RULE 9.

ENFORCEMENT AND ADMINISTRATION OF FIRE SAFETY MEASURES

DIVISION 1. GENERAL

A. Inspection of all buildings, structures, facilities and premises, hazardous operations, storage
facilities and transportation vehicles of hazardous materials and the determination of compliance
with RA 9514 and its RIRR shall be done by C/MFM having jurisdiction. B. Fire safety
inspection shall be conducted as a prerequisite to grants of permits and/or licenses by local
governments or other government agencies. No Certificate of Occupancy, Business Permit or
Permit to Operate shall be issued without securing a Fire Safety Inspection Certificate (FSIC)
from the C/MFM having jurisdiction. C. The C/MFM having jurisdiction shall review, evaluate
and assess plans, design calculations and specifications, and issue the necessary building Fire
Safety Evaluation Clearance (FSEC) as a prerequisite for the issuance of Building Permit by the
Office of the Building Official, upon determination that design and specification is in accordance
with RA 9514 and its RIRR.

DIVISION 4. FIRE SAFETY INSPECTION CERTIFICATE SECTION 9.0.4.1 FSIC AS A

PREREQUISITE FOR ISSUANCE OF PERMIT/LICENSE Upon compliance of the fire safety
requirements under Rule 10 of this RIRR, a Fire Safety Inspection Certificate (FSIC) shall be
issued by the C/MFM having jurisdiction as a prerequisite for the issuance of Certificate of
Occupancy, Business Permits or Permit to Operate, licenses and other permits issued by the
following: A. Local Government Units (LGUs); B. Office of The Building Official (OBO); C.
PhilHealth Accreditation for Hospitals; D. Department of Health (DOH); E. Philippine
Economic Zone Authority (PEZA) and other similar entities; and F. Other government agencies
SECTION

DIVISION 2. FIRE SAFETY EVALUATION AND INSPECTION

Building plan review, inspection during and after construction, and business routine inspection
shall be in accordance with the Citizen’s Charter. SECTION 9.0.2.1 BUILDING PLAN
REVIEW A. The Plan Evaluator shall undertake the necessary evaluation and review of the
plans in accordance with the guidelines issued by the Chief, BFP for this purpose, indicating
whether or not such plans conform to the fire safety and life safety requirements of RA 9514 and
its RIRR. For this purpose, a Fire Safety Checklist shall be used to facilitate the checking of
building plan. The evaluated plans and the corresponding Fire Safety Checklist shall then be
submitted to the Chief, FSES/U for review and recommendation to the C/MFM having
jurisdiction. B. The C/MFM having jurisdiction upon evaluation of the recommendation will
either issue FSEC or Notice of Disapproval (NOD), as the case may be, and upon payment by
the owner/authorized representative of Fire Code Construction Tax and other appropriate Fire
Code Fees. C. No building plan shall be evaluated without the submission of Fire Safety
Compliance Report (FSCR) in accordance with Division 3 of this Rule and the pertinent
documents required under the BFP Citizen’s Charter. D. The procedure for securing FSEC shall
be in accordance with the BFP Citizen’s Charter. SECTION 9.0.2.2 INSPECTION DURING
CONSTRUCTION During construction, renovation, modification or alteration, the C/MFM
having jurisdiction, on the basis of issued FSEC, shall inspect the premises to determine whether
the plans, and specifications are being followed and fire safety precautions are being observed.
He/ She shall cause the correction of any defects/deficiencies noted, when necessary. SECTION
9.0.2.3 INSPECTION AFTER COMPLETION OF CONSTRUCTION A. After
construction/renovation/modification or alteration and prior to the issuance of the Certificate of
Occupancy by the Building Official, the C/MFM having jurisdiction shall designate a Fire Safety
Inspector (FSI) who shall inspect the building, structure or facility. The FSI shall recommend in
his/her After Inspection Report (AIR) the issuance of necessary Fire Safety Inspection Certificate
(FSIC) upon determination that the required fire safety construction is in place, and fire
protective and/or warning systems are properly installed in accordance with the approved plans
and specifications. B. The C, FSES/U shall review the findings of the FSI and recommend to the
C/MFM having jurisdiction the issuance of FSIC for Occupancy or NOD. The C/MFM having
jurisdiction will either issue the FSIC or NOD, as the case may be, upon payment of appropriate
Fire Code Fees. However, if it appears during inspection that the subject establishment is already
occupied or operating, a Notice to Comply (NTC) shall be issued to the owner/administrator/
occupant and the procedure under Rule 13 of this Code shall be observed. C. Testing and
commissioning of fire protective and warning system of the building shall be conducted by the
installer/contractor during inspection to be witnessed by the FSI. No FSIC for Occupancy shall
be issued without submission of Fire Safety Compliance and Commissioning Report (FSCCR) in
accordance with Division 3 of this Rule and other pertinent documents required under the BFP
Citizen’s Charter. D. The procedure for securing FSIC for Occupancy shall be in accordance
with the BFP Citizen’s Charter. SECTION 9.0.2.4 BUSINESS AND ROUTINE/ANNUAL
INSPECTION A. Inspection for the purpose of Business/Mayor’s Permit and other Permits or
Licenses Application 1. The C/MFM having jurisdiction shall cause the inspection of premises of
any industrial, commercial or business operations, and issue the necessary FSIC, as a prerequisite
for the grant of Business/Mayor’s Permit or Certificate of Annual Inspection from Philippine
Economic Zone Authority (PEZA), upon determination that fire safety measures for use,
handling, or storage of explosives or combustible, flammable, toxic and other hazardous

materials, as well as hazardous operations or processes, have been complied, and upon payment
of appropriate Fire Code Fees.

RULE 13. ADMINISTRATIVE COURSES OF ACTION SECTION 13.0.0.1 GENERAL

GUIDELINES A. Fines Before a fine is imposed, the violator shall first be informed of his/her
violation/s and ordered to correct the same immediately, if feasible, or within a reasonable period
of time as prescribed in Section 13.0.0.6 of this RIRR. At the expiration of the period to comply
the deficiency/deficiencies, a reinspection shall be conducted to determine compliance. If
compliance is not effected or if compliance does not conform to the required standards, the first
violation is committed and the violator shall be fined and further ordered to effect the correction.
Repeated failure on the part of the violator to effect corrections will constitute subsequent
violations. Administrative fines shall be imposed for every violation. B. Abatement 1. All fire
hazards shall be abated immediately. Abatement is any act that would remove or neutralize a fire
hazard. Such acts are specified in the Notice to Comply. 2. Abatement includes, among others,
any one (1) or combination or all of the following: a. Removal of the source of ignition; b.
Rearranging or adjusting articles within the minimum clearances or dimensions; c. Reduction in
the amount/quantity of flammable, combustible and/or hazardous materials; d. Changes in
procedure in the conduct of hazardous operation; e. Constructions to limit and control the spread
of fire and smoke; f. Installation of fire protective and/or warning systems; and g. Remodeling,
repairing, strengthening, reconstructing, removal and demolition, either partial or total, of the
building or structure. h. Where there is inaction on the part of the violator, abatement may be
made summarily by the BFP if this is the only recourse to remove the imminent danger to life
and property and achieve fire safety. In this case, the provisions of Sections 9, 10 and 11 of RA
9514 applies.

344

C. Closure Closure of the building shall be resorted to by the BFP when the offender fails to
comply with the abatement order or when the deficiency constitutes a clear and imminent danger
to life and property.

SECTION 13.0.0.2 FIXING OF FINES A. Administrative fines shall be determined as follows:

1. When the violation carries an administrative fine which has a rate per unit volume, weight or
unit, the fine shall be computed by multiplying the weight/volume/unit by the rate. 2. Where the
violation carries a fine within a certain range (for example, PhP25,000.00 – PhP37,500.00), the
fine increases with the number of times a violation of the same provision is committed: a. First
violation (Notice to Correct Violation) – the fine shall be the minimum amount in the range. b.
Second violation (Abatement Order) – the fine shall be the maximum amount in the range.

3. When two (2) or more offenses are committed, the same procedures in para A.1 and A.2 above
shall be followed, but the fine shall be sum of all administrative fines; Provided, that the total
fines shall not exceed fifty thousand pesos (PhP50,000.00). B. Failure to Pay Fine – Failure on
the part of the violator to pay the administrative fine within the period fixed in the Notice shall
constitute a ground for the issuance of Closure Order for the building or the portion thereof.

SECTION 13.0.0.3 JURISDICTION Abatement, administrative fines, closure of the building,

and assessment and declaration for public nuisance shall be imposed by the C/MFM having
jurisdiction. SECTION 13.0.0.4 GENERAL PROCEDURES A. When the Inspection Report
submitted by the Fire Safety Inspector (FSI) indicates violation of RA 9514 and its RIRR, the
C/MFM having jurisdiction shall immediately issue Notice to Comply within which compliance
shall be effected within the period provided for under Section 13.0.0.6 of this RIRR. Such Notice
shall include, among others, a citation of the specific provision/s of RA 9514 and its RIRR
violated and the specific actions/corrections that should be complied for period of not exceeding
fifteen (15) days. The original copy of such Notice shall be served upon the person responsible
not exceeding three (3) days from its issuance.

D. After the lapse of the prescribed period to comply provided for under the Abatement Order, a
re-inspection shall be conducted. When the re-inspection report submitted by the FSI indicates
non-compliance of the Abatement Order, the C/MFM having jurisdiction shall: 1. Effect the
continuous posting of the sign in front of the building or structure that it is a fire hazard.
Specifically, the notice shall bear the words “WARNING: THIS BUILDING/ STRUCTURE IS
A FIRE HAZARD”, which shall remain posted until such time that the owner, administrator,
occupant or other persons responsible for the condition of the building, structure and their
premises or facilities abate the same. 2. Implement Closure Order after its service to the
owner/responsible person in the building/establishment. Copy of the order shall also be sent to
the Office of the Mayor and Business Permit and Licensing Office (BPLO) for the revocation of
the business permit. Any existing FSIC shall be revoked.
SECTION 13.0.0.5 PUBLIC NUISANCE A. Any building or structure assessed as a fire trap on
account of the gravity or palpability of the violation, or is causing clear and present imminent
danger to adjoining establishments and habitations shall be declared as public nuisance by the
C/MFM having jurisdiction. Clear and present imminent danger shall mean absence of secondary
exit or if at least five (5) of the following fire safety violations are committed: 1. Insufficient
exit width; 2. Absence of fire-resistive enclosure for main and secondary exits; 3. Swing of exit
door against the flow of travel; 4. Obstructed/padlocked fire exit; 5. Absence of fire wall;

346

6. Absence/defective fire alarm and smoke detection system; 7. Absence/inadequate automatic

battery-operated emergency light or illuminated exit signs. 8. Absence of standpipe system; 9.
Absence of automatic fire suppression system; 10. Absence or defective smoke management
system; 11. Absence of fire safety measures in the manufacture, storage, handling, display,
and/or use of hazardous material/s, as required in Section 7, para “B” of RA 9514; 12. Absence
of fire safety measures for hazardous operations or processes as required in Section 7, para “C”
of RA 9514; B. Procedures 1. A notice of declaration as a public nuisance shall be issued by the
C/MFM having jurisdiction within twenty-four (24) hours upon assessment to the owner,
administrator, occupant or other person responsible for the condition of the building, structure
and their premises or facilities. The notice shall contain the grounds relied upon in declaring the
same as public nuisance. 2. Upon receipt of the notice, the owner, administrator, occupant or
other person responsible for the condition of the building, structure and their premises or
facilities shall cause the immediate abatement of the hazard therein specified within the
following periods: a. If the assessed value of the nuisance or the amount to be spent in abating
the same is not more than one hundred thousand pesos (PhP100,000.00), the owner,
administrator or occupant thereof shall abate the hazard within fifteen (15) days from receipt of
the order declaring said building or structure a public nuisance; or b. If the assessed value is
more than one hundred thousand pesos (PhP100,000.00), the owner, administrator or occupant
thereof shall abate the hazard within thirty (30) days from receipt of the order declaring said
building or structure a public nuisance; 3. Failure to comply within five (5) days from the receipt
of the notice shall cause the C/MFM to put up a sign in front of the building or structure, at or
near the entrance of such premises, notifying the public that such building or structure is a
“FIRETRAP”, which shall remain posted until the owner, administrator, occupant or other
person responsible for the condition of the building, structure, facilities and their premises abate
the same within the specified period. After the lapse of the said period, without the hazard being
abated, Closure Order shall be issued. 4. Failure of the owner, administrator, occupant or other
person responsible for the condition of the building, structure, facilities and their premises, which
are vital to the public to abate the same, shall constrain the BFP to employ all corrective
measures to abate hazards, which shall include but not be limited to remodeling, repairing,
strengthening, reconstructing, removal and demolition, either partial or total, of the building or
structure, subject to the availability of funds appropriated for this purpose.

According to the Bureau of Fire Protection (BFP).These are the fire codes taxes,
fees/ charges and fines that tackled in the meeting: Failure to post or in adequate posting of
required signage worth of PhP 12, 500,00 to PhP 27,500.00 charges. Failure to secure and
submit documentary requirements such as, but not limited to: A copy of fire insurance policy
submitted within the prescribed time limit worth of PhP 12, 500.00 to PhP 27,500.00 charges.
FSIC for the year of default are the following: A. failure to renew FSIC for less than a year worth
of 50% of the total amount paid by the applicant. B. failure to renew FSIC for a year or more
worth of 100% of the total amount to be paid by the applicant for each year of default. C. Filling
Fee for Fire Safety Evaluation Clearance (FSEC) worth of P200.00 charges. D. Fire Drill worth
of P1000.00 charges. E. Fire Incident Clearance worth of P350.00 charges. F. Fire Prevention
and Safety Seminar worth of 2,000.00 charges. H. Fireworks Display worth of P1,049.00
charges. I. Fumigation/Fogging worth of P350.00 charges. J. Open Flame worth of P525.00
charges. K. Protest Fee mentioned under Rule 14 of this RIRR worth of P500.00 charges. Under
Section 12.0.0.2 Fire Code Revenues. A. The classification of Fire Code revenues and rates are
prescribe and the following schedule: 1. Fire Code Construction Tax. One-tenth of one per
centum (0.01%) of the verified estimated buildings or structure to be erected, from the owner
thereof, but not to exceed fifty thousand (PhP 50,000.00) pesos. 2. Fire Code Reality Tax. One –
hundredth of one per centum (0.01%) of the assessed value of buildings or structures annually
payable upon paymentof the real estate tax, except on structure use as single family. 3. Fire Code
Premium Tax: Two per centum (2%) of all premiums, excluding re-insurance premiums for the
sale of fire, earthquake and explosion hazard insurance collected by companies, persons or
argents licensed to sell such insurance in the Philippines. SECTION 11.0.0.1 PROHIBITED
ACTS AND OMISSIONS The following are declared as prohibited acts and omissions: A.
Obstructing or blocking the exit ways or across to buildings clearly marked for fire safety
purposes, such as but not limited to aisles in interior rooms, any part of stairways, hallways,
corridors, vestibules, balconies or bridges leading to a stairway or exit of any kind, or tolerating
or allowing said violations; B. Constructing gates, entrances and walkways to building
components and yards, and temporary or permanent structures on public ways, which obstruct
the orderly and easy passage of firefighting vehicles and equipment; C. Prevention, interference
or obstruction of any operation of the Fire Service, or of duly organized and authorized fire
brigades; D. Obstructing designated fire lanes or access to fire hydrants; E. Overcrowding or
admission of persons beyond the 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; F. Locking fire exits during
period when people are inside the building; G. Prevention or obstruction of the automatic closure
of fire doors or smoke partitions or dampers; H. Use of fire protective of firefighting equipment
of the Fire Service other than for firefighting except in other emergencies where their use are
justified; I. Giving false or malicious fire alarms; J. Smoking in prohibited areas as may be
determined by Fire Service, or throwing of cigars, cigarettes, burning objects in places which
may start or cause fire; K. Abandoning or leaving a building or structure by the occupant or
owner without appropriate safety measures; 332 L. Removing, destroying, tampering 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; and M. Use of jumpers or tampering
with electrical wiring or overloading the electrical system beyond its designated capacity or such
other practices that would tend to undermine the fire safety features of the electrical system.