Presidential Decree No. 1185
Repealed by R.A.
9514
WHEREAS, death and injury to persons and loss and damage to property by
fire have reached alarming proportion that the economic and social gains of the
society are being continually undermined;
WHEREAS, in order to effect a meaningful reduction of the alarming fire
losses, there is a need to develop national consciousness and involvement of
all persons in the prevention and suppression of fires;
WHEREAS, fire prevention and suppression require the adoption of
uniform fire safety standards, the incorporation of fire safety construction
and provision of protective and safety devices in buildings and structures;
WHEREAS, there is an urgent need for an agency primarily responsible
for the implementation and coordination of the activities of all sectors of
society on fire safety, prevention and suppression;
WHEREAS, in order to effectively implement all efforts to minimize the
occurrence of fires and their destructive effects, full financial, equipment
and personnel support by the government and the private sector is necessary;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order and
decree as part of the law of the land the following:
Section 1
Title
This Decree and the Rules and Regulations for its implementation shall
be known as the "Fire Code of the Philippines" and shall hereinafter
be referred to as the "Fire Code".
Section 2
Declaration of Policies
The following are declared policies of the State:
(a)
The government, with the cooperation of the private
sector, shall develop and promulgate sets of standards and regulations taking
into consideration the latest development in fire technology suitable to
Philippine conditions;
(b)
Fire prevention and fire safety shall be given
equal, if not greater emphasis as the suppression or extinguishment of fires.
Fire prevention education shall be undertaken continuously involving all
sectors of the community;
(c)
The Fire Service of the Integrated National Police
shall endeavor to respond to all fires before they reach critical and
conflagration stages. Towards this end, the organization, administration and
operation of the Fire Service shall be improved and developed, its personnel
and equipment augmented and effective fire alarm systems set up; and
(d)
The Fire Service shall be professionalized. For this
purpose, educational institutions shall endeavor to include in their curricula,
courses on fire technology and fire protection engineering.
Section 3
Definition of Terms
As used in this Fire Code, the following words and phrases shall mean
and be construed as indicated:
ABATEMENT – any act that
would remove or neutralize a fire hazard.
ADMINISTRATOR – any person who
acts as agent of the owner and manages the use of a building for him.
BLASTING AGENT – any material
or mixture consisting of a fuel and oxidizer used to set off explosives.
CELLULOSE NITRATE OR NITRO
CELLULOSE – a highly combustible and explosive compound produced by the reaction
of nitric acid with a cellulose material
CELLULOSE NITRATE PLASTIC
(PYROXYLIN) – any plastic substance, materials or compound having cellulose
nitrate (nitro cellulose) as base
COMBUSTIBLE, FLAMMABLE OR
INFLAMMABLE – descriptive of materials that are easily set on fire
COMBUSTIBLE FIBER – any readily
ignitable and free burning fiber such as cotton, oakum, rags, waste cloth,
waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials
commonly used in commerce.
COMBUSTIBLE LIQUID – any liquid
having a flash point at or above 37.8oC (100oF)
CORROSIVE LIQUID – any liquid
which causes fire when in contact with organic matter or with certain chemicals
CURTAIN BOARD – a vertical
panel of non-combustible or fire resistive materials attached to and extending
below the bottom chord of the roof trusses, to divide the underside of the roof
into separate compartments so that heat and smoke will be directed upwards to a
roof vent
CRYOGENIC – descriptive of
any material which by its nature or as a result of its reaction with other
elements produces a rapid drop in temperature of the immediate surroundings
DAMPER – a normally open
device installed inside an air duct system which automatically closes to
restrict the passage of smoke or fire.
DISTILLATION – the process of
first raising the temperature in separate the more volatile from the less
volatile parts and then cooling and condensing the resulting vapor so as to
produce a nearly purified substance.
DUCT SYSTEM – a continuous
passageway for the transmission of air.
DUST – a finely
powdered substance which, when mixed with air in the proper proportion and
ignited will cause an explosion.
ELECTRICAL ARC – an extremely
hot luminous bridge formed by passage of an electric current across a space
between two conductors or terminals due to the incandescence of the conducting
vapor.
EMBER – a hot piece or
lump that remains after a material has partially burned, and is still oxidizing
without the manifestation of flames.
FINISHES – materials used
as final coating of a surface for ornamental or protective purposes.
FIRE – the active
principle of burning, characterized by the heat and light of combustion.
FIRE TRAP – a building
unsafe in case of fire because it will burn easily or because it lacks adequate
exits or fire escapes
FIRE ALARM – any visual or
audible signal produced by a device or system to warm the occupants of the
building or fire fighting 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.
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 fire
fighting operations and the safeguarding of life and property.
FIRE LANE – the portion of
a roadway or public way that should be kept opened and unobstructed at all
times for the expedient operation of fire fighting units.
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 worn by persons to protect themselves during fire.
FIRE SAFETY CONSTRUCTIONS – refers to
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. It shall also mean to include the treatment
of buildings components or contents with flame retardant chemicals.
FLASH POINT – the minimum
temperature at which any material gives off vapor in sufficient concentration
to form an ignitable mixture with air.
FORCING – a process
where a piece of metal is heated prior to changing its shape or dimensions.
FULMINATE – a kind of
stable explosive compound which explodes by percussion.
HAZARDOUS OPERATION/PROCESS – any act of
manufacturing, fabrication, conversion, etc., that uses or produces materials
which are likely to cause fires or explosions.
HORIZONTAL EXIT – passageway
from one building to another or through or around a wall in approximately the
same floor level
HOSE BOX – a box or
cabinet where fire hoses, valves and other equipment are stored and arranged for
fire fighting.
HOSE REEL – a cylindrical
device turning on an axis around which a fire hose is wound and connected.
HYPERGOLIC FUEL – a rocket or
liquid propellant which consists of combinations of fuels and oxidizers which
ignite spontaneously on contact with each other.
INDUSTRIAL BAKING AND DRYING – the industrial
process of subjecting materials to heat for the purpose of removing solvents or
moisture from the same, and/or to fuse certain chemical salts to form a uniform
glazing the surface of materials being treated.
JUMPER – a piece of
metal or an electrical conductor used to bypass a safety device in an
electrical system.
OCCUPANCY – the purpose
for which a building or portion thereof is used or intended to be used.
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.
ORGANIC PEROXIDE – a strong
oxidizing organic compound which releases oxygen readily, it causes fire when
in contact with combustible materials especially under conditions of high
temperature.
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.
OWNER – the person who
holds the legal right of possession or title to a building or real property.
OXIDIZING MATERIAL – a material
that readily yields oxygen in quantities sufficient to stimulate or support
combustion.
PRESSURIZED OR FORCED DRAFT
BURNING EQUIPMENT – type or burner where the fuel is subjected to
pressure prior to discharge into the combustion chamber and/or which includes
fans or other provisions for the introduction of air at above normal atmosphere
pressure into the same combustion chamber.
PUBLIC ASSEMBLY BUILDING – any building
or structure where fifty (50) or more people congregate, gather, or assemble
for any purpose
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.
PYROPHORIC – descriptive of
any substance that ignites spontaneously when exposed to air.
REFINING – a process
where impurities and/or deleterious materials are removed from a mixture in
order to produce a pure element of compound. It shall also refer to partial
distillation and electrolysis.
SELF-CLOSING DOORS – automatic
closing doors that are designed to confine smoke and heat and delay the spread
of fire.
SMELTING – melting or
fusing of metallic ores or compounds so as to separate impurities from pure
metals.
SPRINKLER SYSTEM – an integrated
network of 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.
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.
VESTIBULE – a passage hall
or antechamber between the outer doors and the interior parts of a house or
building.
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
Section 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.
Section 5
Grace Period
The owner, administrator or occupant of buildings or structures
existing at the time of the effectivity of the Fire Code is given two (2) years
to comply with the provisions thereof on fire safety constructions and on
protective and warning systems. However, the Director General of the Integrated
National Police may prescribe a shorter period depending upon the degree of
hazard to be recorded and the cost and extent of the work to be done.
Section 6
Responsibility for the
Enforcement of this Code
The Fire Service, under the direct supervision and control of the
Director General of the Integrated National Police, hereinafter referred to as
the "Director General" shall be responsible for the enforcement of
this Code, as well as pertinent provisions of other laws pertaining to fire
protection or fire safety. With the approval of the Secretary of National
Defense, the Director General is hereby authorized to:
(a)
Issue implementing rules and regulations, and
prescribe administrative penalties therefore;
(b)
Reorganize the Fire Service of the Integrated
National Police as may be necessary and appropriate;
(c)
Enter into long term agreement, either through
public biddings or negotiations to include advance payments therefore, for the
acquisition of fire prevention, fire protection and fire fighting equipment,
supplies and materials and related technical services necessary for the Fire
Service; and
(d)
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 corporation and
coordination and delineate responsibility on fire prevention education, fire
safety, fire prevention, fire suppression and other matters of common concern.
Section 7
Technical Staff
The Director General 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
Integrated National Police 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 Director General on any matter brought to his attention; and perform such
other functions as directed on any matter brought to his attention and perform
such other functions as directed by higher authorities.
Section 8
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 Director General or his duly authorized
representative as prerequisite to the grants of permits and/or licenses by
local governments and other government agencies concerned, 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;
(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, handling and/or use of
hazardous materials involving:
(1)
Cellulose nitrate plastic of any kind;
(2)
Combustible fibers;
(3)
Cellular materials such as foam, rubber, sponge
rubber and plastic foam;
(4)
Flammable and combustible liquids or gases of any
classification;
(5)
Flammable paints, varnishes, stains and organic
coatings;
(6)
High-piled or widely spread combustible stock;
(7)
Metallic magnesium in any form;
(8)
Corrosive liquids, oxidizing materials, organic
peroxide, nitromethane, ammonium nitrate, or any amount of highly toxic,
pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as
material compounds which when exposed to heat or flame become a fire conductor,
or generate excessive smoke or toxic gases;
(9)
Blasting agents, explosives and special industrial
explosive materials, blasting caps, black powder, liquid nitro-glycerine,
dynamite, nitro cellulose, fulminates of any kind, and plastic explosives
containing ammonium salt or chlorate;
(10) Fireworks materials of any kind or form;
(11) Matches in commercial quantities;
(12) Hot ashes, live coals and embers;
(13) Mineral, vegetable or animal oils and other
derivatives/by products;
(14) Combustible waste materials for recycling or resale;
(15) Explosive dusts and vapors; and
(16) Agriculture, forest, marine or mineral products
which may undergo spontaneous combustion.
c. Safety measures for hazardous operation/processes
Fire Safety measures shall be required for the following hazardous
operation/processes:
(1)
Welding or soldering;
(2)
Industrial baking and drying;
(3)
Waste disposal;
(4)
Pressurized/forced-draft burning equipment;
(5)
Smelting and forging;
(6)
Motion picture projection using electrical arc
lamps;
(7)
Refining, distillation and solvent extraction; and
(8)
Such other operations or processes as may hereafter
be prescribed in the Rules and Regulations.
d. Provision on Fire Safety Construction, Protective
and Warning System Owners, occupants or administrator or 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 6
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 fire fighting 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)
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 meals of egress sealed from smoke and heat;
(7)
A fire exit plan for each floor of the building
showing the routes from each other 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; and
(11) Properly marked and lighted exits with provision for
emergency lights to adequately illuminate exit ways in case of power failure.
Section 9
Prohibited Acts
The following are declared as prohibited act and omission.
(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;
(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 on the ground floor
with open sides or open doors sufficient to provide safe exits;
(f)
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 fire fighting equipment of
the Fire Service other than for fire fighting 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 or structure by the
occupant or owner without appropriate safety measures;
(l)
Removing. destroying, tampering or obliterating any
authorized mark, seal, sign or tag posted or required by the Fire Service for
fire safety in any building, structure or processing equipment; and
(m)
Use of jumpers or tampering with electrical wiring
or overloading the electrical system beyond its designated capacity or such
other practices that would tend to undermine the fire safety features of the
electrical system.
Section 10
Abatement of Fire Hazard
Fire hazards shall be abated immediately. For this purpose, the
Director General or his duly authorized representative may issue order for such
abatement. If the owner, administrator or occupant of buildings, structure and
their premises or facilities does not abate the same within the period fixed in
said order, the occupancy permit or permit to operate shall be canceled. Any
building or structure declared as a firetrap or is causing clear and present
fire danger to adjoining establishments and habitations shall be declared a
public nuisance, as defined in the Civil Code of the Philippines. If the
assessed value of the building or structure is not more than twenty thousand
(P20,000.00) pesos, the owner, administrator or occupant thereof shall abate
the hazard within thirty (30 days or if the assessed value is more than twenty
thousand (P20,000.00) pesos, within sixty (60) days from receipt of the order
declaring said building or structure a public nuisance; otherwise, the Director
General or his duly authorized representative shall forthwith cause its summary
abatement. Summary abatement as used herein shall mean all corrective measures
undertaken to abate hazards which shall include but not limited to remodeling,
repairing, strengthening, reconstructing, removal and demolition, either
partial or total, of the building or structure. The expenses incurred by the
government for such summary abatement shall be borne by the owner,
administrator or occupant. These expenses shall constitute a prior lien upon
such property.
Section 11
Enforcement of The Lien
If the owner, administrator or occupant fails to reimburse the
government of the expenses incurred in the summary abatement within ninety (90)
days from the completion of such abatement, the building or structure shall be
sold at public auction in accordance with existing laws and rules. No property
subject of lien under Section 10 hereof, may be sold at a price lower than the
abatement expenses incurred by the government. The property shall be forfeited
in favor of the government if the highest bid is not at least equal to the
abatement expenses.
Section 12
Penalties
(a) ADMINISTRATIVE FINE
Any person who violates any
provision of the Fire Code or any of the rules and regulations promulgated
under Section 6 hereof shall be penalized by an administrative fine of not
exceeding twelve thousand (P12,000.00) pesos or in the proper case, by stoppage
of operations or by 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/stoppage of operation to be imposed by the
Director General, Provided, That the payment of the fine, stoppage of
operations and/or closure of such buildings, structures, and their premises or
facilities shall not absolve the violator from correcting the deficiency or
abating the fire hazard. The decision of the Director General, under this
subsection, may be appealed to the Secretary of National Defense, within
fifteen (15) days from the date of receipt of the order imposing the
administrative fine, stopping the operations and/or closure. The decision of
the Secretary of National Defense shall be final and executory.
(b) PUNITIVE
In case of willful failure
to correct the deficiency or abate the fire hazard as provided in the preceding
subsection, the violator shall, upon conviction, be punished by imprisonment of
not less than six (6) months nor more than six (6) years, or by a fine of not
more than twenty thousand (P20,000.00) 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 were the violation is attended by loss of
life and/or damage to property, the violator shall be proceeded against under
the applicable provisions of the Revised Penal Code.
Section 13
Appropriation and Sources of
Income
(a)
To support the manpower, infrastructure and
equipment needs of the Fire Service of the Integrated National Police, the sum
of one hundred million (P100,000,000.00) pesos is hereby appropriated.
Thereafter, the same of 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 Integrated National Police for the next ten (10) years.
(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 8 (a) hereof;
(2)
One-tenth of one per centum (0.1%) of the verified
estimated value of buildings or structures to be erected, from the owner
thereof, but not to exceed fifty thousand (P50,000.00) pesos, one half to be
paid prior to the issuance of the building permit, and the balance, after final
inspection and prior to the issuance of the use and occupancy permit;
(3)
One-hundredth of one per centum (0.10%) of the
assessed value of buildings or structures annually payable upon payment of the
real estate tax, except on 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 fire fighting 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 preinsurance surveys and post loss
service of insurance adjustment companies doing business in the Philippines
directly through agents.
Section 14
Collection of Taxes, Fees
and Fines
All taxes, fees and fines provided in Section 13 hereof, shall be
collected by the City or Municipal Treasurer concerned for remittance to the
National Treasury.
Section 15
Separability Clause
If any provision of this Code or the application of such provisions to
any person or circumstance is declared unconstitutional, the remainder of the
Code or the application of such provision to other persons or circumstances
shall not be affected by such declaration.
Section 16
Repealing Clause
Provisions of Presidential Decree No. 442, otherwise known as the Labor
Code of the Philippines, as amended and Presidential Decree No. 1096, otherwise
known as the National Building Code and other laws, decrees, orders or
regulations in conflict or inconsistent with the provisions of this Fire Code
are hereby repealed or modified accordingly.
Section 17
Effectivity
This Fire Code and its Rules and Regulations shall take effect thirty (30)
days after their publication in newspapers of general circulation.
Done in the City of Manila, this 26th day of August, in the year of Our
Lord, nineteen hundred and seventy-seven.
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