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I Overview of the Fire Code of the

Philippines

II Assessment a. Review of the Sources of Income b. Procedures and Manner of Assessment

a. RA 9514 b. IRR

Dates to Remember:
December 19, 2008 signed into law by PGMA

January 5, 2009 - Published at Manila Bulletin and Manila Times January 20, 2009 Date of Effectivity

F/Insp Jan Garry D Lunas, RME, Ph.D.

Significant Features:
Assist and support fire volunteers, practitioners and fire volunteer organizations,

provided that during firefighting operations, fire volunteer organizations shall be under the direct operational control of the fire ground commanders of the BFP. (Section 5
para c.)

Call on the police, other law enforcement agencies, and local government assistance to render necessary assistance in the enforcement of this Code. (Section 5 para f.)
F/Insp Jan Garry D Lunas, RME, Ph.D.

Significant Features:

Mandatory inspection of every building or structure at least once a year. (Section 5 para g)
Require the building owner/occupant to submit plans and specifications, and other pertinent documents of said building to ensure compliance with applicable codes and standards. (Section 5 para j)

F/Insp Jan Garry D Lunas, RME, Ph.D.

Significant Features:
Issue a written notice to the owner and/or contractor to stop work on portion of any work due to absence, or in violation of approved plans and specifications, permit and/or clearance or certification as approved by the Chief, BFP or his/her duly authorized representative. The notice shall state the nature of the violation and no work shall be continued on that portion until the violation had been corrected. (Section 5 para k)
F/Insp Jan Garry D Lunas, RME, Ph.D .

The Fire Code of the Philippines of 2008 (RA 9514)


Significant Features:

10 to 15 days period for compliance for violations of the Code (Section 9). The BFP may put up a sign in front of the building or structure declared as fire hazard. The notice shall bear the words WARNING: THIS BUILDING/STRUCTURE IS A FIRE HAZARD. (Section 9)
F/Insp Jan Garry D Lunas, RME, Ph.D .

Significant Features:
Collection by the BFP of all fees, fines and taxes imposed by the Code. (Section 13)
The assessment of fire code taxes, fees and fines is vested upon the BFP. (Section 13-A)

Administrative fine of maximum amount of P 50,000.00. (Section 11)


F/Insp Jan Garry D Lunas, RME, Ph.D .

Significant Features:
Six (6) months to six (6) years imprisonment or a fine of not more than P 100,000.00 for both the private individual and public officer/employee for violations of the Code. (Section 11)

Authority of the BFP to close any building, structure or facility notwithstanding any permit, clearance or certificate earlier issued by local authorities . (Section 9)
F/Insp Jan Garry D Lunas, RME, Ph.D .

Significant Features: The Chief, BFP subject to the approval of Secretary of the Interior and Local Government to use the income generated under the Fire Code for procurement of fire protection and fire fighting investigation, rescue, paramedics, supplies and materials and related technical services necessary for the fire service and the improvement of facilities of the BFP. (Section 13-C)

F/Insp Jan Garry D Lunas, RME, Ph.D .

Dates to Remember:
March 4, 2009 BFP submitted the proposed IRR to DILG for approval
June 24, 2009 SILG approved the IRR October 17, 2009 publication at Manila Times November 18, 2009 Effectivity of the IRR

1. 2. 3. 4. 5. 6. 7.

8.

9.

10.
11. 12. 13. 14.

INTERPRETATION COVERAGE DEFINITION OF TERMS AUTHORITY OF THE CHIEF, BFP BFP REORGANIZATION AND PROFESSIONALIZATION FIRE BRIGADES, FIRE VOLUNTEER ORGANIZATIONS AND FIRE SAFETY PRACTITIONERS ASSISTANCE AND SUPPORT TO THE BFP FIRE SAFETY ENFORCERS a. Qualifications b. Functions ENFORCEMENT AND ADMINISTRATION OF FIRE SAFETY MEASURES FIRE SAFETY MEASURES PROHIBITED ACTS FIRE CODE TAXES, FEES/CHARGES AND FINES ADMINISTRATIVE COURSES OF ACTION MISCELLANEOUS

A. Fees to be charged for the issuance of certificates, permits and licenses as provided for in Section 7 of RA 9514; B. One tenth of one per centum (0.10%) of the

verified estimated value of buildings or structures to be erected, from the owner

thereof, but not to exceed fifty thousand pesos (PhP50,000.00), at least fifty per centum (50%) to be paid prior to the issuance of the building permit, and the balance, after final inspection and prior to the issuance of use and occupancy permit;

C. One-hundredth of one per centum (0.01%)

of the assessed value of buildings or structures annually payable upon payment of

the real estate tax, except on structures used as single family dwellings;

D. 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
agents licensed to sell such insurances in the Philippines;

E. Two per centum (2%) of gross sales of

companies, persons or agents selling fire fighting equipment, appliances or devices,


including hazard detection and warning systems; and

F. Two per centum (2%) of the 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.

1. 2. 3. 4.

5.

Storage Clearance Fees. Conveyance Clearance Fees. Installation Clearance Fees. Other Clearance Fees. Administrative Fines.

Section 12.0.0.3 A. The assessment of fire code taxes, fees/charges and fines as revenue is vested upon the BFP. The Chief, BFP shall prescribe
the procedural rules for such purpose, subject to the approval of the Secretary, DILG.

B. The C/MFM having jurisdiction shall assess the prescribed Fire Code revenues within his area of jurisdiction.

Section 12.0.0.3
C. The Chief, BFP or his duly authorized representative shall exercise the general power to assess the prescribed fire code taxes, fees/charges and fines for installations, structures, facilities and operations not within the jurisdiction of any Fire Marshal or in any other condition as the need arises thereto.

Section 12.0.0.3

D. The result of the assessment shall be the basis for issuance of Order of Payment Slip (OPS) by the C/MFM having jurisdiction for purposes of collection and deposit.

1.

Fire Code Construction Tax

(0.10% of the verified estimated value of buildings or structures to be erected)


* to be collected from the owner

* Bill of Materials basis of computation

P50,000.00

2. Fire Code Realty Tax

(0.01% of the assessed value of buildings or structures annually payable upon payment of real estate tax) * to be collected from owners

* Tax Declaration/Assessment from the Municipal/City Assessor basis of computation

23.90

3. Fire Code Premium Tax

(2% of all premiums for the sale of fire, earthquake and explosion hazard insurance)

* to be collected from owners of insurance companies * Audited Financial Statement of the Company for the Previous CY or a certification from the Accountant basis of computation

4. Fire Code Sales Tax


(2% of gross sales of companies, persons or agents selling firefighting equipment, appliances or devices, including hazard detection and warning systems) * to be collected from sellers or installers * Audited Financial Statement of the Company for the Previous CY or the total contract cost in case of installations basis of computation

565,323.08

5. Fire Code Proceeds Tax

(2% of the service fees received from fire, earthquake and explosion hazard reinsurance surveys and post loss service of insurance adjustment companies)

to be collected from owners of insurance adjustment companies

* Audited Financial Statement of the Company for the Previous CY or a Certification from the Accountant detailing such fees basis of computation

6. Fire Safety Inspection Fee

(Fees for the conduct of fire safety inspection equivalent to ten percent (10%) of all fees charged by the building official, or by the Local Government Unit, or by other government agencies concerned in the granting of permits or licenses) * to be collected from owners of business establishments securing FSIC * Tax Bill/Assessment from the Business Permits and License Office/Treasurers Office

1,179.25

7. Storage Clearance Fee


(Fees

derived from the storage of flammable and combustible materials)


* Section 12.0.0.4 (Schedule of Fees and Fines) basis of computation

1. Storage Clearance Fee

- storage clearance shall be issued upon payment of a fee based on the storage capacity as indicated:

a. Flammable/combustible solids
i.

Calcium carbide STORAGE CAPACITY (in kilograms) From 40 to 80 Over 80 to 200 Over 200 to 2,000 Over 2,000 to 4,000 Over 4,000 to 20,000 Over 20,000 to 40,000 Over 40,000 to 200,000 Over 200,000 ANNUAL FEES (in PhP) 14.00 18.00 36.00 54.00 72.00 90.00 135.00 180.00

135.00

8. Conveyance Clearance Fee

(Fees derived from transporting flammable and combustible materials)


* Section 12.0.0.4 (Schedule of Fees and Fines) basis of computation

a.

For every conveyance clearance issued on cargo trucks or motor vehicles with a load capacity not exceeding 2,000 liters of inflammable liquid with a flash point of 93.3oC payable annually PhP 500.00 For every additional 400 liters or fraction thereof 20.00

i.

9. Installation Clearance Fee


(Fees derived from installation of tanks and pipes of flammable and combustible substances and fire protection systems) * Section 12.0.0.4 (Schedule of Fees and Fines) basis of computation

3. Installation Clearance Fee For installing


gas and liquid systems other than at bulk premises, an Installation Clearance shall be issued upon payment of the installer of the amount as prescribed below:

a. Gases (LPG, CNG and other compressed gases) exceeding 454 liters water capacity PhP 80.00

For every additional 100 liters water capacity or fraction thereof in excess of 454 liters 20.00

10. Fire Code Fines


(Fees derived from the imposition of administrative fines)

* Review of Sections 12.0.0.4 B, 13.0.0.2, 13.0.0.3, and 13.0.0.4.

11. Other Clearance Fee


Fireworks display b. Fumigation/ Fogging c. Fire Drill d. Hotworks e. Fire Incident Clearance
a.

- P 300.00
- P 100.00 - P 200.00 - P 150.00

- P 100.00

11. Other Clearance Fee


f. Certified True Copy of FSIC g. Certified True Copy of FSEC h. Certified True Copy of Fire Clearance i. Other clearances/clearances - P 100.00 - P 100.00
- P 100.00 - P 200.00

Thank You!
Presented by:

F/INSP JAN GARRY D LUNAS, MBA, Ph.D. Registered Mechanical Engineer Fire Safety Engineer