10_Philippine Fire Protection Code

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REPUBLIC ACT NO.

9514
Fire Protection Code
REPUBLIC ACT NO. 9514

An Act Establishing a
Comprehensive Fire Code of the
Philippines Repealing
Presidential Decree No.1185 and
for other Purposes
Objective and Effectivity of the Law

➢Boost the modernization program of the


DILG’s – BFP
➢ Assessment and Collection will be the
responsibility of the BFP
➢Professionalization of firefighters
➢ Signed into law on December 19, 2008
➢Published on January 5, 2009
➢IRR published on October 17, 2009
Declaration of Policy
To ensure public safety, promote economic
development through the prevention and
suppression of all kinds of destructive fires,
and promote the professionalization of the fire
service as a profession. Toward this end, the
state shall enforce all laws, rules and
regulations to ensure adherence to standard
fire prevention and safety measures and
promote accountability in the fire protection
and prevention service.
Applicability of the Code

➢All persons

➢ All private and public


buildings, facilities, or
structures erected or
constructed before and after its
effectivity.
Responsibility for the Enforcement of
the Code

administered and enforced by the


BFP under the direct supervision and
control of the Chief, BFP through the
hierarchy of organization as provided for
in Chapter VI of RA 6975.
Authority of the Chief, BFP

With the approval of the Secretary of the DILG, the


Chief, BFP is authorized to:

➢ Issue Implementing Rules and Regulations, and


prescribe standards, schedules of fess / fire
service charges and administrative penalties
thereof as provided in the pertinent provisions of
this Code;

➢ Reorganize the BFP as may be necessary


Authority of the Chief, BFP
 Support and assist fire volunteers, practitioners and fire volunteer
organization in the country who shall undergo mandatory fire suppression,
inspection, rescue, emergency medical services and related emergency response
trainings and competency evaluations to be conducted by the BFP.
 In the case of fire practitioners, they shall undergo mandatory continuous
professional education and competency evaluation of their expertise, knowledge and
skills in the area of fire service, engineering and technology to be conducted by the
BFP
 The BFP may enter into external party agreements for the conduct of trainings,
education and evaluation of fire volunteers, practitioners and fire volunteer
organizations, which shall be under the full control and supervision of the BFP:
Provided, however, that during fire fighting operations, fire volunteer organizations
shall be under the direct operational control of the fire ground commanders of the
BFP.
 Enter into long-term agreement, either through public biddings or negotiations,
in accordance with the provisions of Republic Act No. 9184 for the acquisition of fire
prevention, fire protection and fire fighting investigation, rescue, paramedics,
hazardous material handling equipment, supplies, materials and related technical
Authority of the Chief, BFP
 Enter into Memorandum of Agreement with other departments, bureaus, agencies,
offices and corporations of the government, as well as private institutions, in order to
define areas of cooperation and coordination and delineate responsibility on fire
prevention education, fire safety, fire prevention, fire suppression and other matters
of common concern.
➢ Call on the police, other law enforcement agencies, and local government
assistance to render necessary assistance in the enforcement of this Code;
➢ Designate a fire safety inspector through his / her duly authorized
representative, who shall conduct an inspection at least once a year and every time
the owner, administrator or occupant shall renew his/her business permit or permit to
operate.
 No occupancy permit, business or permit to operate shall be issued without securing a
Fire Safety Inspection Certificate (FSIC) from the Chief, BFP or his / her duly authorized
representative.
 Inspect at reasonable time, any building, structure, installation or premises for
dangerous or hazardous conditions, or materials as set forth in this Code: Provided,
that in case of single-family dwelling, an inspection must be upon the consent of the
occupant or upon lawful order from the proper court.
Authority of the Chief, BFP
 The Chief, BFP or his duly authorized representative shall order the owner / occupant to
remove hazardous materials and / or stop hazardous operation / process in accordance
with the standards set by this Code or its implementing rules and regulations or other
pertinent laws.
➢ When conditions exist and are deemed hazardous to life and property, to order the
owner / occupant of any building or structure to summarily abate such hazardous
conditions;

Summary Abatement – shall mean all corrective measures undertaken to abate


hazards which shall include, but not limited to remodeling, repairing, strengthening,
reconstructing, removal and demolition, either partial or total, of the building or structure.

 Require the building owner/occupant to submit plans and specifications, and other
pertinent documents of said building to ensure compliance with applicable codes and
standards;
 Issue a written notice to the owner and/or contractor to stop work or portion of any
work due to absence, or in violation of approved plans and specifications, permit and/or
Constitution of Technical Staff

Qualifications:

➢highly qualified person who are knowledgeable on


fire prevention, fire safety, and fire suppression;

➢may be drawn from organic members of the BFP


and other government offices and agencies and
from other sources;
Functions of the Technical Staff
➢ Study, review, and evaluate latest developments and standards on fire
technology;

➢ Prepare plans / programs on fire safety, prevention and suppression and


evaluate implementation thereof;

➢ Develop programs on the professionalization of the fire service;

➢ Coordinate with appropriate government and private institutions for the offering
of college courses on fire technology and fire protection engineering;
➢ Propose amendments to the Fire Code;
➢ Advise the Chief, BFP on any matter brought to his / her attention;
➢ Perform such other functions as directed by higher authorities
Inspections, Safety Measures, Fire Safety,
Constructions, and Protective and /or Warning
Systems

➢ Inspection Requirement

A fire safety inspection shall be conducted by the Chief, BFP or his duly authorized
representative as prerequisite to the grant of permits and / or licenses by local government
and other government agencies concerned, for the:
a) Use or occupancy of buildings, structures, facilities or other premises including the
installation of fire protection and fire safety equipment, and electrical system in any building
structure or facility; and

b) Storage, handling and / or use of explosives or of combustible, flammable, toxic and other
hazardous materials.

 Safety Measures for Hazardous Materials

Fire safety measures shall be required for the manufacture, storage, handling and / or use of
hazardous materials involving:

1. Cellulose nitrate plastic of any kind;


Inspections, Safety Measures, Fire Safety,
Constructions, and Protective and /or Warning Systems

➢ Safety Measures for Hazardous Operations / Processes

Fire safety measures shall be required for the following hazardous operations /
processes

1. Welding or soldering;
2. Industrial baking and drying;
3. Waste disposal;
4. Pressurized / forced-draft burning equipment;
5. Smelting and forging;
6. Motion picture projection using electrical arc lamps
7. Refining, distillation, and solvent extraction; and
8. Such other operations or processes as may hereafter be prescribed in
the rules and regulations.
Inspections, Safety Measures, Fire Safety, Constructions,
and Protective and /or Warning Systems

➢ Provision on Fire safety Construction, Protective and Warning System

Owners, occupants or administrators of buildings, structures and their


premises or facilities, except such other buildings or structures as may be exempted in the
rules and regulations to be promulgated under Section 5 hereof, shall incorporate and
provide therein fire safety construction, protective and warning system, and shall develop
and implement fire safety programs, to with:

1.Fire protection features such as sprinkler systems, hose boxes, hose reels
or standpipe systems and other fire fighting equipment;

2.Fire alarm systems;

3.Fire walls to separate adjoining buildings, or warehouses and storage


Prohibited Acts
 Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety
purposes, such as but not limited to aisles in interior rooms, any part of stairways, hallways,
corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or
tolerating or allowing said violations;

 Constructing gates, entrances, and walkways to building components and yards, and
temporary or permanent structures on public ways, which obstruct the orderly and easy
passage of fire fighting vehicles and equipment;

 Prevention, interference or obstruction of any operation of the fire service, or of duly


organized and authorized fire brigades;
 Obstructing designated fire lanes or access to fire hydrants;

 Overcrowding or admission of persons beyond the authorized capacity in movie


houses, theaters, coliseums, auditoriums or other public assembly buildings, except in
other assembly areas on the ground floor with open sides or
open doors sufficient to provide safe exits;
Prohibited Acts
 Locking fire exits during period when people are inside the building;

 Prevention or obstruction of the automatic closure of fire doors or smoke


partitions or dampers;

 Use of fire protective or fire fighting equipment of the fire service other than for fire
fighting except in other emergencies where their use are justified;
 Giving false or malicious fire alarms;

 Smoking in prohibited areas as may be determined by fire service, or throwing of cigars,


cigarettes, burning objects in places which may start or cause fire;

 Abandoning or leaving a building or structure by the occupant or owner without


appropriate safety measures;
Prohibited Acts
➢ removing, destroying, tampering or obliterating
any authorized mark, seal, sign or tag posted or
required by the fire service for fire safety in any
building, structure, or processing equipment; and
➢ Use of jumpers or tampering with electrical wiring
or overloading the electrical system beyond its
designated capacity or such other
practices that would tend to undermine the fire
safety features of the electrical system.
Violations,
Penalties and
Abatement of
Fire Hazards
Enforcement of the Lien
➢ If the owner, administrator or occupant fails to reimburse the
government of the expenses, incurred in the summary abatement
within ninety (90) days from the completion of such abatement,
the building or structure shall be sold at public auction in
accordance with existing laws and rules.
➢ No property subject of lien under Section 9 hereof may be sold at a
price lower than the abatement expenses incurred by the
government.
➢ The property shall be forfeited in favor of the government if the
highest bid is not at least equal to
the abatement expenses.
Penalties
A. Against Private Individual

1. Administrative Fine

Any person who violates any provision of the Fire Code and its IRR shall be
penalized by:

- Administrative fine not exceeding Php 50,000.00 OR


- Stoppage of operations OR
- Closure of such buildings, structures, and them
premises or facilities which do not comply with
the requirements OR
- Both fine or closure / stoppage of operation to
Penalties
NOTE:

➢ The payment of the fine, stoppage of operations


and/or closure of such buildings, structures, and
their premises or facilities shall not absolve the
violator from correcting the deficiency or abating
the fire hazard.
➢ The decision of the Chief, BFP under this
subsection may be appealed to the SILG.
➢ The appeal shall not stay the execution of the
order of the C, BFP.
➢ The decision of the SILG shall be final and
Penalties
1. Punitive

In case of willful failure to correct the deficiency or abate the fire hazard as provided
in the preceding section, the violator shall upon conviction, be punished by:

 imprisonment of not less than 6 months nor more than 6 years, OR

 Fine of not more than Php 100,000.00OR

 Both imprisonment or fine.


Penalties
NOTE:

➢ In case of a corporation, firm, partnership


or association, the fine and/or imprisonment
shall be imposed upon its officials responsible for
such violation.
➢ In case the guilty party is an alien, in
addition to the penalties herein prescribed, he
shall be deported;
➢ Where the violation is attended by injury, loss of
life, and/or damage to property, the violator shall
be proceeded against under the applicable
Penalties
2a. Any person who without authority, maliciously
removes the sign that a building or structure is a fire
hazard/fire trap placed by an authorized person in this
Code shall be liable for imprisonment for 30 days OR a
fine not exceeding Php 100,000.00 OR both in the
discretion of the court.

2b. Any person who disobeys the lawful order of the


fire ground commander during a fire fighting operation
shall be penalized with imprisonment of one (1) day to
thirty (30) days AND a fine of Php 5,000.00.
Penalties
B. Against Public Officer / Employee

1.Administrative
Penalty: Reprimand, Suspension or Removal in the discretion of the
discipliningauthority depending on the gravity of the offense.

Punishable Acts or Omissions:

1. Unjustified failure of the public officer or employee to conduct inspection of


buildings or structures at least once a year;
2. Deliberate failure to put up a sign infront of the building or structure within his/her
area of responsibility found to be violating this Code, its IRR or other pertinent
laws, that the same is a “FIRE HAZARD” or a “FIRE TRAP”;
3. Endorsing to the Chief, BFP or his duly authorized representative for the
certification, or submitting a report that the building or structure complies with the
standards set by this Code, its IRR or other pertinent laws when the same is
contrary to fact;
4. Issuance or renewal of occupancy or business permit without the fire safety
Penalties
5.Failure to cancel the occupancy or business permit after the owner,
administrator, occupant or other person responsible for the condition of
the building, structure, and other premises failed to comply with the notice
/ order for compliance with the standards set by this Code, its IRR and
other pertinent laws, within the specified period.

6.Failure to abate a public nuisance within 15 days after the owner,


administrator, occupant or other responsible person failed to abate the
same within the period contained in the notice to abate;

7.Abusing his / her authority in the performance of his duty through acts of
corruption and other unethical practices;

8.Other wilful impropriety or gross negligence in the performance of his


/ her duty as provided in this Act or its IRR;
Appropriation and Sources of Income
Appropriation and Sources of Income
To partially provide for the funding of the fire service, the following taxes and fees
which shall accrue to the general fund of the national Government, are hereby
imposed:

1. Fees to be charged for the issuance of certificates, permits and licenses as


provided for in Section 7 (a) hereof:
2. One-tenth of one percentum (0.1%) of the verified estimated value of
buildings or structures to be erected from the owner thereof, but not to exceed
Php 50,000.00, one-half to be paid prior to the issuance of the building permit,
and the balance after the final inspection and prior to the issuance of the use
and occupancy permit;
3. One-hundreth of one per centum (0.10%) of the assessed value of buildings or
structures annually payable upon payment of the real estate tax, except on the
structures used as single family dwelling;
Appropriation and Sources of Income

4. Two per centum (2%) of all premiums, excluding reinsurance


premiums for the sale of fire, earthquake and explosion hazard
insurance collected by companies, persons or agents licensed to sell
such insurances in the Philippines.
5. Two per centum (2%) of gross sales of companies, persons or
agents selling fire ion and fighting equipment, appliances or devices
including hazard detection and warning systems; and
6. Two per centum (2%) of the service fees received from the
earthquake, and explosion hazard reinsurance surveys and post loss
service of insurance adjustment companies doing business in the
Philippines directly through agents.
Collection of Taxes, Fees
and Fines
Collection of Taxes, Fees and Fines
➢ All taxes, fees and fines provided in this Code shall be collected by
the BFP.

➢ 20% of such collection shall be set aside and retained for use by the
city or municipality government concerned , which shall appropriate
the same exclusively for the use of the operation and maintenance of
its local fire station, including the construction and repair of fire
station.

➢ 80% shall be remitted to the national treasury under a Trust Fund


assigned for the modernization of the BFP.
Assessment of Fire Code Taxes, Fees and Fines

The assessment of fire code


fees, taxes and fines is vested
upon the BFP.
Use of Income Generated from the
Enforcement of the Fire Code

The Chief, BFP is authorized, subject to the


approval of the SILG, to use the income
generated under the Fire Code for the
procurement of fire protection and fire fighting
investigation, rescue, paramedics, supplies and
materials, and related technical services
necessary for the fire service and the
improvement of facilities of the BFP and
abatement of fire hazards

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