.
(2)
At the termination of the emergency, all firefighters shall report
to their apparatus or incident commander for final orders. Firefighters
must also attend all drills and practices scheduled for their assigned
companies.
A.
Secret ballot. All department and company elections shall be decided
by secret ballot.
B.
Election of Chiefs.
(1)
The Chief, Deputy Chief and Battalion Chief shall be elected by ballot,
annually, by the active and exempt members of the different fire companies
of the Boonton Fire Department; at an election to be held in one of
the firehouses as designated by the Board of Chiefs on the first Friday
in November of each year; the election to be held under the supervision
of the Fire Committee of the Town Council, which shall act as the
Board of Registry; and in the case of its refusal or inability to
act, the Chief of the Fire Department shall appoint one member from
each fire company to the Board of Registry and the Chief shall designate
the Chairperson. The polls shall be opened at 7:00 p.m. and close
at 9:00 p.m. on the date of the election. No member shall be allowed
to vote unless they are a confirmed member for six months prior to
the election and in good standing in their company. The Secretary
of each company shall submit to the Board of Registry Chairperson,
prior to the date of election, a list signed by the Secretary to attest
to the standing of each member of their company voting.
[Amended 9-13-2022 by Ord. No. 15-22]
(2)
Rescheduling and relocating election.
(c)
The Election Chairman and Election Board shall act independently
but under the advisement of the Board of Fire Chiefs to move the election
location within the Town of Boonton on the scheduled date. This shall
be done by posting the new location of the election at the originally
scheduled site prominently, clearly and stating the exact reason for
the change.
(d)
A notification will be made to all members, through the Department's
text messaging system, of the change of election location.
[Amended 9-13-2022 by Ord. No. 15-22]
(3)
(4)
The Election Board shall be appointed by the Board of Chiefs at its
first monthly meeting of the year. A list of members and the Chairperson
shall be posted on both firehouse bulletin boards on or before August
1 of the year of election. The Election Board shall also serve as
a Board of Registry when so informed by the Fire Committee. The Election
Board will investigate the qualifications of all candidates, rule
on their eligibility, notify each candidate and their companies of
its findings, and post a slate of eligible candidates in each firehouse,
no later than 60 days after receipt of their intent.
[Amended 9-13-2022 by Ord. No. 15-22]
(5)
Past Chiefs of the Boonton Fire Department are eligible to run again.
Past Chiefs must be off the Board of Chiefs for at least 18 months
to be eligible to run again.
[Amended 9-13-2022 by Ord. No. 15-22]
(6)
The ballot shall provide a yes or no choice following each candidate's
name, for the offices of Chief, Deputy Chief and Battalion Chief.
In order to be elected to an office, a candidate must receive a plurality
of the votes cast for that particular office. If only one candidate
is running for a particular office, of the total votes cast, he must
receive 40% yes votes to be elected. If the single candidate does
not receive 40% yes votes, the office shall be vacant and the remaining
elected officers shall advance to fill the next highest vacant office.
A new election shall be held within 20 days to fill the office or
offices remaining vacant.
(7)
In the event two or more candidates receive the same number of votes
for a particular office, a runoff election shall be held within 20
days. Only those candidates who have tied in the previous election
shall be eligible to be candidates in the runoff election. This procedure
shall be repeated as often as necessary to elect an officer.
(8)
The Election Board shall conduct a drawing to select the position
that candidates' names shall appear on the ballots. Any member of
the Boonton Fire Department may be present at this drawing.
C.
Report of election. The report of the election shall be made to the
Town Administrator/Clerk by the Chairman of the Election Board within
two working days thereafter. The candidate receiving the highest number
of votes for each position at the election shall be declared elected,
and the names submitted to the Board of Aldermen by the Town Administrator/Clerk
at its next meeting for (its) approval and confirmation, and shall
serve for one year, or until their successors are elected and confirmed.
D.
Election of Captain, Lieutenant and Chief Driver. Each of the five
companies, at their regularly scheduled meeting in October of each
year, shall elect a Captain, Lieutenant and a Chief Driver; and the
names of the members elected shall be submitted to the Board of Chiefs
for approval. Upon approval, these names shall be submitted to the
Board of Aldermen at its second regular meeting in December for confirmation;
and any vacancy which may occur during the year shall be filled in
a like manner by the company in which such vacancy shall occur.
[Amended 10-4-2021 by Ord. No. 28-21]
A.
General.
(1)
Each of the companies, respectively, whenever any vacancy shall exist
in its ranks, shall notify the Board of Chiefs. Upon receipt of a
membership application from the Board of Chiefs, a company may elect,
according to its bylaws, any person between the ages of 18 and 57
years, not including that person's 58th birthday, and who resides
within a two-mile radius of either of the Town of Boonton firehouses
for a six-month continuing period of time of such confirmation for
membership in a company. The Board of Chiefs shall have the discretion
to determine compliance of the two-mile radius on any small discrepancies
of the radius measurement. The membership application shall then be
submitted to the Board of Chiefs for its approval. The Board of Chiefs
must act on the application within 10 days after receipt of same.
Upon approval by the Board of Chiefs, the application shall be submitted
to the Town Council for confirmation. If an application for membership
is denied for any reason by the Board of Chiefs or the Town Council,
the company submitting the application shall be notified before its
next regularly scheduled meeting.
[Amended 10-2-2023 by Ord. No. 16-23]
(2)
A company may also elect to membership any person who has received
a certificate of exemption from another municipality, providing that
such person is a citizen and a resident of the Town for a six-month
continuing period at the time of such confirmation for membership
in the company, and provided further that the roll of the company
does not exceed 49 members.
B.
Board of chiefs. Whenever a vacancy occurs on the Board of Chiefs,
through resignation, removal, death or any other cause, a special
election shall be held within 60 days to fill the vacancy, with the
provision that the remaining members shall advance their standing
to the next higher office and the election shall be held to fill the
office of Battalion Chief; with the further provision that should
this vacancy occur within 60 days of the annual election, no special
election will be held.
A.
Fire Department dress uniform. Any firefighter's dress uniform
worn by Captains, Lieutenants and Privates shall be the standard uniform
for the Boonton Fire Department, and shall be a single-breasted, four-button,
lapel collar suit of dark blue fourteen-ounce serge material with
three buttons on each sleeve and standard lapel buttons. The standard
cap shall be a fire private's cap, no braid, straight top, with
a small Maltese cross with the letters "B.F.D." in the center of the
cross. No other insignia is to be worn on the uniform but the official
badge furnished by the Town of Boonton, white shirt, black fourteen-hand
necktie, black socks, black patent leather shoes and white gloves.
This does not apply to the conventional Chiefs' and ex-Chiefs'
uniform.
[Amended 9-13-2022 by Ord. No. 15-22]
B.
Badges. All badges used by the members of the Fire Department shall
be the exclusive property of the Town, and any replacement or changes
of badges shall be made by the Fire Committee of the Board of Aldermen.
Any member severing his connections with the Fire Department shall
deposit his badge with the Secretary of the respective company to
which he belongs.
C.
If a member is suspended, resigns, or is dismissed from the Boonton
Fire Department for any reason, that member must return any and all
Town, Department or Company property given or issued to that member
including radios, pagers, turnout gear, keys, uniforms, station wear,
shirts, jackets, hats, placards, stickers, ID cards and any other
item that has a Department or Company logo on it. Furthermore, this
member shall remove all stickers, lights and placards from all motor
vehicles identifying that person as a firefighter or a member of the
Boonton Fire Department.
A.
Promise to perform duties of fireman. No person shall become a member
of the Fire Department unless he shall promise and agree to perform
the duties of a fireman, as are now or may hereafter be prescribed
in the Town Charter and ordinances.
B.
Formation of line 200 feet from fire. It shall be the duty of the
police and firemen, when a fire occurs and when it may be necessary
for the preservation of order and the protection of property, to form
a line at least 200 feet distant from the fire, or either side thereof;
and they shall not under any circumstances, permit any person to pass
or remain within the line, unless the person shall wear the uniform
or badge of the Boonton Fire Department, or unless he be a member
of the Board of Aldermen, or an owner or resident of property within
the prescribed lines, or unless he is actually or lawfully engaged
in aiding or assisting the Fire Department according to the provisions
of this article.
C.
Subservience of bystanders at fires. Every person not a fireman who
shall be present at a fire shall be subject and obedient to the orders
of the Chief of the Fire Department and the Chief of the Police Department,
or any member of the Fire Department or Police Department acting under
their direction, extinguishing fire, preserving order, and the removal
and protection of property.
D.
Duty of Captain and Lieutenant to prevent exceeding of speed limit
when not going to fires. It shall be the duty of the Captain and Lieutenant
of each fire company to ensure the drivers of the apparatus, respectively,
when returning from a fire, an alarm of fire, or practice, to obey
all traffic regulations.
E.
Person permitting use of fire apparatus for unauthorized purpose.
Any person in charge of a fire apparatus who shall suffer or permit
the same to be used at any time on a trial of skill, or of the power
and capacity of the machine, or for any purpose except as provided
for by any ordinance or resolution of the Board of Aldermen, or by
permission of a Chief, shall be so charged and the charge decided
upon according to the provisions of this article.
F.
Injuring or mutilating fire apparatus. Any person who shall enter any firehouse in the Town with the intent to injure the same, or any fire apparatus or other fire equipment, or who shall injure or mutilate at any time or place any fire apparatus or equipment, shall be liable pursuant to Chapter 1, General Provisions, Article III, General Penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
H.
Molesting fireman or Town officer while on duty. Any person who shall willfully hinder or molest or attempt to do any violence to any officer or member of the Fire Department, or other Town officer while in the performance of his duty at a fire, or in going to or returning from a fire, upon an alarm thereof, in charge of any fire apparatus, shall be liable pursuant to Chapter 1, General Provisions, Article III, General Penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
J.
Impersonating of fireman; wearing of fireman's insignia; use of fire signals. Any person who shall falsely represent any of the members of the Fire Department of this Town, or who shall maliciously, or with intent to deceive, use or imitate any of the signals or devices adopted and used by the Fire Department, or who shall wear in public the insignia prescribed to be worn by the members of the Fire Department, shall be liable pursuant to Chapter 1, General Provisions, Article III, General Penalty.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Filing of complaint; contents.
(1)
Anyone who witnesses an infraction of the Fire Department regulations
of the Town, or the duly posted general orders of the Chief by an
active member of the Boonton Fire Department while on duty, or a dereliction
of duty, or for good cause at any time may file a written, signed
complaint with the Chief of the Fire Department. Each member complained
of shall be considered as a separate complaint.
(2)
Each complaint must include the name of the member complained of,
the time and place of the occurrence, and a description of the incident.
This complaint must be filed within five days of the date of the incident.
The postmarked date of a mailed complaint shall constitute the filing
date.
B.
Notification; hearing scheduled.
(1)
Upon receipt of a complaint by the Chief and before any other member
of the Board of Chiefs is notified, and before any action whatsoever
is taken thereon, a copy of the complaint shall be mailed to the member
complained of. This shall be done by certified mail and the date of
the certified receipt shall constitute the date of notice.
(2)
Any member of the Board of Chiefs may file a complaint against a member. Filing of a complaint may be preceded by initiating an immediate, temporary suspension of a member. Temporary suspensions are subject to the approval by a majority of the members of the Board of Chiefs within 72 hours from the time that verbal notice of immediate temporary suspension is given to the suspended member. If this suspension is affirmed, the member of the Board of Chiefs who initiated the suspension shall complete the process by filing a formal complaint against the member thereby documenting the complaint and following the remaining steps for filing, notification and action as detailed in § 27-22 of the article. If the temporary suspension is not approved by a majority of the members of the Board of Chiefs, the member that was given verbal notice of temporary suspension shall be immediately reinstated to full, active duty.
(3)
If the majority of the Board of Chiefs are of the opinion that the
complaint warrants a formal hearing, they shall have the authority
to initiate an immediate suspension which may remain in place until
such time that the formal hearing occurs and a final decision regarding
the complaint and any related action against the member is made.
(4)
The member complained of shall receive at least seven days' notice
prior to the hearing. Witnesses may appear and all proper evidence
presented must be considered. If a member against whom a complaint
is made fails to appear at this formal hearing without good cause
shown, the complaint shall be considered prima facie evidence of the
facts contained therein.
C.
Action to be taken.
(1)
If a majority of the Board of Chiefs finds a complaint not justified,
they shall dismiss same. If a majority of the Board of Chiefs finds
a complaint to be justified, they may issue a reprimand or they may
suspend the member from duty for a period up to a maximum of 90 days
from the date of the hearing. In each case a decision must be reached
at this hearing.
(2)
Department hearing.
(a)
If, in the opinion of the majority of the Board of Chiefs, a
complaint warrants the dismissal of a member from the Fire Department,
they shall schedule a closed Department hearing. This hearing shall
be held within 60 days of the incident complained of.
(b)
The Chief shall preside at all Department hearings except when
he files the complaint being considered, in which case the Deputy
Chief shall preside.
(c)
There shall be a jury present consisting of all Captains and
Lieutenants in the Fire Department. Each member of this jury shall
have one vote and a majority vote of same shall decide each case.
There shall be at least 2/3 of the current sworn-in Captains and Lieutenants
present before a case may be heard. In the event of a tie vote, the
presiding officer shall cast the deciding vote. In the event of any
conflict, the Board of Chiefs shall maintain the right to add or remove
jury members as may be required, and so as to allow a fair hearing.
[Amended 10-2-2023 by Ord. No. 16-23]
(d)
Witnesses may appear and all proper evidence presented must
be considered. The member complained of shall be entitled to counsel
by anyone he chooses, and this person shall be recognized as the defendant's
legal counsel for the purpose of this hearing.
(e)
After due consideration of all the evidence presented before
them, the jury shall retire in private to deliberate, and by secret
ballot, vote on the case before them. They may return one of three
decisions:
(f)
The Board of Chiefs shall accept the jury's decision as final
and so render their decision. Verdict of dismissal must be approved
by the Mayor and Board of Aldermen of the Town of Boonton.
D.
Other complaints.
(1)
Complaints by citizens to Mayor and Board of Aldermen. Any complaint
received by the Mayor and Board of Aldermen against any member of
the Fire Department, except the Chief, shall be forwarded immediately
to the Chief of the Fire Department, and may not be made public.
(2)
Complaints against Chief. Complaints against the Chief of the Fire
Department shall be filed with the Mayor and Board of Aldermen for
their action. Upon receipt of such complaint, a copy of same shall
be immediately forwarded to the Chief.
(3)
Conduct unbecoming of a firefighter/member. The Board of Chiefs will
have the authority to hold a board of inquiry with any member charged
with a criminal offense greater than a misdemeanor. After gaining
a better understanding of the nature of the charges and weighing these
against the best interests of the Department, its members and its
standing in the community, the Board of Chiefs will have the authority
to take action which may include suspension or a period of limited
duty as defined by the Chiefs in writing. This action may remain in
force until such time that the member has resolved the related outstanding
legal issues.
A.
Adoption of bylaws of Fire Company. The individual companies of the
Boonton Fire Department may adopt such bylaws and regulations for
their government subordinate to the ordinances of the Town, and not
inconsistent with the regulations of the Chiefs, as they may deem
useful and proper in the discharge of their duties.
B.
Qualification for certificate of exemption. A member of the Town Fire Department shall be entitled to receive an exempt firefighter's certificate, subject to the provision of § 27-17A, when, from the records of the Department filed with the Town Clerk, it appears that at the time the firefighter was confirmed as a firefighter by the Town Council, the member was a resident of the Town, a citizen of the United States, of good moral character, between the ages of 18 and 40, and that during seven years the member has performed 25% of fire duty in the Town Fire Department during each of the seven years. For the purposes of this subsection, time spent by a firefighter in active military service of the United States shall be considered as time spent in fire duty.
[Amended 10-4-2021 by Ord. No. 28-21; 9-13-2022 by Ord. No. 15-22]
C.
Computing term of service of fireman. The commencement of the term
of service of each person hereafter confirmed as a member of the Fire
Department shall be computed from the date of his confirmation by
the Board of Aldermen.
D.
Duties of company Secretaries; records and reports. The Secretary
of each company shall keep a record of the proceedings of the company
at its meetings for the transaction of business; he shall also keep
a record of all appointments, transfers, resignations or removals
of firemen attached to such company, and of the rules and regulations
of the Fire Department; and shall, at least once a month, make out
and deliver to the Chief, such report hereof as may be required by
him. He shall also keep the roll of the company in a legible and proper
manner, in the roll book to be provided for that purpose by the Board
of Aldermen. Transfers are permissible from one company to another,
providing companies affected are agreeable to such transfer.
E.
Fire Department records to be property of the Town. All records referred to and listed under § 27-15B(2), Duties, shall be the property of the Town of Boonton, and shall be turned over to the Chief of the Fire Department upon confirmation of his elected office.
F.
Duties of the Fire Department Chaplain.
(1)
The clergyman to fill the office of Chaplain shall be selected by
the Chief of the Boonton Fire Department.
(2)
It shall be the duty of the Chaplain to attend all alarms and functions
of the Boonton Fire Department.
(3)
The Chaplain shall be available to render spiritual or moral guidance
as requested by any member of the Boonton Fire Department.
(4)
The Chaplain will be issued a gold Chiefs'-style badge with
the inscription to read "Boonton Fire Department Chaplain."
[Amended 9-13-2022 by Ord. No. 15-22]
G.
Enforcement. It shall be the duty of the Chiefs, Captains and Lieutenants
of the Fire Department to observe faithfully and enforce all of the
provisions of this article; and the Captains and Lieutenants shall
report all violations of this article which may come to their knowledge,
to the Chiefs.
H.
Mutual aid. The Chief of the Boonton Fire Department and the officers
thereof are hereby authorized to extend aid and assistance to neighboring
communities on request for fire protection or emergency services or
to establish a mutual aid system in accordance with the laws of the
State of New Jersey.
I.
Posting of fire regulations. A copy of this article entitled "Regulations
to Maintain, Regulate, and Control the Boonton Fire Department" shall
be posted at all times in each firehouse within the Town.
A Junior Fire Department may be established in conjunction with
the Fire Department. This Junior Fire Department shall be established
as a distinct entity from the Fire Department, shall be controlled
by the Fire Department and shall consist of Town of Boonton residents
at least 16 years of age, excepting that any current active member
under the age of 16 years of age will be grandfathered. Applicants
for this Junior Fire Department shall be screened by the Board of
Chiefs of the Fire Department. The Junior Fire Department shall comply
with the Municipal Joint Insurance Funds Rules for Junior Firefighters
as the same may be amended and supplemented.
A Ladies Auxiliary will be known as "The Ladies Auxiliary of
the Boonton Fire Department." This group of women shall be a separate
organization and hold their own meetings. Their role is to assist
and support the efforts of the Boonton Fire Department, including,
but not limited to, supplying refreshments and rehab at emergency
scenes. This support will be requested under the guidelines of the
on-scene incident commander. The organization will work with and fall
under the guidance of the Town of Boonton Fire Department Fire Chief.
[Added 4-6-2020 by Ord.
No. 04-2020]
A.
Definitions. "Knox-Box®" shall mean
a secure rapid-entry system that is designed to be used by emergency
personnel in the event of an emergency to gain entry into a structure
by using the enclosed owner-provided key(s). This box is usually mounted
on the exterior of the building in a location that is specified by
the Fire Official. All boxes shall be UL (Underwriters' Laboratories)
certified, and approved by the Fire Official.
B.
Knox-Box® required for new commercial
buildings. All new commercial buildings shall have installed a Knox-Box®, of a UL type and size approved by the Town Fire
Official, in a location specified by the Town Fire Official prior
to the issuance of a permit of occupancy.
C.
Knox-Box® required for existing commercial
buildings. All existing commercial buildings equipped with automatic
fire detection and/or a suppression system shall have installed a
Knox-Box®, of a UL type and size approved
by the Town Fire Official, in a location specified by the Town Fire
Official within six months of the date of this section. For the period
of one year following the date of this section, such installation
shall be voluntary; however, after that one-year time period, such
installation shall be mandatory for all existing commercial buildings.
D.
Knox-Box® required for multifamily
residential structures. All multifamily residential structures that
have restricted access through locked doors and have a common corridor
for access to the living units shall have installed a Knox-Box®, of a UL type and size approved by the Town Fire
Official, in a location specified by the Town Fire Official within
six months of the date of this section.
E.
Knox-Box® contents. All Knox-Boxes® shall contain labeled keys, easily identified
to provide ready access into the property and/or building, and to
any locked areas within the said building as the Fire Official may
direct.
[Added 9-13-2022 by Ord.
No. 15-22]
A.
All new support members must serve a probationary period of one year.
During this probationary year the member must remain in good standing
with their company and the Department.
B.
The Board of Chiefs will list the training requirements for a support
member in the Department S.O.G.s. If at some point in the future the
NJ Division of Fire Safety or the Morris County Fire Academy comes
out with a support member training class, all current and future support
members will be required to compete this class within one year.
C.
All newly appointed support members will be required to attend 25%
of all alarms, drills and scheduled activities for a period of seven
years. During this seven-year period, the support member will be considered
a nonexempt member. If it is determined by the Board of Chiefs that
a support member has not attempted to maintain their quota, either
by the absence, lack of interest or inability to act, the Chief shall
recommend to the Town Council that the support member be dropped from
the rolls of the Boonton Fire Department.
D.
All new support members will be subjected to a background check.
This check will include a criminal history check by the Boonton Police
Department as well as any other check deemed necessary by the Town
of Boonton hiring policies. The information that is gathered by these
checks will be used by the Board of Inquiry to base its decision on
a prospective member's application as a support member of the
Boonton Fire Department.
E.
Any support member of the Boonton Fire Department who is convicted
of a crime of moral turpitude may be subject to forfeiture of public
office (N.J.S.A. 2C:51-2 et seq.). The Board of Chiefs, with guidance
and consultation with the Town of Boonton Attorney, will recommend
to the Mayor and Town Council that any member found in violation of
this subsection be dropped from the rolls of the Boonton Fire Department.
F.
A support member must be at least 18 years old, a U.S. citizen, and
a Town of Boonton resident for at least six months prior to joining.
G.
A support member will be eligible for LOSAP benefits.
H.
A support member will not be required to pass a F/F 1 Course, and
therefore, they will not perform any actual firefighting duties requiring
the individual to wear an S.C.B.A.
I.
A support member will not operate in any area or conditions that
would require a member to wear an S.C.B.A.
J.
A support member will not be eligible to run for, or hold the office
of, Lieutenant, Captain, Battalion Chief, Deputy Chief or Chief of
the Department.
K.
A support member will wear a standard firefighter dress uniform as
well as a set of turnout gear. The support member will use a standard
helmet, and the front piece will be yellow in color.
