HUGS: OF RO STNTATIVES

RECEIVED
Republic of the Philippines O JUN 2018
HOUSE OF REPRESENTATIVE! are OS 2018

Constitution Hills, Quezon City TEP

By: iii ; Z
SEVENTEENTH CONGRESS ‘

Second Regular Session REGISTRATION UNIT

HOUSE BILL NO. 589} BILLS AND INDEX SERVICE

Introduced by Honorable Leopoldo N. Bataoil

EXPLANATORY NOTE

This bill seeks to strengthen the regulation of the manufacture, sale, distribution
and use of firecrackers and pyrotechnic devices, repealing for the purpose Republic Act
No. 7183 and providing penalties for violations thereof.

Republic Act No. 7183 entitled, “An Act Regulating the Sale, Manufacture,
Distribution and Use of Firecrackers and Other Pyrotechnic Devices” is the present law
regulating the sale, manufacture, distribution and use of firecrackers and other pyrotechnic
devices. The law was purposely enacted in consonance with the declared policy of the
State to promote public safety, order and national security. Similarly, the proposed bill has
for its purpose to ensure the safety of the people by regulating the sale, manufacture,
distribution, and use of firecrackers and other pyrotechnic devices.

Under the proposed measure, manufacturers, dealers and wholesale distributors
are now required to indicate the names and addresses of all their accredited retail stores,
outlets, or re-sellers to the Firearms and Explosives Office of the Philippine National Police
(PNP-FEO) as a pre-requisite for the grant of a license to engage in the manufacture and
wholesale distribution of firecrackers and pyrotechnic devices. Likewise, retail stores,
outlets, distributors and re-sellers shall also be required to apply for a permit to sell with
the PNP-FEO. Thus, a “one-store, one-permit” policy is mandatory.

This bill also absolutely prohibits any minor from engaging in the sale or use of
firecrackers or pyrotechnic devices notwithstanding the presence of, and supervision of
adults and professionals. In any event, activity or occasion which involves the use of
firecrackers, the services of a professional is required to supervise the fireworks display.
The local government units are mandated to identify a zone or designate an area in their
respective territorial jurisdiction where residents may use firecrackers or conduct fireworks
display. Finally, certain prohibited acts are subject to stiffer penalties in case of violation
and non-compliance with the provisions of the proposed measure.

In view of the foregoing, approval of this bill is highly and earnestly recommended.



Sowaiud sewn

i
12
13
14
15
16
7
18
19
20
21
2
23
24
25
26
27
28
29
30
31
32
33
34
35
36

38
39
40
41
42
43

45
46
47
48
49
50
St

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
‘Second Regular Session

HOUSE BILL NO. 589

Introduced by Honorable Leopoldo N. Bataoil

AN ACT
STRENGTHENING THE REGULATION OF THE MANUFACTURE, SALE,
DISTRIBUTION AND USE OF FIRECRACKERS AND PYROTECHNIC DEVICES,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 7183 AND PROVIDING
PENALTIES FOR VIOLATION THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Revised Firecracker
Regulation Act.”

SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State
topromote the safety and well-being of its citizens, even in times of jubilation and
merriment. Toward this end, the State aims to ensure the safety of the people by
providing for a revised regulation in the manufacture, sale, distribution and use of
firecrackers and pyrotechnic devices.

SEC. 3. Prohibited Types of Firecrackers and Pyrotechnic Devices. - The
manufacture, sale, distribution and use of firecrackers and pyrotechnic devices of such
explosive content that endanger life and limb are hereby prohibited. Determination of
what constitutes prohibited firecrackers and pyrotechnic devices shall be vested with the
Firearms and Explosives Office of the Philippine National Police (PNP-FEO).

SEC. 4. License and Permit Requirements. —Any person desiring to engage in
the manufacture and wholesale distribution of firecrackers and pyrotechnic devices shall
file an application for the issuance of a license to manufacture and distribute firecrackers
and pyrotechnic devices with the PNP-FEO.

Under no circumstances shall a license be granted for the manufacture and
wholesale distribution of prohibited firecrackers and pyrotechnic devices mentioned in
Section 3of this Act or other similar materials with the same or greater explosive content.

As pre-requisite for the grant of a license, the manufacturers, dealers and
wholesale distributors of firecrackers and pyrotechnic devices shall provide the names
and addresses of all their accredited retail stores, outlets, distributors or re-sellers to the
PNP-FEO.

Retail stores, outlets, distributors and resellers shall also apply with the PNP-FEO
for a permit to sell before they can engage in the sale or distribution of firecrackers and


Sowiuanavne

af

12
13
14
15
16
17
18
19
20
21

22
23
24
25
26
ae
28
29
30
31

32
33
34
35
36
37
38
39
40
41

42
43

45
46
47
48
49
50
Si

pyrotechnic devices. There shall be a “one-store, one-permit’ policy. Selling of
firecrackers and pyrotechnic devices without the requisite permit in places other than
those indicated by the licensed manufacturers and wholesale distributors in their
application for a license with the PNP-FEO shall be considered illegal and shall cause
the confiscation of the products being sold without prejudice to the penalties provided
herein.

Reasonable fees may be charged for the issuance of licenses and permits to
defray the cost of regulating the manufacture, sale and distribution of firecrackers and
pyrotechnic devices.

SEC. 5. Qualifications of Manufacturers or Dealers. — A license to engage in
the manufacture and wholesale distribution of firecrackers and pyrotechnic devices shall
be issued only to:

(a) Filipino citizens of good moral character; and

(b) Entities duly registered with the Department of Trade and Industry or the
Securities and Exchange Commission, one hundred per centum (100%) of the
capitalization of which is owned by Filipino citizens.

SEC. 6. Importation of Chemicals and Explosive Ingredients. — The
importation of finished firecrackers and pyrotechnic devices shall be prohibited. Only
duly licensed manufacturers shall be allowed to import chemicals or explosive
ingredients used in the manufacture of firecrackers and pyrotechnic devices.

Any person licensed to manufacture, or purchase chemical and explosive
ingredients who desires to import explosive ingredients shall submit the necessary
application to the PNP-FEO.

SEC.7. Absolute Prohibition to Minors. Firecrackers or pyrotechnic devices
shall not be sold to any person below eighteen (18) years of age. Minors shall not be
allowed to use firecrackers or pyrotechnic devices notwithstanding the presence of, or
supervision of adults and professionals.

SEC.8. Safety Guidelines on the Manufacture of Firecrackers.— Strict
compliance of the following safety precautions shall be observed by manufacturers and
distributors of firecrackers and pyrotechnic devices:

a) A zone shall be designated by the local government unit where a
manufacturing complex may be established. The outer perimeter of this zone shall be at
least three hundred (300) meters away from the nearest residential units. Once a zone
has been defined, no residential unit shall be permitted to be constructed nearer than
three hundred (300) meters from the perimeter of such zone;

b) The manufacturing complex shall be governed by, but not limited to, the
following safety measures:

1) _ Allbuildings must have adequate ventilation, no concrete floors, must
be leak-proof and furnished with necessary fire extinguishers;


Sowmrusaunsone

ul
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45

47
48
49
50
51
52

2) The warehouse must be at least fifty (50) meters away from any
processing station of the complex; and

3) The following processing stations of the complex shall be laid out
according to the indicated minimum distance from each other with all sides open:

i Mixing, 50 meters;

ii. Grinding, 40 meters;

ili, Packaging, 40 meters;

iv. Nagmimitsa, 20 meters; and
v. Loading, 20 meters.

SEC. 9. Regulation on the Use of Firecrackers.-When any event, activity or
occasion involves the use of firecrackers, the following must be observed:

a) The services of qualified professionals shall be employed to supervise the
use of firecrackers. For this purpose, the PNP-FEO shall accredit, after reasonable
training, the professionals qualified to use and supervise the use of firecrackers;

b) Permits for events or organized activities, including concerts, rallies,
programs, shows and other similar activities involving the use of firecrackers outside of
the designated firecracker area shall be filed with the corresponding barangay which will
issue the permits within five (5) days from filing of application.

For domestic or informal activities, the organizer of the event or the person who
bought the firecrackers shall be responsible for securing the services of an accredited
professional handler of firecrackers and pyrotechnic devices;

c) The use of firecrackers or pyrotechnic devices shall not be allowed in densely
populated residential areas. The local government units (LGUs) shall identify a zone or
designate an area in their respective territorial jurisdiction where residents may use
firecrackers or conduct fireworks display.

The LGUs shall consider the following factors in the identification of such areas:
1) Population of not more than 3,000 within the area;

2) Proximity of at least fifty (50) meters to the nearest hospitals and other
medical facilities;

3) Proximity of at least fifty (50) meters to the nearest fire stations;

4) Distance of at least one hundred (100) meters away from
establishments using, storing or selling highly flammable substances;

5) Distance of at least one hundred (100) meters away from residential and
school buildings;

6) Distance of at least one hundred (100) meters away from electrical and
communication facilities or structures; and



Sowmiu sueune

mH
12
13
14
1s
16
17
18
19
20
21
2
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52

7) Such other factors relevant to the safety of the residents in the area.

SEC. 10. Labeling of Firecrackers and Pyrotechnic Packages. — Firecrackers
and pyrotechnic devices shall bear labels indicating the name and address of their
manufacturers and distributors, and warning instructions written in Filipino and English.

SEC. 11. Record. Every person authorized to purchase and use explosives
under this Act shall be required to keep a complete, itemized and accurate record
showing:

a) Qualities and kinds of explosives; and
b) Purpose for which the explosives will be used.

SEC. 12. Reportorial Requirement. - Atend of every month, licensees shall
submit to the Director-General of the PNP, through the provincial director of the province
where their businesses or projects are located, a monthly report for explosives in
triplicate copies. After affixing comments, recommendations or notations, the provincial
director shall retain the triplicate copy and forward the original and duplicate copies to
the PNP-FEO.

SEC. 13. Prohibited Acts and Penalties. — The following penaltiesshall be
imposed for the offenses enumerated in this Act.

a) Any person found guilty of using firecrackers without the supervision of a
professional shall suffer the penalty of imprisonment of not less than one (1) month and
one (1) day but not more than one (1) year and a fine of not less than Ten thousand
pesos (P10,000.00) but not more than Fifty thousand pesos (P50,000.00);

b) Any person found guilty of using a firecracker outside the designated
firecracker zone shall suffer the penalty of imprisonment of not less than one (1) month
and one (1) day but not more than one (1) year and a fine of not less than Fifty thousand
pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00);

c) Any person found guilty of directing, instructing or allowing a minor to
purchase or use a firecracker or pyrotechnic device shall suffer the penalty of
imprisonment of not less than six (6) months and one (1) day but not more than one (1)
year and a fine of not less than Fifty thousand pesos (P50,000.00) but not more than
Two hundred thousand pesos (P200,000.00);

d) The use of firecrackers in any organized activity outside the designated
firecracker area without the corresponding clearance from the PNP-FEO shall be
prohibited and offenders shalll suffer the penalty of imprisonment of not less than six (6)
months and one (1) day but not more than one (1) year and a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than Two hundred thousand pesos
(P200,000.00);

If the offender is a juridical entity, the penalty shall be imposed upon the
president, chief executive officer, manager or any responsible officer who knowingly
permitted or failed to prevent the commission of the crime;

e) Any person who manufactures, sells or distributes firecrackers and


pyrotechnic devices in violation of Sections 4,5 and 6 of this Act shall suffer the penalty
of imprisonment of not less than six (6) years but not more than twelve (12) years, and a
fine of not less than Five hundred thousand pesos (P500,000.00) but not more than One
million pesos (P1,000,000.00), in addition to the cancellation of the license and the
confiscation of the inventory or stock of firecrackers and pyrotechnic devices by the
government.

SEC. 14. Administration and Enforcement — The Department of the Interior and
Local Government, through the PNP, shall be primarily responsible for the administration
and enforcement of this Act. The PNP shall transmit all cases for prosecution arising
from violations of this Act to the proper government prosecutors for appropriate action

SEC. 15. Information Dissemination on the Use of Firecrackers— The
Department of Health (DOH), the PNP, the Bureau of Fire Protection (BFP) and the
Department of Environment and Natural Resources (DENR) shall jointly undertake
regular information dissemination on the dangerous results of firecrackers on health,
safety and the environment.

The city or municipal government, in coordination with the barangays in their
jurisdiction, shall conduct massive advocacy and information dissemination in the
observance of the safety guidelines for fireworks or pyrotechnic use and exhibition. It
shall conduct roving inspections and confiscate and destroy prohibited firecrackers and
other pyrotechnic devices which are being sold to the public.

SEC. 16. Implementing Rules and Regulations. — Within six (6) months from
the effectivity of this Act, the Secretary of the Interior and Local Government shall, in
coordination with the BFP, PNP-FEO, and the Secretary of Health, after public hearing
and consultation with the various stakeholders of the firecracker and pyrotechnic
industry and LGU representatives, promulgate the necessary rules and regulations
necessary for the effective implementation of this Act.

SEC. 17. Repealing Clause. -Republic Act No. 7183 is hereby repealed. All other
laws, decrees, orders, rules and regulations, or parts thereof, inconsistent with any
provision of this Act are hereby repealed or modified accordingly.

SEC. 18. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation

Approved,