[Adopted 12-16-1975 by Ord. No. 1046 as Sec.
2-12 of the Revised General Ordinances; amended
in its entirety 12-4-2018 by Ord.
No. 18-2534]
The Fire Department shall be and is at all times under the control
and supervision and subject to the orders of the Mayor and the Borough
Council, except at a fire scene, drill or disaster, at which time
the Fire Chief or other superior officer in charge shall have complete
control and supervision of the Fire Department.
A.
Fire Committee; appointment and duties.
(1)
At the time of the annual organization of the Borough Council, the
Mayor and Council shall appoint a Fire Committee from the Council,
consisting of three members. One of these shall be designated as Chairman
by the Mayor and Council.
(2)
The Fire Committee shall have full and complete control over and
direction of the equipment and personnel of the Fire Department, except
at fires or otherwise on duty.
(3)
It shall be the duty of the Chairman of the Committee to report at
each meeting of the Borough Council on the activities of the Fire
Department and to make recommendations for the general efficiency
and welfare of the Department.
(4)
The Fire Chief shall make monthly reports to the Chairman of the
Fire Committee.
B.
Establishment of Board of Fire Officers; duties.
(1)
A Board of Fire Officers is hereby established to assist the Fire
Committee in its work. It shall consist of the officers of the Fire
Department, the officers of its respective companies, and the officer(s)
of the career members. The members of the Fire Committee shall be
ex-officio members of the Board, but shall have no power to vote.
(2)
The Board of Fire Officers shall meet at such times as the Board
shall designate to transact the business of the Department, and shall
administer a code of best practices, policies and procedures adopted
by the Fire Department for the control and management of the Department.
The best practices, policies and procedures shall not conflict with
any municipal ordinance.
A.
The Fire Department shall consist of a Chief and two Deputy Chiefs,
and as many paid and volunteer firefighters as hereinafter approved.
B.
Each company shall have one captain and at least one, but not more than two lieutenants as line officers and shall consist of not more than 30 members. Additionally, acting officers or crew supervisors may be appointed at the discretion of the Chief or Deputy Chiefs. Crew supervisors shall meet the requirements of § 17-20C(3).
C.
The companies of the Fire Department shall be known and designated
as "Alert Fire Co. No. 1," "Bergenfield Fire Co. No. 2," "Prospect
Fire Co. No. 1," "Career Company" and any other companies which may
subsequently be confirmed by the Mayor and Council.
A.
Application.
(2)
Every candidate for membership, before their application is acted
on, shall present to the secretary of the fire company a certificate
from a licensed physician attesting to the candidate's good health,
physical condition and ability to perform the duties ordinarily required
of firefighters. The certificate shall accompany the application for
membership, shall be filed with the secretary of the fire company
to which the application is made.
B.
Qualifications for membership.
(1)
Membership in volunteer fire companies shall be open to all persons
who are able to perform the duties of volunteer firefighters without
discrimination on the basis of an applicant's race, creed, color,
sex, age, national origin, ancestry, marital status or physical handicap.
(2)
The Department shall establish objective qualifications for membership,
which shall relate directly and solely to the physical and technical
ability and character fitness of an applicant to perform the vocational
duties of a volunteer firefighter.
(3)
Each company shall submit a notice to the Borough Clerk which shall
include the company's name, address, the names of its officers
and members and the dates of its regular organization meetings. The
notice shall be posted by the Clerk forthwith.
(4)
The Department shall supply the Borough Clerk with application packets
and the Clerk shall distribute them on written request or personal
request made during normal business hours. The packet shall state
that applications may be filed either by personal delivery or by sending
them by mail to the secretary or other designated officer of the fire
company, whose mailing address shall either appear in the application
packet or be available from the Borough Clerk.
(5)
The secretary or other officer designated to receive applications
shall date each application with the time of receipt and shall number
the application according to its order of receipt and shall number
the application according to its order of receipt relative to other
applications. He/she shall promptly send a letter or postcard to each
applicant stating the number of his application and the date and time
it was received.
(6)
Each company shall establish a membership committee consisting of
not more than 15 members which shall be solely responsible for evaluating
and ruling upon applications for membership. It shall, within 60 days
of receipt of an application by the company, make a report to the
company as to whether or not the applicant qualifies for membership.
Its decision shall be binding on the company, and no vote of the membership
shall be conducted on the issue of whether an applicant shall be admitted
to membership.
(7)
Applicants reported by the investigating committee to be qualified for membership shall be admitted in the order in which their applications were received as set forth in Subsection B(3) as soon as vacancies exist. If at any time the number of applicants found to be qualified exceeds the number of current vacancies, a waiting list shall be established according to the order in which the applications were received, and, upon the occurrence of vacancies, appointments shall be made therefrom in that same order.
(8)
If the membership committee determines that an applicant does not
meet the minimum requirements for membership, the company's secretary
shall promptly advise the applicant in writing of the rejection and
the qualifications, described with particularity, which he has not
substantially met.
(9)
Any company may require newly accepted applicants to serve a probationary
period of one year. During such probationary period, and at the conclusion
thereof, each active member serving a probationary period shall be
evaluated solely by the officers of the company who supervise him/her
in the performance of his/her duty based on performance criteria established
and maintained by the Department. They may cause the dismissal of
any active member serving a probationary period only for failure to
perform the established duties of an active member serving a probationary
period in a reasonably satisfactory manner, or other good cause, and
may do so by notifying the active member serving the probationary
period in writing of his/her dismissal and the particular reasons.
(10)
At the end of the probationary period, the supervising officers shall
determine whether or not the active member serving the probationary
period has satisfactorily performed the duties of an active member
serving a probationary period. If he/she has, the officers shall promptly
report to the membership that the active member serving the probationary
period has successfully completed the probationary period. If he/she
has not, the company shall promptly notify the active member serving
a probationary period in writing of their dismissal and the particular
reasons. No vote of the membership shall be conducted on the issue
of whether any active member serving a probationary period shall continue
as an active member serving a probationary period.
(11)
Any fire company, may, in its discretion, provide an intracompany
means for appealing rejections from applications for membership or
dismissals from membership.
(12)
Any of the above qualifications for membership, with the exception
of the requirement of a physical examination, may upon recommendation
of the full Board of Fire Officers, and upon application to the governing
body be waived by the Mayor and Council on an individual basis.
C.
Company line officers.
(1)
No firefighter shall be eligible for election as a company line officer
until:
(a)
He/she has completed three years as a volunteer firefighter
with the Bergenfield Fire Department.
(c)
Eligible candidates shall serve one full year as Lieutenant
before being eligible to be elected and serve as Captain. Eligible
candidates shall serve one full year as Captain before being eligible
to be elected and serve as Deputy Chief. Eligible candidate shall
serve one full year as Deputy Chief before being eligible to be elected
and serve as Chief.
(2)
Beginning 2020, any member who desires to be a company line officer
shall possess and provide the required training documentation to the
Eligibility Committee by September 1 of the current year to qualify
for election process for the following year. The Eligibility Committee
shall be composed of two members who are noncandidates from each fire
company appointed by the individual company presidents. This list
shall be maintained and reviewed on an annual basis by the Board of
Fire Officers.
D.
Reinstatement.
(1)
A former member of the Bergenfield Fire Department who has resigned
from the Department may be reinstated, provided such member has served
for seven years or more with the Bergenfield Fire Department and has
gained exempt status and received a qualifying certificate from the
New Jersey State Firemen's Association. However, any former member
of the Bergenfield Fire Department who has served for seven years
or more shall not be disqualified from being reinstated if such member
is unable to obtain a qualifying certificate as set forth above because
of being over the legal age limit established by the New Jersey Stated
Firemen's Association.
(2)
A former member admitted under the rules and regulations who has
not served the required seven years in the Fire Department may be
reinstated within one year from the date of his severance from the
Department, regardless of age.
(3)
All applications for reinstatement shall be accompanied by a certificate from a physician designated by the Department, if requested, showing a recent physical examination certifying good health, sound physical condition and ability to perform the duties ordinarily required of a firefighter. No applicant shall be reinstated unless his application has been approved in the same manner as provided in Subsection B pertaining to new applications.
(4)
No firefighter who is on leave of absence for reasons of health shall
be reinstated to active duty unless he presents a certificate from
physician showing that he is physically able to perform the required
duties.
E.
Suspension or removal; appeal.
(1)
Any member of the Fire Department who in any year has not been present
with apparatus and performed full duty at 25% of the fires and fire
alarms to which the companies or Department were called to and 25%
of the drills, shall upon written notice from the Board of Fire Officers
cease to be a member of the company or Department. The Fire Officers
may, upon good and sufficient reason for such absence, however, excuse
the same.
(2)
Formal charges of misdemeanor or unbecoming conduct, which may result
in the suspension or the removal of any officer or firefighter of
the Department may be preferred in writing to the Fire Board. An appeal
may be taken to the Mayor and the Council within 30 days from the
rendering of a decision by the Fire Board. The decision of the Mayor
and Council shall be final.
F.
Membership roll. It shall be the duty of the Borough Clerk to keep
a complete roll of active and exempt members of the Fire Department
designating the date of admission, residence, resignation, and the
respective companies to which they belong. Copies shall be forwarded
to the Chief of the Fire Department for the Bergenfield Fire Department
files, to the Exempt Association and the Relief Association.
G.
Election of company officers. The annual election of Captains and
Lieutenants of the companies shall be held by each company separately.
Each company shall elect its own officers. Elections shall be regulated
and governed as to time, mode and manner of conducting them by company
bylaws.
H.
Nonsuppression membership. An individual may make application to
the department in a nonsuppression classification. Said members shall
not qualify for LOSAP or clothing allowance. Duties and responsibilities
shall advance and aid the mission of the Bergenfield Fire Department.
They shall follow the rules set forth in the policy and procedures
manual of the Department.
A.
The career staff shall consist of as many officers and firefighters
as hereinafter approved.
B.
Qualifications for membership:
(1)
Over the age of 18.
(2)
A citizen of the United States.
(3)
Possess a high school diploma or equivalent.
(4)
Shall be physically fit to perform the duties of a firefighter,
such fitness to be evidenced by a certificate to that effect from
a physician duly licensed to practice in the State of New Jersey.
(5)
Candidates must meet those requirements and qualifications for
the entry-level position specified in Civil Service Law, rules and
regulations.
(6)
Pass a psychological exam administered by a Borough approved
vendor.
D.
Career members shall be subject to all ordinances, regulations, and
rules applicable to members of the Bergenfield Fire Department. Members
shall work under the rules promulgated by the Superior Officer of
the career staff, Civil Service and the Borough Administrator.
E.
The career members shall follow the National Incident Management
System and the organizational structure of the Bergenfield Fire Department
at the scene of fires, similar incidents or other firematic assignments.
F.
The members shall be responsible for fire inspections under the supervision
of the Fire Official or their designee.
A.
Nomination; election. The Chief, and Deputy Chiefs, shall be nominated
and elected for the term at the time and in the manner provided in
this subsection.
(1)
For the 2020 elections, candidates for the position of Chief and
Deputy Chief shall possess and provide the required training documentation
to the Eligibility Committee by September 1 of the current year to
qualify for election for the following year. A list of eligible candidates
shall be maintained and reviewed annually for each position.
(2)
The Chief and two Deputy Chiefs shall be elected by the members of
the Department at an election to be held at the December Department
meeting or as soon thereafter as practical. To be eligible to vote
in the Chief's election, members shall have made a minimum of
25% fire duty (call and drills). The eligible voting period shall
be October 1 of the previous year through September 30 of the current
year. This section shall take effect immediately upon passage.
(3)
Nomination for Chief and two Deputy Chiefs shall be made at the December
meeting. For the 2020 election the Eligibility Committee shall report
on the list of eligible candidates. No company shall be allowed to
have more than two of its members serve as chief officers if there
are no other qualified candidates.
(4)
If two members are nominated from the same fire company for the office
of Chief or Deputy Chief, both members shall be permitted to take
the offices they were nominated for; provided the following:
(5)
No one shall be nominated or elected to the office of Chief unless
he/she shall have held the office of Chief or Deputy Chief for a one-year
term served during the previous six-year period and completed the
following training by September 1, 2020:
(6)
No one shall be eligible to hold the office of Deputy Chief unless prior thereto he/she shall have held the rank of captain for a period of not less than one year and has completed the schooling and certification requirements set forth in § 17-18 and completed the following training by September 1, 2020:
(7)
The president or vice president of each company shall act as judges
at the designated place and time of election of Chief and Deputy Chiefs.
(8)
In the event of death, disqualification or resignation of the Chief
prior to taking office, the Department shall call a special election
to elect a qualified candidate for the office of Chief.
(9)
In the event of death, disqualification or resignation of the Chief
after taking office, the office of Chief shall be filled by the first
Deputy Chief. A special department meeting shall be called to elect
a new Deputy Chief to be held for the balance of the term.
(10)
In the event of the death, disqualification or resignation of
a Deputy Chief prior to or after taking office the members of the
Department shall immediately hold a meeting and nominate a replacement
candidate. The candidate having the majority of the votes cast at
such a special meeting shall be elected.
B.
Term of office. The term of Chief and two Deputy Chiefs shall commence
by taking the oath of office January 1 of each year and terminate
on the day when the new Chiefs take oath of office. No member shall
serve as Chief of Department for more than four consecutive terms.
C.
Removal. In order to disqualify the Chief or Deputy Chiefs, a special
Department meeting shall immediately be called. In order to call a
special meeting, a written letter on Department stationery with four
signatures of active members from each company shall be required,
and in order to hold the special meeting, a quorum of 50% of the active
members shall be present. Any charges of disqualification against
any officer involved shall then be heard and acted on by the Department.
The results of the meeting shall be referred to the Board of Fire
Officers and the Chairperson of the Fire Committee.
D.
Duties. The Chief shall have complete and full direction of the equipment
and personnel of the Department at all fires or when otherwise on
duty. In the absence of the Chief, the seniority indicated in the
official titles shall obtain.
A.
Exemption certificates will be granted to those members of the Fire
Department who have served the time prescribed by law. Members will
not be granted exemption certificates unless they have served the
required time and have also performed the yearly fire duty required
of them for a period equal in years to the number of years required
by the laws of the State of New Jersey before exemption will be granted.
B.
Certificates will be ordered by the Mayor and Council upon recommendation
of the Chairman of the Fire Committee and the Fire Chief, and will
be signed by the Mayor, the Chairman of the Fire Committee and the
Fire Chief, attested by the Borough Clerk. The time served and the
average of membership must be certified by the captain of the company
and the Fire Chief, and approved by the Chairman of the fire company.
No apparatus shall be taken out of the limits of the Borough
for the purpose of attending a parade or a fire convention without
first obtaining permission of the Fire Chief or the Fire Department
officer in command in the Chief's absence, or the Borough Administrator
or Chairman of the Fire Committee. Permission shall not be needed
for purposes of existing mutual aid agreements and conformance with
the State Deployment Act.
There shall be one annual official inspection of the Fire Department
by the Mayor and Council held on Memorial Day of each year.
No person shall:
A.
Pursuant to N.J.S.A. 40A:14-95 et seq., there is hereby established
in the Borough of Bergenfield a Jr. Fire Department of the Borough
of Bergenfield to be known as the Bergenfield Junior Firefighter's
Association, hereinafter referred to as the "organization."
C.
Organization.
(1)
The Junior Firefighter's Association shall consist of no more
than 20 members.
(2)
The organization shall be directed by three liaison officers who
shall be members of the regular Bergenfield Fire Department and be
classified as either present or former firematic officers of said
Department. Said officers are to be appointed by the Chief of the
Bergenfield Fire Department.
(3)
The rules and regulations governing the organization are to be established
by the Board of Fire Officers after submission to and approval by
the Mayor and Council of the Borough of Bergenfield.
D.
Qualifications for membership. The qualifications for membership
in the Bergenfield Junior Firefighter's Association shall be
as follows:
(1)
Each member shall be between the ages of 16 and 18 years.
(2)
Each member shall be a resident of the Borough of Bergenfield or
a contiguous municipality.
(3)
Each member shall pass a physical examination, identical to that
required for acceptance by the regular uniformed force of the Fire
Department. The cost of the examination shall be borne by the Borough
of Bergenfield.
(4)
Each member of the organization shall be required to obtain permission
from his or her parents or guardian pursuant to N.J.S.A. 40A:14-96.
Said permission shall be in writing, in the presence of one of the
liaison officers and acknowledged by a notary public or attorney of
the State of New Jersey.
E.
Rules and regulations. Pursuant to N.J.S.A. 40A:14-98, the Mayor
and Council of the Borough of Bergenfield hereby establishes the following
rules and regulations to govern the activities of the Junior Firefighter's
Association.
(1)
No junior firefighter shall be required to perform duties which would
expose said junior fireman to the same degree of hazard as a regular
member of a Volunteer Fire Department. More specifically, no junior
firefighter shall enter a burning structure or hazardous area until
said area is declared safe by the Bergenfield Fire Department.
(2)
Fire training for the Junior Firefighter's Association shall
be in such form and in such frequency as shall be ordered by the Board
of Fire Officers, which is hereby empowered to supervise, regulate
and control the training of the Junior Firefighter's Association
subject to the limitations imposed by law.
(3)
The Junior Firefighter's Association shall assist the Fire Department
at alarms. They shall attend their assigned company drills every month,
in addition to attending normal drills, meetings, cleanups, and inspections.
(4)
When traveling on a fire apparatus of any kind, the junior firefighter
must be seated and properly restrained on said vehicle.
(5)
All members of the Junior Firefighter's Association shall be
subject to the rules and regulations of the Bergenfield Fire Department,
and for these purposes said rules and regulations of the Bergenfield
Fire Department are hereby adopted and published as rules and regulations
of the Junior Firefighter's Association.
(6)
Applications for membership in the Bergenfield Junior Firefighter's
Association shall be made on approved forms, as prescribed by the
Board of Fire Officers of the Bergenfield Fire Department. The Department
shall supply to the Borough Clerk with application packets and the
Clerk shall distribute them on written request or on personal request
made during normal business hours. Completed application packets shall
submitted to one of the liaisons of the Junior Firefighter's
Association. The Board of Fire Officers shall act on all applications
within 30 days of their receipt. Applicants passed by the Board of
Fire Officers and approved by the Mayor and Council shall immediately
be placed on the membership rolls.
(7)
Violations. Any member of the Junior Firefighter's Association
who shall violate the rules and regulations of the Fire Department
shall be subject to disciplinary proceedings before the Board of Fire
Officers in such manner and form as they shall establish for these
purposes.
F.
Insurance coverage. Members of the Bergenfield Junior Firefighter's
Association shall be insured with the same coverage and with the same
amount as members of the regular Bergenfield Fire Department.
G.
Reports. Reports on the activities of the organization shall be submitted
by the Chief's appointed representatives at least every six months.
Said reports shall be submitted to the Board of Fire Officers and
the Mayor and Council.
H.
Responsibility. Association members are subject to the chain of command
and rules and regulations of the fire company to which they have been
assigned.
