QuestionsQuestions (Republic Act No. 9514)
Republic Act No. 9514 is the “Fire Code of the Philippines of 2008.” It repeals Presidential Decree No. 1185, and also repeals or amends other laws, presidential decrees, letters of instruction, executive orders, and issuances insofar as they are inconsistent with the Act.
The State policy is to ensure public safety, promote economic development through prevention and suppression of destructive fires, promote accountability, and professionalize the fire service to enforce standard fire prevention and safety measures.
The Bureau of Fire Protection (BFP), under the direct supervision and control of the Chief of the BFP through the BFP organizational hierarchy provided in RA 6975.
With DILG approval, the Chief may issue implementing rules/standards and schedules of fees and penalties, reorganize the BFP as necessary, support and assist fire volunteers and practitioners (with mandatory trainings/education and BFP supervision), enter external training agreements (under BFP control), procure firefighting equipment and related services via government procurement laws, enter MOAs with other agencies and private institutions, call on police/LGUs for enforcement assistance, designate fire safety inspectors, and issue stop-work orders/requirements and FSIC prerequisites.
No occupancy permit, business permit, or permit to operate shall be issued without securing an FSIC from the Chief BFP or a duly authorized representative.
The designated fire safety inspector must conduct an inspection of every building or structure within his/her area of responsibility at least once a year and every time the owner/administrator/occupant renews the business permit or permit to operate.
The Chief/authorized representative may order the owner/occupant to remove hazardous materials and/or stop hazardous operation/process within code standards, and may summarily abate hazardous conditions if they are deemed hazardous to life and property.
Examples in the text include sprinkler systems, hose boxes/reels/standpipe systems, fire alarm systems, fire walls, features confining fire at its source (fire resistive floors/walls, curtain boards), safe termination of exits to a public way/safe dispersal area, smoke/heat-sealed stairways/vertical shafts/horizontal exits and means of egress, fire exit plans per floor, self-closing fire resistive doors, fire dampers in centralized air-conditioning ducts, roof vents for firefighters, and properly marked/lighted exits with emergency lights.
The text prohibits: obstructing exit ways; constructing gate/entrances/walkways on public ways that obstruct fire vehicles; interfering with fire service; obstructing fire lanes/hydrants; overcrowding beyond capacity in public assembly buildings; locking fire exits while people are inside; preventing automatic closure of fire doors or dampers; misusing fire protective/fighting equipment; false/malicious alarms; smoking/throwing burning objects in prohibited areas; abandoning a building without safety measures; removing/tampering with fire safety marks/seals/signs/tags; and using jumpers/tampering with wiring/overloading electrical systems undermining fire safety.
The Chief BFP or authorized representative issues a notice/order to comply, giving a period within ten (10) to fifteen (15) days depending on reasonableness. If not complied with, a sign warning the building is a fire hazard is posted, remaining until abatement but not exceeding an additional fifteen (15) days. If still not corrected, the Chief may order abatement, and the building/structure may be ordered closed notwithstanding earlier permits.
If the building is assessed as a firetrap due to gravity/palpability of the violation or imminent danger to adjoining establishments/habitations, it is declared a public nuisance. The order specifies abatement deadlines based on assessed value (P100,000 or less: 15 days; more: 30 days). If not abated, summary abatement may be done; if failure continues after five (5) days, the BFP must post a “FIRETRAP” sign at/near the premises entrance until abated.
Summary abatement includes corrective measures such as remodeling, repairing, strengthening, reconstructing, removal, or demolition (partial or total). Expenses incurred by government are borne by the owner/administrator/occupant and constitute a prior lien upon the property.
If reimbursement is not made within ninety (90) days from completion of abatement, the building/structure shall be sold at public auction under existing laws/rules. It cannot be sold for less than the abatement expenses; if the highest bid is not at least equal to those expenses, the property is forfeited in favor of the government.
Administrative fine: not exceeding P50,000 and/or stoppage of operations or closure of non-compliant buildings, plus the obligation to correct deficiencies/abate fire hazards. For willful failure to correct/abate: imprisonment of not less than six (6) months nor more than six (6) years, or a fine not exceeding P100,000, or both. Corporations: penalties are imposed on responsible officials; aliens: in addition to penalties, deportation. If attended by injury/loss of life/damage, relevant provisions of the Revised Penal Code apply.
The decision of the Chief BFP under the administrative fine/closure/stoppage provision may be appealed to the Secretary of DILG. Unless ordered by the Secretary, the appeal does not stay execution of the Chief BFP’s order. The Secretary’s decision is final and executory.
Administrative liability (reprimand/suspension/removal depending on gravity and without prejudice to other laws) includes unjustified failure to inspect annually, deliberate failure to post “FIRE HAZARD” or “FIRE TRAP” signs, endorsing certifications/reporting compliance when contrary to fact, issuing renewals/occupancy without FSIC, failure to cancel permits after noncompliance notice, failure to abate a public nuisance within 15 days, corruption, and other willful impropriety/gross negligence. For willful violations involving those acts/omissions, punitive liability on conviction includes imprisonment from 6 months to 6 years and/or a fine up to P100,000; injury/loss of life/property triggers the Revised Penal Code.