REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

House Bill No. _9162_

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTES

In 2008, Congress passed Republic Act No. 9514 otherwise known as the “Fire Code of the
Philippines of 2008”, as the principal law governing the prevention and suppression of all
destructive fires and the professionalization of the fire service as a profession. Accordingly,
the Code mandated the Bureau of Fire Protection (BFP) to enforce R.A. 9514 to all persons,
buildings, facilities or structures erected or constructed before or after its effectivity.
However, despite the clear language of the 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 of the Philippines to PEZA-registered economic

zones.

On 02 June 2017, a lone gunman burned portion of the Resorts World Manila which resulted
to the death of at least thirty-seven (37) persons. Consequently, a Congressional Inquiry was
conducted which revealed the overlapping authority of BFP and PEZA in the enforcement of
the Fire Code of the Philippines. Prior to the said incident, similar fire incidents had
previously occurred, where the issue was already brought to the fore.

Moreover, with the 10 year implementation of the present Fire Code, there were provisions
that were already found to be repugnant with the present program of President Rodrigo Roa
Duterte specifically on the streamlining of the processing of business and other local permits.
For instance, under R.A. 9514, only the BFP has the authority in the assessment and
collection of Fire Code Fees specifically those related to applications for local permits and
construction related permits. This specific provision therefore has to be revised if not
amended thereby allowing other agencies to collect fire code fees for and in behalf of the
BFP so as to fully align with the intents and purposes of the newly enacted R.A. 11032


otherwise known as “Ease of Doing Business and Efficient Government Service Delivery Act
of 2018”, with the end view of eradicating bureaucratic red tape and other forms of

corruption in the government.

Finally, R.A. 9514 tends to constrict the utilization of Fire Code fees collection as it only
mention that the Eighty (80%) thereof is only intended for the BFP modernization thusly
barring the BFP to acquire properties for the establishment of National, Regional, Provincial
Offices and city or municipal fire stations. The present Fire Code also does not expressly
allow the utilization of the Fire Code Fees Collection for the acquisition of rescue vehicles,
tools, devices and equipment, which are necessary in order for the BFP to successfully
perform its mandate of saving lives and properties and to keep the humanity 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 of the Philippines in economic zones;

2. Harmonize the assessment and collection for 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 every acts that tend to compromise fire safety
that endangers the lives and limbs as well as properties of the citizens of the

Philippines

In view of the foregoing reasons, the expeditious approval of this bill is earnestly requested.

C, ALEJANO


weeavrauerune

10
11
2

14
15
16
7
18
19

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session
9162

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

AN ACT
STRENGTHENING THE FIRE CODE OF THE PHILIPPINES, REPEALING
REPUBLIC ACT 9514 (FIRE CODE OF THE PHILIPPINES OF 2008) AND FOR
OTHER PURPOSES

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

SECTION 1. Short Title, - This Act shall be known as the “Fire Code of The
Philippines Act of 2018”

SEC. 2. Declaration of Policy. - It 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 fire service as a profession.
Towards 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 Act:

a) Abatement - Any act that would remove or neutralize a fire hazard;

b) Administrator - Any person who acts as agent of the owner and manages the use of
a building for him;

) Building - Any structure built for the support, shelter, or enclosure of persons,
animals, chattels, or property of any kind;

4) Closure Order - A written notice issued by the City/Municipal Fire Marshal to the
owner, administrator, or occupant to close the whole or portion of the building/structure and
to stop its operation upon determination during inspection the deficiency or violation noted in
the Notice to Correct Violation remains unabated or uncorrected after the lapse of the


eevraounewene

10
11
2
3
4
15
16
7
18
19
20
a
22
23
24

26
7

29

31

32
33

prescribed period thereof. The issuance of Closure Order shall include a notice of
cancellation of the existing Fire Safety Inspection Certificate of the building or structure;

©) Damper - A normally open device installed inside air duct system which
automatically closes to restrict the passage of smoke or fire;

1) Duct System - A continuous passageway for the transmission of air;

2) Fire - The active principle of burning, characterized by the heat and light of
combustion;

h) Fire Alarm - 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 - A fire resistive door prescribed for openings in fire separation walls or
partitions.

{) Fire Hazard - Any condition or act which increases or may cause an increase in the
probability of the occurrence of fire, or which may obstruct, delay, hinder or interfere with
firefighting operations and the safeguarding of life and property;

k) Fire Lane - The portion of a roadway or public-way that should kept opened and
unobstructed at all times for the expedient operation of firefighting units;

1) Fire Protective and Fire Safety Device - Any 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
‘wor by persons to protect themselves during fire.

m) Fire Safety Constructions - Refers to design and installation of walls, barriers,
doors, windows, vents, means of egress ete. 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. This features are also designed to achieve, among others, safe and
rapid evacuation of people through means of egress on construction which sealed from smoke
of 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. It shall also mean to include the treatment of building components or contents with the
flame retardant chemicals;

n) Fire Safety Evaluation Clearance - Refers to a document issued by the
City/Municipal Fire Marshal as prerequisite for the issuance of Building Permit upon

2


wav anewene

10
sty
12
13
14
15
16
7
18
19
20
2
2
2B
24
23

2

8

31
32
33

determination that the building or structure has complied with the requirements prescribed
under the Fire Code and its Implementing Rules and Regulations and other related laws;

0) Fire Safety Inspection Certificate - Refers to a document issued by the
City/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 the Fire Code and its Implementing Rules and Regulations and
other related laws;

p) Fire Trap - A structure or building is a fire trap when it lacks adequate or
inappropriate fire exits or means of egress;

q) Hazardous Operation/ Process - Any act of manufacturing, fabrication,
conversion, etc., that uses or produces materials which are likely to cause fires or explosions;

1) Horizontal Exit - Passageway from one building to another or through or around a
wall in approximately the same floor level;

s) Hose Box - A box or cabinet where fire hoses, valves and other equipment are
stored and arranged for fire fighting;

t) Hose Reel - A cylindrical device turning on an axis around which a fire hose is
wound and connected;

u) Jumper - A 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/Municipal Fire
Marshal to the owner, administrator, or occupant upon determination during inspection that
the building or structure has deficiency or violation with the Fire Code of the Philippines 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/Municipal Fire Marshal to the owner, admit

trator 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 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/Municipal
Fire Marshal to the applicant or owner, disapproving the application for Fire Safety
Evaluation Clearance or FSIC for Occupancy Permit upon determination that the plans and
specifications or the building or structure during inspection, as the case maybe, did not

3


wrnvranunewene

10
uu
2
13
14
15
16
7
18
19
20
a
22
23
24
25
26
a
28
29
30
31
32
33

conform to the fire safety requirements of the Fire Code of the Philippines and its IRR and
other fire related laws;

y) Occupancy - The purpose for which a building or portion thereof is used or
intended to be used;

z) Occupant - Any 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 - 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 - The person who holds the legal right of possession or title to a building
or real property;

cc) Public Assembly Building - Any building or structure where fifty (50) or more
people congregate, gather, or assemble for any purpose;

dd) Public Way - Any street, alley or other strip of land unobstructed from the ground
to the sky, deeded, dedicated or otherwise permanently appropriated for public use;

cc) Self-closing Doors - Automatic closing doors that are designed to confine smoke
and heat and delay the spread of fire;

ff) Sprinkler System - An integrated network or hydraulically designed piping
installed in a building, structure or area with outlets arranged in a systematic pattern which
automatically discharges water when activated by heat or combustion products from a fire;

22) Standpipe System - A 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) Structure - That which is built or constructed, an edifice or building or any kind,
or any piece of work artificially built up or composed of parts joined together in some
definite manner;

ii) Vertical Shaft ~ An enclosed vertical space of passage that extends from floor to
floor, as well as from the base to the top of the building; and

ji) Vestibule - A passage hall or antechamber between the outer doors and the interior
parts of a house or building.

SEC. 4, Applicability of the Code. ~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.


err anuewune

10
wu
12
13
14
15
16
7
18
19
20
a
22

24
25
26
a
28

30
31
32
33

SEC. 5. Responsibility for the Enforcement of this Code. ~ This Code shall be solely
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 Department 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/fire service charges and administrative penalties therefore as provided in the pertinent
provisions of this Code;

b) Reorganize the BFP as may be necessary and appropria

©) Support and assist fire volunteers, fire safety practitioners and fire 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 fire safety practitioners,
they shall undergo mandatory continuous professional 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 trainings,
education and evaluation of fire volunteers, practitioners, fire brigade and fire volunteer
organizations, which shall be under the full control and supervision of the BFP: Provided,
however, that during firefighting operations, fire volunteer organizations shall be under the

direct operational control of the fire ground commanders of the BFP;

4d) 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 equipment, investigation, rescue, paramedics, hazardous material
handling equipment, supplies, materials and related technical services necessary for the fire
services;

¢) 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;


eavaouerune

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

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

No occupancy permit, business or permit to operate and Certificate of Annual
Inspection shall be issued without securing a Fire Safety Inspection Certificate (FSIC) from
the Bureau of Fire Protection. 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 but not more
than Two Million Pesos, without prejudice to filing of an administrative case against the
offender;

h) Inspect at reasonable time, any building, structure, installation or premises for
dangerous or hazardous condition 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. The Chief, BFP or his/her 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 it

implementing rules
and regulations or other pertinent laws;

i) Where 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;

) Require the building owner/occupant to submit plans and specifications, and other
pertinent documents of said building and evaluate to ensure compliance with the Fire Code
and its IRR and other applicable codes and standards. For this purpose, a Fire Safety
Evaluation Clearance (FSEC) shall be issued as a prerequisite for the issuance of Building
Permit. Any building permit issued without the necessary FSEC is considered as void ab

initio, and the person who issued or caused the issuance thereof, shall suffer the penalty of
imprisonment of One (1) year to Six (6) years and a Fine of not less than Five Hundred
Thousand but not more than Two Million Pesos, without prejudice to filing of an
administrative case against the offender; and
k) 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 and/or issued by the BFP. The notice shall state the
6


ernvaneone

10
11
2
3
4
15
16
v7
18
19
20
a
2
23
24
25
26
a
2B
29

31
32
33
34

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 but not more than Two
Million Pesos 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 will 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/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; and perform such
other functions as directed by higher authorities.

SEC. 7. Inspections, Safety Measures, Fire Safety, Constructions, and Protective
and/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 his/her duly authorized representative and that if found compliant with the fire safety
provisions of this code shall issue fire safety inspection certificate, if not proceed to
administrative courses of action as prescribed by this code and its IRR, 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 and/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, and/or use of any hazardous materials
7


wear nunawne

10
nu
12
13
14
15
16
7
18
19
20
a
2

24

26
a

8

31
32
33

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; iii) The biological properties of the substance. Without limiting the definition
of hazardous material, all dangerous goods, combustible liquids and chemicals are hazardous
materials.

) Safety Measures for Hazardous Operations/Processes — Fire Safety measures shall
be required for any hazardous operations or processes that may be defined in the IRR.

4) 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 occupancies in the same building;

4. Provis source such as fire resistive floors and walls

ns for confining the fire at it

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;

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


wear nueswone

10
n
12
13
14
15
16
7
18
19
20
a
22
2B
24

26
ou

29

31

32
33

SEC. 8. Fire Safety Inspection Certificate. — A fire safety inspection certificate shall
be a prerequisite for the issuance of occupancy permits, business permits or permit to operate,
licenses and other permits issued by the following:

- Local Government Units (LGU);

. Office of The Building Official (OBO);

. Philhealth Accreditation for Hospitals;

}. Department of Health (DOH);

. Philippine Economic Zone Authority (PEZA) and other similar entities; and

aurene

Other government agencies subject to the rules and conditions set forth in the IRR
of this code.

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

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

b) 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;

4) 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;

f)  Overerowding 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;

2) _ Locking fire exits during period when people are inside the building;

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

i) _Use of fire protective or firefighting equipment of the fire service other than

for firefighting except in other emergencies where their use is justified;


wear ouewne

10
sb
12
13
14
15
16
7
18
19
20
a

23
24
25
26
7
28
29

a1
32
33

i) Giving false or malicious fire alarms;
k) 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, structure or faci

by the occupant or
‘owner without appropriate safety measures as enumerated in the IRR of this code. In the
event that an accidental fire will occur due to the negligence of the owner/occupant which
resulted to injury, loss of life and or damage to property, such owner/occupant shall be
proceeded under the applicable provisions of the revised penal code and other special laws;

m) 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;

n) Use of jumpers or tampering with the standard design of the electrical system
or overloading or such other practices that would tend to undermine the fire safety features of
the electrical system;

©) Usurpation by any person of the functions of the BFP, such as but not limited
to, the implementation of the Fire Code of the Philippines and other related laws;

p) Bribery or attempting to bribe any BFP personnel in exchange to commit
violations of this Act or other laws; and

q) __ Interfering, influencing, or exerting undue influence to any BFP personnel to

issue FSEC, FSIC or any other clearances.

SEC. 10. Abatement of Fire Hazards, General Procedures - Upon findings that the
status of a building or the operation of an establishment constitutes fire hazards or the lack of
fire safety measures as defined in this code and its IRR, the Fire Marshal concerned shall:

a) Issue and serve a Notice To Comply (NTC) setting forth therein the violations
noted and the period within which abatement of fire hazards, correction and compliance shall
be made, which shall be within a period as prescribed by the IRR, which shall in no case
exceed thirty (30) days from receipt of the order, depending on the gravity of the violation(s)
and the extent of the work to be done to effect compliance;

b) _Ifno correction has been made or when there is a purported compliance but is
not within the standards required by this code and its IRR, the Fire Marshal concerned shall
issue and serve a Notice To Correct Violation (NTCV) with an Order To Pay Fine which
shall be paid within a period of ten (10) days from receipt of the said notice. The payment of
fine shall in no case be construed as compliance to the noted violations. Upon service of the

10


eeavaneune

10
sey

14
15
16
7
18
19
20
2

23
24
25
26
7
28
29

31

8

NTCY, the Fire Marshal concerned shall likewise cause the posting of a warning sign
specifically bearing the words: “Warning: this building/establishment is a fire hazard”. The
herein signage shall remain posted until such time that the building owner or occupant have
implemented a complete corrections of the noted violations. The period to comply the NTCV
shall not exceed a period of thirty (30) days from service of the said notice.

©) In the event of non-compliance within the required period in the NTCV or
non-payment of administrative fine within a period of ten (10) days from receipt of the
notice, the Fire Marshal concerned shall issue a closure order, furnishing a copy thereof to the
building official and the local chief executive to effect the cancellation of business or permit
to operate. The closure order shall contain a directive to the occupants to immediately vacate
the building to avert the possibility of loss of lives should destructive fires occur. Further, any
existing FSIC issued is considered revoked upon the issuance of closure order. 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 but not more than Two Million Pesos.

4) During re-inspection under para b and c of this section, initial compliance was
effected by the owner, the said NTCV 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 his affidavit the following if applicable:

i) Duly executed and notarized contract of works, entered into by the building
establishment and the contractor which in no case shall exceed a period of 180
days;

ii) Duly signed and sealed plans, specifications and bill of materials approved by
the BFP;

iii) Authority to execute Affidavit of Undertaking in case of corporation,
partnership or association.

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.

©) 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 his absence, to the administrator, manager, building-in-
charge, 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

1


eoarvraonewne

10
1
2
13
14
15
16
7
18
19
20
a
22
23
24
25
26
27
28
29
30
31

maybe futile due to the long absence or refusal of the owner or the personalities

aforementioned 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, he or she shall:
a) Issue and serve a notice declaring a particular building as a fire trap to the

‘owner, administrator, occupant or other person responsible for the condition of the building,

structure and their premises or facilities. The notice shall contain an order to vacate the
building and/or stop any operation thereof, the grounds relied upon in declaring the same as
fire trap and the period within which abatement of the hazards, correction and compliance
shall be made, which shall be within a period of either fifteen (15) days or thirty (30) days
from receipt of the order, depending on the gravity of the violation(s) and the extent of the
work to be done to effect compliance. Within 24 hours from the service of the notice the
concerned fire marshal, shall submit a report on the circumstances surrounding the
aforementioned declaration to the Regional Director, who in turn shall forward a copy of the
same to the Chief BFP;

b) Upon service of the notice, the fire marshal concerned shall cause the posting
of a waming sign specifically bearing the words: “WARNING: THIS
BUILDING/ESTABLISHMENT IS A FIRE TRAP”. The herein signage shall remain
posted until such time that the building owner or occupant have implemented the necessary
correction of the noted violations which in no case shall exceed a period of 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(s) of the Fire Marshall as
provided for in this 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/or damage to properties on account of its refusal or

failure to comply or implement the issued order for closure mentioned in this code.

12


wav naueone

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
penalized by an administrative fine of not more than Five Hundred Thousand

Pesos per imposition 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 to be imposed by
the 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 deficiency or abating the fire hazard. The decision of the
concerned BFP Officer may be appealed to the next higher authority.

b) Punitive ~ Any person who willfully failed to correct the deficiency or abate
the fire hazard or fire trap as provided in the preceding sections, or who
committed any act mentioned in paragraphs (0), (p) and (q) of Section 9 hereof
shall upon conviction, be punished by imprisonment of | year to 6 years or a
Fine of not less than Five Hundred Thousand but not more than Two Million
Pesos or both such fine and imprisonment: Provided, however, That in case of
a corporation, firm, partnership or association, the fine and/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 and/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 fire ground commander
during a fire fighting operation shall be penalized with imprisonment of 1 year
to 6 years or a Fine of not less than Five Hundred Thousand but not more than

Two Million Pesos or both in the discretion of the court.

2) Against the public officer/employee:

a) Administrative — The following acts or omissions shall render any public
officer/employee in charge of the enforcement of this Code, its implementing
rules and regulations and other pertinent laws, administratively liable, and
shall be punished by suspension of not more than one year for the first offense

2B


war aoneawne

10
1
12
2B
4

16
7

19

a
2
23
24
25
26
7
28
29

31
32
33

and dismissal for the second offense, without prejudice to the prosecution of

other applicable laws, for:
i)

b)

iii)

iv)

vi)

vii)

viii)

ix)

Unjustified failure of the public officer/employee to conduct inspection
of buildings or structures at least once a year;

Deliberate failure to put up a sign in front of the building or structure
within his/her area of responsibility found to be violating this Code, its
implementing rules and regulations or other pertinent laws, that the
same is a "FIRE HAZARD" or a "FIRE TRAP"

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

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;

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
implementing rules and regulations and other pertinent laws, within the
specified period;

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

Other willful impropriety or gross negligence in the performance of
his/her duty as provided in this Act or its implementing rules and
regulations;

Usurpation on the functions of the BFP, such as but not limited to, the
implementation of the Fire Code of the Philippines and other related
laws; and

Interfering, influencing, or exerting undue influence to any BFP

personnel to issue FSEC, FSIC or any other clearances.

Punitive — In case of willful violation to the abovementioned acts or omissions

enumerated under Section 13 subparagraph 2(a), the public officer/employees

shall, upon conviction, be punished by imprisonment of 1 year to 6 years or a

4


eearvraunerwn

10
coy
2
23
4
15
16
7
18
19

2
2
23
24
2
26
a
28
29

31
32
33
34

Fine of not less than Five Hundred Thousand but not more than Two Million
Pesos or both such fine and imprisonment: Provided, that where the violation
is attended by injury, loss of life and/or property, the violator shall also be
prosecuted under the applicable provisions of the Revised Penal Code.

SEC. 14. Appropriation and Sources of Income. ~
a) To support the manpower, infrastructure and equipment needs of the fire

service 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 application and issuance of certificates or clearances as
provided for in Section 7 and 8 hereof to be prescribe in the IRR;

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

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 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
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. — A\l taxes, fees and fines provided in

this Code shall be collected by the BFP or through collecting agent that may be deputized by
the BEP in accordance with a MOA duly approved by the Chief, BFP. Provided, that twenty
percent (20%) of all such collections shall be intended for the use by the city or municipal

15


earners ene

10
1
12
13
14
15
16
7
18
19
20
2
2

24
25
26
27
28

31
32
33

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: Provided, further, That the remaining eighty percent (80%) shall be remitted to
the National Treasury under a trust fund assigned to the BFP for their modernization
program, scholarship program, and the acquisition of lot for their 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 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 the 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 BFP. The income shall also be used in the acquisition of lot and 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
if the supply so 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) months from the effectivity of this

Code, submit to the Secretary of the Interior and Local Government for his/her approval, a

16


wnraunewene

10
u
12
13
14
15
16
7

management tool or mechanism that would ensure effective monitoring of the enforcement of
the Fire Code to include the amount of Fire Code fees collected.

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

rules and regulations for its effective implementation.

SEC. 20. Repealing Clause. - RA 9514 is hereby expressly repealed. All 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 as the case may be.

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 two (2) national newspaper of general circulation.

Approved,

7