Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

5009

HOUSE BILL NO.

Introduced by Representative Jorge Antonio P. Bustos

EXPLANATORY NOTE

In 2008, Congress passed Republic Act (RA) No. 9514, otherwise known as
the “Fire Code of the Philippines of 2008,” the principal law governing the
prevention and suppression of all destructive fires and the professionalization of
the fire service as a profession. Under the Fire Code, the Bureau of Fire Protection
(BFP) is mandated to enforce the provisions of RA 9514 to all buildings, facilities
or structures erected or constructed before or after its effectivity. However, despite
the clear language of the Fire Code, several government agencies and entities, such
as the Philippine Economic Zone Authority (PEZA), had for a long time arrogated
upon them the enforcement of the Fire Code to PEZA-registered economic zones.

On 02 June 2017, a lone gunman burned a portion of the Resorts World
Manila which resulted to the death of thirty-eight (38) persons. Consequently, a
Congressional inquiry was conducted which revealed the overlapping authority of
BFP and PEZA in the enforcement of the Fire Code. Prior to the said incident,
similar fire incidents had previously occurred, where the issue was already brought
to the fore.

Moreover, within the 10-year implementation of the present Fire Code, there
were provisions already found to be incompatible with the present program of
President Rodrigo Roa Duterte, specifically on the streamlining of the processing
of business and other local permits. For instance, only the BFP has the authority to
assess and collect Fire Code fees specifically, those related to applications for local
permits and construction related permits.


This specific provisions therefore have to be revised in order to allow other
agencies to collect fees for and in behalf of the BFP. This is to fully align with the
intents and purposes of the newly enacted RA 11032, otherwise known as “Ease of
Doing Business and Efficient Government Service Delivery Act of 2008,” with the
end view of eradicating bureaucratic red tape and other forms of corruption in the
government

Finally, the present Fire Code tends to constrict the utilization of fees
collection as it only provides that only eighty percent (80%) thereof is intended for
the BFP modemization, thus barring the BFP to acquire lands for the establishment
and construction of national, regional, provincial offices, and city or municipal fire
stations. The present Fire Code also does not expressly allow the utilization of the
fees or collection for the acquisition of rescue vehicles, tools, devices and
equipment, which are necessary for the BFP to successfully perform its mandate of
saving lives and properties and to keep the people safe from the after effects of all
forms of calamities and disasters.

Thus, this proposed bill seeks to:

1. Clarify the respective authorities and jurisdictions of the BFP, PEZA
and other similar entities, with respect to the administration and enforcement of the
Fire Code in economic zones;

2. Harmonize the assessment and collection of Fire Code fees to the
assessment and collection made by the local government units for construction
related permits and business permits;

3. Expand the utilization of the Fire Code collections; and

4. Provide stringent penalties for acts that compromise fire safety
endanger the lives and limbs as well as properties of the citizens of the Philippines.

For the foregoing reasons, the immediate consideration and passage of this
bill is earnestly sought.

CONG. JOR! is P. BUSTOS


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Republic of the Philippines
Pouse of Representatives
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

HOUSE BILL No, _508

Introduced by Representative Jorge Antonio P. Bustos

AN ACT
STRENGTHENING THE PROGRAMS FOR THE PREVENTION AND
SUPPRESSION OF ALL DESTRUCTIVE FIRES IN THE COUNTRY,
REPEALING FOR THE PURPOSE REPUBLIC ACT NO. 9514,
OTHERWISE KNOWN AS THE “FIRE CODE OF THE PHILIPPINES OF
2008”

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 Fire
Code of the Philippines.”

SEC. 2. Declaration of Policy. — \t is the policy of the State to ensure
public safety and promote economic development through the prevention and
suppression of all kinds of destructive fires, and promote the professionalization of
the men and women serving in the Bureau of Fire Protection. 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.

SEC. 3. Definition of Terms. - As used in this Fire Code:


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(a) Abatement refers to any act that would remove or neutralize a fire hazard;

(b) Administrator refers to any person who acts as agent of the owner and
manages the use of a building for him;

(c) Building refers to any structure built for the support, shelter, or enclosure
of persons, animals, chattels, or properties of any kind;

(d) Closure order refers to a written notice issued by the city or municipal
fire marshal to the owner, administrator, or occupant to close the whole or portion
of the building or structure cease upon determination during inspection, that the
deficiency or violation noted in the notice to correct violation remains unabated or
uncorrected, after the lapse of the prescribed period thereof including a notice of
cancellation of the existing fire safety inspection certificate of the building or
structure;

(e) Damper refers to any normally open device installed inside an air duct
system which automatically closes to restrict the passage of smoke or fire;

(f) Duct system refers to any continuous passageway for the transmission of
air;

(g) Fire refers to the active principle of burning, characterized by the heat
and light of combustion;

(h) Fire alarm refers to any visual or audible signal produced by a device or
system to warn the occupants of the building or firefighting elements of the
presence or danger of fire to enable them to undertake immediate action to save
life and property and to suppress the fire;

(i) Fire door refers to any fire resistive door prescribed for openings in fire
separation walls or partitions;

(i) Fire hazard refers to a condition or act which increases or may cause an

increase in the probability of the occurrence of fire, or which may obstruct, delay,


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hinder or interfere with firefighting operations and the safeguarding of life and
property;

(k) Fire lane refers to a portion of a roadway or public-way that should be
kept opened and unobstructed at all times for the expedient operation of
firefighting units;

(I) Fire protective and fire safety device refers to a device intended for the
protection of buildings or persons to include but not limited to built-in protection
system such as sprinklers and other automatic extinguishing system, detectors for
heat, smoke and combustion products and other warning system components,
personal protective equipment such as fire blankets, helmets, fire suits, gloves and
other garments that may be put on or worn by persons to protect themselves during
fire;

(m) Fire safety constructions refer to any design and installation of walls,
barriers, doors, windows, vents, means of egress etc. integral to and incorporated
into a building or structure in order to minimize danger to life from fire, smoke,
fumes or panic before the building is evacuated. These features are also designed to
achieve, among others, safe and rapid evacuation of people through means of
egress sealed from smoke or fire, the confinement of fire or smoke in the room or
floor of origin and delay their spread to other parts of the building by means of
smoke sealed and fire resistant doors, walls and floors. The term includes the
treatment of buildings components or contents with flame retardant chemicals;

(n) Fire Safety Evaluation Clearance refers to a document issued by the city
or municipal fire marshal as prerequisite for the issuance of building permit upon
determination that the building or structure has complied with the requirements
prescribed under this Fire Code, its implementing rules and regulations and other

related laws;


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(0) Fire Safety Inspection Certificate refers to a document issued by the city
or municipal fire marshal as prerequisite for the issuance of occupancy permit or
business permit upon determination that the building or structure has complied
with the requirements prescribed under this Fire Code, its implementing rules and
regulations and other related laws;

(p) Fire tap refers to a structure or building which lacks adequate or
inappropriate fire exits or means of egress;

(q) Hazardous operation or process refers to the act of manufacturing,
fabrication, conversion, etc., that uses or produces materials which are likely to
cause fires or explosions;

(0) Horizontal exit refers to a pathway from one building to another or
through or around a wall in approximately the same floor level;

(s) Hose box refers to any box or cabinet where fire hoses, valves and other
equipment are stored and arranged for firefighting;

(t) Hose reel refers to any cylindrical device turning on an axis around which
a fire hose is wound and connected;

(u) Jumper refers to any piece of metal or an electrical conductor used to
bypass a safety device in an electrical system;

(v) Notice to Comply refers to a written notice issued by the city or
municipal fire marshal to the owner, administrator or occupant upon determination
during inspection that the building or structure has deficiency or violation under
this Fire Code and its implementing rules and regulations, and specifying therein
the prescribed period to abate or correct the deficiency or violation;

(w) Notice to Correct Violation and Order to Pay Fine refers to a written
notice issued by the city or municipal fire marshal to the owner, administrator or
occupant upon determination during re-inspection that the deficiency or violation
noted in the notice to comply remains unabated or uncorrected after the lapse of

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the prescribed period thereof and specifying the administrative fine imposed and
the prescribed period to abate or correct the deficiency or violation;

(x) Notice of Disapproval refers to a written notice issued by the city or
municipal fire marshal to the applicant or owner, disapproving the application for
fire safety evaluation clearance, for occupancy permit upon determination that the
plans and specifications or the building or structure during inspection, as the case
maybe, did not conform to the fire safety requirements of this Fire Code and its
implementing rules and regulations and other related laws;

(y) Occupancy refers to the purpose for which a building or portion thereof
is used or intended to be used;

(2) Occupant refers to a person actually occupying and using a building or
portions thereof by virtue of a lease contract with the owner or administrator or by
permission or sufferance of the latter;

(aa) Overloading refers to the use of one or more electrical appliances or
devices which draw or consume electrical current beyond the designed capacity of
the existing electrical system;

(bb) Owner refers to person who holds the legal right of possession or title to
a building or real property;

(cc) Public assembly building refers to a building or structure where fifty
(50) or more people congregate, gather, or assemble for any purpose;

(dd) Public way refers to a street, alley or other strip of land unobstructed
from the ground to the sky, deeded, dedicated or otherwise permanently
appropriated for public use;

(ce) Self-closing fire resistive doors refer to an automatic closing door that
are designed to confine smoke and heat and delay the spread of fire;

(ff) Sprinkler system refers to an integrated network of hydraulically
designed piping installed in a building, structure or area with outlets arranged in a

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systematic pattern which automatically discharges water when activated by heat or
combustion products from a fire;

(gg) Standpipe system refers to any system of vertical pipes in a building to
which fire hoses can be attached on each floor, including a system by which water
is made available to the outlets as needed;

(hh) Vestibule refers to any passage hall or antechamber between the outer
doors and the interior parts of a house or building; and

(ii) Vertical shaft refers to an enclosed vertical space of passage that extends
from floor to floor, as well as from the base to the top of the building.”

SEC. 4. Applicability. — The provisions of the Fire Code shall apply to all
persons and all private and public buildings, facilities or structures erected or
constructed before and after its effectivity.

SEC. 5. Responsibility for the Enforcement. — This Fire Code shall be
administered and enforced by the Bureau of Fire Protection (BFP), under the direct
supervision and control of the Chief of the Bureau of Fire Protection, through the
hierarchy of organization as provided for in Chapter VI of Republic Act No. 6975.
With the approval of the Secretary of the Interior and Local Government (DILG),
the Chief, BFP, is hereby authorized to:

(a) Issue implementing rules and regulations, and prescribe standards,
schedules of fees or fire service charges and administrative penalties therefore as
provided in the pertinent provisions of this Fire Code;

(b) Reorganize the BFP as may be necessary and appropriate;

(c) Support and assist fire volunteers, practitioners and volunteer
organizations 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
the fire practitioners, they shall undergo mandatory continuous professional

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education and competency evaluation of their expertise, knowledge and skills in
the area of fire science, engineering and technology to be conducted by the BFP;

The BFP may enter into external party agreements for the conduct of

training, education and evaluation of fire volunteers, practitioners and volunteer
organizations, which shall be under the full control and supervision of the BFP:
Provided, however, That during firefighting operations, volunteer organizations
shall be under the direct operational control of the ground commanders of the BFP;

(d) Enter into long term agreement, either through public biddings or
negotiations in accordance with the provisions of Republic Act No. 9184,
otherwise known as the Government Procurement Reform Act of 2003, for the
acquisition of fire prevention, fire protection and firefighting investigation,
rescue, paramedics, hazardous material handling equipment, supplies, materials
and related technical services necessary for the fire services;

(e) Enter into memoranda 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;

(f) Call on the police, other law enforcement agencies, and local government
assistance to render necessary assistance in the enforcement of this Fire Code;

(g) Designate a fire safety inspector through duly authorized representative,
who shall conduct an inspection of every building or structure within the
designated area of responsibility at least once a year and every time the owner,
administrator or occupant shall renew the Business Permit or Permit to Operate
notwithstanding any Permit to Operate, clearance, or certificate earlier issued by
the local authorities and other government agencies.


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No Occupancy Permit, Business Permit or Permit to Operate and Certificate
of Annual Inspection shall be issued without securing a Fire Safety Inspection
Certificate from the BFP; any violation thereof shall be punishable by
imprisonment of one (1) year to six (6) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than Two million pesos
(P2,000,000.00), without prejudice to the filing of an administrative case against
the offender;

(h) Inspect at reasonable time, any building, structure, installation or
premises for dangerous or hazardous conditions or materials as set forth in this
Fire 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. The
Chief, BFP or the duly authorized representative shall order the owner or
‘occupant to remove hazardous materials or stop hazardous operation or process
in accordance with the standards set by this Fire Code or its implementing rules
or regulations or other pertinent laws. Hazardous materials refer to substances,
solids, liquids, or gases that can harm people, other living organisms, property, or
the environment, more specifically;

(i) Where conditions exist and are deemed hazardous to life and property, to
order the owner or occupant of any building or structure to summarily abate such
hazardous conditions;

(j) Require the building owner or occupant to submit plans and
specifications, and other pertinent documents of said building and evaluate to
ensure compliance with applicable codes and standards. For this purpose, a Fire
Safety Evaluation Clearance shall be issued as a prerequisite for the issuance of a
Building Permit. Any Building Permit issued without the necessary Fire Safety
Evaluation Clearance is considered void ab initio, and the person who issued or
caused the issuance thereof, shall suffer the penalty of imprisonment of not less

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than one (1) year but not more than six (6) years and a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than Two million pesos
(P2,000,000.00), without prejudice to the filing of an administrative case against
the offender; and

(k) Issue a written notice to the owner or contractor to stop work on portion
of any work due to absence, or in violation of approved plans and specifications,
permit or clearance or certification as approved or issued by the Chief, BFP or the
duly authorized representative. The notice shall state the nature of the violation
and no work shall be continued on that portion until the violation had been
corrected. Any violation thereof shall be punishable by imprisonment of one (1)
year to six (6) years and a fine of not less than five hundred thousand pesos
(P500,000.00) but not more than two million pesos (P2,000,000.00) without
prejudice to the filing of an administrative case against the offender.

SEC. 6. Technical Staff. - The Chief, BFP shall constitute a technical staff
of highly qualified persons who are knowledgeable on fire prevention, fire safety,
and fire suppression. They may be drawn not only from the organic members of
the BFP and other government offices and agencies, but also from other sources.
In the latter case, they may either be appointed into the service or hired as
consultants in accordance with law. The technical staff shall study, review and
evaluate latest developments and standards on fire technology; prepare plans or
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 the
attention of the Chief, BFP; and perform such other functions as directed on any


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matter brought to the attention of the Chief, BFP and perform such other
functions as directed by higher authorities.

SEC. 7. Inspections, Safety Measures, Fire Safety Constructions and
Protective or Warning Systems. — As may be defined and provided in the rules
and regulations, owners, administrators or occupants of buildings, structures and
their premises or facilities and other responsible persons shall be required to
comply with the following, as may be appropriate:

(a) Inspection Requirement - A Fire Safety Inspection shall be conducted by
the Chief, BFP or the duly authorized representative and that if found compliant
with the fire safety provisions of this Fire Code, shall issue Fire Safety Inspection
Certificate, if not, proceed to administrative courses of action as prescribed by this
Fire Code and its implementing rules and regulations, for the:

(1) Use or occupancy of buildings, structures, facilities or their premises
including the installation or fire protection and fire safety equipment, and
electrical system in any building structure or facility; and

(2) Storage, handling or use of explosives or of combustible, flammable,
toxic and other hazardous materials;

(b) Safety Measures for Hazardous Materials — Fire safety measures shall be
required for the manufacture, storage, transportation handling or use of hazardous
materials with potential to cause harm to persons, property or the environment
because of one or more of the following:

i) The chemical properties of the substance;

ii) The physical properties of the substance; or

iii) The biological properties of the substance. Without limiting the
definition of hazardous materials, all dangerous goods, combustible liquids
and chemicals are hazardous materials. Dangerous goods refer to items or


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substances that when transported are a risk to health, safety, property or the

environment.

(c) Safety Measures for Hazardous Operation or Processes — Fire safety
measures shall be required for any hazardous operation or processes that may be
defined in the implementing rules and regulations.

(d) 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:

(1) Fire protection features such as sprinkler systems, hose boxes, hose
reels or standpipe systems and other firefighting equipment;

(2) Fire alarm systems;

(3) Fire walls to separate adjoining buildings, or warehouses and storage
areas from other occupants in the same building;

(4) Provisions for confining the fire at its source such as fire resistive
floors and walls extending up to the next floor slab or roof, curtain boards
and other fire containing or stopping components;

(5) Termination of all exits in an area affording safe passage to a public
way or safe dispersal area;

(6) Stairway, vertical shafts, horizontal exits and other means of egress
sealed from smoke and heat;

(7) A fire exit plan for each floor of the building showing the routes from
each room to appropriate exits, displayed prominently on the door of such
room;

(8) Self-closing fire resistive doors leading to corridors;


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(9) Fire dampers in centralized air conditioning ducts;

(10) Roof vents for use by fire fighters;

(11) Properly marked and lighted exits with provision for emergency
lights to adequately illuminate exit ways in case of power failure; and

(12) Smoke management system. This refers to a system which controls
the movement of the smoke during a fire intended to protect the occupants
while being evacuated or sheltered in place.

SEC. 8. Fire Safety Inspection Certificate. — A Fire Safety Inspection
Certificate shall be a prerequisite for the issuance of Occupancy Permit, Business
Permit or Permit to Operate, license or other permit issued by the following:

(1) Local government units;

(2) Office of the Building Official;

(3) Philhealth accreditation for hospitals;

(4) Department of Health;

(5) Philippine Economic Zone Authority and other similar entities; and

(6) Other government agencies subject to the rules and conditions set forth in
the implementing rules and regulations of this Fire Code.”

SEC. 9. Punishable Acts. — Any person who commits the following acts
and omissions shall be punished in accordance with this Fire Code and other
applicable laws:

(a) 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;

(b) Constructing gates, entrances and walkways to buildings components and
yards which obstruct the orderly and easy passage of fire fighting vehicles and

equipment;


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(c) Prevention, interference or obstruction of any operation of the fire
service, or of duly organized and authorized fire brigades;

(d) Obstructing designated fire lanes or access to fire hydrants;

(e) 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 located on the ground floor with open sides or open
doors sufficient to provide safe exits;

(®) Locking fire exits during period when people are inside the building;

(g) Prevention or obstruction of the automatic closure of fire doors or smoke
partitions or dampers;

(h) Use of fire protective of firefighting equipment of the fire service other
than for firefighting except in other emergencies where their use are justified;

(i) Giving false or malicious fire alarms;

(j) 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;

(k) Abandoning or leaving a building, structure or facility by the occupant or
owner without appropriate safety measures as enumerated in the implementing
rules and regulations of this Fire Code. In the event that a fire occurs due to the
negligence of the owner or occupant which resulted to injury, loss of life and or
damage to property, such owner or occupant shall be proceeded under the
applicable provisions of the Revised Penal Code and other special laws;

(1) 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,

(m) Use of jumpers or tampering with the standard design of the electrical
system or overloading the electrical system beyond its designated capacity or such

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other practices that would tend to undermine the fire safety features of the
electrical system;

(n) Obstruction, prohibition or prevention by any person in the conduct of
fire safety inspection by duly authorized BFP representative;

(0) Usurpation by any person of the functions of the BFP, such as the
implementation of this Fire Code and other related laws;

(p) Bribery or attempting to bribe any BFP personnel in exchange for the
commission of violations of this Fire Code and other related laws; and

(q) Interfering, influencing, or exerting undue influence on any BFP
personnel to issue the Fire Safety Evaluation Clearance, Fire Safety Inspection
Certificate or any other clearances.

SEC. 10. Abatement of Fire Hazards and Fire Traps. — Upon finding that
the status of a building or the operation of an establishment constitutes fire hazard
or lacks fire safety measures as provided in this Fire Code, the fire marshal shall:

1) _ Issue and serve a Notice to Comply setting forth therein the violations
noted and the period within which abatement of fire hazards, correction and
compliance shall be made, within thirty (30) days from receipt of the order,
depending on the gravity of the violation and the extent of the work to be done to
effect compliance;

2) Issue and serve a Notice to Correct Violation if no correction has been
made, or when there is a purported compliance but is not within the standards
required by this Fire Code, with an order to pay fine within ten (10) days from
receipt of the notice. The payment of the fine shall in no case be construed as
compliance to the noted violation. Upon service of the Notice to Correct Violation,
the fire marshal shall likewise cause the posting of a warning sign specifically
bearing the words: “Warning: This building or establishment is a fire hazard”.
The signage shall remain posted until such time that the building owner or

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occupant has implemented a complete correction of the noted violation. The
period to comply with the notice to correct violation shall not exceed thirty (30)
days from service of the notice; and

3) Issue a Closure Order, in the event of non-compliance within the
required period in the Notice to Correct Violation or Non-Payment of
Administrative Fine, within ten (10) days from receipt of the notice. A copy of the
Closure Order shall be given to the building official and the local chief executive
to effect the cancellation of the Business Permit or Permit to Operate. The Closure
Order shall contain a directive to the occupant to immediately vacate the building
to avert the possibility of loss of lives should a destructive fire occur. Any existing
Fire Safety Inspection Certificate issued is considered revoked upon the issuance
of a Closure Order;

During re-inspection under paragraphs (2) and (3) of this section, when
initial compliance is being effected by the owner, the Notice to Correct Violation
or Closure Order may not be issued. In lieu thereof, the owner may be allowed,
but only once, to execute an affidavit of undertaking specifically containing among
others the period of completion of work. For this purpose, the owner shall attach
in the affidavit the following, if applicable:

(i) Duly executed and notarized contract of works, entered into by the
building establishment and the contractor. The work covered by the contract

shall be completed for a period of not more than one hundred eighty (180)

days;

(ii) Duly signed and sealed plans, specifications and bill of materials
approved by the BFP; and
(iii) Authority to execute affidavit of undertaking in case of corporation,

partnership or association.


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Failure to comply within the period specified in the affidavit of undertaking
shall be a ground for the issuance of closure order and imposition of administrative
fine in the amount of Five hundred thousand pesos (P500,000.00);

5) Service of notices or orders mentioned in this section shall be made
during office or business hours of the concerned building or establishment.
Service thereof shall be made personally to the owner, or in the absence of the
owner, to the administrator, manager, safety officer, representative, employee or
any person of suitable age and discretion who is residing or working therein.
Registered mail may be resorted to when personal service maybe futile due to the
long absence or refusal of the owner or the aforementioned persons to receive such
notices or orders.

SEC. 11. Fire Trap. — Upon findings by the fire marshal concerned that the
status of a building or the operation of an establishment constitutes a fire trap, the
fire marshal shall:

(a) Issue and serve a notice to the owner, administrator, occupant or other
person responsible for the condition of the building, structure and their premises or
facilities, declaring a particular building as a fire trap. The notice shall contain the
following:

(i) An order to vacate the building and stop any operation thereof;

(ii) The grounds relied upon in declaring the same as fire trap; and

(iii) The period within which abatement of the hazards, correction and
compliance which shall be within thirty (30) days from receipt of the order.

Within twenty four (24) hours from the service of the notice, the fire marshal

shall submit a report on the circumstances surrounding the aforementioned

declaration to the regional director, who in tum shall forward a copy of the
same to the Chief, BFP.


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(b) Upon service of the notice, the fire marshal shall cause the posting of a
warning sign specifically bearing the words: “Warning: This building or
establishment is a fire trap.” The herein signage shall remain posted until such
time that the building owner or occupant has implemented the necessary correction
of the noted violations which in no case shall exceed thirty (30) days.

In all instances, the provincial fire marshal, regional director and the Chief,
BFP has the authority to review, revise, modify or reverse the action of the fire
marshal as provided for in this Fire Code. However, review by the foregoing
authorities shall not stay the declaration of a building or structure as a fire trap and
the period to correct the same.

SEC. 12. Liability of Building Owners. — The owner, administrator,
manager or person having authority in the management of the building or
establishment shall be held responsible for the loss of lives and damage to
properties on account of the refusal or failure to comply or implement the issued
order for closure mentioned in this Fire Code.

SEC. 13. Penalties. —

1. Against the private individual:

a) Administrative fine — Any person who violates any provision of the Fire
Code or any of the rules and regulations promulgated under this Act shall be
imposed an administrative fine not exceeding Five hundred thousand pesos
(P500,000.00) per violation or in the proper case, closure of such buildings,
structures and their premises or facilities which do not comply with the
requirements or by both such administrative fine and closure of buildings,
structures and other premises or facilities to be imposed by the Chief, BFP:
Provided, That the payment of the fine, closure of such buildings, structures, and

their premises or facilities shall not absolve the violator from correcting the

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deficiency or abating the fire hazard. The decision of the authorized BFP officer
may be appealed to the next higher authority; and

(b) Punitive — Any person who willfully fails to correct the deficiency or
abate the fire hazard or fire trap as provided in the preceding paragraphs, or who
commits any act mentioned in paragraphs (0), (p) and (q) of Section 9 hereof shall,
upon conviction, be punished by imprisonment of not less than one (1) year nor
more than six (6) years, or by a fine of not less than Five hundred thousand pesos
(P500,000.00) but not more than Two million pesos (P2,000,000.00), or both such
fine and imprisonment: Provided, however, That in the case of a corporation, firm,
partnership or association, the fine or imprisonment shall be imposed upon its
officials responsible for such violation, and in case the guilty party is an alien, in
addition to the penalties herein prescribed, he shall immediately be deported:
Provided, finally, That where the violation is attended by injury, loss of life or
damage to property, the violator shall be proceeded against under the applicable
provisions of the Revised Penal Code.

Any person who disobeys the lawful order of the ground commander during
the firefighting operation shall be punished by imprisonment of not less than one
(1) year to not more than six (6) years or a fine not less than Five hundred thousand
pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00), or both
such fine and imprisonment at the discretion of the court.

2. Against the public officer or employee:

(a) Administrative — The following acts or omissions shall render the public
officer or employee in charge of the enforcement of this Fire Code, its
implementing rules and regulations and other pertinent laws, administratively
liable, and shall be punished by suspension of not more than one (1) year for the
first offense and dismissal for the second offense, without prejudice to the

provisions of other applicable laws:


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(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 in front of the building or structure
within the area of responsibility found to be violating this Fire Code, its
implementing rules and regulations and other pertinent laws, that the same is
a “Fire Hazard” or a “Fire Trap”;

(3) Endorsing for the certification, or submitting a report that the building
or structure complies with the standards set by this Fire Code, its
implementing rules or regulations or other pertinent laws when the same is
contrary to fact;

(4) Issuance or renewal of Occupancy Permit or Business Permit without
the Fire Safety Inspection Certificate issued by the Chief, BFP or the duly
authorized representative;

(5) Failure to cancel the Occupancy Permit 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 or Order for Compliance with the standards set by this Fire Code, its
implementing rules and regulations and other pertinent laws, within the
specified period;

(6) Usurpation of the functions of the BFP, such as the implementation of
this Fire Code and other related laws;

(7) Interfering, influencing, or exerting undue influence on any BFP
personnel to issue the Fire Safety Evaluation Clearance, Fire Safety
Inspection Certificate or any other clearances;

(8) Abusing the authority in the performance of duty through acts of

corruption and other unethical practices; or

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(9) Other willful impropriety or gross negligence in the performance of
duty as provided in this Act or its implementing rules and regulations.

(b) Punitive — In case of willful violation involving the abovementioned
acts or omissions enumerated under Section 11 subparagraph 2(a), the public
officer or employee shall, upon conviction, be punished by imprisonment of not
less than one (1) year nor more than six (6) years, or by a fine of not less than Five
hundred thousand pesos (P500,000.00) not more than Two million pesos
(P2,000,000.00), or both such fine and imprisonment: Provided, That where the
violation is attended by injury, loss of life or property, the violator shall be
prosecuted under the applicable provisions of the Revised Penal Code and other
special laws.

SEC. 14. Appropriation and Sources of Income. -

(a) To support the manpower, infrastructure and equipment needs of the
BFP, such amount as may be necessary to attain the objectives of the Fire Code
shall be appropriated and included in the annual appropriation of the BFP.

(b) 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 and Section 8 hereof to be prescribed in the
implementing rules and regulations;

(2) One-tenth of one per centum (0.1%) of the estimated value of every
building or structure to be erected based from bill of materials and labor
submitted by the applicant or from the prevailing construction cost to be

prescribed by the implementing rules and regulations, whichever is higher;

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(3) Two per centum (2%) of the assessed value of every building,
structure or machinery annually payable upon payment of the real estate tax,
except on structures used as single family dwellings;

(4) Two per centum (2%) of all premiums, excluding re-insurance
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 firefighting equipment, appliances or devices, including hazard
detection and warning systems; and

(6) Two per centum (2%) of the service fees received from fire,
earthquake, and explosion hazard reinsurance surveys and post loss service
of insurance adjustment companies doing business in the Philippines directly
through agents.

SEC. 15. Collection of Taxes, Fees and Fines. — All taxes, fees and fines
provided in this Fire Code shall be collected by the BFP or through a collecting
agent that may be deputized by the BFP in accordance with a memorandum of
agreement duly approved by the Chief, BFP.: Provided, that twenty percent (20%)
of all such collections shall be intended for the use of the city or municipal
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 the fire station: Provided, further, That the remaining eighty per cent
(80%) shall be remitted to the National Treasury under a trust fund assigned to the
BFP for its modemization program, scholarship program, and the acquisition of
land for its offices, fire stations and training schools.

SEC. 16. Assessment of Fire Code Taxes, Fees and Fines. — The
assessment of fire code taxes, fees and fines is vested upon the BFP. The BFP

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shall, subject to the approval of the DILG, prescribe the procedural rules for such
purpose.

SEC. 17. Use of Income Generated from the Enforcement of the Fire
Code. — The Chief, BFP is authorized, subject to the approval of the Secretary of
the Interior and Local Government, to use the income generated under this Fire
Code for procurement of fire protection and firefighting investigation, rescue,
paramedics, supplies and materials, and related technical services necessary for the
fire service and the improvement of facilities of the Bureau of Fire and Protection.
The income shall also be used in the acquisition of land and the construction of
BFP offices, fire stations and training schools.

The BFP shall determine the optimal number of equipment, including, but
not limited to, fire trucks and fire hydrants, required by every local government
unit for the proper delivery of fire protection services in its jurisdiction.

In the procurement of firefighting and investigation supplies and materials,
the Bureau of Product Standards of the Department of Trade and Industry shall
evaluate, determine and certify if the supply to procured conforms to the product
standards fixed by the BFP. For this purpose, the BFP shall submit to the Bureau
of Product Standards a detailed set of product standards that must be complied with
in the procurement of firefighting and investigation supplies and materials within
six (6) months from the effectivity of this Act.

SEC. 18. Monitoring the Implementation of the Fire Code and the
Amount of the Fees Collected. — The Chief, BFP shall, within six (6) month from
the effectivity of this Fire Code, submit to the Secretary of the Interior and Local
Government for approval, a management tool or mechanism that would ensure
effective monitoring of the enforcement of the Fire Code to include the amount of

fees collected.

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SEC. 19. Implementing Rules and Regulations. — Within sixty (60) days
from the effectivity of this Act, the Secretary of the Interior and Local Government
shall issue the necessary rules and regulations for the effective implementation of
this Act.

SEC. 20. Repealing Clause. — Republic Act No. 9514, also known as the
“Fire Code of the Philippines of 2008” is hereby repealed. All other laws,
presidential decrees, letters of instructions, executive orders, rules and regulations
in so far as they are inconsistent with this Act, are hereby repealed or amended
accordingly.

SEC. 21. Separability Clause. — In case any provision of this Act or any
portion thereof is declared unconstitutional by a competent court, other provisions
shall not be affected thereby.

SEC. 22. Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,