Policy, purpose, and state objectives
- The policy of the State is to ensure public safety and promote economic development through the prevention and suppression of all kinds of destructive fires (Section 2).
- The State policy includes promoting the professionalization of the fire service as a profession (Section 2).
- The State enforces all laws, rules and regulations to ensure adherence to standard fire prevention and safety measures and to promote accountability in fire protection and prevention service (Section 2).
Definitions expressly established
- 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).
- Blasting Agent means any material or mixture consisting of a fuel and oxidizer used to set off explosives (Section 3).
- Fire Hazard means any condition or act that increases (or may increase) the probability of fire occurrence, or may obstruct, delay, hinder, or interfere with fire fighting operations and the safeguarding of life and property (Section 3).
- Fire Trap means a building unsafe in case of fire because it will burn easily or because it lacks adequate exits or fire escapes (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).
- Fire Safety Constructions refers to fire-safety design and installation of walls, barriers, doors, windows, vents, means of egress, and related components integral to a building to minimize danger to life from fire, smoke, fumes, or panic before evacuation, including flame-retardant treatment of building components or contents (Section 3).
- Fire Protective and Fire Safety Device includes, among others, built-in protection systems (such as sprinklers and automatic extinguishing systems), detectors for heat/smoke/combustion products, warning system components, and personal protective equipment (such as fire blankets, helmets, fire suits, gloves, and other garments) (Section 3).
Coverage and applicability of the Code
- The Fire Code’s provisions apply to all persons and all private and public buildings, facilities or structures erected or constructed before and after its effectivity (Section 4).
- The Fire Code is administered and enforced by the Bureau of Fire Protection (BFP) under the direct supervision and control of the Chief of the BFP, through the hierarchy of organization under Chapter VI of Republic Act No. 6975 (Section 5).
- With the approval of the Secretary of the Department of the Interior and Local Government (DILG), the Chief, BFP is authorized to issue implementing rules and prescribe standards, schedules of fees/fire service charges, and administrative penalties for them as provided by the Code (Section 5).
Enforcement structure and technical functions
- The Chief, BFP is authorized to:
- Issue implementing rules and regulations and prescribe standards, schedules of fees/fire service charges, and administrative penalties (Section 5).
- Reorganize the BFP as necessary and appropriate (Section 5).
- Support and assist fire volunteers and practitioners through mandatory fire suppression, inspection, rescue, emergency medical services, and related emergency response trainings and competency evaluations conducted by the BFP (Section 5).
- Require continuous professional education and competency evaluation for fire practitioners conducted by the BFP (Section 5).
- The BFP may enter external agreements for training, education, and evaluation of fire volunteers and practitioners, under the full control and supervision of the BFP (Section 5).
- During firefighting operations, fire volunteer organizations are under the direct operational control of BFP fire ground commanders (Section 5).
- The Chief, BFP is authorized to:
- Enter long-term agreements for acquisition of fire service investigation, rescue, paramedics, hazardous material handling equipment, supplies, materials, and related technical services in accordance with Republic Act No. 9184 (Section 5).
- Enter memoranda of agreement for inter-agency and private coordination and delineation of responsibility (Section 5).
- Call on police, other law enforcement agencies, and local government assistance for enforcement (Section 5).
- Designate a fire safety inspector through a duly authorized representative to inspect every building/structure in the inspector’s area at least once a year and every time the owner/administrator/occupant renews the business permit/permit to operate (Section 5).
- The Chief, BFP must constitute a technical staff of highly qualified persons and assign it functions including studying latest fire technology developments, preparing fire safety/prevention/suppression programs, developing professionalization programs, coordinating with institutions for college courses in fire technology and fire protection engineering, proposing amendments, advising the Chief on matters brought to attention, and performing other directed functions (Section 6).
Fire safety inspections and required permits
- Fire safety inspection is required as a prerequisite to grants of permits and/or licenses by local governments and other government agencies for:
- Use or occupancy of buildings/structures/facilities and their premises, including installation of fire protection and fire safety equipment and electrical systems (Section 7(a)(1)).
- Storage, handling, and/or use of explosives, or combustible, flammable, toxic, and other hazardous materials (Section 7(a)(2)).
- For hazardous materials involving specified categories, fire safety measures are required for manufacture, storage, handling, and/or use (Section 7(b)).
- Hazardous materials include all dangerous goods, combustible liquids and chemicals, as well as substances with potential to cause harm due to chemical, physical, or biological properties (Section 7(b)).
- Fire safety measures are also required for hazardous operation/processes, including:
- Welding or soldering
- Industrial baking and drying
- Waste disposal
- Pressurized/forced-draft burning equipment
- Smelting and forging
- Motion picture projection using electrical arc lamps
- Refining, distillation and solvent extraction
- Other operations/processes prescribed later by implementing rules (Section 7(c)(1)–(8)).
- Owners, occupants, and administrators must incorporate and provide fire safety construction, protective and warning systems (unless exempted by rules and regulations to be promulgated under Section 5) and must develop and implement fire safety programs (Section 7(d)).
- Fire safety construction and systems include, among others:
- Fire protection features (sprinkler systems, hose boxes, hose reels, standpipe systems, and other fire-fighting equipment) (Section 7(d)(1)).
- Fire alarm systems (Section 7(d)(2)).
- Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies in the same building (Section 7(d)(3)).
- Fire-confinement features such as fire resistive floors and walls up to the next floor slab or roof, curtain boards, and other fire-containing or stopping components (Section 7(d)(4)).
- Provisions for safe termination of exits to a public way or safe dispersal area (Section 7(d)(5)).
- Stairways, vertical shafts, horizontal exits, and other means of egress sealed from smoke and heat (Section 7(d)(6)).
- A fire exit plan for each floor showing routes from each room to appropriate exits, prominently displayed on the door of such room (Section 7(d)(7)).
- Self-closing, fire-resistive doors leading to corridors (Section 7(d)(8)).
- Fire dampers in centralized airconditioning ducts (Section 7(d)(9)).
- Roof vents for use by fire fighters (Section 7(d)(10)).
- Marked and lighted exits with emergency lights to illuminate exit ways in case of power failure (Section 7(d)(11)).
- No occupancy permit, business permit, or permit to operate is issued without securing a Fire Safety Inspection Certificate (FSIC) from the Chief, BFP, or a duly authorized representative (Section 5).
- The Chief, BFP or duly authorized representative may inspect at reasonable times and:
- In single family dwellings, inspection requires the occupant’s consent or a lawful court order (Section 5).
- Order removal of hazardous materials and/or stop hazardous operations/processes according to Code standards and implementing rules or other laws (Section 5).
- Summarily abate hazardous conditions when conditions are hazardous to life and property (Section 5).
- The BFP may require the submission of plans/specifications and other documents to ensure code compliance (Section 5).
- The BFP may issue a written notice to stop work when work violates or lacks approved plans/specifications, permit, or clearance/certification approved by the Chief, BFP or representative, and no work continues for the affected portion until corrected (Section 5).
Prohibited acts and omissions
- Prohibitions include:
- Obstructing or blocking marked exit ways or passages for fire safety purposes, including aisles, parts of stairways, hallways, corridors, vestibules, balconies, or bridges leading to stairs or exits, or tolerating such violations (Section 8).
- Constructing gates, entrances, walkways, or temporary/permanent structures on public ways in ways that obstruct fire-fighting vehicle and equipment passage (Section 8).
- Preventing, interfering with, or obstructing fire service operations or duly organized and authorized fire brigades (Section 8).
- Obstructing designated fire lanes or access to fire hydrants (Section 8).
- Overcrowding or admitting persons beyond authorized capacity in movie houses, theaters, coliseums, auditoriums, or other public assembly buildings, except other assembly areas on the ground floor with open sides or open doors sufficient to provide safe exits (Section 8).
- Locking fire exits while people are inside the building (Section 8).
- Preventing or obstructing automatic closure of fire doors or smoke partitions or dampers (Section 8).
- Using fire-protective or fire-fighting equipment of the fire service other than for fire-fighting except where justified by other emergencies (Section 8).
- Giving false or malicious fire alarms (Section 8).
- Smoking in prohibited areas as determined by the fire service, or throwing cigars, cigarettes, or burning objects in places that may start or cause fire (Section 8).
- Abandoning or leaving a building or structure by occupants or owners without appropriate safety measures (Section 8).
- 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 or equipment used in any process (Section 8).
- Using jumpers, tampering with electrical wiring, overloading electrical systems beyond designed capacity, or other practices that undermine electrical fire safety features (Section 8).
Abatement process and public nuisance actions
- Fire hazards must be abated immediately (Section 9).
- When a violation is reported, the Chief, BFP or representative must issue a notice/order to comply to the owner, administrator, occupant, or responsible person stating a compliance period of ten (10) to fifteen (15) days after receipt, depending on the reasonableness for adequate compliance (Section 9).
- If the owner/administrator/occupant/responsible persons fail to comply within the initial period, the Chief, BFP or representative must put up a sign stating: “WARNING: THIS BUILDING/STRUCTURE IS A FIRE HAZARD”; it remains posted until abatement, but the warning period must not exceed fifteen (15) days from lapse of the initial compliance period (Section 9).
- If noncompliance persists after the period specified in the order for abatement, the Chief, BFP may issue an order for abatement; if the owner/administrator/occupant still fails to abate within the ordered period, the building/structure/premises/facilities must be ordered closed by the Chief, BFP notwithstanding any earlier permit clearance/certificate by local authorities (Section 9).
- If the Chief, BFP declares a building/structure a firetrap due to the gravity/palpability of the violation or imminent fire danger to adjoining establishments and habitations, the building/structure is declared a public nuisance as defined in the Civil Code, via notice to the responsible parties (Section 9).
- When declared a public nuisance, the abatement deadline depends on assessed nuisance value:
- If assessed value or abatement amount is not more than One hundred thousand pesos (P100,000.00), abatement must occur within Fifteen (15) days.
- If assessed value or abatement amount is more than One hundred thousand pesos (P100,000.00), abatement must occur within thirty (30) days (Section 9).
- If there is failure to comply within five (5) days from receipt of the notice, the Chief, BFP must put up a sign near the entrance stating the structure is a “FIRETRAP”, which remains until abatement within the specified period (Section 9).
- Summary abatement means all corrective measures to abate hazards, including remodeling, repairing, strengthening, reconstructing, removal, and demolition, partial or total (Section 9).
- The expenses incurred by the government for summary abatement are borne by the owner/administrator/occupant and constitute a prior lien on the property (Section 9).
Enforcing the prior lien and auction sale
- If the owner/administrator/occupant fails to reimburse the government within ninety (90) days from completion of summary abatement, the building/structure must be sold at public auction under existing laws and rules (Section 10).
- The property cannot be sold for less than the abatement expenses incurred by the government (Section 10).
- The property is forfeited in favor of the government if the highest bid is not at least equal to the abatement expenses (Section 10).
Administrative and criminal penalties
- Violations require both abatement enforcement and applicable penalties (Section 9; Section 11).
- Administrative fine and orders against private individuals:
- Any person who violates any provision of the Fire Code or rules/regulations promulgated under the Act is penalized by an administrative fine not exceeding Fifty thousand pesos (P50,000.00) and, in proper cases, by stoppage of operations, closure, or both administrative fine and closure/stoppage, imposed by the Chief, BFP (Section 11(1)(a)).
- Payment of the fine and/or closure/stoppage does not absolve the violator from correcting deficiencies or abating the fire hazard (Section 11(1)(a)).
- The Chief, BFP’s decision may be appealed to the Secretary of the Interior and Local Government; unless ordered by the Secretary, the appeal does not stay execution of the Chief, BFP’s order; the Secretary’s decision is final and executory (Section 11(1)(a)).
- Punitive penalties against private individuals for willful noncompliance:
- Willful failure to correct or abate results, upon conviction, in imprisonment of not less than six (6) months nor more than six (6) years, or a fine of not more than One hundred thousand pesos (P100,000.00), or both (Section 11(1)(b)).
- For corporations/firm/partnership/association, the fine and/or imprisonment is imposed on officials responsible (Section 11(1)(b)).
- For an alien, deportation is imposed in addition to the penalties (Section 11(1)(b)).
- If the violation is attended by injury, loss of life, and/or damage to property, proceedings must be under the applicable provisions of the Revised Penal Code (Section 11(1)(b)).
- Penalty for maliciously removing fire hazard/firetrap sign:
- Any person who, without authority, maliciously removes a sign placed by the authorized person is liable for imprisonment of thirty (30) days or a fine not exceeding One hundred thousand pesos (P100,000.00), or both, in the discretion of the court (Section 11(1)).
- Penalty for disobeying fire ground commander during firefighting:
- Any person who disobeys a lawful order of the fire ground commander during firefighting is penalized with imprisonment of one (1) day to thirty (30) days and a fine of Five thousand pesos (P5,000.00) (Section 11(1)).
Penalties for public officers and employees
- Administrative liability attaches when acts/omissions occur in enforcement of the Code, implementing rules, and other pertinent laws. Penalties are reprimand, suspension, or removal in the discretion of the disciplining authority, depending on gravity, without prejudice to other applicable laws (Section 11(2)(a)).
- Administrative acts/omissions include:
- Unjustified failure to conduct inspection of buildings/structures at least once a year (Section 11(2)(a)(1)).
- Deliberate failure to put up a “FIRE HAZARD” or “FIRE TRAP” sign within the area of responsibility (Section 11(2)(a)(2)).
- Endorsing for certification or submitting reports that a building/structure complies when it is contrary to fact (Section 11(2)(a)(3)).
- Issuing or renewing occupancy or business permit without the FSIC (Section 11(2)(a)(4)).
- Failure to cancel occupancy or business permit after failure to comply with notice/order for compliance within the specified period (Section 11(2)(a)(5)).
- Failure to abate a public nuisance within fifteen (15) days after failure to abate within the period in the notice (Section 11(2)(a)(6)).
- Abusing authority through corruption or unethical practices (Section 11(2)(a)(7)).
- Other willful impropriety or gross negligence in performance as provided in the Act or implementing rules (Section 11(2)(a)(8)).
- Punitive liability for willful violations involving the enumerated acts/omissions:
- Upon conviction, the public officer/employee is punished by imprisonment of not less than six (6) months nor more than six (6) years, or a fine of not more than One hundred thousand pesos (P100,000.00), or both (Section 11(2)(b)).
- If attended by injury, loss of life, and/or property, proceedings must be under the Revised Penal Code (Section 11(2)(b)).
Appropriations, fee sources, and collection rules
- BFP receives appropriations to support manpower, infrastructure, and equipment needs, included in the BFP’s annual appropriation as necessary to attain Fire Code objectives (Section 12).
- Taxes and fees imposed for funding, accruing to the general fund of the National Government, include:
- Fees for issuance of certificates, permits, and licenses as provided in Section 7(a) (Section 12(1)).
- 0.1% (one-tenth of one per centum) of verified estimated value of buildings/structures to be erected, from the owner, not to exceed Fifty thousand pesos (P50,000.00); one-half paid before issuance of building permit, and the balance after final inspection and before issuance of use and occupancy permit (Section 12(2)).
- 0.10% (one-hundred of one per centum) of assessed value of buildings/structures annually payable upon payment of real estate tax, except on structures used as single family dwellings (Section 12(3)).
- 2% of all premiums (excluding re-insurance premiums) for fire, earthquake and explosion hazard insurance collected by licensed companies/persons/agents (Section 12(4)).
- 2% of gross sales of companies/persons/agents selling fire fighting equipment, appliances or devices (including hazard detection and warning systems) (Section 12(5)).
- 2% of service fees received from fire, earthquake, and explosion hazard reinsurance surveys and post loss service of insurance adjustment companies doing business in the Philippines directly through agents (Section 12(6)).
- Collection of all taxes, fees, and fines provided in the Code is done by the BFP (Section 13).
- Of such collections:
- 20% is set aside and retained for the city or municipal government concerned, exclusively for operation and maintenance of its local fire station, including construction and repair (Section 13).
- 80% is remitted to the National Treasury under a trust fund assigned for modernization of the BFP (Section 13).
- Assessment functions:
- The assessment of Fire Code taxes, fees, and fines is vested upon the BFP; the BFP prescribes procedural rules subject to DILG approval (Section 13-A).
- Collection and assessment of local taxes/fees/fines in the Local Government Code, except those contained in this Code, remain the function of concerned local government units (Section 13-B).
- Use of income:
- The Chief, BFP may use income generated under the Code, subject to approval of the Secretary of the Interior and Local Government, for procurement of fire protection and fire fighting investigation, rescue, paramedics, supplies/materials, related technical services necessary for the fire service, improvement of BFP facilities, and abatement of fire hazards (Section 13-C).
- The BFP determines the optimal number of equipment (including fire trucks and fire hydrants) required by every local government unit for proper delivery of fire protection services (Section 13-C).
- The Bureau of Product Standards evaluates, determines, and certifies that procurement of firefighting and investigation supplies/materials conforms to product standards fixed by the BFP (Section 13-C).
- The BFP must submit a detailed set of product standards to the Bureau of Product Standards within six (6) months from effectivity of the Act (Section 13-C).
- Monitoring mechanism:
- Within six (6) months from effectivity, the Chief, BFP must submit to the Secretary of the Interior and Local Government a management tool or mechanism to ensure effective monitoring of enforcement, including the amount of Fire Code fees collected (Section 13-D).
Rules issuance, repeal, and severability
- Within sixty (60) days from effectivity of the Act, the Secretary of the Interior and Local Government must issue the rules and regulations for effective implementation (Section 14).
- Presidential Decree No. 1185 is repealed (Section 15).
- All laws, presidential decrees, letters of instructions, executive orders, rules and regulations inconsistent with the Act are repealed or amended accordingly (Section 15).
- If any provision or portion of the Act is declared unconstitutional by a competent court, other provisions are not affected (Section 16).