[HISTORY: Adopted by the Mayor and Council
of the Borough of East Rutherford 1-1-1982 as Sec. 6-4 of the 1982
Recodification; amended in its entirety 12-15-2020 by Ord. No. 2020-10. Amendments noted where applicable.]
The Fire Department of the Borough of East Rutherford shall
be and the same is hereby created, established and continued, coextensive
with the territorial jurisdiction of said Borough. The Fire Department
shall be governed in accordance with the bylaws duly adopted and enacted
by it, and any other guidelines adopted in accordance therewith. The
Fire Department and each company and member therein shall comply with
all applicable federal, state, county, municipal and departmental
guidelines, rules and regulations governing the operation of the Fire
Department and the deployment of personnel and equipment. Each Company
may adopt its own set of rules and regulations specifically applicable
to that Company.
A.Â
General. The Fire Department shall consist of one Chief, one Assistant
Chief, one Second Assistant Chief and one Third Assistant Chief, a
Board of Officers and such other officers as shall from time to time
be deemed necessary by the Council or created by the rules and regulations
of the Department, and the following companies, which are now organized
and established within the limits of the Borough of East Rutherford,
namely, Engine Company No. 1, Engine Company No. 2, Engine Company
No. 3 and Truck Company No. 1, and as many additional companies of
any class as the Council may from time to time deem necessary.
B.Â
Officers and members.
(1)Â
Election. The Chief and the First, Second and Third Assistant Chiefs
shall be elected in accordance with the rules and regulations established
by the Fire Department, namely the election guidelines and training
qualifications.
(2)Â
Chief.
(a)Â
At any fire or during any alarm of fire, the Chief shall have
sole and absolute command, control and management of the Fire Department
and all fire companies and fire apparatus thereof; it shall be the
Chief's duty to direct the officers and members under the Chief's
command and to see that the fire apparatus is placed in the most advantageous
position for the extinguishing of such fire or fires.
(b)Â
The Chief shall acknowledge the receipt of all orders and report
the execution of the same to the Chairman or other member of the Fire
Committee of the Council promptly after the receipt or execution of
such orders. It shall also be the Chief's duty to examine the
condition of the fire companies, fire apparatus, tools, appliances
and firehouses within the Borough every three months and report the
condition of the same to the Fire Department Board of Officers and
the Chairman of the Fire Committee of the Council after each said
inspection.
(3)Â
Assistant Chiefs. In the absence of or by delegation of authority
by the Chief, the First, Second or Third Assistant Chiefs, respectively,
shall be Acting Chief and shall perform all the duties of the Chief;
provided, however, that in the absence of the Chief and all three
Assistant Chiefs at any fire, the officer in command of the company
which arrives first at such fire shall act as Chief until the Chief
or an Assistant Chief arrives and takes command.
(4)Â
Removal.
(a)Â
For neglect, or of insubordination or for conduct unbecoming
an officer of the Fire Department or for failure to perform or omitting
to perform any act or duty necessary for the welfare and efficiency
of the Fire Department or the protection of the lives and property
of the inhabitants of the Borough, the Chief (or any Acting Chief)
shall be liable to dismissal by order of the Council after a trial.
The vacancy created by such dismissal shall be filled by the Mayor,
under recommendation of the Board of Officers, with consent of the
Council. Such appointee shall hold the office for the unexpired term
only.
(b)Â
Any Chief or any Captain or Lieutenant having charge of any
fire company or any other member of the Fire Department who disobeys
or refuses to obey any order given by a superior officer who is in
command at the time when said order is given shall, for such offense,
be liable to expulsion from the Fire Department, after a trial by
the Council of this Borough or by the Board of Officers, subject to
the approval of the Council.
(c)Â
Any officer or member of the Fire Department who is guilty of
insubordination or of conduct unbecoming an officer or member of the
Fire Department who fails to do any act or duty or omits to perform
any act or duty necessary for the welfare and efficiency of the Fire
Department or for the protection of the lives and property of the
inhabitants of the Borough shall, for such offense, be liable to expulsion
from the Fire Department, after a trial by the Council of the Borough
or by the Board of Officers, subject to the approval of the Council.
(5)Â
Command. The Chief (or the Assistant Chief) shall be subordinate
to and subject to the orders of the Mayor and the Chairman or other
members of the Fire Committee of the Council, and for that purpose
the Mayor and the Chairman or other members of the Fire Committee
are hereby declared to be the superior officers of the Department,
in that order; provided, however, that the authority of said Mayor
and members of the Fire Committee shall not be construed to include
the right to command the Fire Department at any fire or during any
alarm of fire, for in that case the control of the Fire Department
shall be vested as provided for above. All orders of this Council
shall be conveyed or delivered to the Chief (or Acting Chief) through
the Chairman or other members of the Fire Committee, and said Chief
(or Acting Chief) shall see that said orders are carried out, if they
pertain to his Department of its work, or promptly convey or deliver
said commands to the Captain of the company or companies for whom
said orders are intended.
(6)Â
Board of Officers.
(a)Â
The Board of Officers shall be the advisory body of the Fire
Department. It shall consist of the Department President, who shall
be the presiding officer of the Board, Department Vice-President,
Department Secretary, Chief of the Department, the First, Second and
Third Assistant Chiefs and the Captain and Lieutenant of every company,
and shall meet not less than once every month. It shall be the duty
of the Board of Officers to adopt and implement rules and regulations
governing the Fire Department.
(b)Â
It shall be the duty of the Board of Officers to report to the
Fire Marshal, in writing, upon the existence of defective exits or
lack of exits in buildings in the Borough that might prove dangerous
or inadequate in case of fire for the safe escape of persons gathered
therein, upon the existence of any collection or manufacture of material
of inflammable character and upon any and all other matters which
might prove dangerous in case of fire or which would tend to improve
the efficiency of the Department; said Board shall adjudicate all
minor disputes in or among the various companies that may be referred
to it, but such adjudication shall always be subject to appeal to
the Council; it shall make a yearly report to the Council, in writing,
of the efficiency, attendance and practice, service and fire duties
performed by every member of the Department as a basis for promotion
or the right to compensation or to participate in the annual Department
elections; it shall examine and approve the bylaws of the various
fire companies and submit a report of such approval to the Council,
together with a copy of said bylaws; and it shall also prescribe a
uniform and correct method of keeping the records of the attendance
and the performance of practice, service and fire duties of every
member of the Department, which said records shall be kept by the
secretary of each company, so that all reports shall be based upon
uniform, accurate and adequate information.
(7)Â
Qualifications. Membership shall be open to all persons who are able
to perform firefighter duties and to meet the criteria set forth in
this chapter, without discrimination on the basis of an applicant's
race, creed, color, sex, age, national origin, ancestry, marital status,
or physical handicap. No person shall become a member of the Fire
Department of the Borough of East Rutherford or of any of the companies
thereof unless he is a citizen of the United States or is actively
seeking citizenship in the United States and produces evidence of
same, who must be of good moral character. No person shall become
a member of the Fire Department of the Borough of East Rutherford
or of either or any of the companies thereof unless a resident of
at least six months' standing within said Borough, his age not
less than 18 years and no more than the maximum age established by
the New Jersey State Firemen's Association for qualification
of benefits, and shall be in good physical condition and able to perform
the duties of a firefighter in accordance with New Jersey Division
of Fire Safety Standards, have a medical examination conducted and
signed by a licensed practicing physician of the State of New Jersey,
pass a physical assessment established by the Fire Department's
rules and regulations. The candidate shall authorize the Fire Department
of the Borough of East Rutherford to conduct and order criminal history
background check conducted for any new applicant seeking membership
to the Fire Department. This will include the authority to conduct
criminal history name search, identification checks and/or fingerprint
identification checks as authorized by N.J.S.A. 53:1-20.6 and N.J.A.C.
13:59-1.2. Any and all information obtained will be utilized only
for the purpose of evaluating applicants and their abilities for volunteer
service. Any member's appointment shall have been first approved
by the Mayor and Council of the Borough as herein provided. The name
of a member of the Fire Department shall be dropped from the Roster
by the Borough Clerk when said Clerk has been notified by the Board
of Officers that such member has resigned or has been dismissed or
expelled from the Department. In the event that there is a demonstrated
need by the Fire Department for more manpower in order to ensure the
safety of the residents of the Borough of East Rutherford and no residents
being available for membership, members may be accepted from the municipalities
in Bergen County which border East Rutherford. There must be a clear
demonstrated need, and there must be no other qualified East Rutherford
resident available in order for this provision to be utilized.
(8)Â
Approval, registration and certification. Upon the election of a
member thereof by any fire company recognized or hereafter organized
under this chapter, the secretary of the Board of Officers shall report
the name of said elected member to the Council, in writing, at the
first meeting thereof following said election, and if the name of
such member so elected is approved of by the Council, it shall be
entered by the Borough Clerk in a book to be kept for that purpose
and to be known as the "Roster of the Fire Department of the Borough
of East Rutherford," which book shall contain a full and correct copy
of this chapter and all amendments thereof and supplements thereto,
as well as the name and addresses of all of the members of the Fire
Department and the date of their admission to the Department.
(9)Â
Leave of absence. In case any member of the Fire Department shall
require a leave of absence for reasons of a personal nature, medical
condition, education, or military service, such leave may be granted
by the Board of Officers in accordance with the Fire Department's
rules and regulations governing leaves. Any member that does not meet
the criteria of the established rules and regulations for leave may
be subject to dismissal by the Board of Officers and Council. The
Board of Officers' Secretary will keep an accurate log of all members
on leave and the duration of time granted and taken. Upon adoption
of this chapter, no length of service time shall be accumulated by
members on leave, except when the leave is for military service.
(10)Â
Inactive members.
(a)Â
Any active firefighter who has reached 25 years of service may,
upon obtaining that length of service, become a retired member of
the Fire Department.
(b)Â
All retired members of the Fire Department shall have all of
the rights and duties and privileges of an active member, except that
a retired member shall not perform operational firematic duties and
shall not serve as a supervisory officer, nor shall a retired member
have the right to vote for any departmental officer or to vote for
a firematic officer of the company. Retired members shall be entitled
to serve in administrative and other support positions deemed appropriate
by the Board of Officers, and shall be entitled to receive compensation
as defined in the Fire Department's rules and regulations.
(c)Â
Any active firefighter who has reached the age of 70 years must
supply the Borough with a yearly clearance letter from their physician
or a physician designated by the Borough, stating that said person
is capable of performing the duties of an active firefighter in accordance
with New Jersey Division of Fire Safety Standards and the rules and
regulations of the East Rutherford Fire Department. If this person
cannot perform these duties, that person must resign or become a retired
member of the Fire Department.
The government and management of each fire company shall be
according to the bylaws and its own rules and regulations which shall
be reviewed and approved by the Board of Officers, provided that the
same shall not be inconsistent with the provisions of this chapter.
The bylaws shall be required to be reviewed every five years by the
East Rutherford Fire Department Board of Officers. The Board of Officers
shall recommend amendments when necessary to the Mayor and Council
of the Borough of East Rutherford. The Mayor and Council shall adopt
any amendments by resolution. If no amendments are sought, the Chief
shall prepare a report to the Mayor and Council indicating that the
review has been conducted and that the Board of Officers finds that
no amendments are necessary.
No vehicle, apparatus, or equipment of the Fire Department shall
at any time be taken out of any firehouse for any purpose other than
emergency response, approved Department activities, unless an appropriate
officer of the Fire Department gives consent or permission.
The secretary of every fire company shall keep a full, true
and correct record of the attendance and of the fire duty, practice
duty and service duty performed by each and every member of his company,
according to the rules prescribed by the Board of Officers.
A.Â
Every active member of the Fire Department of the Borough of East
Rutherford who shall meet the specified performance measures of the
rules and regulations of the Fire Department, including but not limited
to responding to fires and emergencies, practice and service duties,
unless prevented from such performance of duty by sickness or actual
or necessary absence from the Borough, shall receive a clothing allowance
in accordance with the bylaws, which shall be subject to the approval
of the Mayor and Council.
B.Â
Report. The Board of Officers shall submit to the Council an annual
report in writing on or before the first day of December of each year
stating the percentage of each class of duty rendered by each member
of the Fire Department during the year ending on the 30th day of September
previous thereto. The report will include the amount due to each member
and the names of those who were prevented from active duty due to
approved or unapproved absence and whether or not such members are
or are not entitled to receive the aforesaid yearly compensation.
Said report shall be certified as correct and sworn to by the Chief
(or Acting Chief); and thereupon the Council, at a subsequent regular
meeting, shall provide for the payment of the amount due to each member,
according to the annual report. Any member feeling aggrieved by said
report may appeal to the Council, and such appeal shall be heard by
the Council after giving the Board of Officers and the appealing member
at least three days' notice of the time and place of such hearing.
No member of the Fire Department shall be entitled to receive such
compensation until he/she has paid all taxes, fines, debts or other
liabilities due from the member to the Borough.
C.Â
Pro rata. Any member of the Fire Department serving less than one
year shall be paid a pro rata share of the same compensation for the
period of his service; that is to say, a new member shall be paid
from the time of his admission, and a retiring member shall be paid
for his services up to the time of his resignation or the severance
of his relations with the Fire Department in any way whatsoever, except
dismissal or expulsion, in which case he shall forfeit all his rights,
provided that he shall have met the performance standards of duty
as above provided during the time he is connected with the Department.
A Junior Firefighters' Program is hereby established as
part of the Volunteer Fire Department of the Borough of East Rutherford
pursuant to the provisions of N.J.S.A. 40A:14-95 et seq. and subject
to the supervision of the Chief. The members of the Program shall
be known as the "Junior Firefighters."
East Rutherford who is less than 16 or more than 18 years of
age. Any person between the ages of 16 and 18 shall be required to
obtain permission to join the auxiliary from their parent or guardian
in writing on a notarized form.
The Borough of East Rutherford's Fire Department is hereby
authorized to create a separate Junior Firefighter's Auxiliary;
and the rules, regulations and policies previously adopted setting
forth the training of the auxiliary for eventual membership in the
Volunteer Fire Department of the Borough of East Rutherford are hereby
ratified and incorporated herein and any changes shall be adopted
by said Fire Department and approved the Council of the Borough of
East Rutherford.
No Junior Firefighter or member of a Junior Firefighter's
Auxiliary shall be required to perform duties which would expose him
or her to the same degree of hazard as a regular member of the Volunteer
Fire Company of which the organization is an auxiliary.
All rules and regulations established by the East Rutherford
Fire Department for the purposes of operation of a Junior Firefighter's
Auxiliary upon approval by the Council of the Borough of East Rutherford
shall be incorporated herein by reference. A copy of the same shall
be on file with the Borough Clerk at all times together with a copy
of the same being available to the parent or guardian of any minor
member of a Junior Firefighter's Auxiliary through the Fire Chief.
