Town of Boonton, NJ
Morris County
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Table of Contents
Table of Contents
[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. 
Established. The Town Fire Department shall consist of five companies; they are:
(1) 
Maxfield Hook and Ladder Co. No. 1.
(2) 
Maxfield Hose and Engine Co. No. 1.
(3) 
Harmony Hose and Engine Co. No. 2.
(4) 
South Boonton Hose and Engine Co. No. 3.
(5) 
Salvage and Rescue Co. No. 1.
B. 
Number of men in companies. Each company shall consist of not more than 50 men.
A. 
Established.
(1) 
The Officers of the Boonton Fire Department shall consist of a Chief, Deputy Chief and a Battalion Chief. There shall be a Captain and a Lieutenant from each of the five companies.
(2) 
The Chief, Deputy Chief and Battalion Chief shall be known as the Board of Chiefs.
(3) 
The Chief, Deputy Chief and Battalion Chief shall be elected annually with a maximum of two one-year terms for each position.Editor's Note: For additional provisions concerning Chief elections, see § 27-18 of this chapter.
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.
[1] 
Names of officers and membership.
[2] 
Condition of firehouses and apparatus.
[3] 
Drills and practices.
[4] 
Tests for Captains, Lieutenants, Chief Drivers and probationary firemen.
(c) 
Training. The Deputy Chief shall assist the Chief at any and all drills scheduled by him.
D. 
Battalion Chief.
(1) 
Qualifications. To be eligible for the office of Battalion Chief, a member must be an active, exempt fireman in good standing in his assigned company and he must be from one of the two companies not represented on the Board of Chiefs at the time of election. He must also have held the position of Captain or Lieutenant for at least one full term prior to the date of confirmation or one full term as Foreman under the superseded Ordinance 211. He 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 of that office. 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 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.
(b) 
Training. The Battalion Chief shall assist the Chief at any and all drills scheduled by him.
(3) 
Candidates for election to office of Battalion Chief. If by October 2 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 the 15th of October of the election year.
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.
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 60% 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 Board of Aldermen that the member be dropped from the rolls of the Town of Boonton Fire Department.
(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 Fire Chiefs on the first Friday in December of each year; the election to be held under the supervision of the Fire Committee of the Board of Aldermen, who 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 he shall designate the chairman. The polls shall be opened at 7:00 p.m. and close at 10:00 p.m. on the date of the election. The polls shall be open from 7:00 p.m. to 9:00 p.m. for a noncontested year for the incumbent Board of Chiefs. No fireman shall be allowed to vote unless he is a confirmed member for six months prior to the election and in good standing in his company. The Secretary of each company shall submit to the Board of Registry Chairman prior to the date of election, a list signed by himself, to attend to the standing of each member of his company voting.
(2) 
Rescheduling and relocating election.
(a) 
Reasons to reschedule elections prior to voting:
[1] 
Weather.
[2] 
Department personnel deployed for emergency response in Town prior to the start of the election.
[3] 
Department personnel deployed for emergency response out of Town.
(b) 
Reasons to be able to move place of election on same night:
[1] 
Emergency within the building causing it to not be able to be occupied.
[2] 
Emergency outside of the building restricting or denying access.
(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 special message via Plectron will also be utilized to notify all members of the change of election location.
(3) 
Stopping and rescheduling once begun.
(a) 
Reason to stop election and reschedule after voting has begun:
[1] 
Department is deployed for emergency response in Town or out of Town after the election has begun.
[2] 
Any emergency or disruption found to be so egregious that the Committee finds the need to halt the election.
[3] 
Weather begins to deteriorate.
(b) 
The Election Board will cease all voting, collect any unused ballots and company name lists of those who have voted and convene in private for a vote from the Board members.
(4) 
Each candidate for the office of Battalion Chief must submit in writing, prior to October 1 of the year of election, his intent of candidacy to the Election Board. This Board shall be appointed by the Board of Chiefs at its first monthly meeting of the year. A list of members and the chairman shall be posted on both firehouse bulletin boards on or before February 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.
(5) 
Past Chiefs of the Boonton Fire Department are ineligible to run again for any office on the Board of Chiefs of the Boonton Fire Department.
(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.
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 man between the ages of 18 and 45 years, not including his 46th birthday, and who is a citizen and a resident of the Town for a six-month continuing period at the time of his confirmation for membership in the company. 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 Board of Aldermen for confirmation. If an application for membership is denied for any reason by the Board of Chiefs or the Board of Aldermen, the company submitting the application shall be notified before its next regularly scheduled meeting.
(2) 
A company may also elect to membership any man who has received his certificate of exemption from another municipality, providing that he is a citizen and a resident of the Town for a six-month continuing period at the time of his 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 fireman'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 four-in-hand necktie, black socks, black shoes and white gloves. This does not apply to the conventional Chiefs' and ex-Chiefs' uniform.
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 to a fine of not more than $100 for each offense, or imprisonment for not more than 30 days, or both.
G. 
Driving vehicles over fire hose. Any person who shall, during a fire, or any other time, drive a vehicle over any hose, shall be liable to a fine of not more than $100 for each and every offense, or imprisonment for not more than 30 days, or both.
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 to a fine of not more than $100 for each and every offense, or imprisonment for not more than 30 days, or both.
I. 
Turning in of false alarm. Any person or persons who shall raise, create, or continue a false alarm of fire shall be liable to a fine of not more than $100 for each and every offense, or imprisonment for not more than 30 days, or both.
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 to a fine of not more than $100 for each and every offense, or imprisonment for not more than 90 days, or both.
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 eight jury officers present before a case may be heard. In the event of a tie vote, the presiding officer shall cast the deciding vote.
(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:
[1] 
That of not guilty.
[2] 
Up to a maximum penalty of 90 days' suspension.
[3] 
Dismissal from the Department.
(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 fireman'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 fireman was confirmed as a fireman by the Town Board of Aldermen, he 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 he has performed 60% of fire duty in the Town Fire Department during each of the seven years. For the purposes of this subsection, time spent by a fireman in the active military service of the United States shall be considered as time spent in fire duty.
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), Chief 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 uniform of the Chaplain shall consist of the standard Chiefs' uniform of the Boonton Fire Department except the badges and lapel buttons which will designate the office of Chaplain.
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.