Law Summary

Introduction

This document summarizes Resolution No. FCTS-01-2017, adopted on December 20, 2017, and filed on January 18, 2018. The resolution recommends amendments to specific sections of the Implementing Rules and Regulations (IRR) of Republic Act 9514, known as the Fire Code of the Philippines.

Constitutional Basis

• Legal Principle: The resolution is grounded in the constitutional mandate to maintain peace and order, protect life and property, and promote the general welfare as stated in Article 11, Section 5 of the 1987 Philippine Constitution.
• Key Definition: Peace and order encompass the societal conditions necessary for the enjoyment of democratic processes.

Bureau of Fire Protection Mandate

• Legal Provision: The Bureau of Fire Protection (BFP) is tasked with fire prevention and suppression, as well as enforcing the Fire Code and related regulations (R.A. 6975).
• Key Definitions:
  • Fire Code: Legal framework encompassing regulations for fire safety and prevention.
• Responsibilities:
  • Suppression of destructive fires across various structures.
  • Enforcing compliance with fire safety standards.

Fire Code Technical Staff (FCTS)

• Creation and Function: Established under Section 6 of R.A. 9514 to evaluate fire technology advancements and advise the Chief of BFP.
• Engagement with Stakeholders: FCTS received inquiries from the United Architects of the Philippines regarding theater design standards.

Proposed Amendments to Seating Regulations

• Current Limitation: Section 10.2.8.2 para H (1) restricts public assembly seating to 14 seats between aisles and 7 rows opening onto an aisle on one side.
• Comparison with NFPA 101: The NFPA 101 Life Safety Code allows greater flexibility in seating arrangements, provided aisle widths are adjusted accordingly.
• National Building Code Provision: Permits up to 30 seats between aisles under specific conditions (e.g., additional exit doors).

Key Amendments Recommended

• Amendment to Section 10.2.8.2:

  • Seating Arrangements:
    • Aisle access minimum: 305 mm width, increasing by 7.6 mm for each seat beyond 14, capped at 560 mm.
    • Maximum of 100 seats for rows with aisles at both ends.
    • Path of travel for rows with one aisle not exceeding 9 meters.

• Amendment to Section 10.2.8.8 (Smoke Management):

  • Requirement: Facilities with over 14 seats must have a smoke management system ensuring no more than 1% contaminated atmosphere during a fire.

Implementation Details

• Effective Date: The amendments will take effect 15 days after publication in the Official Gazette or a newspaper of general circulation.

Signatories

• The resolution is validated by several members of the FCTS, including the Fire Director and the OIC of DILG.

Key Takeaways

• The resolution seeks to harmonize the IRR of RA 9514 with international fire safety standards, particularly regarding public assembly seating.
• Proposed changes allow for increased seating capacity in theaters, contingent upon sufficient aisle width and smoke management systems.
• The amendments will enhance occupant safety and mobility during emergencies while aligning with updated building codes and international practices.