Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Cedar Grove 10-21-1929; amended in its entirety 5-5-1952 and 1-6-1964, Ch. 17, Art. 2, of the former Revised Ordinances. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 3.
Length of Service Awards Program — See Ch. 39.
Volunteer organizations — See Ch. 74.
Outdoor burning — See Ch. 107.
Fire prevention — See Ch. 137.
STATUTORY AUTHORITY
Fire departments generally — See N.J.S.A. 40A:14-7 et seq.
Establishment of departments — See N.J.S.A. 40:69A-90.
The Volunteer Fire Department, heretofore established in the Township, is hereby continued. The Volunteer Fire Department, herein referred to as the "Fire Department," shall consist of the following existing companies:
A. 
Cedar Grove Engine Company No. 1.
B. 
Cedar Grove Engine Company No. 2.
C. 
Cedar Grove Engine Company No. 3.
D. 
Such other companies as may be established from time to time by action of the Township Council.
[Amended 4-5-1971 by Ord. No. 70-24; 10-15-1979 by Ord. No. 79-113]
The membership of Engine Company No. 1 (Center) shall consist of a maximum of 32 persons, including a Chief Officer, Captain and Lieutenant. The membership of Engine Company No. 2 (North End) and Engine Company No. 3 (South End) shall each consist of a maximum of 28 persons, including a Chief Officer, Captain and Lieutenant. Each company shall select its own members. Each company member shall become a member of the Fire Department subject to certification by the Fire Chief that he meets the qualifications set forth in § 23-3.
[Amended 4-5-1971 by Ord. No. 70-24; 12-18-1972 by Ord. No. 72-20]
No person shall be eligible for membership in the Fire Department unless he meets the eligibility requirements for membership in the New Jersey State Firemen's Association, is a member in good standing in one of the Fire Companies and, in addition, possesses the following qualifications:
A. 
Be a citizen of the United States and at least 18 years of age.
[Amended 2-4-1991 by Ord. No. 91-376]
B. 
Be a resident of the Township of Cedar Grove and be a resident of the Township for at least six months prior to membership.
[Amended 2-4-1991 by Ord. No. 91-376]
C. 
Be able to read and write the English language intelligently.
D. 
Be the holder of a currently valid driver's license issued by the Director of the Division of Motor Vehicles of the State of New Jersey.
E. 
Never have been convicted of a crime or offense involving moral turpitude.
F. 
Be of good moral character.
G. 
Be sound in mind and body and in good health, to be evidenced by the certification of the Township Physician stating that, after a physical examination of the candidate, he has found the candidate to be physically and mentally fit to perform the duties of volunteer firemen.
H. 
Complete and maintain all federal- and state-mandated training as required to perform the duties of fire fighter in the State of New Jersey.
[Added 6-17-2002 by Ord. No. 02-580]
I. 
Complete any additional training that may be required by the Cedar Grove Fire Department Rules and Regulations.
[Added 6-17-2002 by Ord. No. 02-580]
[Amended 4-5-1971 by Ord. No. 70-24]
A. 
In order to remain a volunteer fireman, a man must continue to be a member in good standing in one of the Fire Companies. Any action under the bylaws of the particular company resulting in his removal or dismissal will automatically result in his removal or dismissal as a member of the Volunteer Fire Department, without right of appeal to any higher authority.
B. 
A volunteer fireman must continue to maintain the membership qualifications set forth in § 23-3 of the Code of the Township of Cedar Grove, except that after having attained an exempt qualifying certificate from the New Jersey State Firemen's Association from Cedar Grove and having completed seven years of service, such member may reside in a municipality whose boundary is contiguous with that of the Township of Cedar Grove. Any member maintaining membership under the above exception may not hold a line officership in the Department.
[Amended 2-4-1991 by Ord. No. 91-376]
Every member of the Fire Department shall subscribe to, and take the following oath before the Township Clerk: "I do solemnly swear that I will support the Constitution of the United States, and of the State of New Jersey, the laws and ordinances of the Township of Cedar Grove, and obey all rules and regulations and orders of the Cedar Grove Volunteer Fire Department, and faithfully discharge the duties as a member thereof, and faithfully serve the Township of Cedar Grove according to the best of my knowledge and ability, so help me God."
[Amended 6-17-2002 by Ord. No. 02-580]
A. 
Each candidate for Captain and Lieutenant shall have successfully proven that he or she meets the following qualifications:
(1) 
Fire-fighting ability.
(2) 
Administrative ability.
(3) 
Complete and maintain all federal- and state-mandated training as required to perform the duties of Captain or Lieutenant in the State of New Jersey.
(4) 
Complete any additional training that may be required by the Cedar Grove Fire Department Rules and Regulations.
B. 
Each candidate for driver shall have successfully proven that he or she meets the following qualifications:
(1) 
Successfully complete pump training or equivalent.
(2) 
Complete and maintain all federal- and state-mandated training as required to perform the duties as a driver in the State of New Jersey.
(3) 
Complete any additional training that may be required by the Cedar Grove Fire Department Rules and Regulations.
C. 
Elections. The members of each company shall, on or before the third Tuesday in December of each year, elect the following officers and drivers to serve during the ensuing year: Captain, Lieutenant and at least three drivers who shall be numbered one, two, and three, and shall be ranked accordingly. The terms of all elected officers and drivers shall be for one year and they shall commence their duties on January 1 following their election. All elected officers and drivers shall serve until their successors are elected and qualified.
[Amended 9-15-1969 by Ord. No. 69-14]
A. 
Each candidate for Chief and Deputy Chief shall have successfully proven that he or she meets the following qualifications:
[Amended 6-17-2002 by Ord. No. 02-580]
(1) 
Fire-fighting ability.
(2) 
Administrative ability.
(3) 
Complete any additional training that may be required by the Cedar Grove Fire Department Rules and Regulations.
(4) 
Complete and maintain all federal- and state-mandated training as required to perform the duties as a Chief or Deputy Chief in the State of New Jersey.
(5) 
Shall have taken several fire-fighting courses such as given by Rutgers University, North Jersey Fire School and other similar training agencies.
(6) 
Service as Deputy Chief shall not be required from candidates for Chief.
B. 
The Chief and two Deputy Chiefs of the Fire Department, no two of whom shall be from the same company, shall be elected at a joint meeting of the various companies annually on or before the third Tuesday of December. The terms of office shall be for one year, and they shall commence their duties on January 1 following their election and certification by the Township Manager that they meet all of the above-mentioned qualities set forth in Subsection A of this section. All elected officers shall serve until their successors are elected and qualified.
C. 
In the event that the Chief or First Deputy Chief is unable to complete his term due to death, resignation or impeachment, his office shall be filled by the next ranking officer immediately. The vacant post shall then be filled by a special election at the next regular meeting of the Department. It is the intent of this section that the only office subject to election shall be the office of the Second Deputy Chief. And further, those officers moving up shall serve for the balance of the unexpired term.
The Township Manager shall:
A. 
Have administrative control over the Fire Department, except as provided in § 23-9A.
B. 
Perform such other duties in connection therewith as may be lawfully prescribed by the Township Council.
C. 
Receive from the Chief of the Fire Department his annual report and recommendations referred to in § 23-9.
D. 
Recommend to the Township Council the purchase of all supplies and apparatus and the expenditure of all moneys. If the Fire Department has any objections to the said recommendations, it may make such objections known directly to the Council.
E. 
Prefer charges against any member of the Department whenever, in his opinion, the Department and the Fire Chief have failed to take proper action. In such cases the hearing shall be before the Fire Chief.
A. 
The Chief of the Fire Department shall be the chief fire executive officer in charge of the Department. He shall be supreme in command at all fires within the Township.
B. 
He shall submit monthly reports to the Township Manager on or before the 10th of each month covering the preceding month's activities and an annual report on or before the 31st day of January of each year covering the preceding year's activities. Reports shall consist of:
(1) 
A list of fires attended during the preceding month and year.
(2) 
Matters specifically requested by the Township Manager to be considered and referred to in said report.
(3) 
Recommendations for rules and regulations which the Fire Chief may deem advisable and for the good and welfare, government and discipline of the Department.
C. 
The Chief of the Fire Department shall, on request of the Township Manager and at such other times as the Chief shall deem necessary, furnish a written list of the supplies and apparatus necessary or proper for the operation of the Fire Department and such other financial items as shall be reasonably required by the Fire Department to adequately fulfill its obligations to the Township.
D. 
The Chief of the Fire Department shall have the authority to issue orders for the members of the Fire Department, not inconsistent with the laws of the State of New Jersey, the ordinances of the Township and the policies of the Township Council. The rules and regulations of the Fire Department shall be written or printed and shall be recorded in a bound book to be kept for that purpose. Every member shall receive a copy thereof.
E. 
The Chief shall designate a chain of command which shall function in his absence.
[Amended 7-14-1986 by Ord. No. 86-274]
Any member or officer of the Fire Department or Fire Prevention Bureau shall be subject to discipline by reprimand, demotion in rank, suspension or dismissal, according to the nature and gravity of his offense, if found guilty of any of the following charges:
A. 
Willful disobedience of orders.
B. 
Disrespect to a superior officer.
C. 
Refusal or failure to attend fires or fire drills.
D. 
Immorality, indecency or lewdness.
E. 
Neglect of duty.
F. 
Violation of any criminal law or penal ordinance.
G. 
Conduct subversive of good order and discipline of the Department.
H. 
Disobedience or violation of any rule or regulation of the Fire Department or order of the Fire Chief established pursuant to this chapter.
[Amended 7-14-1986 by Ord. No. 86-274]
A. 
Subject to the provisions contained in Subsection B of this section, whenever charges are brought against a member of the Fire Department or Fire Prevention Bureau, a hearing shall be held before the Fire Chief, who shall make the final determination as to what action, if any, is to be taken in the case. The hearing before the Chief shall be handled in the procedure set forth in the Personnel Ordinance [1] of the Township as if the hearing were being held before the Township Manager, and the fireman against whom the charges have been made shall be entitled to call upon the Personnel Advisory Board, composed of members of the Township Council, to render an advisory opinion to the Fire Chief before he makes his final determination.
[1]
Editor's Note: See Ch. 52, Personnel.
B. 
Whenever charges are brought against the Fire Prevention Bureau Director relating to his administrative duties under Chapter 137 of the Code of the Township of Cedar Grove, a hearing shall be held before the Township Manager in accordance with the procedure set forth in the Personnel Ordinance.
A. 
There shall be kept at each fire station a book and/or electronic equivalent to be known as the "Company Journal." The journal shall be kept so as to present an accurate and complete history of the operations and duties of each company for each day. Each item recorded in the journal shall be briefly but clearly stated along with the exact time of its entry.
[Amended 6-17-2002 by Ord. No. 02-580]
B. 
All entries in the journal shall be in chronological sequence and if in book form no erasures or obliteration should be used. Instead, a line should be drawn through the error and followed on the next line with the correct statements. Each entry shall be authenticated by a signature.
[Amended 6-17-2002 by Ord. No. 02-580]
C. 
The Company Journal should be kept in a designated place when not in use, and inaccessible to unauthorized persons.
[Added 5-7-1979 by Ord. No. 79-89]
A Fire Prevention Bureau is hereby established in the Fire Department of the Township of Cedar Grove for the purpose of implementing and performing the functions required under Chapter 137, Fire Prevention, of the Code of the Township.
A. 
Fire Prevention Bureau membership.
[Amended 3-17-1980 by Ord. No. 80-127]
(1) 
The Fire Prevention Bureau shall consist of the Fire Chief and nine Fire Prevention Bureau Inspectors who shall be appointed by the Township Manager for terms of three calendar years from among the nominated members of the three fire companies equally, except as provided below.
(2) 
The President of each said fire company shall, upon the approval of the membership of his company at a regular meeting, nominate qualified persons from his company for approval and appointment by the Township Manager.
(3) 
In the event that any fire company is unable to nominate at least three persons or such lesser amount as required to fill vacancies for the Fire Prevention Bureau, the Chief of the Fire Department shall select a qualified nominee(s) from any fire company, regardless of equal fire company representation on the Bureau.
(4) 
The initial terms of inspectors appointed shall be as follows:
(a) 
Three inspectors (one from each company): term to expire December 31, 1982.
(b) 
Three inspectors (one from each company): term to expire December 31, 1981.
(c) 
Three inspectors (one from each company): term to expire December 31, 1980.
(5) 
All terms subsequent to the initial appointment terms shall be for three years. Vacancies shall be filled for unexpired terms in the same manner as other appointments to the Bureau by the Township Manager.
B. 
Qualifications of inspectors. Nominees for appointment as Fire Prevention Bureau Inspectors must satisfy the following qualifications:
[Amended 7-14-1986 by Ord. No. 86-274]
(1) 
Active membership in good standing of a Fire Company or life membership in good standing of a Fire Company having obtained an exempt qualifying certificate from the New Jersey State Fireman's Association.
(2) 
Residence in the Township or, if such nominee shall have received exemption status from the New Jersey State Fireman's Association, residence in a contiguous town.[1]
[1]
Editor's Note: Former Subsection B(3), which immediately followed this subsection and which required certification from the Bureau of Fire Safety as a qualification of nominees for appointment as inspectors was repealed 5-2-1988 by Ord. No. 88-312.
C. 
Supervisory and clerical personnel. The Fire Prevention Bureau shall be supervised and directed by the Fire Chief of the Township with respect to all aspects of enforcement and inspection under Chapter 137, Fire Prevention, of the Code of the Township of Cedar Grove. The Fire Chief shall be assisted by the Fire Prevention Bureau Director, who shall be responsible for the administrative duties delegated to him by the Fire Chief and for the duties under Chapter 137, Fire Prevention, of the Code of the Township of Cedar Grove. The Fire Prevention Bureau Director shall be appointed by the Fire Chief with the advice and consent of the Township Manager and shall be under the direct supervision of the Fire Chief with respect to the administrative duties described in Chapter 137, Fire Prevention, with ultimate supervisory power over such administrative duties resting with the Township Manager. The Director shall serve for a period of one year or until his successor shall be appointed. The members of the Fire Prevention Bureau shall annually elect a Secretary who shall serve for a period of one year or until his successor is elected.
[Amended 7-14-1986 by Ord. No. 86-274; 5-2-1988 by Ord. No. 88-312]
D. 
Duties. Inspections of all existing commercial, industrial and multifamily buildings and structures shall be conducted by the Fire Prevention Bureau on a regular basis, at least annually, and written records of such inspections shall be kept by the Bureau on forms to be established by the Bureau as may be approved or revised from time to time by the Township Manager. Copies of any such records shall be provided to the Township Manager at his request. Notwithstanding anything to the contrary herein contained, it is not the intention of this chapter to establish the Fire Prevention Bureau as the local enforcement agency of the Uniform Fire Safety Act pursuant to N.J.S.A. 52:27D-202a. The function of the Fire Prevention Bureau shall be in addition to the enforcement of such Act by the State of New Jersey as permitted by N.J.S.A. 52:27D-202b.
[Added 5-2-1988 by Ord. No. 88-312]