QuestionsQuestions (PRESIDENTIAL DECREE NO. 1185)
It is titled the “Fire Code of the Philippines” and is referred to as the “Fire Code.”
Fire prevention and fire safety must be given equal, if not greater emphasis than suppression or extinguishment of fires.
The Fire Service of the Integrated National Police.
It requires professionalization of the Fire Service and directs educational institutions to include courses on fire technology and fire protection engineering in their curricula.
Any act that would remove or neutralize a fire hazard.
It applies to all persons and all private and public buildings, facilities, or structures erected or constructed after its effectivity, as well as persons involved therein.
Owners/administrators/occupants are given two (2) years to comply; the Director General may prescribe a shorter period depending on the degree of hazard and the cost/extent of work.
The Fire Service under the Director General is responsible for enforcement. With the Secretary of National Defense’s approval, the Director General may: (a) issue implementing rules and prescribe administrative penalties; (b) reorganize the Fire Service; (c) enter long-term agreements for equipment/supplies/services (with advance payments); and (d) enter MOAs with government/private institutions for coordination and delineation of responsibilities.
They study/review/evaluate fire technology developments and standards; prepare plans/programs and evaluate implementation; develop professionalization programs; coordinate for college courses; propose amendments; advise the Director General; and perform other functions directed by higher authorities.
Fire safety inspection is required for (1) use/occupancy of buildings/structures/facilities and installation of fire protection/safety and electrical systems; and (2) storage/handling/use of explosives and combustible/flammable/toxic/hazardous materials.
Examples include: cellulose nitrate plastic; combustible fibers; foam rubber/foam plastics; flammable/combustible liquids or gases; flammable paints/varnishes/stains; metallic magnesium; corrosive liquids/oxidizing materials/organic peroxide; blasting agents/explosives; firework materials; matches in commercial quantities; hot ashes/live coals/embers; explosive dusts and vapors; and spontaneous combustion-prone products.
Examples include welding or soldering; industrial baking and drying; waste disposal; pressurized/forced-draft burning equipment; smelting and forging; motion picture projection using electrical arc lamps; refining/distillation/solvent extraction; and other processes prescribed later in the IRR.
Examples: sprinkler systems, hose boxes/reels/standpipe systems and other firefighting equipment; fire alarm systems; fire walls separating adjoining buildings/warehouses/storage areas; provisions confining fire at its source (curtain boards, fire-resistive floors/walls); stairways/vertical shafts/horizontal exits and other means of egress sealed from smoke/heat; fire exit plans displayed per floor; self-closing fire-resistive doors; fire dampers in centralized airconditioning ducts; roof vents for firefighters; and marked/lighted exits with emergency lights.
Egress example: obstructing or blocking exit ways or tolerating such violations. Alarm example: giving false or malicious fire alarms.
Locking fire exits during periods when people are inside the building.
If not abated within the period, the occupancy permit or permit to operate may be cancelled. If the hazard/firetrap creates clear and present danger, it can be declared a public nuisance. If not abated within set periods (30 days if assessed value is not more than P20,000; otherwise 60 days), the Director General may cause summary abatement at the government’s expense, which is borne by the owner/administrator/occupant.
The expenses constitute a prior lien on the property. If reimbursement is not made within 90 days from completion, the property shall be sold at public auction. No sale can be below the abatement expenses, and if the highest bid is less than the expenses, the property is forfeited in favor of the government.
Administrative: an administrative fine not exceeding P12,000, and/or stoppage of operations and/or closure of non-compliant buildings, imposed by the Director General (with appeal to the Secretary of National Defense within 15 days). Punitive: for willful failure to correct/abate, imprisonment from not less than 6 months nor more than 6 years, and/or fine not more than P20,000; for corporations, officials responsible are liable; for aliens, deportation is added; and where violation involves loss of life/damage to property, prosecution may proceed under the Revised Penal Code.
Section 13 provides funding for the Fire Service and imposes specified taxes/fees to support manpower, infrastructure, and equipment. Section 14 states that taxes, fees, and fines are collected by the City or Municipal Treasurer concerned for remittance to the National Treasury.