BFP Modernization Act

Policy and purpose

Section 2 establishes that it is the policy of the State to ensure public safety through the prevention and suppression of all kinds of destructive fires with active support of the community.
Section 2 directs the State to formulate and implement plans and programs to enhance and modernize the Bureau of Fire Protection, expand its mandate and capability, and ensure responsiveness to changing community needs.

BFP powers and functions

Section 3 strengthens the Bureau of Fire Protection (BFP), created under Republic Act No. 6975, by assigning the BFP the powers and functions listed in Section 3.
Section 3(a) requires the BFP to prevent and suppress all destructive fires on specified places and assets, including:
- buildings, houses, and other structures (including those in economic zones, agro-industrial economic zones, free ports, and special economic zones, IT parks and centers, tourism economic zones, and other similar entities);
- forests;
- land transportation vehicles and equipment;
- ships or vessels docked at piers or wharves or anchored in major seaports;
- petroleum industry installations;
- airports, in the event of plane crashes and other similar incidents.
Section 3(a) mandates collaboration with local government units (LGUs) on fire protection services such as fire prevention and preparedness, response planning, and information sharing, and on handling fire management and operational issues.
Section 3(b) requires the BFP to respond to natural or man-made disasters and other emergencies, including:
- rescue operations
- medical emergencies
- containment of HAZMAT and CBRNE materials
Section 3(b) requires active coordination and cooperation with the National Disaster Risk Reduction and Management Council and the LGUs in line with:
- Republic Act No. 7160 (Local Government Code of 1991), and
- Republic Act No. 10121 (Philippine Disaster Risk Reduction and Management Act of 2010).
Section 3(c) requires the BFP to issue implementing rules and regulations and prescribe standards, schedule of fees, fire service charges, and administrative penalties in connection with enforcement of Republic Act No. 9514 (Fire Code of the Philippines of 2008) and other related laws.
Section 3(d) requires building owners to submit required plans, specifications, and pertinent documents (as listed in the BFP’s Citizen Charter pursuant to Republic Act No. 11032) and requires the BFP to evaluate them for compliance with Republic Act No. 9514 and other applicable codes and standards.
Section 3(d) requires a fire safety evaluation clearance as a prerequisite for issuance of the building permit in accordance with Republic Act No. 11032.
Section 3(e) directs the BFP to investigate all causes of fires and, if necessary, file proper complaints with the city or provincial prosecutor having jurisdiction.
Section 3(f) requires the BFP to maintain regional offices that formulate and implement policies, plans, and programs with prior consultation from LGUs, and monitor, evaluate, and coordinate operations of fire service units at the regional level in coordination with the Central Office.
Section 3(g) requires the BFP to establish and maintain fire laboratories and research and testing facilities with complete equipment: one (1) each for Luzon, Visayas and Mindanao.
Section 3(h) requires the BFP to conduct training for its personnel and officers including fire volunteers, fire safety practitioners, and fire volunteer organizations covering fire prevention/suppression, inspection and clearance, investigation, disaster preparedness, rescue, emergency medical response, HAZMAT, CBRNE, and other operations, and it must be in coordination with LGUs.
Section 3(i) requires the BFP to conduct monthly fire prevention campaigns and information drives in partnership with LGUs, DILG, the Department of Transportation, and economic zones.
Section 3(j) requires the BFP to develop and implement a comprehensive fire safety and protection program to:
- strengthen national government and LGU capacity;
- build community fire resilience; and
- institutionalize measures to reduce disaster risk and enhance emergency preparedness and response.
Section 3(j) requires empowerment of existing community-based fire volunteer brigades and encourages creation in all LGUs.
Section 3(k) authorizes the BFP to enter into contracts/agreements for acquisition, ownership, possession, use, administration, lease, disposition, or acceptance of real or personal property in its name.
Section 3(l) authorizes the BFP to request assistance from the PNP, AFP, or any government agency or instrumentality (including GOCCs and LGUs), including use of personnel and facilities upon approval of the head of the agency concerned.
Section 3(m) allows the President or the Secretary of the DILG to assign other functions to the BFP.

BFP Modernization Program scope

Section 4 requires the BFP, in coordination with the DILG, to establish and implement the BFP Modernization Program to enhance personnel capability and acquire state-of-the-art facilities and equipment for fire prevention, suppression, investigation, and emergency medical and rescue services.
Section 4 provides that the Modernization Program includes these components:
- Fire Protection Service (including rescue hotlines in all LGUs), with priority to municipalities with no existing fire protection services.
- Force Restructuring and Organizational Development, requiring a compact, efficient, responsive, and modern firefighting force capable of implementing Republic Act No. 9514.
Section 4(b) requires, within ninety (90) days from promulgation of rules and regulations implementing the Act, that the BFP recommend and submit to the Secretaries of DILG and the DBM the revised organizational structure and staffing pattern for BFP officers and personnel.
Section 4(b) requires the BFP to design and establish a qualifications upgrading program for BFP officers and personnel in accordance with rules of the Civil Service Commission.
Section 4(c) requires upgrading of existing fire protection equipment and services upon effectivity, through acquisition of new and modern equipment, vehicles, and personal protective equipment, synchronized with phase-out of uneconomical and obsolete major equipment and systems in the BFP inventory.
Section 4(d) requires establishment of specialized fire protection services for high-rise building fires, forest fires, aircraft and airport fires, chemical fires, disaster rescue services, and emergency medical services, plus the establishment in every region and city of:
- Search and Rescue Force
- HAZMAT units
- Fire and Arson Investigation Unit
- Security and Protection Unit
Section 4(d) requires an Emergency Medical Service (EMS) in every municipality and city, with each EMS unit comprised of:
- an ambulance with adequate medical equipment, and
- qualified and trained personnel.
Section 4(d) requires each Security and Protection Unit (SPU) to consist of:
- two (2) team leaders with a rank of at least Fire Inspector; and
- team members who undergo neuropsychological examination and periodic trainings.
Section 4(d) allows BFP personnel with rank Senior Fire Officer III to be given priority as SPU team members.
Section 4(d) requires SPU to be provided with appropriate equipment to protect firefighters during fire suppression, containment of HAZMAT and CBRNE materials, fire investigation, and other acts pertinent to its mandate.
Section 4(e) requires human resource development to include a comprehensive training program for BFP personnel and BFP volunteers, including mandatory training for new entrants and newly appointed personnel and volunteers, and establishment of training facilities.
Section 4(e) requires the BFP to encourage and promote volunteerism and develop guidelines for enlistment and training of BFP volunteers, and allows the hiring of internationally accredited training consultants and advisers when the BFP determines there is no Filipino citizen competent, able, and willing to provide the expertise.
Section 4(e) requires that, in coordination with DOH and TESDA, necessary trainings for EMS include infection control and exposure, emergency vehicle response, incident rehabilitation, critical incident stress management, response to HAZMAT, response to mass casualty incidents (MCI), and response to vehicle accidents, among others.

Submission, oversight, and contracting

Section 5 requires the BFP to submit the BFP Modernization Program to Congress within one hundred eighty (180) days from effectivity of the Act.
Section 5 requires the submission to be made in consultation with the Secretaries of DILG, DBM, and DOF.
Section 5 requires the submission to include:
- personnel strength and inventory of facilities and equipment;
- modernization projects and activities, and the particular component and corresponding objective to which such projects relate;
- priorities, schedules, and phases of implementation; and
- estimated average cost of each modernization project or activity.
Section 5 requires that thereafter, the BFP, through the DILG Secretary, submit to the Office of the President and Congress an annual report on progress and status of implementation.
Section 6(a) authorizes the BFP to enter into multi-year contracts or other contractual arrangements with local or foreign suppliers and contractors for implementation of this Act, subject to:
- the BFP Modernization Program, projects, and appropriations approved by Congress;
- approval of the President;
- existing laws and regulations, including those of the Commission on Audit;
- terms and conditions most favorable to the government.
Section 6(b) provides that for multi-year contracts, Congress shall appropriate for ensuing fiscal years upon issuance of a multi-year obligational authority or contractual authority by the DBM.
Section 6(b) requires the BFP and the DBM to issue implementing guidelines to ensure consistency with the BFP Modernization Program and contracting guidelines.
Section 6(c) requires the Chief of the BFP to submit to Congress, through specified Senate and House Committee Chairpersons (on Public Order and Dangerous Drugs, Finance, Public Order and Safety, and Appropriations), copies of multi-year contracts and other arrangements for Congress to appropriate funds.

Financing: trust fund and local equity

Section 7 transfers the trust fund created pursuant to Section 13 of Republic Act No. 9514 to a new trust fund called the BFP Modernization Trust Fund.
Section 7 requires that the BFP Modernization Trust Fund be administered by the Chief of the BFP under existing government budgeting, accounting, and auditing rules and regulations.
Section 7 mandates exclusive use of the BFP Modernization Trust Fund for implementation of the BFP Modernization Program, including expenses necessary for procurement of facilities, machineries, equipment, and services.
Section 7 excludes from trust fund charges the salaries and allowances for BFP personnel.
Section 7 establishes the trust fund sources as:
- appropriations for the BFP Modernization Program under Section 12 of the Act;
- Eighty percent (80%) share of all taxes, fees, and fines collected pursuant to Republic Act No. 9514;
- proceeds from disposal of excess and uneconomically repairable BFP equipment and other movable assets;
- funds from any budgetary surplus authorized by Congress;
- loans, grants, bequests, or donations from local and foreign sources specifically earmarked for the BFP Modernization Program; and
- all interest income accruing to the trust fund.
Section 7 requires releases to the BFP based on the objectives of the BFP Modernization Program.
Section 7 bars DBM ceiling limits for fund releases charged against the trust fund.
Section 8 authorizes city and municipal governments to use their share from all taxes, fees, and fines collected pursuant to Republic Act No. 9514 for:
- operation and maintenance of local fire stations;
- construction, repair, rehabilitation, and improvement of local fire stations;
- acquisition of lots and right-of-way for local fire stations;
- acquisition or installation of firefighting equipment, including fire trucks and aerial ladders;
- procurement of personal protective equipment, self-contained breathing apparatus and other firefighting tools; and
- other relevant programs, projects, and activities identified by the BFP under Section 4, subsections (a), (c), and (d).
Section 8 authorizes LGUs to implement complementary and supplementary development programs and projects charged against the allocation for local development projects under Section 287 of Republic Act No. 7160.
Section 8 requires that development programs and projects implemented by LGUs under the Act be included in their respective local development plans and annual investment programs.

Implementation period, permit processing rules

Section 9 requires the BFP Modernization Program to be implemented over ten (10) years effective upon the date of approval of the Act.
Section 9 allows payments for amortization of outstanding multi-year contracts and obligations incurred under the modernization program to extend beyond the ten-year period.
Section 10 mandates strict enforcement of Section 10 of Republic Act No. 11032 and its implementing rules and regulations in processing applications or renewal of fire safety permits, clearances, and certificates.
Section 10 provides that, notwithstanding any law to the contrary, a fire safety inspection certificate shall not be required for processing and approval of local business permits for:
- professionals,
- freelancers,
- self-employed persons,
- individual contractors, and
- one person corporations
- engaged in service activities
- who registered their respective residences as their principal place of business.

Oversight, implementing rules, and final clauses

Section 11 creates a Joint Congressional Oversight Committee composed of four (4) Senators and four (4) Representatives appointed by the Senate President and the Speaker, respectively.
Section 11 provides that the Oversight Committee is co-chaired by the Chairpersons of the Senate Committee on Public Order and Dangerous Drugs and the House Committee on Public Order and Safety.
Section 11 provides that the minority shall have at least one (1) representative from each Chamber.
Section 11 requires the Oversight Committee to monitor and oversee implementation, adopt internal rules of procedure, conduct hearings and receive testimonies, reports, and technical advice, and it may invite or summon witnesses, including by subpoena ad testificandum, and require documents and other materials by subpoena duces tecum, consistent with the Act.
Section 11 requires a sunset review within five (5) years after effectivity, or as the need arises.
Section 11 defines “sunset review” as a systematic evaluation of accomplishments and impact of the Act, including performance and organizational structure of implementing agencies, for determining remedial legislation.
Section 12 provides that the amount necessary to implement the Act shall be sourced from the BFP Modernization Trust Fund under Section 7.
Section 12 requires annual appropriations for the BFP Modernization Program to include funds necessary to support requirements of modernization projects submitted to Congress.
Section 12 directs that funds to implement the Act shall be included in the General Appropriations Act under the BFP.
Section 13 requires the DILG and the BFP to promulgate implementing rules within ninety (90) days from effectivity, in coordination with appropriate national agencies, LGUs, nongovernment organizations, and other stakeholders.
Section 14 establishes a separability rule: invalidity or unconstitutionality of any part does not affect sections not affected.
Section 15 amends Section 54 of Republic Act No. 6975 and Sections 5, 12 and 13 of Republic Act No. 9514, and it repeals/amends/modifies inconsistent laws, decrees, ordinances, rules, regulations, and other issuances accordingly.
Section 16 sets effectivity at fifteen (15) days after complete publication in the Official Gazette or a newspaper of general circulation.