The Fire Department of the Township shall consist
of such properly incorporated fire companies as now exist or hereafter
may exist which shall accept the conditions and provisions of this
article. Acceptance shall be in writing, signed by its president and
secretary with its official seal attached thereto, and placed on file
in the office of the Township Clerk. No further increase in number
of companies now composing the Department shall be authorized or additional
companies admitted except by resolution of the Township Committee.
[Amended 4-24-2002 by Ord. No. 23-2002; 11-6-2019 by Ord. No. 34-2019]
A.
The object of these companies is the protection of life and property
from fire. Active members of each company shall not exceed 50 active
members. The age of active firefighters joining companies shall be
between the ages of 18 and 45. Any person over the age of 45 years
may join the volunteer fire company as a member with the approval
of such fire company, but such membership shall not come under the
classification of an active firefighter as it relates to the New Jersey
State Relief Association.
B.
The Township Fire Chief shall be charged with processing all applications
for candidates to serve as a volunteer firefighter for any of the
five volunteer fire companies who make up the Township Fire Department.
C.
Prospective volunteer firefighters must successfully pass a physical
examination to assure that the work required to be performed will
not cause injury to the individual and that the person is physically
fit to meet the requirements of the position. All required examinations
shall be at the Township's expense and shall be made by a physician
designated or approved by the Township.
D.
Criminal background investigations are required of all prospective
volunteer firefighters. The cost of the criminal background check
shall be borne by the Township.
E.
Criminal background disqualifications. A person may be disqualified
from serving as a volunteer firefighter if the person's criminal history
record background check reveals a record of conviction of any of the
following crimes or disorderly persons offenses:
(1)
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses set forth in N.J.S.A. 2C:11, Homicide; N.J.S.A. 2C:12,
Assault, Endangering, Threats; N.J.S.A. 2C:13 Kidnapping; N.J.S.A.
2C:14, Sexual Offenses; N.J.S.A. 2C:15, Robbery; or N.J.S.A. 2C:17-1,
Arson.
(b)
In accordance with N.J.S.A. 15:801.1b. a person who is convicted
of a violation of N.J.S.A. 2C:33-3, concerning false public alarms,
is ineligible for membership in a volunteer fire company for a period
of 10 years from the date of the conviction.
(c)
Against the family, children, or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq.;
(d)
Involving theft as set forth in Chapter 20 of Title 2C of the
New Jersey Statutes;
(e)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 35 of Title 2C of the New Jersey Statues
except Paragraph (4) of Subsection a of N.J.S.A. 2C:35-10, possession
of 50 grams or less of marijuana.
F.
Appeal of criminal background disqualifications.
(1)
A prospective volunteer firefighter may appeal the disqualification
determination by filling a written notice of appeal with the Township
Fire Chief.
(2)
All appeal requests shall proceed in a hearing no later than 45 days
after receiving the notice of appeal before the Fire Department Appeal
Panel and a determination made no later than 20 days thereafter.
(3)
The Fire Department Appeal Panel shall be comprised of the Township
Fire Chief or designee; the Bargaintown Volunteer Fire Company Chief
or designee; the Cardiff Volunteer Fire Company Chief or designee;
the Farmington Volunteer Fire Company Chief or designee; the Scullville
Volunteer Fire Company Chief or designee; and the West Atlantic City
Volunteer Fire Company Chief or designee;
(4)
At the hearing, the prospective volunteer firefighter shall have
the right to appear and be heard, to be represented by an attorney,
present witnesses in his or her own behalf, cross-examine opposing
witnesses and have a permanent record made of the proceedings at his
or her own expense.
(5)
The Fire Department Appeal Panel may overturn a disqualification
determination if the prospective volunteer firefighter is able to
demonstrate by clear and convincing evidence that they have been sufficiently
rehabilitated so as to make them eligible to serve the Fire Department.
[Amended 4-24-2002 by Ord. No. 23-2002]
Nominations for officers shall be as to the
individual fire company's annual meetings. The election of officers
shall be held by the various companies at their first meeting date
in December of each year unless otherwise specified in this section.
A.
All the volunteer fire companies shall hold a joint
meeting in October of each year for the purpose of nominating a Township
Fire Chief, who must have served in any one of the Egg Harbor Township
volunteer fire companies as a Chief, ex-Chief, Assistant Chief or
Captain, and who must have served for a period of not less than 10
years as an active member of the Township fire companies, and in order
to become such Township Fire Chief, the person so nominated and elected
must resign, prior to being sworn in as such Township Fire Chief,
any office held by him in his local company.
[Amended 4-24-2002 by Ord. No. 23-2002]
B.
After the joint meeting, the secretary of the joint
fire companies shall immediately notify each volunteer fire company,
in writing, before its regular meeting in November, of the nominations
made for Township chief, president, vice president, secretary, treasurer,
and one death benefit trustee representing the joint fire companies
to the county association, at the joint fire companies meeting.
C.
Each volunteer fire company shall then elect five
delegates and five alternates, such alternates shall act only in the
absence of the regular delegates for the purpose of electing one of
the nominees for Township Fire Chief, president, vice president, secretary,
treasurer, and one death benefit trustee representing the joint fire
companies to county association, at a meeting called for that purpose
by all the delegates of the volunteer fire companies which shall be
held between Christmas and New Year's of each year. The delegates
from each volunteer fire company shall vote as a unit for one nominee
as instructed by their respective fire companies. The nominee receiving
the highest number of votes of all delegates shall be considered duly
elected to the office of Township Fire Chief, president, vice president,
secretary, treasurer, and death benefit trustee representing the joint
fire companies to county association for a term of one year. Notification
of the election of Township Fire Chief shall be submitted to the Township
committee for its confirmation. In the event of a tie vote, the delegates
shall immediately hold another election and if there is another tie
vote then the delegates of each volunteer fire company shall be released
of their instructions to cast their ballot for a certain nominee and
the balloting shall continue until one candidate receives a higher
number of votes. The voting place for 1951 for Township Fire Chief,
and officers, as hereinafter provided for to be elected for the year
1952 shall be held at Farmington Fire House, then rotating to Cardiff
Fire House, Bargaintown Fire House, Scullville Fire House, and West
Atlantic City Fire House, and continue in the order of this rotation
during the existence of this chapter.
D.
The Township Fire Chief shall appoint a Township Deputy
Fire Chief and Training Officer each year.
[Amended 4-24-2002 by Ord. No. 23-2002]
[Amended 2-24-1982 by Ord. No. 11-1982; amended 4-24-2002 by Ord. No. 23-2002]
Each volunteer fire company shall have the following
officers: one president, one vice president, secretary, financial
secretary, treasurer, who may be bonded by a local bonding company.
Each company may have a maximum of Chief, Assistant Chief, two Captains,
four Lieutenants, one Fire Police, and two Deputy Fire Police, who
must be approved by the Township Committee, whose term of office shall
be for one year. Five trustees shall be elected to a term of three
years. The terms of the trustees shall be staggered.
Other than dues and fines determined by each
volunteer fire company, the bylaws of each volunteer fire company
shall be similar.
A.
The Chief, Assistant Chief and Captain, in the order
named, shall have full command at a fire or alarm of fire, going or
returning from same. They shall also have control of all apparatus
and equipment and keep same in serviceable order, and shall have the
right to call on any member for assistance. Each volunteer fire company's
Chief or ranking officer shall notify the Township Chief within 30
days after each fire on forms provided for same, to which his company
is called for service.
[Amended 4-24-2002 by Ord. No. 23-2002]
B.
Duties of the Fire Police and Deputy Fire Police shall
be to enclose the scene of fire and keep same clear of nonfirefighter,
and they shall have charge of all property saved. In case of necessity,
the Fire Police and Deputy Fire Police shall have the privilege of
appointing assistants, who shall be known as “Deputy Fire Police.”
The training of the Fire Police Officer and Deputy Fire Police shall
be in accordance with N.J.A.C. 5:73-7.1 through 5:73-7.3.
[Amended 4-24-2002 by Ord. No. 23-2002]
C.
The duties of all other officers shall be defined
by the bylaws of each volunteer fire company.
D.
In the absence of the Township Chief, the Deputy Township
Chief would assume the responsibilities of the Township Chief, and
in his absence, the Chief of Company No. 1, and in his absence, the
Chief of Company No. 2, and so on down the line.
[Amended 4-24-2002 by Ord. No. 23-2002]
The Township Chief shall make an inspection
of all companies annually and make a written report thereof to the
Township Committee at its regular meeting in February of each year.
[Added 8-10-2005 by Ord. No. 45-2005]
The Egg Harbor Township Fire Department is authorized
pursuant to N.J.S.A. 40A:14-95 to establish a Junior Firefighter Auxiliary
between the ages of 16 and 18. The Junior Firefighter Auxiliary is
subject to the permitted activities of junior firefighters provided
in any applicable federal and state statutes and/or regulations, Township
ordinances, Egg Harbor Township Fire Department and/or Volunteer Fire
Company standard operating guidelines established by Egg Harbor Township
Fire Department and approved by resolution of Township Committee and/or
amendments thereto.
[1]
Editor's Note: Former § 6-96, Radio
Policy Committee, was repealed 4-24-2002 by Ord. No. 23-2002.
[1]
Editor's Note: Former § 6-97, Additional
rules and regulations, was repealed 4-24-2002 by Ord. No. 23-2002.
