Fire Code Presentation

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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 DILGs 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

Cont (Authority of the C,


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.

Cont (Authority of the C,


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

Cont (Authority of the C,


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.

Cont (Authority of the C,


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 services necessary

Cont (Authority of the C,


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

Cont (Authority of the C,


BFP)
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.

Cont (Authority of the C,


BFP)
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.

Cont (Authority of the C,


BFP)

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.

Cont (Authority of the C,


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.

Cont (Authority of the C,


BFP)

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.

Cont (Authority of the C,


BFP)

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;

Cont (Authority of the C,


BFP)

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 clearance or
certification as approved by the Chief, BFP or
his duly authorized representative.
The
notice shall state the nature of the violation
and no work shall be continued on that
portion until the violation has been corrected.

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
professionalization of the fire service;

the

Cont (Functions of
Technical Staff)
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:

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

Cont
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;

Cont
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;

Cont
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.

Cont

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
wit:

Cont
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
areas

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;

Cont (Prohibited Acts)

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;

Cont (Prohibited Acts)


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;

Cont (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;

Cont (Prohibited Acts)


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;

Cont (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
Fire hazards shall be abated
immediately.
(see Flowchart of General Procedures)

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

Cont (Penalties)
- Stoppage of operations OR
- Closure of such buildings, structures,
and their
premises or facilities which do not
comply with
the requirements OR
- Both fine or closure / stoppage of
operation to
be imposed by the Chief, BFP.

Cont (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
executory.

Cont (Penalties)
2. 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

Cont (Penalties)
- Fine of not more than Php 100,000.00
- Both imprisonment or fine.

OR

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;

Cont (Penalties)
Where the violation is attended by injury, loss of life,
and/or damage to property, the violator shall be
proceeded against under the applicable provisions of
the Revised Penal Code.

2.a. 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.

Cont (Penalties)
2.b. 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.

Cont (Penalties)
B. Against Public Officer / Employee
1. Administrative:
Penalty: Reprimand, Suspension or Removal
in the discretion of the disciplining
authority depending on the gravity
of
the offense.

Cont (Penalties)
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;

Cont (Penalties)
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 inspection
certificate issued by the Chief, BFP or his / her
duly authorized representative;

Cont (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;

Cont (Penalties)
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;

Cont (Penalties)
2. Punitive
In the case of willful violation involving the
abovementioned acts or omissions enumerated under section
11 subpara 2 (A), the public officer / employee shall, upon
conviction, be punished by imprisonment of not more than
6 months nor more than 6 years, OR by a fine of not more
than Php 100,000.00 OR both fine and imprisonment.
Provided that where the violation is attended by injury, loss
of life and/or property, the violator shall be proceeded
against under the applicable laws and provisions of the
Revised Penal Code.

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;

Cont
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;
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.

Cont
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
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

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