§ 3-14. Fire Department.

A. 

Establishment. There shall be a fire department in the Borough of Wharton to be known as the Wharton Fire Department.

B. 

Organization. The Fire Department shall be composed of three separate fire companies to be known as: The Active Hose Company No. 1; Independent Hook and Ladder Company No. 1; and the Board of Fire Wardens. The total membership of the Fire Department is not to exceed 120 members, nor shall each company membership exceed 40 members.

(1) 

Board of Engineers. The Board of Engineers of the Fire Department shall consist of a Chief, a First Assistant Chief and a Second Assistant Chief. The Board of Engineers shall be elected to office at an annual joint meeting of the membership of the three companies of the Fire Department and recommended to the Mayor and Council of the Borough for appointment to their respective offices each calendar year.

(2) 

Rules and regulations. The Fire Department shall establish and maintain its own rules, regulations and bylaws, provided that they are consistent with and conform to all provisions of this chapter. Each company shall adopt its own bylaws, which shall be in accordance with the provisions of the Fire Department rules, regulations and bylaws and the provisions of this chapter.

(3) 

Membership.

(a) 

The membership of the Wharton Fire Department shall elect the following officers each calendar year, who will be recommended to the Mayor and Council of the Borough for appointment to these offices:

[1] 

Chief.

[2] 

First Assistant Chief.

[3] 

Second Assistant Chief.

[4] 

Engine Captain.

[5] 

Truck Captain.

[6] 

Lieutenant of Engine No. 320.

[7] 

Lieutenant of Truck No. 321.

[8] 

Lieutenant of Engine No. 322.

[9] 

Lieutenant of Truck No. 323.

(b) 

An applicant for membership into one of the companies of the Fire Department shall have been a resident of the Borough for at least one year prior to making application and shall be within the age limitations as adopted/amended by the New Jersey State Firemen's Association. An application for membership may also be accepted from a person who, within one year after leaving the fire department of another municipality, is within the age limit established by the New Jersey State Firemen's Association and is a citizen and resident of the Borough of Wharton at the time of application. Said applicant may be accepted and confirmed immediately with a waiver of the one-year requirement.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(4) 

Meetings. The Fire Department plus the three companies shall hold meetings once each month and shall keep a journal of their proceedings in accordance with the rules, regulations and bylaws as adopted/amended by the Fire Department.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. 

Duties of the Chief. The Chief of the Fire Department shall:

(1) 

Establish and maintain absolute control and supervision over the members of the Fire Department and all equipment and apparatus of the Fire Department at all fires, rescues and firematic activities.

(2) 

Supervise and control all persons not associated with the Fire Department who are assisting the Department at the scene of a fire or rescue.

(3) 

Maintain a complete record, on a current basis, of all fires, rescues and their causes, if known, which occur in the Borough.

(4) 

Take charge of and distribute badges and keys to the rooms where the fire apparatus is stored to all personnel of the Fire Department.

(5) 

Report in writing to the Borough Council at its regular meeting, and such other times as he may think proper, all matters of interest in relation to the Fire Department and its duties.

(6) 

Formulate and provide firematic training for new members.

D. 

Duties of the officers. It shall be the duty of the officers to assume the Chief's duties in his absence. The order of delegation of the Chief's duties shall be:

(1) 

First Assistant Chief.

(2) 

Second Assistant Chief.

(3) 

Engine Captain.

(4) 

Truck Captain.

(5) 

Lieutenant Engine No. 320.

(6) 

Lieutenant Truck No. 321.

(7) 

Lieutenant Engine No. 322.

(8) 

Lieutenant Truck No. 323.

E. 

Duties of members. It shall be the duty of each member of the Fire Department who has successfully passed all the state-mandated requirements to respond to all alarms of fire and rescue and to take direction from the officer in charge and to discharge to the best of his ability any and all instructions and orders from the officer.

F. 

Responsibilities of the Borough Council. The Borough Council shall:

(1) 

Provide the necessary fire and rescue apparatus and equipment required for the proper and adequate protection of life and property in the Borough.

(2) 

Provide adequate facilities for the proper housing and maintenance of all fire and rescue apparatus and equipment.

(3) 

Provide a meeting room for the exclusive use of all active and exempt Fire Department members.

(4) 

Provide sufficient badges and keys to the rooms where the fire equipment is stored to supply all members of the Fire Department.

G. 

Violations. Any member of the Fire Department violating any provisions of this chapter or the Fire Department bylaws shall, in addition to such other penalties as may be herein provided, be liable to expulsion from the Fire Department.

(1) 

A report of a violation presented to the Board of Engineers that results in the expulsion of a member shall be submitted to the Mayor and Council for final action.

(2) 

The Borough Council will, upon receiving such a report, refer it to an appropriate committee of the Council to ascertain and report on the validity of the Fire Department report. Full opportunity shall be given by the committee to the party complained of to be heard and defend himself. Any member thus complained of shall be suspended pending final action by the Mayor and Council.

(3) 

Failure to return badge, key and/or any other Borough-owned equipment to the Chief 10 days after ceasing to be a member of the Fire Department shall be considered cause to recover the missing property in addition to whatever expenses are incurred in so doing.