Policy and declared state purposes
- The Government, with the cooperation of the private sector, must develop and promulgate sets of standards and regulations taking into consideration the latest development in fire technology suitable to Philippine conditions. (Section 2(a))
- Fire prevention and fire safety must receive equal, if not greater, emphasis than suppression or extinguishment of fires. (Section 2(b))
- Fire prevention education must be undertaken continuously involving all sectors of the community. (Section 2(b))
- The Fire Service of the Integrated National Police must endeavor to respond to all fires before they reach critical and conflagration stages by improving and developing its organization, administration, and operation; augmenting its personnel and equipment; and setting up effective fire alarm systems. (Section 2(c))
- The Fire Service must be professionalized, and educational institutions must endeavor to include courses on fire technology and fire protection engineering in their curricula. (Section 2(d))
Definitions established by the Fire Code
- “Abatement” means any act that would remove or neutralize a fire hazard. (Section 3)
- “Administrator” means any person who acts as agent of the owner and manages the use of a building for him. (Section 3)
- “Owner” means the person who holds the legal right of possession or title to a building or real property. (Section 3)
- “Occupancy” means the purpose for which a building or portion thereof is used or intended to be used. (Section 3)
- “Occupant” means any person actually occupying and using a building or portions thereof by virtue of a lease contract with the owner or administrator or by permission or sufferance of the latter. (Section 3)
- “Fire Alarm” means any visual or audible signal produced by a device or system to warn occupants of a building or fire-fighting elements of the presence or danger of fire to enable immediate action to save life and properly suppress the fire. (Section 3)
- “Fire Hazard” means any condition or act which increases or may cause an increase in the probability of the occurrence of fire, or which may obstruct, delay, hinder, or interfere with fire-fighting operations and the safeguarding of life and property. (Section 3)
- “Public Assembly Building” means any building or structure where fifty (50) or more people congregate, gather, or assemble for any purpose. (Section 3)
Applicability and coverage
- The Fire Code applies to all persons and to all private and public buildings, facilities, or structures erected or constructed and after its effectivity. (Section 4)
- Existing buildings, structures, and facilities at the time of effectivity are covered by a compliance grace period under Section 5. (Section 4; Section 5)
Compliance grace period and transition
- Owners, administrators, or occupants of buildings or structures existing at the time of effectivity have two (2) years to comply with fire safety constructions and protective and warning systems. (Section 5)
- The Director General of the Integrated National Police may prescribe a shorter period depending on the degree of hazard to be corrected and the cost and extent of the work to be done. (Section 5)
Enforcement authority and fire safety inspections
- The Fire Service under the direct supervision and control of the Director General is responsible for enforcement of the Fire Code and pertinent provisions of other laws pertaining to fire protection or fire safety. (Section 6)
- With the approval of the Secretary of National Defense, the Director General is authorized to:
- Issue implementing rules and regulations and prescribe administrative penalties. (Section 6(a))
- Reorganize the Fire Service of the Integrated National Police as may be necessary and appropriate. (Section 6(b))
- Enter into long-term agreements through public bidding or negotiations, including advance payments, for acquisition of fire prevention, fire protection, and fire-fighting equipment, supplies, materials, and related technical services necessary for the Fire Service. (Section 6(c))
- Enter into Memoranda of Agreement with government offices, agencies, and corporations and private institutions to define cooperation and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention, fire suppression, and other common matters. (Section 6(d))
- The Director General must constitute a technical staff of highly qualified persons knowledgeable on fire prevention, fire safety, and fire suppression. (Section 7)
- The technical staff must study, review, and evaluate latest developments and standards on fire technology; prepare plans/programs; evaluate implementation; develop programs on professionalization of the Fire Service; coordinate college courses; propose amendments to the Fire Code; advise the Director General on matters brought to attention; and perform other directed functions. (Section 7)
- Fire safety inspections must be conducted by the Director General or duly authorized representative as a pre-requisite to grants of permits and/or licenses by concerned local government agencies for:
- Use or occupancy of buildings, structures, facilities, or premises, including installation of fire protection and safety equipment and electrical systems. (Section 8(a)(1))
- Storage, handling, and/or use of explosives or combustible, flammable, toxic, and other hazardous materials. (Section 8(a)(2))
Mandatory fire safety constructions and systems
- Owners, administrators, occupants, and other responsible persons must comply with required fire safety constructions, protective and/or warning systems, and must develop and implement fire safety programs, subject to exemptions to be defined in the Rules and Regulations under Section 6. (Section 8(d))
- Required fire protection features include:
- Sprinkler systems, hose boxes, hose reels, standpipe systems, and other fire-fighting equipment. (Section 8(d)(1))
- Fire alarm systems. (Section 8(d)(2))
- Fire walls to separate adjoining buildings or warehouses and storage areas from other occupancies in the same building. (Section 8(d)(3))
- Provisions for confining fire at its source such as curtain boards and other fire-containing fire-resistive floors and walls extending to the next or stopping components. (Section 8(d)(4))
- Termination of all exits in an area affording safe passage to a public way or safe dispersal area. (Section 8(d)(5))
- Stairways, vertical shafts, horizontal exits, and other means of egress sealed from smoke and heat. (Section 8(d)(6))
- A fire exit plan for each floor displayed prominently on the door of each room, showing routes from each room to appropriate exits. (Section 8(d)(7))
- Self-closing fire-resistive doors leading to corridors. (Section 8(d)(8))
- Fire dampers in centralized air-conditioning ducts. (Section 8(d)(9))
- Roof vents for use by fire fighters. (Section 8(d)(10))
- Properly marked and lighted exits with emergency lights to adequately illuminate exit ways in case of power failure. (Section 8(d)(11))
Hazardous materials and hazardous operations
- Fire safety measures must be required for hazardous materials involving:
- Cellulose nitrate plastic of any kind. (Section 8(b)(1))
- Combustible fibers. (Section 8(b)(2))
- Cellular materials such as foam rubber, sponge rubber, and plastic foam. (Section 8(b)(3))
- Flammable and combustible liquids or gases of any classification. (Section 8(b)(4))
- Flammable paints, varnishes, stains, and organic coatings. (Section 8(b)(5))
- High-piled or widely spread combustible stock. (Section 8(b)(6))
- Metallic magnesium in any form. (Section 8(b)(7))
- Corrosive liquids, oxidizing materials, organic peroxide, nitromethane, ammonium nitrate, or any amount of highly toxic, pyropheric, hypergolic, or cyogenic materials or poisonous gases, and material compounds which when exposed to heat or flame become a fire conductor or generate excessive smoke toxic gases. (Section 8(b)(8))
- Blasting agents, explosives, and special industrial explosive materials, blasting caps, black powder, liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic explosives containing ammonium salt or chlorate. (Section 8(b)(9))
- Firework materials of any kind or form. (Section 8(b)(10))
- Matches in commercial quantities. (Section 8(b)(11))
- Hot ashes, live coals, and embers. (Section 8(b)(12))
- Mineral, vegetable, or animal oils and other derivatives/by-products. (Section 8(b)(13))
- Combustible waste materials for recycling or resale. (Section 8(b)(14))
- Explosive dusts and vapors. (Section 8(b)(15))
- Agriculture, forest, marine or mineral products which may undergo spontaneous combustion. (Section 8(b)(16))
- Fire safety measures must be required for hazardous operations/processes including:
- Welding or soldering. (Section 8(c)(1))
- Industrial baking and drying. (Section 8(c)(2))
- Waste disposal. (Section 8(c)(3))
- Pressurized/forced-draft burning equipment. (Section 8(c)(4))
- Smelting and forging. (Section 8(c)(5))
- Motion picture projection using electrical arc lamps. (Section 8(c)(6))
- Refining, distillation and solvent extraction. (Section 8(c)(7))
- Such other operations or processes as may later be prescribed in the Rules and Regulations. (Section 8(c)(8))
Prohibited acts under the Fire Code
- The Fire Code prohibits and penalizes obstructing or blocking exit ways or access to buildings marked for fire safety purposes, including aisles in interior rooms, any part of stairways, hallways, corridors, vestibules, balconies, or bridges leading to a stairway or exit of any kind, and tolerating or allowing such violations. (Section 9(a))
- The Fire Code prohibits constructing gates, entrances, and walkways that obstruct the orderly and easy passage or fire-fighting vehicles and equipment. (Section 9(b))
- The Fire Code prohibits prevention, interference, or obstruction of the Fire Service or duly organized and authorized fire brigades. (Section 9(c))
- The Fire Code prohibits obstructing designated fire lanes or access to fire hydrants. (Section 9(d))
- The Fire Code prohibits overcrowding or admitting persons beyond authorized capacity in movie houses, theaters, coliseums, auditoriums, or other public assembly buildings, except in other assembly areas on the ground floor with open sides or open doors sufficient to provide safe exits. (Section 9(e))
- The Fire Code prohibits locking fire exits during periods when people are inside the building. (Section 9(f))
- The Fire Code prohibits prevention or obstruction of the automatic closure of fire doors or smoke partitions or dampers. (Section 9(g))
- The Fire Code prohibits using fire protective or fire-fighting equipment of the Fire Service other than for fire fighting, except in other emergencies where use is justified. (Section 9(h))
- The Fire Code prohibits giving false or malicious fire alarms. (Section 9(i))
- The Fire Code prohibits smoking in prohibited areas as may be determined by the Fire Service and throwing of cigars, cigarettes, burning objects in places that may start or cause fire. (Section 9(j))
- The Fire Code prohibits abandoning or leaving a building or structure without appropriate safety measures. (Section 9(k))
- The Fire Code prohibits removing, destroying, tampering with, or obliterating any authorized mark, seal, sign, or tag posted or required by the Fire Service for fire safety in any building, structure, or processing equipment. (Section 9(l))
- The Fire Code prohibits using jumpers or tampering with electrical wiring or overloading the electrical system beyond its designed capacity or other practices that would undermine the fire safety features of the electrical system. (Section 9(m))
Abatement of fire hazard and public nuisance
- Fire hazards must be abated immediately. (Section 10)
- The Director General or his authorized representative may issue an order requiring abatement. (Section 10)
- If the owner, administrator, or occupant does not abate within the period fixed in the order, the occupancy permit or permit to operate must be cancelled. (Section 10)
- A building or structure declared a firetrap or causing clear and present fire danger to adjoining establishments and habitations must be declared a public nuisance under the Civil Code of the Philippines. (Section 10)
- If the assessed value is not more than PHP 20,000.00, the owner/administrator/occupant must abate within 30 days from receipt of the order declaring it a public nuisance. (Section 10)
- If the assessed value is more than PHP 20,000.00, the owner/administrator/occupant must abate within 60 days from receipt of the order declaring it a public nuisance. (Section 10)
- If the owner/administrator/occupant does not abate within the applicable period, the Director General or his duly authorized representative must forthwith cause summary abatement. (Section 10)
- Summary abatement includes corrective measures such as remodeling, repairing, strengthening, reconstructing, removal, and demolition—either partial or total. (Section 10)
- Expenses incurred by the government for summary abatement must be borne by the owner/administrator/occupant and constitute a prior lien on the property. (Section 10)
Enforcing the lien through auction and forfeiture
- If the owner/administrator/occupant fails to reimburse the government within 90 days from completion of summary abatement, the building or structure must be sold at public auction in accordance with existing laws and rules. (Section 11)
- No property subject to the lien may be sold at a price lower than the abatement expenses incurred by the government. (Section 11)
- The property must be forfeited in favor of the government if the highest bid is not at least equal to the abatement expenses. (Section 11)
Administrative penalties and criminal consequences
- Any person who violates any provision of the Fire Code or any rules and regulations promulgated under Section 6 is liable to an administrative fine of not exceeding PHP 12,000.00, or—where proper—stoppage of operations or closure of buildings, structures, and premises/facilities that do not comply, or both the administrative fine and closure/stoppage of operations. (Section 12(a))
- Payment of the fine, stoppage of operations, and/or closure does not absolve the violator from correcting the deficiency and abating the fire hazard. (Section 12(a))
- A Director General decision imposing an administrative fine, stoppage of operations, and/or closure may be appealed to the Secretary of National Defense within 15 days from receipt of the order. (Section 12(a))
- The Secretary of National Defense’s decision is final and executory. (Section 12(a))
- For willful failure to correct the deficiency or abate the fire hazard, the violator is punishable upon conviction by imprisonment of not less than 6 months nor more than 6 years, or by a fine of not more than PHP 20,000.00, or both. (Section 12(b))
- For corporate, firm, partnership, or association violations, the fine and/or imprisonment must be imposed on the officials responsible for the violation. (Section 12(b))
- If the guilty party is an alien, he is immediately deported in addition to the penalties prescribed. (Section 12(b))
- Where the violation results in loss of life and/or damage to property, the violator must be proceeded against under the applicable provisions of the Revised Penal Code. (Section 12(b))
Funding, fees, collections, and taxation
- The Fire Service of the Integrated National Police is appropriated PHP 100,000,000.00 to support manpower, infrastructure, and equipment needs. (Section 13(a))
- Thereafter, the same amount “as may be necessary” to attain the objectives of the Fire Code must be appropriated and included in the annual appropriation of the Integrated National Police for the next 10 years. (Section 13(a))
- Taxes and fees are imposed to partially fund the Fire Service and accrue to the General Fund of the National Government. (Section 13(b))
- Fees must be charged for the issuance of certificates, permits, and licenses as provided for in Section 8(a). (Section 13(b)(1))
- A contribution is imposed equal to one-tenth of one per centum (0.1%) of the verified estimated value of buildings or structures to be erected, collectible from the owner, but not to exceed PHP 50,000.00:
- one half is paid prior to issuance of the building permit, and
- the balance is paid after final inspection and prior to issuance of the use and occupancy permit. (Section 13(b)(2))
- An annual payable contribution equal to one-hundredth of one per centum (0.01%) of the assessed value of buildings or structures is collected upon payment of the real estate tax, except for structures used as single family dwellings. (Section 13(b)(3))
- A contribution equal to 2% of all premiums, excluding reinsurance premiums, collected for fire, earthquake, and explosion hazard insurance is imposed (collected by companies, persons, or agents licensed to sell such insurances in the Philippines). (Section 13(b)(4))
- A contribution equal to 2% of gross sales of companies/persons/agents selling fire-fighting equipment, appliances, or devices including hazard detection and warning systems is imposed. (Section 13(b)(5))
- A contribution equal to 2% of service fees received from fire, earthquake, and explosion hazard preinsurance surveys and post-loss service of insurance adjustment companies doing business in the Philippines directly through agents is imposed. (Section 13(b)(6))
- All taxes, fees, and fines provided in Section 13 are collected by the City or Municipal Treasurer concerned for remittance to the National Treasury. (Section 14)
Separability, repeals, and effectivity
- The Fire Code contains a separability rule: if any provision or its application is declared unconstitutional, the remainder and other applications are not affected. (Section 15)
- The Fire Code includes a repealing/modification clause: Presidential Decree No. 442 (Labor Code of the Philippines), Presidential Decree No. 1096 (National Building Code), and other laws, decrees, orders, or regulations in conflict or inconsistent with the Fire Code are repealed or modified accordingly. (Section 16)
- The Fire Code and its Rules and Regulations take effect 30 days after publication in a newspaper of general circulation. (Section 17)