Law Summary
Definitions of Key Terms
- Abatement: Removal or neutralization of fire hazards.
- Administrator: Agent managing building use.
- Includes detailed definitions of combustible materials, fire protection devices, hazardous materials, types of construction related to fire safety, and others.
Scope and Applicability
- Applies to all persons and all private and public buildings and structures, regardless of construction date.
Enforcement Authority
- Bureau of Fire Protection (BFP) administers and enforces the Code under the Secretary of the DILG.
- Chief, BFP, can issue rules, reorganize BFP, support fire volunteers and practitioners, and enter into agreements.
- Fire safety inspections mandatory for permits; issuance of Fire Safety Inspection Certificate (FSIC) required.
- BFP authorized to inspect buildings, order removal of hazards, require plans, and stop work for violations.
Technical Staff
- Chief, BFP shall form a highly qualified technical staff for review of fire safety standards, programs, professionalization, and advising.
Inspection and Safety Measures
- Fire safety inspections required for occupancy permits and hazardous materials handling.
- Specific safety measures required for hazardous materials such as cellulose nitrate plastics, combustible fibers, flammable liquids, explosives, pyrophoric substances, etc.
- Safety measures for hazardous operations including welding, industrial baking, solvent extraction, etc.
- Buildings must provide fire safety constructions like sprinkler systems, fire alarm systems, firewalls, fire exits, self-closing doors, fire dampers, roof vents, and emergency lighting.
Prohibited Acts
- Blocking fire exits, fire lanes, or access to hydrants.
- Interfering with fire operations, giving false alarms.
- Overcrowding public assembly buildings beyond capacity.
- Tampering with fire protection equipment or electrical systems.
- Smoking in prohibited areas and other acts risking fire safety.
Violations and Abatement of Fire Hazards
- Immediate abatement required upon notice.
- Non-compliance leads to posting of "FIRE HAZARD" sign and possible closure.
- Buildings posing imminent danger declared public nuisances, subject to summary abatement.
- Costs of abatement borne by owner and constitute a lien.
Enforcement of Lien
- Government expenses for abatement collectible through public auction of property if owner fails to reimburse.
- Property cannot be sold below abatement costs; forfeiture to government if bidding fails.
Penalties
- For Individuals:
- Administrative fines up to P50,000, stoppage of operations, closure of premises.
- Imprisonment 6 months to 6 years and fines up to P100,000 for willful non-compliance.
- Additional penalties if violations cause injury, loss of life, or property damage.
- Penalties for removing fire hazard signs or disobeying fire commanders.
- For Public Officers:
- Administrative sanctions for duty failures such as neglecting inspections or endorsing false compliance.
- Imprisonment and fines similar to private individuals for willful violations.
Appropriation and Funding
- Necessary funding included in annual BFP budget.
- Imposes fees and taxes on certificates, building values, insurance premiums, sales of firefighting equipment, and services.
Collection and Use of Funds
- BFP collects fees, fines, and taxes; 20% retained by local governments for fire stations; 80% remitted to National Treasury.
- BFP authorized to use funds for procurement and improvement of fire services and facilities.
Monitoring and Rules Implementation
- BFP to submit within six months a system to monitor enforcement and fee collection.
- DILG Secretary to issue implementing rules within 60 days of effectivity.
Repeal and Separability
- Repeals Presidential Decree No. 1185 and inconsistent laws.
- Invalidity of parts does not affect the remaining provisions.
Effectivity
- Effective 15 days after publication in the Official Gazette or in two national newspapers.