QuestionsQuestions (Republic Act No. 11589)
The State is to ensure public safety through the prevention and suppression of destructive fires with active community support, and to formulate and implement plans and programs to enhance and modernize the Bureau of Fire Protection (BFP), expand its mandate and capability, and ensure responsiveness to changing community needs.
The BFP shall prevent and suppress destructive fires on various structures and entities (including those in economic zones and similar areas), forests, land transportation vehicles and equipment, ships/vessels at major ports, petroleum industry installations, and airports in case of plane crashes and similar incidents—collaborating with LGUs for fire services such as prevention, preparedness, response planning, and information sharing.
The BFP responds to natural/man-made disasters and other emergencies, including rescue operations, medical emergencies, and containment of hazardous materials (HAZMAT) and CBRNE materials, while coordinating with the National Disaster Risk Reduction and Management Council and LGUs consistent with RA 7160 and RA 10121.
The BFP may require building owners to submit plans/specifications and pertinent documents as listed in the BFP’s Citizen Charter, evaluate them for compliance with RA 9514 and other codes/standards, and issue a fire safety evaluation clearance as a prerequisite to the issuance of a building permit under RA 11032.
The BFP must investigate all causes of fires and, if necessary, file the proper complaints with the city or provincial prosecutor having jurisdiction over the case.
The program includes specialized fire protection services (e.g., high-rise fires, forest fires, aircraft/airport fires, chemical fires, disaster rescue, emergency medical services) and establishment of a Search and Rescue Force, HAZMAT units, Fire and Arson Investigation Unit, and Security and Protection Unit in every region and city, plus an Emergency Medical Service (EMS) in every municipality and city.
Each EMS unit must include an ambulance with adequate medical equipment and qualified and trained personnel.
Each SPU must have two (2) team leaders with the rank of at least Fire Inspector and team members who undergo neuropsychological examination and periodic trainings; persons with the rank of Senior Fire Officer III may be prioritized as SPU team members, and SPU must be provided appropriate equipment for suppression, HAZMAT/CBRNE containment, fire investigation, and other acts under its mandate.
The program aims to develop a compact, efficient, responsive, modern firefighting force capable of implementing RA 9514. Within ninety (90) days from promulgation of the IRR implementing the Act, the BFP must recommend and submit to the DILG and DBM the revised organizational structure and staffing pattern.
Fire Protection Service (including rescue hotlines, with priority to municipalities with no fire protection services); Force Restructuring and Organizational Development; Capability, Material, and Technology Development; Specialized Services Development (S&R Force, HAZMAT units, investigation, SPU, EMS); and Human Resource Development (comprehensive training program, guidelines for volunteer enlistment/training, and training coordination with DOH and TESDA for EMS-related capacities).
The BFP Modernization Program to Congress, in consultation with DILG, DBM, and DOF, containing (1) personnel strength and inventory of facilities and equipment, (2) modernization projects/activities and which component/objective they relate to, (3) priorities, schedules, and phases of implementation, and (4) estimated average cost of each project/activity.
The BFP may enter multi-year contracts with local or foreign suppliers/contractors, subject to the BFP Modernization Program, projects and appropriations approved by Congress, approval of the President, existing laws/regulations including COA rules, and terms most favorable to the government. For multi-year contracts, Congress appropriates for ensuing fiscal years upon issuance of a multi-year obligational/contractual authority by DBM, and the BFP and DBM must issue implementing guidelines to ensure consistency.
It is the successor trust fund to the one under Section 13 of RA 9514, administered by the Chief of the BFP for exclusive use in implementing the BFP Modernization Program. Expenses chargeable against the fund exclude salaries and allowances of BFP personnel. Sources include: appropriations for the program; 80% share from BFP taxes/fees/fines collected under RA 9514; proceeds from disposal of excess/uneconomically repairable BFP equipment/assets; authorized budget surplus; loans/grants/bequests/donations earmarked to the program; and all interest income.
Cities and municipalities may use their respective share from all taxes, fees, and fines collected under RA 9514 for: operation/maintenance of local fire stations; construction/repair/rehabilitation/improvement of local fire stations; acquisition of lots/right-of-way; acquisition/installation of firefighting equipment (including fire trucks/aerial ladders); procurement of PPE and tools; and other relevant programs identified by the BFP consistent with Section 4(a), (c), and (d). Complementary LGU development projects may be charged against local development allocations under RA 7160 as provided they are included in local development plans and annual investment programs.
The modernization program is to be implemented over ten (10) years effective upon approval of the Act; however, amortization payments for outstanding multi-year contracts and obligations incurred under the modernization program may extend beyond the ten-year period.
Section 10 of RA 11032 and its IRR must be strictly enforced in processing applications/renewals of fire safety permits, clearances, and certificates. Also, notwithstanding any law to the contrary, a fire safety inspection certificate shall not be required for processing/approval of local business permits for professionals, freelancers, self-employed persons, individual contractors, and one-person corporations engaged in service activities who registered their residence as their principal place of business.
It is composed of four Senators and four Representatives appointed by their respective leaders. It monitors and oversees implementation, adopts internal rules, conducts hearings, receives testimonies, and may invite/summon officials or private citizens by subpoena ad testificandum and require documents by subpoena duces tecum consistent with the Act. Within five (5) years after effectivity (or as needed), it must conduct a sunset review to evaluate accomplishments/impact and performance/organizational structure for possible remedial legislation.
The DILG and BFP, in coordination with relevant agencies, LGUs, NGOs, and stakeholders, must promulgate the IRR within ninety (90) days from effectivity. RA 11589 takes effect fifteen (15) days after complete publication in the Official Gazette or a newspaper of general circulation.