Title
AN ORDINANCE AMENDING TITLE II, CHAPTER 21, FIRE DEPARTMENTOF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, BY AMENDING ARTICLE 1, AND ADDING ARTICLE 5, TO AUTHORIZE THE PROVISION OF EMERGENCY MEDICAL AND FIRE-RESCUE SERVICES BY THE FIRE DEPARTMENT AND CHARGE FEES.
Invitation: Fire Director, August 21, 2013
Body
WHEREAS, the New Jersey State Legislature, in N.J.S.A. 40A:14-7, et seq. has authorized municipalities to establish Fire Departments, and;
WHEREAS, the City of Newark seeks to amend Revised Ordinance, Title II, Chapter 21, to add Article 5, to authorize the performance of emergency medical and rescue services by personnel in the employ of the City of Newark, Fire Department; and
WHEREAS, this amendment will authorize the Fire Department to charge and collect fees to recover expenses incurred in its life-saving work in the City of Newark, so that it can better serve the residents of the City of Newark;
WHEREAS, this amendment enables the Fire Department to establish an exploratory pilot program for the provision of emergency services by Fire Department employees, in conjunction with their partners at University Hospital, and in furtherance of that effective partnership; and
WHEREAS, the City of Newark Fire Department has been performing rescue services for residents and has all of the necessary equipment to continue to do so; and
WHEREAS, these amendments will satisfy the above goals while allowing for the continued efficiency and proper functioning of the Fire Department.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. Title II, Chapter 21, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented, is hereby amended to read as follows:
[Note: Additions are bolded and underscored and deletions are stricken.]
CHAPTER 21 FIRE DEPARTMENT
ARTICLE 1 Administration
2:21-1. ESTABLISHMENT OF THE FIRE DEPARTMENT.
2:21-1.1. Establishment; Head.
There shall be a Fire Department, the head of which shall be the Director of Fire. (R.O. 1966 §20:2-1)
2:21-1.2. Powers and Duties of Fire Department.[2]
The Fire Department shall have exclusive jurisdiction over the control, fighting and extinguishment of any conflagration which occurs within the City limits. The Department shall:
a. Provide firefighting service for the extinguishment of fires and the necessary and incidental protection of life and property in connection therewith throughout the City and upon vessels in any waters within or adjacent to the City or upon any dock, wharf, pier, warehouse or other structure bordering upon or adjacent to such waters;
b. Direct or cause any vessel moored to or anchored near any dock or pier or in any waters within or adjacent to the City to be removed to and secured at such place as shall be designated by the Director or the Chief Engineer whenever any such vessel shall be on fire or in danger of catching fire, or may be, by reason of its condition or the nature of its cargo, a fire menace to shipping, to other property on the waterfront, to the inhabitants of the City;
c. To designate and fix the location of fire alarm telegraph, signal and alarm stations in the City, and construct, install, operate, repair and maintain the City's fire alarm telegraph and signal systems;
d. Investigate the cause, circumstances and origin of fires and report every case of suspicion of arson to the County Prosecutor;
e. Inspect and test any automatic or other fire alarm system or fire extinguishing equipment;
f. Be authorized to enter upon, without fee or hindrance, all premises, grounds, structures, buildings, vessels and passages whenever necessary in the performance of its duties;
g. Operate a training program to maintain and improve the fire fighting efficiency of the members of the Department;
h. Maintain a Bureau of Fire Prevention and Fire Safety Inspection and administer State Uniform Fire Safety Act.
i. Have the authority to provide Emergency Medical and Fire-Rescue services to residents and visitors to the City of Newark and in those communities in which the City of Newark is providing mutual aid services and charge and collect fees for the purpose of cost recovery in accordance with a Schedule of Charges. Since City residents support the provision of fire department services through payment of real property taxes and other fees and charges, these charges shall only apply to residents or persons domiciled in the City of Newark who are insured. Non-residents or persons not domiciled in the City of Newark shall be charged whether insured or uninsured.
* * *
Article 2 (no change)
Article 3 (no change)
Article 4 (no change)
ARTICLE 5 EMERGENCY MEDICAL AND FIRE RESCUE SERVICE
2:21-4.1. Authority.
The Fire Department of the City of Newark is hereby authorized to conduct emergency fire rescue operations and provide emergency medical services to residents and others in need of such services. Those services shall include but not be limited to extrication from vehicles, rendering basic life support services and transportation to medical facilities for further treatment and care.
2:21-4.2. Qualifications.
Individuals who will be staffing ambulances shall have successfully completed a course of Basic Emergency Medical Technician(EMT), approved by the New Jersey State Department of Health and Senior Services and hold a certification as an EMT, or such further designation as shall be given to that certification from the State of New Jersey.
2:21-4.3. Powers and Authority.
Individuals who will be staffing ambulances and rescue vehicles shall have such power and authority as granted to them by the police power, local ordinance and custom and practice in the field of emergency medical services, fire-rescue service and the curriculum approved by the State of New Jersey, Department of Health and Senior Services for their level of training and certification, along with the powers granted by N.J.S.A. 40A:14-7, as amended and supplemented.
2:21-4.4. Schedule of Charges; Billing and Collection.
The Fire Department shall have the authority to impose and collect fire-rescue and emergency medical service fees in accordance with a Schedule of Charges, which shall be established by the Fire Department, in consultation with the Director of Finance and filed with the City Clerk on an annual basis. To the extent a schedule is not filed during a particular fiscal year, the prior year schedule shall be applicable. The Schedule of Charges shall include fees for emergency medical services provided by EMT's employed by the Fire Department, equipment provided to the patients, ambulance transport charges and fees for fire-rescue services, such as extrication and equipment provided to patients, and such further charges as shall be determined to be necessary and proper to perform the functions herein authorized, offset expenditures and provide necessary training and provide for equipment purchase, repair, maintenance and replacement.
2:21-4.5. Third-Party Billing Services.
To the extent necessary, the Director shall have the authority to hire or cause to be hired a third-party billing vendor to bill and collect such emergency medical service fees and/or fire-rescue service fees. Such procurement shall be in compliance with the Local Public Contracts Law, N.J.S. 40A:11-1, et seq., as may be amended and supplemented.
Section 2. If any section, paragraph, subdivision, clause or provision of this ordinance shall be judged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective.
Section 3. All Ordinances or parts of ordinances inconsistent herewith are hereby repealed as to such inconsistency.
Section 4. This Ordinance amendment shall take effect upon final passage and publication in accordance with New Jersey law.
STATEMENT
This ordinance amending Title II, Chapter 21, by amending Article 1 and adding Article 5, to authorize the Fire Department to perform certain services and charge fees.