Fire Code of The Philippines
Fire Code of The Philippines
Fire Code of The Philippines
OF THE PHILIPPINES
RA 9514
ABOUT US: REPORTERS
SECTION 1. This Act shall be known as the “Fire Code of the Philippines of
2008”.
(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.
SECTION 13. Collection of Taxes, Fees, and Fines - All taxes, fees and
fines provided in this Code shall be collected by the BFP: Provided, That
twenty percent (20%) of all such collections shall be set aside and
retained for use by 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 fire station: Provided, further, that the remaining eighty
percent (80%) shall be remitted to the National Treasury under a trust
fund assigned for the modernization of the BFP.
SECTION 14. 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.
SECTION 15. Presidential Decree No. 1185 is hereby repealed. All laws,
presidential decrees, letters of instruction, executive orders, rules and
regulations insofar as they are inconsistent with this Act, are hereby
repealed or amended as the case may be.
SECTION 16. 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.
SECTION 17. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of
general circulation.
REVISED IMPLEMENTING RULES AND
For purposes of this RIRR, the following terms, words and phrases shall
mean or be understood as follows:
Fire Exit Drill. A practice drill for the orderly and safe evacuation of
occupants in the buildings.
Fire Safety Compliance Report (FSCR). A written report composed of
plans, specifications and design analysis per building prepared by its
Engineer/Architect-of-Record and Fire Safety Practitioner.
Fire Safety Compliance and Commissioning Report (FSCCR). A
compilation report of all approved submittals, test and acceptance forms
of all fire protection and life safety features, which shall form part of the
“as-built” documents turned over by the contractor to the building owner.
RULE 3
Fire Safety Inspector (FSI). A uniformed/non-uniformed personnel of the
BFP responsible for fire safety inspection and assessment of fire hazards,
and whose function, duties and responsibilities are defined under Division
1, Chapter 2, Rule 8 of this RIRR.
Globally Harmonized System (GHS). A system developed by the United
Nations that defines and classifies the hazards of chemical products, and
communicates health and safety information on labels and safety data
sheets.
Material Safety Data Sheet (MSDS). Also known as Safety Data Sheet
(SDS). A form that contains data and information regarding the properties
of a particular substance.
RULE 3
Maximum Allowable Quantity (MAQ). The quantity of hazardous
material permitted in a control area.
Maximum Allowable Working Pressure (MAWP). The maximum pressure
permissible at the top of a container in its operating position for a
designated temperature, as established by the container manufacturer.
Occupant Load. The maximum number of persons that may be allowed to
occupy a particular building, structure, or facility, or portions hereof.
Safety Data Sheet (SDS). A document that describes composition of a
material, hazardous properties and hazard mitigation, and disposal
information
RULE 3
Smoking Area. A designated area where smoking is permitted within
premises where smoking is otherwise generally prohibited.
Smoke Barrier. A continuous membrane, or a membrane with
discontinuities created by protected openings, designed and constructed
to restrict the movement of smoke.
Smoke Compartment. A space within a building enclosed by smoke
barriers on all sides, including the top and bottom.
RULE 4. AUTHORITY OF THE CHIEF,
BUREAU OF FIRE PROTECTION
SECTION 4.0.0.1. GENERAL AUTHORITY TO ADMINISTER AND ENFORCE
RA 9514 AND ITS IRR.
The Administration and Enforcement of the RA 9514 and its RIRR shall be
under the direct supervision and control of the Chief, BFP, through the
hierarchy of organization as provided for in Chapter VI of Republic Act
No. 6975, the DILG Reorganization Act of 1990 as amended by Republic
Act No. 9263, the Bureau of Fire Protection (BFP) and Bureau of Jail
Management and Penology (BJMP) Professionalization Act of 2004.
RULE 4
SECTION 4.0.0.2. AUTHORITY OF THE CHIEF, BFP SUBJECT TO
APPROVAL OF SECRETARY OF INTERIOR AND LOCAL GOVERNMENT
(SILG)
The Chief, BFP, with the approval of the Secretary, DILG, is hereby
authorized to:
A. Issue IRR, and prescribe standards, schedules of fees/fire service charges
and administrative penalties therefor as provided in the pertinent provisions
of the RA 9514 and its RIRR;
B. Reorganize the BFP as may be necessary and appropriate;
C. 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.
D. Enter into Memoranda of Agreement with other departments, bureaus,
agencies, offices and corporations of the government, as well as private
institutions.
RULE 4
SECTION 4.0.0.3. SPECIFIC AUTHORITY OF CHIEF, BFP
A. Further, the Chief, BFP or his/her duly authorized
representative, in accordance with organizational hierarchy, is
hereby specifically authorized to:
B. However, the authority granted under this Section shall not in any way
diminish the power of the SILG to change, alter, modify, revise or amend
the actions of the Chief, BFP.
RULE 5. FIRE CODE TECHNICAL
STAFF
Division 1. Technical Staff
SECTION 5.0.1.1. CONSTITUTIONS AND QUALIFICATIONS
The Chief, BFP, shall constitute a technical staff of highly qualified persons
who are knowledgeable on fire prevention, fire safety, and fire suppression.
The documents required for the processing of FSEC, FSIC and other
clearances being issued by the BFP shall be in accordance with its
Citizen’s Charter.
DIVISION 1. SCOPE
DIVISION 2. SMOKING
F. Locking fire exits during period when people are inside the
building;
F. (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.
RULE 12. FIRE CODE TAXES, FEES/CHARGES
AND FINES
SECTION 12.0.0.2 FIRE CODE REVENUES
7. Storage Clearance Fee. Fee derived from storage of flammable and combustible
materials.
8. Conveyance Clearance Fee. Fee derived from transporting flammable and
combustible materials.
9. Installation Clearance Fee. Fee derived from installation of tanks, pipes of
flammable and combustible substances, building installations, and other fire
protection system and warning system.
10. Fire Code Fines. Fees derived from imposition of administrative fines and
penalties.
11. Other Fees. Fees derived from fireworks display, fumigation/fogging, fire drill,
hotworks, filing fees for FSEC, protest and appeal fee, and other clearances as
provided under this RIRR.
B. The account codes of the above classified taxes, fees/charges and fines shall
be prescribed by the Commission on Audit (COA).
RULE 12. FIRE CODE TAXES, FEES/CHARGES
AND FINES
SECTION 12.0.0.3 ASSESSMENT
B. The Chief, BFP or the Regional Director having jurisdiction shall designate
a Fire Code Fee Assessor in every City and Municipal BFP office upon
recommendation of C/MFM having jurisdiction.
RULE 12. FIRE CODE TAXES, FEES/CHARGES
AND FINES
SECTION 12.0.0.3 ASSESSMENT
D. The result of the assessment shall be the basis for issuance of Order of
Payment Slip (OPS) by the C/MFM having jurisdiction for purposes of
collection and deposit.
A. Fees
Storage Clearance Fee
Conveyance Clearance Fee
Installation Clearance Fee
Other Fees
RULE 12. FIRE CODE TAXES, FEES/CHARGES
AND FINES
SECTION 12.0.0.5 MANNER OF COLLECTION
D. Other options that the Chief, BFP may later prescribe, subject to the
existing accounting and auditing rules and regulations.
RULE 12. FIRE CODE TAXES, FEES/CHARGES
AND FINES
SECTION 12.0.0.6 DESIGNATION OF COLLECTING OFFICER
A. BFP shall prepare an annual program subject to the approval of the DILG
Secretary.
B. The eighty percent (80%) of all revenues collected by the BFP shall be used for
its modernization as herein prescribed.
C. The BFP shall prepare progressive modernization plans for its capability
building and resource allocation at the national, regional, provincial and
city/municipal levels.
D. For this purpose, the BFP shall submit to the BPS a detailed set of product
standards that must be complied with in the procurement of firefighting and
investigation supplies and materials.
RULE 12. FIRE CODE TAXES, FEES/CHARGES
AND FINES
SECTION 12.0.0.8 MONITORING
A. Every Fire Marshal shall keep a secured permanent recording system for
efficient and effective accounting and monitoring of all collected taxes, Fire
Code fees, fines and other charges.
C. Closure - Closure of the building shall be resorted to by the BFP when the
offender fails to comply with the abatement order or when the deficiency
constitutes a clear and imminent danger to life and property.
RULE 13. ADMINISTRATIVE COURSES OF
ACTION
SECTION 13.0.0.2 FIXING OF FINES
B. Failure to Pay Fine – Failure on the part of the violator to pay the
administrative fine within the period fixed in the Notice shall constitute a
ground for the issuance of Closure Order for the building or the portion
thereof
RULE 13. ADMINISTRATIVE COURSES OF
ACTION
SECTION 13.0.0.3 JURISDICTION
A. When the Inspection Report submitted by the Fire Safety Inspector (FSI)
indicates violation of RA 9514 and its RIRR, the C/MFM having jurisdiction
shall immediately issue Notice to Comply within which compliance shall be
effected within the period provided for under Section 13.0.0.6 of this RIRR.
C. After the lapse of the prescribed period to comply provided for under
the Notice to Correct Violations, a re-inspection shall be conducted.
D. After the lapse of the prescribed period to comply provided for under
the Abatement Order, a re-inspection shall be conducted.
E. During re-inspection under para “B” and “C” of this Section, if initial
compliance is effected by the owner, the NTCV or Abatement Order may not
be issued.
F. In cases where the building owner/administrator refuses or disallows the
conduct of fire safety inspection, the FSI shall indicate in the AIR the fact
that he/she is not allowed to inspect and submit the same to the Chief,
FSES/U.
RULE 13. ADMINISTRATIVE COURSES OF
ACTION
SECTION 13.0.0.5 PUBLIC NUISANCE
B. Within three (3) days -- Constructing gates, entrances and walkways to building
components and yards, which obstruct the orderly and easy passage of firefighting
vehicles and equipment.
C. Within seven (7) days - Failure to provide the fire safety precautions.
D. Within ten (10) days - Failure to provide fire walls to separate adjoining building
The BFP, in coordination with the Land Transportation Office (LTO), Highway Patrol
Group (HPG) or, in their absence, the Local PNP, shall conduct highway monitoring to
ensure that the handling and transport of hazardous materials and chemicals is in
accordance with the provisions of RA 9514 and its RIRR.
Where hazardous materials and chemicals found during the conduct of highway
monitoring, regular inspection or upon report of any concerned citizen pose an
imminent threat or danger to the residents of the building, adjoining property, or the
public in general, the BFP if found practicable, shall take immediate custody of the
same and turn it over to the concerned government agency.
RULE 14. MISCELLANEOUS PROVISIONS
SECTION 14.0.0.1 PROTEST
A. Any party aggrieved by the action(s) or findings of the C/MFM may challenge the
same by filing a VERIFIED PROTEST to the Office of the Provincial Fire Marshal or
District Fire Marshal, as the case may be, within five (5) days from receipt of a notice
or order.
B. Any request for reconsideration, request for extension of time to comply, and
such other matters pertaining to the issued notice or order shall be treated as a
protest, hence shall conform to the requirement as to form herein prescribed and pay
the corresponding protest fee.
C. No protest shall be given due course without the payment of a non-refundable
protest fee as indicated in the schedule of fees, the Official Receipt of which shall
be attached to the protest
D. The verified protest shall contain the name and address of the protestant
E. The protest must be supported by attaching therewith certified true copy of the
notice or order subject of the protest.
RULE 14. MISCELLANEOUS PROVISIONS
SECTION 14.0.0.1 PROTEST
F. The protest is verified by an affidavit that the affiant has read and understood
the contents thereof and that the allegations therein are true and correct of his
personal knowledge or based on authentic records.
G. In addition, the protestant shall likewise certify under oath that protestant has
not there to fore commenced any action or filed any claim involving the same issues
in any 351 court, tribunal or quasi-judicial agency and to the best of his knowledge,
no such other action or claim is pending therein
H. Failure to comply with the foregoing requirements shall be a ground for the
outright dismissal of the protest.
I. Upon receipt of the protest, the concerned District/Provincial Fire Marshal or
Regional Director may require the concerned fire marshal to forward all the
necessary records which shall include the Inspection Order (IO), After Inspection
Report (AIR) and such other documents that may aid the prompt disposition of the
case.
J. The protest shall be resolved within a period of fifteen (15) days from receipt of
the complete records of the case.
RULE 14. MISCELLANEOUS PROVISIONS
SECTION 14.0.0.2 APPEAL
A. Resolutions by the Provincial Fire Marshal, District Fire Marshal or the Regional
Director over a protest may be challenged by filing a verified appeal to the next
higher authority within five (5) days from the receipt of the decision or resolution
appealed from.
B. No appeal shall be given due course without the payment of a non-refundable
appeal fee as indicated in the schedule of fees, the Official Receipt of which shall
be attached to the appeal.
C. Upon receipt of the appeal, the appellate authority may require the lower unit
concerned to submit its comment on the appeal and the submission of the entire
records of the case.
D. The appeal shall be resolved within a period of thirty (30) days from receipt of
the complete records of the case, except when appeal is taken to the DILG.
RULE 14. MISCELLANEOUS PROVISIONS
SECTION 14.0.0.3 EFFECT OF FILING A PROTEST OR APPEAL
The filing of a protest or an appeal shall in no way stay the running of the period of
correction indicated in the Notice to Comply/Correct Violation or Abatement/Closure
Order, unless otherwise ordered by the higher authorities to where the protest or appeal
is filed.
The Chief, BFP shall have the authority to issue such further implementing details as
may be necessary to carry out the provisions of RA 9514 and its RIRR, with the approval
of the Secretary, DILG.
RULE 14. MISCELLANEOUS PROVISIONS
SECTION 14.0.0.6 ALTERNATIVE AND/OR REMEDIAL FIRE SAFETY
MEASURES
A. In cases of existing buildings which when forced to comply will compromise its
structural stability and/or integrity, the Chief, BFP may accept adequate alternative.
B. For this purpose, a Fire Safety Technical Committee shall be created to assist the
Chief, BFP in determining the adequacy of the said alternative measures.
C. The basis for the evaluation of the Fire Safety Technical Committee shall be in
accordance with the implementing guidelines approved by the Chief, BFP.
If any provision of this RIRR is declared invalid & unconstitutional, the other
provisions not affected thereby shall remain valid and subsisting.
RULE 14. MISCELLANEOUS PROVISIONS
SECTION 14.0.0.8 REPEALING AND AMENDING CLAUSE
These Implementing Rules and Regulations shall take effect thirty (30) days
after publication of the last installment in the Official Gazette or in a
newspaper of general circulation.
THANK
YOU BES!!