Borough of Roselle, NJ
Union County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Police Department — See Ch. 20.
Salaries and compensation — See Ch. 25.
Fire prevention — See Ch. 66.
[Adopted 7-29-1960 by Ord. No. 1037[1]]
[1]
Editor's Note: The provisions of this Article were included as Chapter 8 of the Revised Ordinances of the Borough of Roselle adopted 7-29-1960 by Ord. No. 1037.
[Amended 10-13-1971 by Ord. No. 1259]
A. 
The Fire Department shall consist of one Chief, one Deputy Chief, one or more Captains, one or more Lieutenants and such number of firemen and callmen as recommended by the Chief. All the aforesaid shall be appointed by the Mayor and confirmed by the Council. Members of the Department shall hold office at the pleasure of the Mayor and Council, except as otherwise provided by law. The Department shall include such engine, hose and hook and ladder companies as the Mayor and Council may from time to time authorize by ordinance.
B. 
The civil service laws of the State of New Jersey and the rules and regulations promulgated pursuant thereto shall supersede the terms and provisions of this article where the same are inconsistent with the terms thereof.
[Amended 10-12-1970 by Ord. No. 1250[1]]
The territorial fire limits shall include all land or property now or hereafter located in the Borough. No apparatus or equipment of the Department shall be transported outside the limits aforesaid except in case of an emergency or county or state request for mutual aid, in which event the chief ranking officer in charge of the Department may consent thereto and notify his immediate superior as soon thereafter as practical of his decision.
[1]
Editor's Note: Ord. No. 1250, adopted 10-12-1970, adopted supplements to the Revised Ordinances of the Borough of Roselle adopted 7-29-1960 as Ord. No. 1037. Other sections of this chapter amended by Ord. No. 1250 are noted where applicable.
[Amended 10-12-1970 by Ord. No. 1250]
A. 
The salaries of all personnel of the Department shall be in such amounts as may be determined from time to time by the Mayor and Council and as otherwise provided by law. Full-time members of the Department shall devote their time exclusively to the service and their compensation shall be in lieu of all salaries, bonuses and other payments. The salaries of firemen shall be based upon a forty-two-hour workweek.
B. 
Each paid member of the Roselle Fire Department shall be on actual duty for an average of 42 hours per week in any eight-week cycle; provided, however, that in times of emergency, the officer, board or official having charge or control of the Roselle Fire Department shall not be prohibited from summoning to and keeping on duty as many of such members as shall be necessary, within the sole discretion of such officer, board or official, to cope with such emergency; and provided further than any member of such Fire Department so kept on duty during such emergencies shall receive during the next 12 months thereafter a number of hours free from actual duty, deducted from such 42 average hours, equal to the number of hours in excess of an average of 42 hours per week in any eight-week cycle which he shall have served during such emergency.
[1]
Editor's Note: As to salaries and compensation, see Ch. 25.
[Amended 10-12-1970 by Ord. No. 1250; 3-8-1978 by Ord. No. 1431]
The Mayor and Council may, from time to time, establish rules and regulations governing the Police Department and the Fire Department, by resolution.
A. 
Except as otherwise provided by state law, which among other provisions designates the Mayor and Council as the authority for making appointments and promotions, establishing the annual pay scale and determining appropriate discipline in serious cases, the Fire Chief shall be in control of the Department. He shall notify the Mayor of any disability, and in the event an emergency is declared by the Mayor, Emergency Management Coordinator or any other person authorized to declare an emergency, he shall not leave the Borough without first obtaining permission from the person declaring such an emergency.
[Amended 10-12-1970 by Ord. No. 1250; 3-19-2003 by Ord. No. 2184]
B. 
The Fire Chief shall be responsible for seeing that all Department property is in optimum condition ready for immediate use and for the discipline, efficiency, drilling and training of all Department personnel. He shall make or cause to be made regular inspections at least once a month of the fire protection system, including the water system, hydrants, hoses, fire extinguishers and alarm systems and all fire engines, apparatus and equipment. He shall keep a record of the dates of such inspections and the conditions shown by such inspections. At the end of each month he shall make a report of the aforesaid inspections to the Fire Commissioner, including therein such recommendations, if any, as he may deem necessary and appropriate.
C. 
The Fire Chief shall keep or cause to be kept a record of all personnel, showing any changes therein and the dates of service of each member of the Department.
[Amended 3-19-2003 by Ord. No. 2184]
D. 
The Fire Chief shall from time to time inspect or cause to be inspected within the Borough all public buildings, factories, workshops, tenements, apartments, garages, shops and other buildings where fire might endanger human life and shall report all unsafe or hazardous conditions to the owner or tenant with recommendations in writing for removing the same.
E. 
The Fire Chief shall keep or cause to be kept a record of alarms, fires and their causes if ascertained, a description of buildings damaged or destroyed, the names of the owners or occupants thereof and the amount of the loss and insurance covering said loss if ascertainable.
A. 
The Deputy Chief shall rank next after the Chief and shall take charge of the Department and perform all duties of the Chief upon being notified by the Mayor of the disability of the Chief to perform his duties. When the Chief returns to active service, the Deputy Chief shall then resume his former position. The Deputy Chief shall not leave the Borough without first obtaining permission from the Chief, and in case of disability he shall so notify the Chief. The Deputy Chief shall keep a record of attendance at fires of all callmen.
[Amended 3-19-2003 by Ord. No. 2184]
B. 
Each Fire Captain shall be in charge of a platoon and be responsible to the Deputy Chief and the Chief.
C. 
Each Lieutenant assigned to a platoon shall be responsible to the Captain assigned to his platoon. In the absence of the Captain, the Lieutenant shall take charge of the platoon and be responsible to his immediate superior.
[Added 1-8-1975 by Ord. No. 1338]
D. 
Firemen shall be ranked as follows:
(1) 
Grade one firemen, three or more years of service.
(2) 
Grade two firemen, more than two and less than three years of service.
(3) 
Grade three firemen, more than one and less than two years of service.
(4) 
Grade four firemen, less than one year of service.
E. 
All officers and personnel shall perform such duties as are prescribed by their superiors in rank. Such duties shall include but are not limited to rendering aid to persons distressed, injured, infirm, sick and deceased, upon the direction of superiors, wherever and whenever so directed.
[Amended 10-12-1970 by Ord. No. 1250]
A. 
Firemen in the Department shall be eligible for promotion to Lieutenant after completing three years of service. An officer in the Department shall be eligible for promotion after completing one year of service in rank as an officer. Only persons eligible as provided in this subsection shall be appointed officers.
[Amended 1-8-1975 by Ord. No. 1338; 3-19-2003 by Ord. No. 2184]
B. 
No promotion shall be made without a written recommendation of the Fire Chief either in favor of or opposed to the promotion. Said recommendation shall be made by the Fire Chief no later than 15 days after a request therefor has been made to him by the Mayor and Council. The motion or resolution of the Mayor and Council making a promotion shall state whether said promotion has been made with the approval of the Fire Chief or over his opposition.
A. 
All persons applying for appointment as a fireman shall file with the Fire Chief an application, duly sworn according to law, on forms supplied by the Fire Chief.
B. 
The person applying for such appointment shall have the following qualifications:
[Amended 10-12-1970 by Ord. No. 1250]
(1) 
He shall be a citizen of the United States.
(2) 
He shall be a resident of the Borough; provided, however, where a vacancy cannot be filled by a qualified resident, it is sufficient if he shall be a resident of the State of New Jersey for at least one year and live in such proximity to the Borough as to satisfy the Mayor and Council that he will be able to perform his duties fully.
[Amended 3-19-2003 by Ord. No. 2184]
(3) 
He shall be sound in body and of good health.
(4) 
He shall be able to read, write and speak the English language well and intelligently.
(5) 
He shall be of good moral character.
No person shall be appointed who has been convicted of any crime constituting an indictable offense or who has been convicted of any crime or offense involving moral turpitude.
C. 
The applicant must submit to any written and oral examination prescribed and conducted by the Mayor and Council, the results of which shall be reported to the Mayor and Council at the meeting next following the date of the examination. Applicants shall, in addition, supply such further information as the Mayor and Council may require.
D. 
Thereafter the Mayor and Council may appoint as firemen such persons as qualify therefor, in such number as may be required. An applicant so appointed shall serve as a probationary fireman for a one-year period. Within one year of appointment, a fire fighter shall obtain Fire Fighter 1 and 2 certifications from the Division of Fire Safety. Failure to achieve these certifications within one year shall be cause for dismissal.
[Amended 10-12-1970 by Ord. No. 1250; 3-19-2003 by Ord. No. 2184]
E. 
As a condition of employment, all fire fighters must obtain and maintain an EMI license from the Department of Health and Emergency Services. Failure to maintain said certification shall be grounds for dismissal unless said default is the result of injury, sickness or military absence. If the fire fighter asserts injury or sickness, said must be deemed acceptable by the Chief prior to the expiration of the certification.
[Added 3-19-2003 by Ord. No. 2184]
The Fire Chief shall have complete and absolute control in fighting fires within the Borough. He or persons designated by him shall remove goods and chattels in danger of fire to a safe place and may prevent the entry of any persons into a building on fire or into adjoining buildings. The following persons may enter a building otherwise closed to the public for the aforesaid reason, provided permission is obtained to do so from the Fire Chief or persons who have been so designated by him to close said building or buildings to the public: members of the Fire Department, members of the Police Department, members of the governing body of the Borough and the owner or occupant of the said building or buildings. All persons at the scene of the fire shall be subject to the orders of any member of the Fire Department or Police Department who is preserving order or superintending the area.
[Amended 10-12-1970 by Ord. No. 1250; 3-19-2003 by Ord. No. 2184]
A. 
The Borough Administrator, or in his discretion, the Fire Chief or, in his absence or disability, the Deputy Fire Chief shall hear and determine all charges and complaints against members of the Fire Department other than against the Chief or Deputy Chief and may punish members of said Department for breech of rules and regulations. All charges and complaints against the Chief or the Deputy Chief shall be heard and determined by the Mayor and Council, or at Mayor and Council's sole discretion, a designated qualified hearing officer who is not a member of the Fire Department.
B. 
Upon the request of the authority conducting any disciplinary hearing, the Borough Attorney[1] or his designee shall prosecute the complaint.
[1]
Editor's Note: See Ch. 4, Administration of Government, Article XIV.
C. 
The Borough Administrator may designate the Fire Chief or Deputy Fire Chief or other qualified party to serve as the hearing officer with respect to any disciplinary charge involving any officer other than the Chief or Deputy Chief.
[1]
Editor's Note: Former § 15-11, Private alarm systems; fee, added 12-14-1970 by Ord. No. 1249, was repealed 3-19-2003 by Ord. No. 2184. For current provisions, see Ch. 36, Alarms.
[Adopted 10-13-1971 by Ord. No. 1258]
Any fireman of the Borough of Roselle who enlists for one term only in the military service of the United States of America shall be considered to be on military leave of absence and shall be reinstated to his former position upon the expiration date of his enlistment, subject to §§ 15-13 and 15-14 hereof.
Prior to any enlistment, said fireman shall request job security, in writing, from the Mayor and Council.
Said fireman must return to his former position with the Borough of Roselle within 30 days following his discharge or the expiration date of his enlistment.