Law Summary
State Policies
- Development and promulgation of fire safety standards suited to Philippine conditions.
- Emphasis on fire prevention equal or greater than fire suppression.
- Continuous fire prevention education involving all sectors.
- Enhancements in Fire Service capabilities including personnel and equipment.
- Professionalization of Fire Service through education in fire technology and engineering.
Key Definitions
- Broad range of terms relevant to fire safety such as "abatement," "administrator," "combustible materials," "fire hazard," "fire alarm," "fire protective devices," "hazardous operations," "occupant," "owner," and many others are clearly defined to ensure clarity and uniform application.
Coverage and Applicability
- Applies to all persons and all private and public buildings, facilities, or structures constructed after the effectivity of the Code.
Compliance Grace Period
- Existing buildings have a two-year period to comply with fire safety construction and protective systems.
- The duration may be shortened based on hazard degree and cost by the Director General.
Enforcement Authority
- Fire Service under Integrated National Police, supervised by Director General, is responsible for enforcement.
- Director General empowered to issue rules, reorganize Fire Service, enter agreements for equipment acquisition, and coordinate with government agencies and private sectors.
Technical Staff
- Director General to assemble experts in fire prevention, safety, and suppression.
- Technical staff tasked to review developments, prepare programs, and coordinate educational efforts.
Inspection and Safety Requirements
- Fire safety inspections required before permits and licenses issuance for buildings, fire protection installations, and hazardous materials handling.
- Specific fire safety measures mandated for various hazardous materials (e.g., cellulose nitrate plastic, flammable liquids, explosives).
- Fire safety measures mandated for hazardous operations (e.g., welding, industrial baking, refining).
- Fire safety constructions and protective systems such as sprinklers, fire alarms, fire walls, smoke-sealed exits, roof vents, and emergency lights are required.
Prohibited Acts
- Blocking or obstructing fire exits and access ways.
- Obstruction of fire lanes or fire hydrants.
- Interference with Fire Service operations.
- Overcrowding in public assembly buildings.
- Locking fire exits during occupancy.
- False fire alarms and smoking in prohibited areas.
- Tampering with fire safety equipment or electrical wiring.
Abatement of Fire Hazards
- Director General authorized to order hazard abatement.
- Failure to comply results in cancellation of occupancy permit.
- Buildings declared fire traps or public nuisances may be abated by the government through summary actions.
- Costs incurred borne by owner/administrator/occupant, constituting a lien on the property.
Lien Enforcement
- Non-payment of abatement expenses within 90 days leads to public auction of property.
- Sale price not allowed below government expenses; property forfeited if bids insufficient.
Penalties
- Administrative fines up to P12,000, stoppage or closure of operations for violations.
- Appeals allowed to Secretary of National Defense; decisions final.
- Willful failure to abate fire hazards punishable by imprisonment (6 months to 6 years) and/or fine (up to P20,000).
- Corporate officials held liable for violations.
- Alien violators subject to deportation.
- Cases involving death or property damage prosecuted under Revised Penal Code.
Appropriations and Funding
- Initial appropriation of P100 million, subsequent funding included in annual police budget for 10 years.
- Additional funding from taxes and fees including:
- Fees for certifications, permits, and licenses.
- 0.1% of building construction value (max P50,000).
- 0.01% of assessed building value annually, excluding single-family dwellings.
- 2% of fire insurance premiums.
- 2% of sales of firefighting equipment.
- 2% of service fees from insurance-related fire hazard surveys.
Tax and Fee Collection
- Collection by local treasurers, remitted to National Treasury.
Legal Provisions
- Separability clause preserving remainder if any provision declared unconstitutional.
- Repealing conflicting laws, including parts of the Labor Code and the National Building Code.
Effectivity
- The Fire Code and its implementing rules take effect 30 days after publication in a newspaper of general circulation.