Republic Act No. 9514
AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE
PHILIPPINES, REPEALING PRESIDENTIAL DECREE No. 1185 AND FOR OTHER PURPOSES
Repealed PD 1185
Section 1
This Act shall be known as the "Revised Fire Code of the
Philippines of 2008"
Section 2
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 for fire safety in the fire protection
service and prevention service.
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 publicway 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
Responsibility for the
Enforcement of this Code
This 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 Department of the Interior and Local Government (DILG), the 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
appropriate;
c. Support and assist fire volunteers, 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 the Fire practitiones, 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 training, education and evaluation
of fire volunteers, practitioners 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;
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 fire fighting
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 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;
No occupancy permit,
business or permit to operate shall be issued without securing a Fire Safety
Inspection Certification (FSIC) from the Chief, BFP, or his/her duly authorized
representative;
h. Inspect at reasonable time, any building, structure,
installation or premises for dangerous or hazardous conditions 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 its implementing rules or 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;
j. Require the building owner/occupant to submit plans
and specifications, and other pertinent documents of said building to ensure
compliance with applicable codes and standards; and
k. Issue a written notice to the owner and/or
contractor to stop work on portion of any work due to absence, or in violation
of approved plans and specifications, permit and/or clearance or certification
as approved by the Chief, BFP or his/her duly authorized representative. The
notice shall state the nature of the violation and no work shall be continued
on that portion until the violation has been corrected.
Section 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 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 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 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; 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, 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.
(17) Any other substance with potential to cause harm to
persons, property or the environment because of one or more of the following:
a) The chemical properties of the substance; b) The physical properties of the
substance; c) The biological properties of the substance. Without limiting the
definition of hazardous material, all dangerous goods, combustible liquids and
chemicals are hazardous materials.
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 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 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 means 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 airconditioning 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 8
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 9
Violation, Penalties and
Abatement of Fire Hazard
Fire hazards shall be abated immediately. The Chief, BFP or his/her
duly authorized representative, upon the report that a violation of this Code
or other pertinent laws, rules and regulations is being committed, shall issue
notice/order to comply to the owner, administrator, occupant or other person
responsible for the condition of the building or structure, indicating among
other things, the period within which compliance shall be effected, which shall
be within ten (10) to fifteen (15) days after the receipt of the notice/order,
depending on the reasonableness to adequately comply with the same.
If, after the lapse of the aforesaid period, the owner, administrator,
occupant or other responsible person failed to comply, the Chief, BFP or
his/her authorized representative shall put up a sign in front of the building
or structure that it is fire hazard. Specifically, the notice shall bear the
words "WARNING: THIS BUILDING/STRUCTURE IS A FIRE HAZARD", which
shall remain posted until such time that the owner, administrator, occupant or
other person responsible for the condition of the building, structure and their
premises or facilities abate the same, but such period shall not exceed fifteen
(15) days from the lapse of the initial period given in the notice/order to
comply.
Finally, with the failure of the owner, administrator, occupant or
other person responsible for the condition of the building, structure and their
premises or facilities to comply within the period specified above, the Chief,
BFP 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 building, structure, premises
or facilities shall be ordered closed by the Chief, BFP or his/her duly
authorized representative notwithstanding any permit clearance or certificate
earlier issued by the local authorities.
Any building or structure assessed and declared by the chief, BFP or
his/her duly authorized representative as a firetrap on account of the gravity
or palpability of the violation or is causing clear and present imminent fire
danger to adjoining establishments and habitations shall be declared a public
nuisance, as defined in the Civil Code of the Philippines in a notice to be
issued to the owner, administrator, occupant or other person responsible for
the condition of the building, structure and their premises or facilities. If
the assessed value of the nuisance or the amount to be spent in abating the same
is not more than One hundred thousand pesos (P100,000.00), the owner,
administrator or occupant thereof shall abate the hazard within fifteen (15)
days, or if the assessed value is more than One hundred thousand pesos
(P100,000.00), within thirty (30) days from receipt of the order declaring said
building or structure a public nuisance; otherwise, the Chief, BFP or his/her
duly authorized representative shall forthwith cause its summary abatement.
failure to comply within five (5) days from the receipt of the notice shall
cause the Chief, BFP or his/her duly authorized representative to put up a sign
in front of the building or structure, at or near the entrance of such
premises, notifying the public that such building or structure is a
"FIRETRAP", which shall remain until the owner, administrator,
occupant or other person responsible for the condition of the building,
structure and their premises or facilities abate the same within the specified
period.
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 10
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 9 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 11
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 exceeding
Fifty thousand (P50,000.00) 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
Chief, BFP. 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 Chief, BFP, under this subsection, may be appealed
to the Secretary of the Interior and Local Government. Unless ordered by the
Secretary of the Interior and Local Government the appeal shall not stay the
execution of the order of the Chief, BFP. The decision of the Secretary of the
Interior and Local Government shall be final and executory.
(b) Punitive
In case of wilful 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 One hundred thousand (P100,000.00) 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 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, without
authority, maliciously removes the sign that a building or structure is a fire
hazard/firetrap placed by the authorized person in this Code shall be liable
for imprisonment for thirty (30) days or a fine not exceeding One hundred
thousand pesos (P100,000.00) or both in the discretion of the court.
Any person, who disobeys the
lawful order of the fire ground commander during a firefighting operation shall
be penalized with imprisonment of one (1) day to thirty (30) days and a fine of
five thousand pesos (P5,000.00).
2. Against the public officer/employee
(a) Administrative
The following acts or
omissions shall render the public officer/employee in charge of the enforcement
of this Code, its implementing rules and regulation and other pertinent laws,
administratively liable, and shall be punished by reprimand, suspension or
removal in the discretion of the disciplining authority, depending on the
gravity of the offense and without prejudice to the provisions of other
applicable laws:
(1)
Unjustified failure of the public officer/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 his/her area of responsibility found to be
violating this Code, its implementing rules and regulations and other pertinent
laws, that the same is a "FIRE HAZARD" or a "FIRETRAP";
(3)
Endorsing to the Chief, BFP or his/her duly
authorized representative for the certification, or submitting a report that
the building or structure complies with the standards set by this Code, its
implementing rules or regulations or other pertinent laws when the same is
contrary to fact;
(4)
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;
(5)
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;
(6)
Failure to abate a public nuisance within fifteen
(15) days after the owner, administrator, occupant or other responsible person
failed to abate the same within the period contained in the notice to abate;
(7)
Abusing his/her authority in the performance of
his/her duty through acts of corruption and other unethical practices; or
(8)
Other willful impropriety or gross negligence in the
performance of his/her duty as provided in this act or its implementing rules
and regulations.
(b)
Punitive
In the case of willful
violation involving the abovementioned acts or omissions enumerated under
Section 11 subparagraph 2(A) the public officer/employees 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 One hundred thousand
(P100,000.00) or both such fine and imprisonment: Provided, That where the
violation is attended by injury, loss of life and/or property, the violator
shall be proceeded against under the applicable provisions of the Revised Penal
Code.
Section 12
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 issuance of certificates,
permits and licenses as provided for in Section 7 (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 reinsurance surveys and post loss
service of insurance adjustment companies doing business in the Philippines
directly through agents.
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 such collection shall be set
aside and retained for use by the city or municipal government concerned, which
shall appropriate the same exclusive 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 (80%) shall be remitted
to the National Treasury under a trust fund assigned for the modernization of
the BFP.
Section
13–A
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.
Section
13–B
Collection
and Assessment of Local Taxes, Fees and Fines
The collection and
assessment of taxes, fees and fines as prescribed in the Local Government Code,
except those contained in this Code, shall be function of the concerned local
government units.
Section
13–C
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 fire fighting 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 Protection and
abatement of fire hazards.
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 fire
fighting 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 procure 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 fire fighting and investigation supplies and materials within
six (6) months from the effectivity of this act.
Section
13–D
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 Code, submit to the Secretary of the
Interior and Local Government for his/her approval, a 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.
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 instructions, 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.
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