The Bergen County Fire Chiefs Association eNewsletter! - 2011/4

Editor: Jack J. Murphy! PAGE 1

The Command Post  What a year it was, 2011 was defined by the fury Mother Nature deciding to unleash havoc on us this past year and the still lingering financial issues facing not only residents, but every town and Fire Department in Bergen.

It seemed as if we never got a reprieve from the weather. It started out in January when everyone was still digging out from nearly 30 inches of snow from the Christmas 2010 blizzard, residents were walloped with another 30 inches of snow throughout the month. How much snow is that? Well remember how towns reported that snow removal budgets for the season were drained and you remember how the roads become one-way streets because of the enormous snow piles. And just to prove it, a 50-foot length of the parapet wall on the vacant Zanadu, or American Dream, or American Dream Meadowlands, or Triple Five, or whatever it will be called, complex buckled sending enormous sections of ice and snow hurling to the roadway below. No one was injured, but it seemed ironic that the parapet was on top of the indoor ski dome. Didn’t anyone realize it might snow not just in Zanadu, but on it. Just hope that, no matter what the new name is, there’s a few dollars left for an exterior paint job.

The U.S. Census Bureau releases statistics from the 2010 Census that show population growth in all parts of Bergen County and pegged us at a population of 905,116 residents.

In August, the area was shaken by an earthquake and just a week later, Hurricane Irene unleashes her fury on the East Coast and locally, the historic storm flooded entire neighborhoods, uproots thousands of trees and displaces hundreds if not thousands of residents. The cresting of the Passaic River, Hackensack River and many other water tributaries sent floodwaters higher and into more areas then anyone can remember, many homes were deemed uninhabitable. Many firefighters worked countless hours away from your own homes and families wading through flood water [read that as raw sewerage] to help residents get to higher ground.

In September we joined hands in solidarity on the 10th anniversary of the day we will never forget. The Emergency Services of the county dedicated a monument to the sons of Bergen County lost on September 11, 2001 and in the continuing War against Terrorism.

A freak October snowstorm blew through the area, dumping several inches of snow on leaf-covered trees. And again we worked countless hours clearing roads so we could answer another seemingly endless number of calls for help as everyone was left dealing with enormous cleanup efforts to handle downed trees, collapsed buildings and wires everywhere.

November and December passed relatively quietly with somewhat fickle weather leaving us in anticipation of 2012 and what Mother Nature and a stagnate world wide economy may have in store for us.

Most Chiefs across the county are reporting that many of their members are out of work or dramatically under employed. I have heard reports of members being, “too busy with job searches” to report to their firehouses or perhaps just too embarrassed to report. In the career departments we hear about members that are good employees, who are genuine contributors, great managers and workers with decades of knowledge, skills, abilities and experience that are facing lay-off or reductions in salary and/or benefits and pensions and have decided to simply leave, and with them goes part of the departments brain trust.

President’s Message : 2011 THE YEAR WE PREPARED FOR

The Bergen County Fire Chiefs Association eNewsletter! - 2011/4

Editor: Jack J. Murphy! PAGE 2

In these economic times plan for the long term. Remember the State mandated budget cap is 2%, but that doesn’t impact your department’s capital budget. As you know your capital budget is for those items that have a longer then five year life expectance, that’s the boats, hose, apparatus, ground ladders, the SCBA, turn-out gear, these are the “things” fire departments needs to operate.

We all need to remember these are lean times, but don’t forget to remind your bosses, the Mayor and Council, that during 2011 you answered the call over and over again and that this didn’t just happen. The responses of 2011 were a direct result of years and years of planning, training and experience. Remind them that you’re in the business of serving the community and in order to do that you need to maintain your department’s ability to respond to what every type of emergency you may encounter.

The best to you and yours in 2012, stay safe.Stay Safe,

Peter Hodge

HOLD THE DATE To:! ! All Fire Chiefs and Training OfficerFrom: !! Bergen County Law and Public Safety InstituteRe:! ! Annual Fire Chiefs and Training Officers

Date:! ! February 25th (Saturday) Time:! ! 0900 Hours to TBALocation: ! Fire Academy (281 Campgaw Rd./Mahwah)

Mark this date on your calendar for the Annual Fire Chiefs and Department Training Officers meeting to be held at the Fire Academy. This meeting will deliver to all attending, valuable information concerning the chief officers and training officers at large and your department. See the newest Flashover Simulator operating in the Life Safety Complex; the County Thawing Unit, County UASI Apparatus, new technology in the Hall of Heroes and an overview of the latest additions to our Firefighter courses. More details to follow. Please be sure to pass this along to your Chief Officers and Training Officers.

Passing of Albert Koeniges, Haworth Ex-Chief

While putting the finishing touches on this editorial I’ve received a call that a great friend of us all has passed. First reports are that Al was killed in an accident in Florida while vacationing with friends. He was a 63 year veteran of the Haworth Fire Department and a long standing member of this organization. He was a firefighter’s, firefighter and a gentleman.

His counsel and friendship will be missed. Rest in Peace Brother.

http://abclocal.go.com/wabc/story?section=news/local/new_jersey&id=8495920

The Bergen County Fire Chiefs Association eNewsletter! - 2011/4

Editor: Jack J. Murphy! PAGE 3

Solar Panels and Firefighter SafetyUnder the United States Department of Homeland Security (DHS) Assistance to Firefighter Grant Program - Fire Prevention and Safety Grants, UL examined fire service concerns of photovoltaic (PV) systems and the potential impact on firefighting operations.  Follow this link for a good training tool for the fire service.

Residential Structure Separation Fire Experiments / NIST StudyBuilding codes often allow structures with window openings and combustible exteriors to be built with as little as 1.8m (6 ft) of separation between them. In a recent full-scale laboratory experiment at the National Institute of Standards and Technology (NIST), it took less than 80 s for flames from a simulated house with combustible exterior walls to ignite a similar "house" 1.8 m (6 ft) away. In another experiment, involving the same type of structures, the flames from one simulated house again reached the second, but this time a gypsum barrier protected the simulated home from sustained ignition. The experiments showed that an adjacent structure can be ignited if flames from a fire inside a house exit through window openings. The experiments illustrated how a fire resistant barrier can, in the scenario tested, slow down flame spread between two structures separated by 1.8m (6 ft). The scenarios tested were not the worst case. Flame spread between structures is a complex process primarily affected by structure construction type, structure separation distance, placement and size of windows and weather conditions. http://www.fire.nist.gov/bfrlpubs/fire08/art034.html

Chaos at Mall Attributed to Social Media A melee that began in the food court at the Mall of America in Minnesota further descended into chaos as hundreds of youths where reportedly drawn to the incident from cell phone communications. As more young adults swarmed in, additional fights broke out, shoppers were assaulted, and merchandise was either stolen or damaged. An investigation is under way to determine if a social media rumor about the appearance of popular singers at that location contributed to the incident. The original fight in

the food court involved up to 50 people. Mall security called for a “lock down,” which lasted about ten minutes and resulted in shoppers being locked in stores behind roll-down gates and in back storage rooms.

Assessment: The violence had the earmarks of “flash robs,” described as smash and grab operations where rampaging youths use high numbers to overwhelm victims, which can be a retail store or individuals. It is unclear at this point if the fighting was a diversionary or preplanned, or if the criminal activity arose spontaneously. A Mall of America spokesperson called the lockdown decision “premature” and many shoppers expressed confusion and fear at being locked within stores. Responders must be aware of “lockdown” and “lockout” procedures at areas of public assembly or institutions, and the nuances between them, as definitions and protocols vary from place to place.

FDNY Watchline 12/12

COUNTY COORDINATOR CORNERThe countywide Fire Coordinators had their portable radios upgraded. All Fire Coordinators have been trained to the I400 Level and can assist you in whatever the incident commander my need.Here are the County emergency support units and site locations for:County Mobile Air Unit / Hackensack FDUASI Rescue & Collapse Team / Hackensack FDFoam Unit: Garfield FD/Teaneck FD Thawing Unit / Presently at Fire Academy. This Unit is good for Decon and thawing. For now the unit can be called by a fire coordinator. (Future Relocation TBA)Decon Task Forces stationed around the county

Have a Happy and Fire Safe New Year. Larry Rauch

HOTBOX :

The Bergen County Fire Chiefs Association eNewsletter! - 2011/4

Editor: Jack J. Murphy! PAGE 4

LEGAL BRIEFS FOR FIRE CHIEFSVolunteer Fire Company – Effort to Inspect Fire Station for OSHA Compliance Denied.Commissioner applies for warrant to inspect.

The Goshen Volunteer Fire Company (“Fire Company”) is a nonprofit, non-stock membership corporation that has been hired by the Town of Goshen (“Town”) for the purpose of fire suppression. Each of its members is a volunteer and receives no compensation other than workers’ compensation benefits if injured during an emergency response or other Fire Company operations.

As with many volunteer fire departments, the Fire Company had its own bylaws and constitution wherein it elects its own officers. The Town takes no part in such matters or any of the Fire Company operations.The Fire Company has an oral contract with the Town which may be terminated with sixty days. The Fire Company donated its land and the station house to the Town, which leased it back to the Fire Company for $1.00 per year. The Fire Company’s vehicles are financed by the Town, and some of the funds come from independent fundraisers.

The case involves an attempt by the Commissioner of Labor, Patricia Mayfield, to inspect the fire station building to ensure that it was in compliance with safety and health requirements. When the Commissioner arrived at the building to conduct the inspection, she was denied access. She then filed an application for a warrant, which was submitted to the Superior Court. The supporting documents of the warrant stated that there was a videotape of a live burn at the station during a training exercise and that some firefighters were not wearing protective gear which was mandated under the respiratory protection standards of the Connecticut Occupational Safety and Health Act (“Act”).

The Commissioner alleged that this evidence provided probable cause to believe that conditions in the fire station posed a threat to health and safety.

The Fire Company filed a motion to dismiss the warrant application, contending that the court did not have the jurisdiction.

The trial court granted the motion, reasoning that the Fire Company was not a unit of government, nor is it a political subdivision. Rather, it is an independent corporation under the Act.

The Commissioner appealed, continuing to argue that the Fire Company is a political subdivision of the Town. She pointed out to the “functional equivalent” test. Here, the mission of the Fire Company is to suppress fires and respond to emergency calls within the Town. Further, the volunteer firefighters are entitled to workers’ compensation if injured during one of these emergency calls.

Decision: Affirmed.The applicable statutes do not support the position of the Commissioner. It is clear and unambiguous that the Fire Company cannot be considered a political subdivision of the Town. “Courts may not by construction supply omissions….or add exceptions merely because it appears that good reasons exist for adding them….it is axiomatic that the court itself cannot rewrite a statute to accomplish a particular result” Greco v. United Technologies Corp., 890 A.2d 1269 (2006)

Citation: Mayfield, Commissioner of Labor v. Goshen Volunteer Fire Company, Inc. SC18378, Supreme Court of Connecticut (2011).

Firechiefslaw, December 2011

Next BCFCA MeetingDate:"" Monday, Feb 13thTime:"" 1930 hrsLocation: Rochelle Park FDFor directions visit our website under Meetings