1.

FIRE SUPPRESSION (30%)

PRE-FIRE PLANNING
DIVISION 7. URBAN AND RURAL PRE-FIRE PLANNING
SECTION 10.5.7.1 HYDRANT
A. Project developers or owners of housing projects shall provide a hydrant system and develop the
source of water used for the purpose of providing adequate water supply for fire suppression use on
both economic and socialized housing in connection with this Code.

B. Local Government Units (LGUs) in coordination with the BFP shall provide each community with fire
hydrants and cisterns or elevated tanks that will suffice the requirement pertaining to provision of water
for fire fighting operation.

C. All reservoir or water tanks must provide a 20% fire reserve over and above the Average Daily
Demand Supply (ADDS). 427

D. In communities where no public water supply is available, a water well or any other devices with
water impounding capability shall be provided.

SECTION 10.5.7.2 FIRE LANE

The BFP is authorized to direct installation of fire lanes, signages or other approved notices for
emergency use in coordination with concerned government agencies.

A. Requirements
1. Curb top and side shall be painted red and the words "FIRE LANE" shall be stenciled on the top and
side of all red curbs at a maximum interval of 50 feet. Letters shall be three inches (3") in height with a
minimum 3/4-inch in stroke.

2. Outlining or painting the fire lane area in red with the words "FIRE LANE" in white, at intervals of not
more than 50 feet or as otherwise directed by the BFP. Size of lettering shall be not less than 24 inches
in height and three inches (3") in stroke.

B. Enforcement
The enforcement of fire lanes shall be the responsibility of the BFP in coordination with the LGU and
other concerned government agencies.

PRE-FIRE PLANNING
Pre-fire planning should involve all fire suppression personnel on a continuing basis. Pre-fire plans
should complement standard operating procedures by increasing the fire ground commander's
knowledge of complex occupancies and special risks. Plans should be sufficiently flexible to allow for
varying conditions and should utilize the framework of standard operating procedures. Plans that are
excessively rigid or complex may handicap more than benefit an operation.

The following steps are part of the pre-fire planning process:

1. Information gathering – pertinent information such as building construction features, occupancy,
exposures, utility disconnects, fire hydrant locations, water main sizes, etc. that night significantly affect
fire fighting operations must be collected at the selected sight.
2. Information analysis – The information gathered must be analyzed for what is pertinent and vital to
fire suppression operations, so a plan can be formulated into a format that can be used on the fire
ground. A pre-fire plan usually includes a site plan or map; floor plans or diagram identifying pertinent
features, hazards and fire control equipment; and additional text outlining special problems, specific
tactics, hazardous contents, or information on parties responsible for specific areas.
3. Information dissemination – Pre-fire plans should be assembled and distributed in a standard format
to support their use on the fire ground. This may include plans maintained on paper and carried in fire
apparatus, microfilmed plans used with viewers in command vehicles, or information stored in
computer systems accessed by mobile data terminals.
4. Class review and drill – Any company that might be involved at the pre-fire plan location should
review the plan on a regular schedule. If possible, periodic drills and familiarization tours with all
companies involved should be scheduled on the property.
Pre-fire plans are desirable for all targets hazards, special risks, and large complexes. Standard operating
procedures are usually sufficient for single family dwellings and smaller occupancies. Pre-fire planning is
a necessary adjunct to tactical operations and should aid in efficient operations, reduced fire losses, and
an optimum level of fire protection

PRE-FIRE PLANNING (Contents)

I. Company Background
- Discuss the geographical setting/location of the buildings to include other surrounding and adjacent
structures; nature/line of industry/business.

II. Description of Building Facilities

- To include partition, sub-sections

III. Current Workforce and other contractors presently connected in the Industry/Business.

IV. Established Organizational Structure of Fire Brigade.

- Aside from the Organizational Chart, discuss the duties and functions of each member.

V. Discussion of Fire Protection and Life Safety Issues.

a. Building Classification and Construction
b. Hazards of Contents and Combustible Loading
c. Location of Hydrants, sources of water (both inside and outside the structure)

VI. Discussion of Fire Suppression Capability of the Company

a. Lists of inventory of Fire Fighting equipment, to include available fire extinguishing agents (especially
for company’s dealing with hazardous materials).
b. Status of Equipment (to include frequency of maintenance and testing).
c. Other possible sources of tools and equipment just in-case of fire and other related emergency.
d. Identify and discuss basic areas of concern (i.e. evacuation areas, area
of refuge)

VII. Discuss actions to be undertaken before, during and after a fire and other related incident or
emergency.
 FIREFIGHTING TECHNIQUES AND PROCEDURES

TOOLS AND EQUIPMENT AND APPARATUS

Firefighter Tools and Equipment : The List of Essential Firefighter Gear
1. Firefighter personal protection equipment
In most situation, firefighters need to wear protection gear to keep themselves safe on the job. This
basic protection equipment consists of helmet, jackets, pants, gloves and boots. Made from fire
resistant plastic, Helmet protects the head from falling objects which usually occur in ruined building,
usually you can also identify the rank of firefighter based on the color of the helmet.

The jacket and pants are made of fire-resistant materials to keep firefighters from getting burnt while
the inner material is waterproof to keep them dry. There are stripes on the jacket made of reflective
materials to keep firefighters remain visible in the dark. Sometimes as firefighters, they need to touch
hot surfaces to find a civilian trapped inside a building, the special gloves protect their hands from
getting burnt. The boots are also specially designed with a steel insole to prevent injury of firefighter’s
foot from nails or other fragment.

2. Firefighter SCBA (Self-Contained Breathing Apparatus)

This tool is one of essential firefighter tools and equipment that enables the firefighter to breathe when
they enter building filled with smoke. The firefighter can breathe for about fifteen to sixty minutes
depending on the level of activity he or she involved in. This breathing apparatus is also equipped with
personal alarm safety system that gets automatically activated in 30 seconds of non-movement.

3. Firefighter gear
Even when fire has been put out, Firefighters still need to carry extra tools when entering the building.
These tools are usually fire extinguishers to put out small contained fires, axes, hammers, shovels,
flashlights, halligan bar, hydrant wrench and pike poles to check the walls and ceilings of the building
for rolling fires. Pike pole used by firefighter made out of fibreglass with metal hooks at the end. If you
are not familiar with halligan bar, let me explain it to you in simple words, it’s a multipurpose tool that
you can use for twisting, striking, punching, or prying. This tool is very helpful when you need to open
locked doors. In car accidents, sometimes the firefighter need to cut down the doors, this is where
hydrant wrench comes in handy. It acts as a heavy duty cutter as well as fire hydrant valve opener.
During search and rescue operations, they also carry ropes as part of firefighter tools and equipment.

4. Fire Truck
Well, I guess I don’t have to explain why firefighters need fire truck. Aside from being used as
transportation, a fire truck also functions as vital tool to collect and distribute water to put out the fire.
It pumps the water using the engine through the fire hydrant. This fire truck also holds all firefighter
tools and equipment. In United States, fire trucks are known for their bright red color, however in
different countries, they might use different colors such as yellow or green.

5. Firefighter Rescue Ladder

There are times when the firefighter need to have access to the roof or higher place. This can’t be
achieved using conventional ladders. Therefore, this equipment should always be part of firefighter
tools and equipment when they are on duty.
6. Fire Hose
This special fire hose works with high pressure to carry water to put out the fire. It can be attached to a
fire engine or any nearby fire hydrant.

7. Fire Sand Bucket

Don’t be fooled by this bucket look, since it looks like your own conventional bucket. It’s a steel bucket
which usually painted in bright red color. Why firefighters need this low-tech method as part of their
firefighter tools and equipment to put out the fire? Well, this bucket is usually used to put out small
flames. The great thing about this fire bucket is cheap, reliable and easy to use. This bucket is filled with
smothering substances which we can easily purchase in the market such as sand and hard varieties of
beans.

Fighting fire is dangerous and risky. Firefighters put their lives on the line in order to save others,
however, sometimes the danger is not caused by the fire but because of the lack of skill, training, poor
decisions as well as the lack of safety equipment. Therefore it’s crucial for all firefighters to get easy
access to these firefighter tools and equipment.

2. FIRE SAFETY AND PREVENTION (20%)

FIRE CODE OF THE PHILIPPINES

[ Republic Act No. 9514 ]
AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE OF THE PHILIPPINES, REPEALING PRESIDENTIAL
DECREE NO. 1185 AND FOR OTHER PURPOSES ,the following Rules and Regulations are hereby
adopted in order to carry out the provisions of this Code.
Presidential Decree Number 1185 had long been passed 26 August 1977, or thirty-one years ago.
RULE 1. INTERPRETATION
This IRR shall be interpreted in the light of the Declaration of Policy found in
Section 2 of the Code:
“It is the policy of the State to ensure public safety, promote
economic development through the prevention and suppression of
all kinds, of destructive fires, and promote the professionalization of
the fire service as a profession. Towards this end, the State shall
enforce all laws, rules and regulations to ensure adherence to
standard fire prevention and safety measures, and promote
accountability in the fire protection and prevention service.”
RULE 2. COVERAGE
This IRR shall cover the following:
A. All persons;
B. All private or public buildings, facilities or structures and their premises
erected or constructed before and after the effectivity hereof;
C. Design and installation of mechanical, electronics and electrical systems
relative to fire protection;
D. Manufacturing, storage, handling and/or use, and transportation of
explosives and/or combustible, flammable liquids and gases, toxic and
other hazardous materials and operations, and their wastes;
E. Fire safety planning, design, construction, repair, maintenance,
rehabilitation and demolition;
F. Fire protective and warning equipment or systems; 2
G. All land transportation vehicles and equipment, ships or vessels docked at
piers or wharves or anchored in seaports; and
H. Petroleum industry installations.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
SECTION 1. This Act shall be known as the "Fire Code of the Philippines of 2008".
SECTION 2. It is the policy of the State to ensure public safety and promote economic development
through the prevention and suppression of all kinds of destructive fires and promote the
professionalization of the fire service as a profession. Towards this end, the State shall enforce all laws,
rules and regulations to ensure adherence to standard fire prevention and safety measures, and
promote accountability for fire safety in the fire protection service and prevention service.
SECTION 3. Definition of Terms. – As used in this Fire Code, the following words and phrases shall mean
and be construed as indicated:

Abatement – Any act that would remove or neutralize a fire hazard.

Administrator – Any person who acts as agent of the owner and manages the use of a building for him.
Blasting Agent – Any material or mixture consisting of a fuel and oxidizer used to set off explosives.
Class A Fires. Fires involving ordinary combustible materials such as wood,
cloth, rubber and plastics.
Class B or C Fires. Fires involving flammable liquids and gases.
Class C or E Fires. Fires involving energized electrical equipment.
Class D Fire. Fires involving combustible materials, such as sodium,
magnesium, potassium, and other similar materials.
Class K or F Fires. Fires in cooking appliances that involve combustible cooking
media (vegetable or animal oils and fats).
Cellulose Nitrate Or Nitro Cellulose – A highly combustible and explosive compound produced by the
reaction of nitric acid with a cellulose material.
Cellulose Nitrate Plastic (Pyroxylin) – Any plastic substance, materials or compound having cellulose
nitrate (nitro cellulose) as base.
Combustible, Flammable or Inflammable – Descriptive of materials that are easily set on fire.
Combustible Fiber – Any readily ignitable and free burning fiber such as cotton, oakum, rags, waste
cloth, waste paper, kapok, hay, straw, Spanish moss, excelsior and other similar materials commonly
used in commerce.
Combustible Liquid – Any liquid having a flash point at or above 37.8_C (100_F).
Corrosive Liquid – Any liquid which causes fire when in contact with organic matter or with certain
chemicals.
Curtain Board – A vertical panel of non-combustible or fire resistive materials attached to and extending
below the bottom chord of the roof trusses, to divide the underside of the roof into separate
compartments so that heat and smoke will be directed upwards to a roof vent.
Cryogenic – Descriptive of any material which by its nature or as a result of its reaction with other
elements produces a rapid drop in temperature of the immediate surroundings.
Damper – A normally open device installed inside an air duct system which automatically closes to
restrict the passage of smoke or fire.
Distillation – The process of first raising the temperature in separate the more volatile from the less
volatile parts and then cooling and condensing the resulting vapor so as to produce a nearly purified
substance.
Duct System – A continuous passageway for the transmission of air.
Dust – A finely powdered substance which, when mixed with air in the proper proportion and ignited
will cause an explosion.
Electrical Arc – An extremely hot luminous bridge formed by passage of an electric current across a
space between two conductors or terminals due to the incandescence of the conducting vapor.
Ember – A hot piece or lump that remains after a material has partially burned, and is still oxidizing
without the manifestation of flames.
Finishes – Materials used as final coating of a surface for ornamental or protective purposes.
Fire – The active principle of burning, characterized by the heat and light of combustion. Page 2 of 16
Fire Trap – A building unsafe in case of fire because it will burn easily or because it lacks adequate exits
or fire escapes.
Fire Alarm – Any visual or audible signal produced by a device or system to warm the occupants of the
building or fire fighting elements of the presence or danger of fire to enable them to undertake
immediate action to save life and property and to suppress the fire.
Fire Door – A fire resistive door prescribed for openings in fire separation walls or partitions.
Fire Hazard – Any condition or act which increases or may cause an increase in the probability of the
occurrence of fire, or which may obstruct, delay, hinder or interfere with fire fighting operations and the
safeguarding of life and property.
Fire Lane – The portion of a roadway or public way that should be kept opened and unobstructed at all
times for the expedient operation of fire fighting units.
Fire Protective And Fire Safety Device – Any device intended for the protection of buildings or persons
to include but not limited to built-in protection system such as sprinklers and other automatic
extinguishing system, detectors for heat, smoke and combustion products and other warning system
components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other
garments that may be put on or worn by persons to protect themselves during fire. Fire Safety
Constructions – Refers to design and installation of walls, barriers, doors, windows, vents, means of
egress, etc. integral to and incorporated into a building or structure in order to minimize danger to life
from fire, smoke, fumes or panic before the building is evacuated. These features are also designed to
achieve, among others, safe and rapid evacuation of people through means of egress sealed from smoke
or fire, the confinement of fire or smoke in the room or floor of origin and delay their spread to other
parts of the building by means of smoke sealed and fire resistant doors, walls and floors. It shall also
mean to include the treatment of buildings components or contents with flame retardant chemicals.
Flash Point – The minimum temperature at which any material gives off vapor in sufficient
concentration to form an ignitable mixture with air.
Forcing – A process where a piece of metal is heated prior to changing its shape or dimensions.
Fulminate – A kind of stable explosive compound which explodes by percussion.
Hazardous Operation/Process – Any act of manufacturing, fabrication, conversion, etc., that uses or
produces materials which are likely to cause fires or explosions.
Horizontal Exit – Passageway from one building to another or through or around a wall in approximately
the same floor level.
Hose Box – A box or cabinet where fire hoses, valves and other equipment are stored and arranged for
fire fighting.
Hose Reel – A cylindrical device turning on an axis around which a fire hose is wound and connected.
Hypergolic Fuel – A rocket or liquid propellant which consist of combinations of fuels and oxidizers
which ignite spontaneously on contact with each other.
Industrial Baking And Drying – The industrial process of subjecting materials to heat for the purpose of
removing solvents or moisture from the same, and/or to fuse certain chemical salts to form a uniform
glazing the surface of materials being treated.
 Jumper – A piece of metal or an electrical conductor used to bypass a safety device in an electrical
system.
Occupancy – The purpose for which a building or portion thereof is used or intended to be used.
Occupant – Any person actually occupying and using a building or portions thereof by virtue of a lease
contract with the owner or administrator or by permission or sufferance of the latter.
Organic Peroxide – A strong oxidizing organic compound which releases oxygen readily. It causes fire
when in contact with combustible materials especially under conditions of high temperature.
Overloading – The use of one or more electrical appliances or devices which draw or consume electrical
current beyond the designed capacity of the existing electrical system.
Owner – The person who holds the legal right of possession or title to a building or real property.
Oxidizing Material – A material that readily yields oxygen in quantities sufficient to stimulate or support
combustion.
Pressurized Or Forced Draft Burning Equipment – Type or burner where the fuel is subjected to
pressure prior to discharge into the combustion chamber and/or which includes fans or other provisions
for the introduction of air at above normal atmosphere pressure into the same combustion chamber.
Public Assembly Building – Any building or structure where fifty (50) or more people congregate,
gather, or assemble for any purpose.
Public Way – Any street, alley or other strip of land unobstructed from the ground to the sky, deeded,
dedicated or otherwise permanently appropriated for public use.
Pyrophoric – Descriptive of any substance that ignites spontaneously when exposed to air.
Refining – A process where impurities and/or deleterious materials are removed from a mixture in order
to produce a pure element of compound. It shall also refer to partial distillation and electrolysis.
Self-Closing Doors – Automatic closing doors that are designed to confine smoke and heat and delay the
spread of fire.
Smelting – Melting or fusing of metallic ores or compounds so as to separate impurities from pure
metals.
Sprinkler System – An integrated network of hydraulically designed piping installed in a building,
structure or area with outlets arranged in a systematic pattern which automatically discharges water
when activated by heat or combustion products from a fire.
Standpipe System – A system of vertical pipes in a building to which fire hoses can be attached on each
floor, including a system by which water is made available to the outlets as needed.
Vestibule – A passage hall or antechamber between the outer doors and the interior parts of a house or
building.
Vertical Shaft – An enclosed vertical space of passage that extends from floor to floor, as well as from
the base to the top of the building.
SECTION 4. Applicability of The Code. – The provisions of the Fire Code shall apply to all persons and all
private and public buildings, facilities or structures erected or constructed before and after its effectivity.
SECTION 5. Responsibility for the Enforcement of this Code. – This Code shall be administered and
enforced by the Bureau of Fire Protection (BFP), under the direct supervision and control of the Chief of
the Bureau of Fire Protection, through the hierarchy of organization as provided for in Chapter VI of
Republic Act No. 6975. with the approval of the Secretary of the Department of the Interior and Local
Government (DILG), the BFP, is hereby authorized to:
(a) Issue implementing rules and regulations, and prescribe standards, schedules of fees/fire service
charges and administrative penalties therefore as provided in the pertinent provisions of this Code;
(b) Reorganize the BFP as may be necessary and appropriate;
(c) Support and assist fire volunteers, practitioners and fire volunteer organizations in the country who
shall undergo mandatory fire suppression, inspection, rescue, emergency medical services and related
emergency response trainings and competency evaluations to be conducted by the BFP. In the case of
the Fire practitiones, they shall undergo mandatory continuous professional education and competency
evaluation of their expertise, knowledge and skills in the area of fire science, engineering and
technology to be conducted by the BFP;
The BFP may enter into external party agreements for the conduct of training, education and evaluation
of fire volunteers, practitioners and fire volunteer organizations, which shall be under the full control
and supervision of the BFP: Provided, however, That during firefighting operations, fire volunteer
organizations shall be under the direct operational control of the fire ground commanders of the BFP;
(d) Enter into long term agreement, either through public biddings or negotiations in accordance with
the provisions of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act
of 2003, for the acquisition of fire prevention, fire protection and fire fighting investigation, rescue,
paramedics, hazardous material handling equipment, supplies, materials and related technical services
necessary for the fire services;
(e) Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices and
corporations of the government, as well as private institutions, in order to define areas of cooperation
and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention,
fire suppression and other matters of common concern;
(f) Call on the police, other law enforcement agencies, and local government assistance to render
necessary assistance in the enforcement of this Code;
(g) Designate a fire safety inspector through his/her duly authorized representative, who shall conduct
an inspection of every building or structure within his area of responsibility at least once a year and
every time the owner, administrator or occupant shall renew his/her business permit or permit to
operate; No occupancy permit, business or permit to operate shall be issued without securing a Fire
Safety Inspection Certification (FSIC) from the Chief, BFP, or his/her duly authorized representative;
(h) Inspect at reasonable time, any building, structure, installation or premises for dangerous or
hazardous conditions or materials as set forth in this Code, provided that in case of single family
dwelling, an inspection must be upon the consent of the occupant or upon lawful order from the proper
court. The Chief, BFP or his/her duly authorized representative shall order the owner/occupant to
remove hazardous materials and/or stop hazardous operation/process in accordance with the standards
set by this Code or its implementing rules or regulations or other pertinent laws;
(i) Where conditions exist and are deemed hazardous to life and property, to rder the owner/occupant
of any building or structure to summarily abate such hazardous conditions;
(j) 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; and
(k) 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, Page 6 of 16 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 has
been corrected.
SECTION 6. Technical Staff. – The Chief, BFP shall constitute a technical staff of highly qualified persons
who are knowledgeable on fire prevention, fire safety, and fire suppression. They may be drawn not
only from the organic members of the BFP and other government offices and agencies, but also from
other sources. In the latter case, they will either be appointed into the service or hired as consultants in
accordance with law. The technical staff shall study, review and evaluate latest developments and
standards on fire technology; prepare plans/programs on fire safety, prevention and suppression and
evaluate implementation thereof; develop programs on the professionalization of the fire service;
coordinate with appropriate government and private institutions for the offering of college courses on
fire technology and fire protection engineering; propose amendments to the Fire Code; advise the Chief,
BFP on any matter brought to his attention; and perform such other functions as directed on any matter
brought to his attention and perform such other functions as directed by higher authorities.
SECTION 7. Inspections, Safety Measures, Fire Safety, Constructions, and Protective and/or Warning
Systems. – As may be defined and provided in the Rules and Regulations, owners, administrators or
occupants of buildings, structures and their premises or facilities and other responsible persons shall be
required to comply with the following, as may be appropriate:
(a) Inspection Requirement – A fire safety inspection shall be conducted by the Chief, BFP or his duly
authorized representative as prerequisite to the grants of permits and/or licenses by local governments
and other government agencies concerned, for the:
(1) Use or occupancy of buildings, structures, facilities or their premises including the installation or fire
protection and fire safety equipment, and electrical system in any building structure or facility; and
(2) Storage, handling and/or use of explosives or of combustible, flammable, toxic and other hazardous
materials;
(b) Safety Measures for Hazardous Materials – Fire safety measures shall be required for the
manufacture, storage, handling and/or use of hazardous materials involving:
(1) cellulose nitrate plastic of any kind;
(2) combustible fibers;
(3) cellular materials such as foam, rubber, sponge rubber and plastic foam;
(4) flammable and combustible liquids or gases of any classification;
(5) flammable paints, varnishes, stains and organic coatings;
(6) high-piled or widely spread combustible stock;
(7) metallic magnesium in any form;
(8) corrosive liquids, oxidizing materials, organic peroxide, nitromethane, ammonium nitrate, or any
amount of highly toxic, pyrophoric, hypergolic, or cryogenic materials or poisonous gases as well as
material compounds which when exposed to heat or flame become a fire conductor, or generate
excessive smoke or toxic gases;
(9) blasting agents, explosives and special industrial explosive materials, blasting caps, black powder,
liquid nitro-glycerine, dynamite, nitro cellulose, fulminates of any kind, and plastic explosives containing
ammonium salt or chlorate;
(10) fireworks materials of any kind or form;
(11) matches in commercial quantities;
(12) hot ashes, live coals and embers;
(13) mineral, vegetable or animal oils and other derivatives/by products;
(14) combustible waste materials for recycling or resale;
(15) explosive dusts and vapors; and
(16) agriculture, forest, marine or mineral products which may undergo spontaneous combustion.
(17) any other substance with potential to cause harm to persons, property or the environment because
of one or more of the following:
a) The chemical properties of the substance;
b) The physical properties of the substance;
c) The biological properties of the substance. Without limiting the definition of hazardous material, all
dangerous goods, combustible liquids and chemicals are hazardous materials.
(c) Safety Measures for Hazardous Operation/Processes – Fire Safety measures shall be required for the
following hazardous operation/processes:
(1) welding or soldering;
(2) industrial baking and drying;
(3) waste disposal;
(4) pressurized/forced-draft burning equipment;
(5) smelting and forging;
(6) motion picture projection using electrical arc lamps;
(7) refining, distillation and solvent extraction; and
(8) such other operations or processes as may hereafter be prescribed in the Rules and Regulations.
(d) Provision on Fire Safety Construction, Protective and Warning System – Owners, occupants or
administrator or buildings, structures and their premises or facilities, except such other buildings or
structures as may be exempted in the rules and regulations to be promulgated under Section 5 hereof,
shall incorporate and provide therein fire safety construction, protective and warning system, and shall
develop and implement fire safety programs, to wit:
(1) Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe systems and
other fire fighting equipment;
(2) Fire Alarm systems;
(3) Fire walls to separate adjoining buildings, or warehouses and storage areas from other occupancies
in the same building;
(4) Provisions for confining the fire at its source such as fire resistive floors and walls extending up to the
next floor slab or roof, curtain boards and other fire containing or stopping components;
(5) Termination of all exits in an area affording safe passage to a public way or safe dispersal area;
(6) Stairway, vertical shafts, horizontal exits and other means of egress sealed from smoke and heat;
(7) A fire exit plan for each floor of the building showing the routes from each other room to appropriate
exits, displayed prominently on the door of such room;
(8) Self-closing fire resistive doors leading to corridors;
(9) Fire dampers in centralized airconditioning ducts;
(10) Roof vents for use by fire fighters; and
(11) Properly marked and lighted exits with provision for emergency lights to adequately illuminate exit
ways in case of power failure.
SECTION 8. Prohibited Acts. – The following are declared as prohibited act and omission.
(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 buildings components and yards which obstruct the
orderly and easy passage of fire fighting 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 fire fighting equipment of the fire service other than for fire fighting 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;
(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.
SECTION 9. Violation, Penalties and Abatement of Fire Hazard. – Fire hazards shall be abated
immediately. The Chief, BFP or his/her duly authorized representative, upon the report that a violation
of this Code or other pertinent laws, rules and regulations is being committed, shall issue notice/order to
comply to the owner, administrator, occupant or other person responsible for the condition of the
building or structure, indicating among other things, the period within which compliance shall be
effected, which shall be within ten (10) to fifteen (15) days after the receipt of the notice/order,
depending on the reasonableness to adequately comply with the same.
If, after the lapse of the aforesaid period, the owner, administrator, occupant or other responsible
person failed to comply, the Chief, BFP or his/her authorized representative shall put up a sign in front
of the building or structure that it is 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 person responsible for the condition of the building, structure
and their premises or facilities abate the same, but such period shall not exceed fifteen (15) days from
the lapse of the initial period given in the notice/order to comply.
Finally, with the failure of the owner, administrator, occupant or other person responsible for the
condition of the building, structure and their premises or facilities to comply within the period specified
above, the Chief, BFP may issue order for such abatement. If the owner, administrator or occupant of
buildings, structure and their premises or facilities does not abate the same within the period fixed in
said order, the building, structure, premises or facilities shall be ordered closed by the Chief, BFP or
his/her duly authorized representative notwithstanding any permit clearance or certificate earlier issued
by the local authorities.
Any building or structure assessed and declared by the chief, BFP or his/her duly authorized
representative as a firetrap on account of the gravity or palpability of the violation or is causing clear
and present imminent fire danger to adjoining establishments and habitations shall be declared a public
nuisance, as defined in the Civil Code of the Philippines in a notice to be issued to the owner,
administrator, occupant or other person responsible for the condition of the building, structure and
their premises or facilities. 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 (P100,000.00), the owner, administrator or
occupant thereof shall abate the hazard within fifteen (15) days, or if the assessed value is more than
One hundred thousand pesos (P100,000.00), within thirty (30) days from receipt of the order declaring
said building or structure a public nuisance; otherwise, the Chief, BFP or his/her duly authorized
representative shall forthwith cause its summary abatement. failure to comply within five (5) days from
the receipt of the notice shall cause the Chief, BFP or his/her duly authorized representative 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 until the owner, administrator,
occupant or other person responsible for the condition of the building, structure and their premises or
facilities abate the same within the specified period.
Summary abatement as used herein shall mean all corrective measures undertaken to abate hazards
which shall include, but not limited to remodeling, repairing, strengthening, reconstructing, removal and
demolition, either partial or total, of the building or structure. The expenses incurred by the government
for such summary Page 11 of 16 abatement shall be borne by the owner, administrator or occupant.
These expenses shall constitute a prior lien upon such property.
SECTION 10. Enforcement of The Lien. – If the owner, administrator or occupant fails to reimburse the
government of the expenses incurred in the summary abatement within ninety (90) days from the
completion of such abatement, the building or structure shall be sold at public auction in accordance
with existing laws and rules. No property subject of lien under Section 9 hereof, may be sold at a price
lower than the abatement expenses incurred by the government. The property shall be forfeited in favor
of the government if the highest bid is not at least equal to the abatement expenses.
SECTION 11. Penalties. –
(1) Against the private individual:
(a) Administrative fine – Any person who violates any provision of the Fire Code or any of the rules and
regulations promulgated under this Act shall be penalized by an administrative fine of not exceeding
Fifty thousand (P50,000.00) pesos or in the proper case, by stoppage of operations or by closure of such
buildings, structures and their premises or facilities which do not comply with the requirements or by
both such administrative fine and closure/stoppage of operation to be imposed by the Chief, BFP.
Provided, That the payment of the fine, stoppage of operations and/or closure of such buildings,
structures, and their premises or facilities shall not absolve the violator from correcting the deficiency or
abating the fire hazard. The decision of the Chief, BFP, under this subsection, may be appealed to the
Secretary of the Interior and Local Government. Unless ordered by the Secretary of the Interior and
Local Government the appeal shall not stay the execution of the order of the Chief, BFP. The decision of
the Secretary of the Interior and Local Government shall be final and executory.
(b) Punitive – In case of willful failure to correct the deficiency or abate the fire hazard as provided in the
preceding subsection, the violator shall, upon conviction, be punished by imprisonment of not less than
six (6) months nor more than six (6) years, or by a fine of not more than One hundred thousand
(P100,000.00) pesos or both such fine and imprisonment; Provided, however, that in case of a
corporation, firm, partnership or association, the fine and/or imprisonment shall be imposed upon its
officials responsible for such violation, and in case the guilty party is an alien, in addition to the penalties
herein prescribed, he shall immediately be deported; Provided, finally, that were the violation is
attended by injury, loss of life and/or damage to property, the violator shall be proceeded against under
the applicable provisions of the Revised Penal Code.
Any person who, without authority, maliciously removes the sign that a building or structure is a fire
hazard/firetrap placed by the authorized person in this Code shall be liable for imprisonment for thirty
(30) days or a fine not exceeding One hundred thousand pesos (P100,000.00) or both in the discretion of
the court.
Any person, who disobeys the lawful order of the fire ground commander during a firefighting operation
shall be penalized with imprisonment of one (1) day to thirty (30) days and a fine of five thousand pesos
(P5,000.00).
(2) Against the public officer/employee
(a) Administrative – The following acts or omissions shall render the public officer/employee in charge
of the enforcement of this Code, its implementing rules and regulation and other pertinent laws,
administratively liable, and shall be punished by reprimand, suspension or removal in the discretion of
the disciplining authority, depending on the gravity of the offense and without prejudice to the
provisions of other applicable laws:
(1) Unjustified failure of the public officer/employee to conduct inspection of buildings or structures at
least once a year;
(2) Deliberate failure to put up a sign in front of the building or structure within his/her area of
responsibility found to be violating this Code, its implementing rules and regulations and other pertinent
laws, that the same is a "FIRE HAZARD" or a "FIRETRAP";
(3) Endorsing to the Chief, BFP or his/her duly authorized representative for the certification, or
submitting a report that the building or structure complies with the standards set by this Code, its
implementing rules or regulations or other pertinent laws when the same is contrary to fact;
(4) Issuance or renewal of occupancy or business permit without the fire safety inspection certificate
issued by the Chief, BFP or his/her duly authorized representative;
(5) Failure to cancel the occupancy or business permit after the owner, administrator, occupant or other
person responsible for the condition of the building, structure and other premises failed to comply with
the notice/order for compliance with the standards set by this Code, its implementing rules and
regulations and other pertinent laws, within the specified period;
(6) Failure to abate a public nuisance within fifteen (15) days after the owner, administrator, occupant or
other responsible person failed to abate the same within the period contained in the notice to abate; (7)
Abusing his/her authority in the performance of his/her duty through acts of corruption and other
unethical practices; or
(8) Other willful impropriety or gross negligence in the performance of his/her duty as provided in this
act or its implementing rules and regulations.
(b) Punitive – In the case of willful violation involving the abovementioned acts or omissions
enumerated under Section 11 subparagraph 2(A) the public officer/employees shall, upon conviction, be
punished by imprisonment of not less than Page 13 of 16 six (6) months nor more than six (6) years or by
a fine of not more than One hundred thousand (P100,000.00) or both such fine and imprisonment:
Provided, That where the violation is attended by injury, loss of life and/or property, the violator shall be
proceeded against under the applicable provisions of the Revised Penal Code.
Section 12. Appropriation and Sources of Income. –
(a) To support the manpower, infrastructure and equipment needs of the fire service of the BFP, such
amount as may be necessary to attain the objectives of the Fire Code shall be appropriated and included
in the annual appropriation of the BFP.
(b) To partially provide for the funding of the fire service the following taxes and fees which shall accrue
to the General Fund of the National Government, are hereby imposed:
(1) Fees to be charged for the issuance of certificates, permits and licenses as provided for in
Section 7 (a) hereof;
(2) One-tenth of one per centum (0.1%) of the verified estimated value of buildings or structures
to be erected, from the owner thereof, but not to exceed fifty thousand (P50,000.00) pesos, one half to
be paid prior to the issuance of the building permit, and the balance, after final inspection and prior to
the issuance of the use and occupancy permit;
(3) One-hundredth of one per centum (0.10%) 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;
(4) 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;
(5) 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
(6) 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.
SECTION 13. Collection of Taxes, Fees and Fines. – All taxes, fees and fines provided in this Code, shall
be collected by the BFP. Provided, That twenty percent (20%) of such collection shall be set aside and
retained for use by the city or municipal government concerned, which shall appropriate the same
exclusive for the use of the operation and maintenance of its local fire station, including the construction
and repair Page 14 of 16 of fire station: Provided, further, That the remaining eighty (80%) shall be
remitted to the National Treasury under a trust fund assigned for the modernization of the BFP.
SECTION 13-A. Assessment of Fire Code Taxes, Fees and Fines. – The assessment of fire code taxes, fees
and fines is vested upon the BFP. The BFP shall, subject to the approval of the DILG, prescribe the
procedural rules for such purpose.
SECTION 13-B. Collection and Assessment of Local Taxes, Fees and Fines. – The collection and
assessment of taxes, fees and fines as prescribed in the Local Government Code, except those contained
in this Code, shall be function of the concerned local government units.
SECTION 13-C. Use of Income Generated from the Enforcement of the Fire Code. – The Chief, BFP is
authorized, subject to the approval of the 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 facilites of the Bureau of Fire Protection and abatement of fire hazards. The
BFP shall determine the optimal number of equipment, including, but not limited to, fire trucks and fire
hydrants, required by every local government unit for the proper delivery of fire protection services in
its jurisdiction. In the procurement of fire fighting and investigation supplies and materials, the Bureau
of Product Standards of the Department of Trade and Industry shall evaluate, determine and certify if
the supply to procured conforms to the product standards fixed by the BFP. For this purpose, the BFP
shall submit to the Bureau of Product Standards a detailed set of product standards that must be
complied with in the procurement of fire fighting and investigation supplies and materials within six (6)
months from the effectivity of this act.
SECTION 13-D. Monitoring the Implementation of the Fire Code and the Amount of the Fees Collected.
– The Chief, BFP shall, within six (6) month from the effectivity of this Code, submit to the Secretary of
the Interior and Local Government for his/her approval, a management tool or mechanism that would
ensure effective monitoring of the enforcement of the Fire Code to include the amount of Fire Code fees
collected.
Section 14. Within sixty (60) days from the effectivity of this Act, the Secretary of the Interior and Local
Government shall issue the rules and regulations for its effective implementation.
Section 15. Presidential Decree No. 1185 is hereby repealed. All laws, presidential decrees, letters of
instructions, executive orders, rules and regulations insofar as they are inconsistent with this Act, are
hereby repealed or amended as the case may be.
Section 16. In case any provision of this Act or any portion thereof is declared unconstitutional by a
competent court, other provisions shall not be affected thereby.
Section 17. This Act shall take effect fifteen (15) days after its publication in the Official Gazette or in two
(2) national newspapers of general circulation.

FIRE SAFETY RELATED CODES, NFPA LAWS AND BFP

ISSUANCES
RULE 1940
FIRE PROTECTION AND CONTROL
1941:General Provisions:
(1) All buildings for occupancy used shall be located in areas provided for by applicable zoning
regulations of the locality.
(2) Specific standards in design and construction, occupancy and use of buildings and facilities shall be
those prescribed by the Building Code of the Philippines.
(3) Fire tests of building materials and fire protection equipment used in any place of employment shall
be those provided for the Fire Code of the Philippines.
(4) Standards for the design and installation of Indoor, outdoor general storage, sprinkler system and
fire protection system shall be those provided for by Chapter 9 of the Philippine Society of Mechanical
Engineers (PSME) Code.
1942: Definitions:
When used in this Rule, the following unless otherwise indicated, shall mean:
(1) “Fire-Rating” – the time duration that a material shall withstand a standard fire exposure test.
(2) “Flash Point” – the minimum temperature in degrees at which material will. give off flammable
vapor.
(3) “Wood-frame Construction” – a construction in which wooden frame-work forms the structural
support for enclosure walls, floors, and doors.
(4) “Slow burning Construction” – construction consisting of substantial masonry walls and heavy timber
interior.
(5) “Fire-resistant Construction” – construction in which all walls, partitions, floors, stairs, roofs, window
frames and sashes, doors and other interior finish, consist of fire resistant materials designed to
withstand, without collapse during burning of the contents of the building for a specified time.
1943: Building Construction and Facilities:
1943.01: Types of Building Constructions:
(1) The height of buildings used as places of employment shall be as provided in Table 45a.
(2) Existing buildings not in conformity with Table 45a shall be given five years to comply with the
Standards.
(3) The number of stories provided in Table 45a may be increased by two if approved automatic
sprinkler protection is provided. This provision may be applicable to existing buildings if the discrepancy
is only in the number of stories.
1943.02: Segregation:
Processes involving serious explosions and flash-fire hazards shall be located in segregated buildings and
only a. minimum number of workers required in the process shall be allowed inside at any given time.
1943.03: Exits:
(1) At least two exits shall be provided in every floor and basement of every workplace capable of
clearing the work area in five (5) minutes.
(2) Additional exits shall be provided if the travel distance from any occupied space in a high hazard
occupancy exceeds twenty-three (23) meters.
(3) In moderate or low-hazard occupancy, the travel distance shall not be more than thirty-one (3 1)
meters for industrial establishments, sixty-one (6 1) meters for business establishments and thirty and
one-half (30.5) meters for mercantile and commercial establishments.
(4) If approved automatic-sprinkler protection is installed, the travel distance in high hazard occupancy
may be increased to twenty-five (25) meters and for moderate or low-hazard occupancy may be
increased to forty-six (46) meters.
(5) The width of the exits shall be computed by dividing the total occupants of a floor or a storey
(maximum allowable) by sixty (60) in industrial and commercial establishments by forty-five (45) in
service establishments, and by seventy-five (75) in places of assembly and the quotient multiplied by
fifty-five (55) to get the width of the exit in centimeters.
(6) On every floor, except the ground floor, one of the exits shall lead to an inside stairway or a smoke-
proof tower, while the other exits shall lead to inside stairways, smoke-proof towers or horizontal exits.
(7) Slide escapes may be considered as exits in buildings housing high hazard occupancies but these shall
not constitute more than twenty-five (25) percent of the total number of the required means of egress.
(8) Safe, continuous and unobstructed passageways with a minimum width of at least one meter, but
not less than the width of the exist, shall be provided and maintained.
(9) No steps or stairs shall be used in horizontal exits. When there is a difference in level between
cemented floor areas, ramps or inclines of not more than one to ten (1 to 10) slopes shall be installed.
(10) The construction of the exits, including stairs and means of illumination, shall be in accordance with
the provisions of the Building Code and the Electrical Code of the Philippines. In the absence of such
provisions, the Fire Code of the Philippines shall apply.
1943.04: Stairways:
(1) Stairs, platforms, stairways and landings in buildings of any type of construction over three (3) stories
in height used as fire exits shall be constructed of incombustible materials.
(2) Building over three (3) stories in height of non-fire resistant construction and with roofs having a
slope of less than 1 in 4, at least one stairway shall extend through the roof.
(3) All stairways used as fire exits shall lead directly to the street or through fire resistant passages with a
width of at least equal to the aggregate width of all exits discharging through such passages.
(4) All approaches to fire exits shall be cleared of any obstruction and properly marked to make the
direction of egress clear.
1943.05: Fire Doors:
(1) Stairway enclosures, fire exits and partitions shall be provided with fire doors of the self-closing type
and easily opened from either side towards the line of travel in leaving the building except the last floor
which should open away from the exit.
(2) Doors giving access to stairways shall not open directly on stairs, but shall open on landings leaving a
path of travel equal to at least the width of the door at any point during its swing.
(3) Doors swinging on both sides, vertical-sliding doors, rolling shutters and revolving doors shall not be
allowed as exits.
(4) Where for practical reasons swinging doors are not suitable, horizontal sliding doors may be used.
(5) Doors from stairways to the outside of the building shall have a width equal to at least the effective
width of the stairs.
(6) Doors leading into or out of any building or floor shall not be locked or fastened during period of
occupancy.
1943.06: Installation of Facilities:
Installation of building facilities like hot water pipes, chimneys, or heat producing appliances shall be ad
provided in this Standards.
1943.07: Storage:
(1) Significant quantities of commodities with fire hazards greater than ordinary combustible
commodities shall be separated from the main bulk by fire walls.
(2) Commodities which may be hazardous when combined with each other shall be stored separately to
prevent contact with each other.
(3) Water absorbed during fire fighting operations shall be considered in the determination of safe floor
loads.
1944: Fire-Fighting Facilities:
1944.01: General Requirements:
(1) Portable installations, vehicles, except those for public utility, are subject to the provisions of this
Standards.
1944.02: Water Supply:
(1) Where connection from a public water supply system is not available, an adequate private water
supply reservoir capable of supplying all fire fighting systems for eight (8)hours shall be provided.
(2) Supply system, including tanks or reservoirs and pumps, shall be located and protected that their
operation or use will not be impaired by a fire in the workplace.
1944.03: Hydrants:
(1) Hydrants shall be of the same types and sizes as those used by the local public fire department and
located or protected that they will not be exposed to mechanical damage from vehicles.
1944.04: Hose:
(1) Hose couplings, outside hydrants or standing nipples shall be of the same type and size as those used
by the local public fire department.
(2) Hose shall be thoroughly drained and dried after each use, and tested at frequent intervals or at least
once every four (4) months.
1944.05: Portable Extinguisher:
(1) General Requirement
a. all places of employment, including those where automatic-sprinkler protection system is installed,
shall be provided with portable fire extinguishers for protection against incipient fires;
b. portable extinguishers shall be maintained in fully charged and operable condition and kept in their
designated places at all times when not in use;
c. approved fire extinguishers shall be used;
d. extinguishers shall be installed on hangers or brackets conspicuously located in unobstructed areas
readily accessible in the event of fire;
e. extinguishers having group weight not exceeding 18 kilograms shall be installed so that the top is not
more than 1.5 meter above the floor. Those exceeding 18 kgs., except wheeled types, shall be installed
not more than I m. above the floor.
f. extinguishers shall be inspected monthly or at more frequent intervals when circumstances require to
ensure they are in their designated places, to determine physical damages and that they are in good
operable condition;
g. at regular intervals of not more than one year, or when specifically indicated by an inspection,
extinguishers shall be thoroughly examined, recharged or repaired; and
h. on the place where extinguishers are located, the type and use of the extinguishers and instructions
on its proper use shall be marked in visible and easily readable letters.
(2) Selection of Extinguishers:
Extinguishers shall be selected for the specific class or classes or hazards to be protected against in
accordance with the following:
a. Extinguishers for Class “A” hazards, such as wood, cloth, paper, rubber and other similar ordinary
materials, shall be selected from foam, loaded stream, multipurpose dry chemical and water types;
b. Extinguishers for Class “B” hazards, fires in flammable liquids, gases and greases, shall be selected
from carbon dioxide, dry chemical, foam, loaded stream and multipurpose dry chemical;
c. Extinguishers for Class “C” hazards, fires which involve energized electrical equipment where the
electrical non-conductivity of the extinguishing media if of importance, shall be selected from carbon
dioxide, dry chemicals, and multi-purpose dry chemicals;
When the electrical energy is disconnected. Class “C” fire may be treated as either Class “A” or Class “B”;
d. Extinguishers for protection of Class “D” hazards fire in combustible metals, such as magnesium,
titanium, zirconium, sodium and potassium, shall be of types approved for use on the specific
combustible metal hazard. Only suitable dry powder extinguishers shall be used for metal fires;
e. Toxic vaporizing extinguisher is not recommended for any type of fire;
f. Extinguishers which need to be inverted to operate are not recommended for use;
g. Soda acid fire extinguishers are not recommended for use.
(3) Distribution of fire extinguishers:
a. Extinguishers for light hazards Class “A” fires, where the amount of combustible or flammable
materials present are of such quantity that fires of small size may be expected in offices, schoolrooms,
churches, assembly halls and other similar places shall be located that a person will not travel more than
thirty (30) meters from any point to reach the nearest extinguisher. One (1) unit of five to six (5 to 6)
quarts (1 114 to 1 1/2 gal.) foam extinguisher for every 250 sq. meters (2,500 sq. ft.) of floor area or a
greater fraction thereof shall be provided;
b. Extinguishers for ordinary hazards Class “A” fires, where the amount of combustible of flammable
material present are such that fires of moderate size may be expected in mercantile storage and displays
auto showrooms, parking garages, light manufacturing warehouses not classified as extra hazard, school
shops and other similar places shall be provided and located that a person will not travel for more than
fifteen (15) meters from any point to reach the nearest extinguishing capacity for every 125 sq. meters
of floor area or a greater fraction thereof;
c. Extinguishers for extra hazard Class “B” fires, where the amount of combustible or flammable
materials present is such that fires of severe magnitude may be expected in woodworking auto repair,
air craft servicing, warehouses with high piled (5 meters or over) combustible processes, such as
flammable liquid handling, painting and other similar areas shall be provided with a 2.7 kgs. dry chemical
for every sixty (60) sq. meters of floor area or a greater fraction thereof;
d. For deep-layer flammable liquid Class “B” fires in deep or quench tanks, at least one numerical unit of
extinguishing potential shall be provided for every sixty (60) sq. meters of floor area or a greater fraction
thereof. The travel distance to reach the nearest extinguisher shall not be more than fifteen (15) meters.
Multiple smaller extinguishers shall not be used in lieu of larger units required;
e. Extinguishers suitable for Class “B” fires are not acceptable in lieu of the required extinguishers for
Class “A” fires unless it has also a Class “A” rating. An extinguisher carrying both Class “A” and “B”
ratings may be accepted for area requirements under each individual letter classification and at the
numerical rating for that class;
f. Extinguishers with Class “C” rating shall be required where energized electrical equipment may be
encountered. The size and location shall be on the basis of the anticipated Class “A” or “B” hazards;
g. Extinguishers shall have a durable tag securely attached to show the maintenance and re-charge data
and containing the signatures of persons performing the service;
h. Extinguishers shall be properly marked to indicate the suitability of the extinguishers for particular
class of fires;
i. Extinguishers shall be hydrostatically tested before use and periodically tested at least once in every
five (5) years or as may be required by the enforcing authority when inspection indicate the need for
such examination.
1945: Flammable and Combustible Liquids:
(1) This requirement shall apply to liquids with a flash point of not more than 93.30C.
(2) Liquids of flash points above 93.3 oC which may assume the characteristic of lower flash points
liquids when heated shall be covered by this provision.
1945.01: Tank Storage:
(1) Tanks used for flammable and combustible liquids shall be built of steel.
(2) Tanks may be built of materials other than steel for underground installation or if required by the
properties of the liquid stored shall be designed to specifications approved for the purpose.
(3) Unlined concrete tanks may be used for storing flammable or combustible liquids having a gravity of
40 degrees or heavier.
(4) Tanks located above ground or inside buildings shall be of non-combustible construction.
1945.02: Design and Fabrication:
(1) The design and specification used in the construction and installation of tanks shall be as provided
under applicable regulations of the American Petroleum Institute and the ASME Boiler and Pressure
Vessels Code, which are adopted for this purpose.
(2) Plans for fabrication and fabrication processes shall be approved and supervised by the Bureau.
1945.03: Installation of Outside Tanks:
(1) Every above ground tank. for the storage of flammable or combustible liquids, except those liquids
operating at pressures not in excess of 2.5 psig. and equipped with emergency venting which will not
permit the pressure to exceed 2.5 psig., shall be located in accordance with Table 45b.
(2) Every above ground tank for the storage of flammable or combustible liquids, except those liquids
with boil over characteristics and unstable or combustible liquids operating at pressures exceeding 2.5
psig. and equipped with emergency venting which will permit pressure to exceed 2.5 psig. shall be
located in accordance with Table 45 c.
(3) Every above ground tank for the storage of flammable or combustible liquids with boil-over
characteristics shall be located in accordance with Table 45 d.
(4) Every above ground tank for the storage of unstable liquids shall be located in accordance with Table
45e.
(5) Reference distances for use in Table 45b-e shall be as provided in Table 45f.
(6) The distance between two storage tanks shall not be less than three (3) ft., except two tanks of
diverse ownership where the Regional Office or authorized representative may substitute the distances
provided in Tables 45b-e on the written request and consent of the owners.
1945.04: Drainage, Dikes and Walls of the Above Ground Tanks:
(1) The area surrounding a tank or group of tanks shall be provided with drainage to prevent the
accidental discharge of liquid to adjoining property or reaching waterways. When the tanks under
consideration do not constitute a hazard to adjoining property, the Regional Office or authorized
representative may waive or suspend this provision.
(2) The volumetric capacity of the drainage shall not be less than the amount of the full liquid content of
the largest tank within the diked area.
1945.05: Installation of Tanks Inside of Buildings:
Tanks shall not be installed inside buildings except service or supply tanks with a capacity of not more
than six (6) gals.
1945.06: Installation of Underground Tanks:
(1) The distance from any part of tanks storing liquids having flash points below 37.770C (100 0 F) to the
nearest wall of a building, basement or pit shall not be less than 30.50 cm. (1 ft.); and the property line,
not less than 91.50 cm. (3 ft.).
(2) The distance from any part of a tank storing liquids having flash points at or above 37.77 0 C (IOO 0
F.) to the nearest wall of a building basement pit or property line shall not be less than 30.50 cm. (1 ft.)
(3) Underground tanks shall be set on firm foundations and surrounded with at least six (6) inches of
non-corrosive inert material well tamped in place. Tanks shall be covered with a minimum of two feet of
earth or four inches reinforced concrete slab on top of one foot of earth.
(4) Vent pipes shall terminate outside of buildings and higher than the fill opening. The size of the vent
shall depend on the filling or withdrawal rate to prevent the pressure in tank to exceed, 2.5 psig.
1945.07: Service Stations:
(1) Tank used in automotive service stations shall be buried as provided in Rule 1945.06 but with at least
six inches thick reinforced concrete slab over one foot of earth.
(2) There shall be only a maximum of three tanks in one service station containing 6,000 gallons per tank
and a total aggregate of 18,000 gallons.
(3) Above ground tanks used in automotive stations shall be as provided in Rule 1945.05.
(4) There shall be no smoking or open flames in the area and the motors of all equipment being fueled
shall be shut off.
1945.08: Processing and Bulk Plants:
All buildings, installations and operations in processing and bulk plants shall be as provided in Rule 1 1
60 and the Philippine Electrical Code.
1945.09: Other Installations:
All other tanks installed not in conformity with this Rule shall reduce their contents to comply with the
distance requirements. Those to be installed shall be with the prior approval of the Department.
1946: Combustible Solids:
1946.01: Nitrate Motion Picture Film:
(1) Nitrate picture film shall be stored or handled in buildings of fire-resistant construction.
(2) All rooms where nitrate motion picture films are stored or handled, except motion picture projection
rooms and film vaults, shall be separated from each other and from all other parts of the building by
partition of suitable stability and fire-resistance. The partitions shall be continuous from the floor to
ceiling and securely anchored to walls, floor and ceiling.
(3) Opening in partitions shall be protected by approved fire door of a type suitable for the purpose.
(4) Rooms in which nitrate motion picture films are handle through which workers pass, shall be
provided with a minimum aisle of 80 cm. (31.24) width.
(5) Explosion vents shall be provided in rooms or vaults used for storing and handling nitrate films.
(6) There shall be at least 3.25 sq. m. of floor area allotted to each worker in every room and not more
than 15 persons shall work at any one time in a room where nitrate film is handled.
(7) Tables and racks used in connection with the handling of film (joining inspection and assembling
tables) shall be non-combustible, or shall be of wood construction with no member less than 3.75 cm.
and kept at least 10 cm. away from any radiator or heating apparatus.
(8) In rooms where nitrate film is stored or handled, artificial illumination shall be restricted to
incandescent or fluorescent electric lights. Light fixture shall be firmly set in place and provided with
guards to avoid mechanical injury.
1946.02: Pyroxylin Plastics:
(1) Buildings used in the fabrication of pyroxylin plastics shall be of fire-resistant materials. However,
budding for factory use may be of non-fire-resistant construction but shall not exceed four stories or 17
meters in height.
(2) All portions of buildings used in whole or in part for the fabrication of pyroxylin plastics shall be
provided with adequate aisle space and have at least two exits remote from each other.
(3) No pyroxylin plastic shall be stored within I meter from steam pipes, chimneys and other heating
apparatus nor within 6 meters from any manufacturing operations. Heating equipment containing
ignition sources shall not be permitted in any room used for storage.
(4) Smoking is prohibited in any establishment handling and storing pyroxylin plastics and conspicuous
“No Smoking’ signs shall be posted in prominent places.
(5) Fire fighting equipment of the right type and number shall be provided.
1946.03: Magnesium:
A. Melting and Casting:
(1) Melting operation shall be done in buildings of non-combustible materials preferably with a high roof
for adequate ventilation.
(2) Pots and crucibles shall be inspected regularly and discarded as soon as there is any evidence of
possible failure. Safety run-off containers shall be provided for melting pots and crucibles.
(3) Ladles, skimmers and sludge pans must be thoroughly predried and not before contacting molten
metal.
(4) Flame-resistant clothing, high foundry shoes, and adequate face protection shall be used by
employees working in melting and casting operations.
B. Rough Finishing and Castings:
(1) Provisions shall be made for the proper removal of dust produced by grinders and for the immediate
quenching of sparks produced. Cuttings from band saws should be swept up at regular intervals to
prevent excessive accumulation in the work area.
(2) Work benches and other equipment shall be non-combustible materials. If wood table tops or other
fixtures of wood or combustible materials are considered necessary, these shall be treated to render
them fire retardant and free from cracks or recesses in which magnesium dust can accumulate.
(3) Operators shall wear caps and hard finished or fire-resistant outer clothing without pockets or cuffs.
C. Heat Treating:
(1) Thermocouples used to operate the temperature devices shall be properly maintained to prevent
overheating,
(2) Furnace should be tested initially and at regular intervals to locate undesirable high temperature
areas.
(3) Furnace shall be properly and tightly constructed. Gas or oil-fired furnaces shall be provided with
combustion safety controls. All furnaces shall have two sets of temperature controls operating
independently, one maintaining the desired temperature and the other for high temperature limit
control.
The high temperature limit control shall be adjusted to operate at a temperature slightly above the
controller. In case the latter fails, the limit switch shall cut off the power preventing ignition of the
magnesium.
(4) Magnesium to be put in a heat-treating furnace should be carefully freed of magnesium turnings,
chips and sawdust.
(5) Magnesium billets, castings and wrought products must not be placed in a heat treating furnace with
wood spacers or other materials below the normal heat treating ranges of magnesium.
(6) Aluminum parts, sheets or separators must not be included in a furnace load of magnesium.
(7) The heat treating temperature cycle recommended by the alloy manufacturer shall be strictly
adhered to.
(8) Molten salts containing nitrates shall not be used for heat treating magnesium alloys.
D. Machining Magnesium:
(1) Tools used for machining shall not be allowed to ride on the metal without cutting.
(2) When holes with depths greater than five times the drill diameter are being drilled in magnesium, a
high helix drill (45) degrees shall be used to prevent the packing of chips causing resultant frictional
heating and possible flash fire in the fine chips.
(3) Machinery used for machining and drilling shall be provided with pans to catch the chips or turnings
so installed that the pans can be readily withdrawn from under the machine in case of fire.
1946.04: Titanium:
(1) Buildings in which reaction chambers and furnaces are used in the processing of titanium, shall be
fire-resistant or of noncombustible materials.
(2) The main building shall have adequate ventilation and doors at more than one location shall be
remote from each other. Dry rooms shall be of fire resistant materials.
(3) Floors in furnace rooms and dry rooms shall be of noncombustible materials, preferably of concrete,
brick or steel plates. Floors shall be slightly crowned or sloped to prevent accumulation of water in the
vicinity of the reactors or furnaces and safety run-offs. shall be provided to direct or contain any spills of
molten metal into safe channels.
B. Storage:
(1) Containers of titanium tetrachloride shall be stored in a cool, well-ventilated dry place away from the
areas of acute fire hazards. Containers shall be labeled plainly and stored carefully to avoid mechanical
injury.
C. Mechanical Equipment:
(1) Furnaces and reaction chambers shall be inspected and checked regularly to detect defects and
leaks. No equipment found to be defective shall be used until the damaged parts are replaced or
repaired and properly tested to ensure safe operation.
(2) Furnace setting must be kept dry and free of iron scales.
(3) Fuel supply lines shall have the control valves at an accessible location remote from the reactors.
(4) Benches, stands, and tables used in furnace rooms where special fire hazards exist shall be of non
combustible materials.
D. Fire Prevention
(1) The process that produces titanium sponge shall be carried out in enclosed oxygen- free containers.
(2) An inert-gas dispensing system shall be installed for processing inert-gas requirement.
(3) All pipes, fittings, and valves in the inert gas-dispensing or distributing system shall be checked to
ensure an uninterrupted flow of gas to the reactors.
(4) All containers used to receive molten metal shall be thoroughly dried before using. All metals added
to melting pots containing molten metal shall be thoroughly pre-dried.
(5) Good housekeeping is essential. Supplies shall be stored in an orderly manner with properly
maintained aisles to permit regular inspection and segregation of incompatible materials.
(6) Ordinary combustible materials such as paper, wood, cartons and packing materials must not be
stored or allowed to accumulate near furnaces or other ready sources of ignition.
(7) Supplies or materials in the reactor building and dry rooms shall be limited to the amount needed for
normal eight-hour operation.
E. Fire Protection:
(1) Only extinguishers of the type developed especially for combustible metal fires shall be used for
controlling and containing small titanium fires.
(2) Portable fire extinguishers of appropriate size and type shall be provided at locations where the
presence of ordinary combustibles constitute the principal hazard.
(3) Where automatic sprinkler protection is provided, a deflecting shield or hood be provided for the
furnaces, reactors or other places where hot or molten may be present.
F. Safety Precautions for Personnel:
(1) Special clothing of the type worn by foundry workers, including high foundry man shoes, shall be
worn by employees engaged in tapping operations at the furnaces in titanium sponge plants. Clothing
shall be fire retardant, easily removable with snap fasteners and without cuffs or pockets. Caps, or
hoods and standard type face protectors shall be worn by workers tapping furnaces. Persons working
with titanium or transferring it into or out of the storage shall wear protective clothing designed to
provided protection against skin contact and of the approved type (it respirators and chemical goggles.
G. Casting:
(1) All titanium furnace crucibles molds shall be designed to avoid the contact of molten metal with
water.
(2) When titanium is being cast, provisions shall be made to retain spilled metal under vacuum or inert
gas protection and contact with water shall be prevented.
(3) As in other casting operations, molds shall be predried and heated to remove volatiles before molten
metal is poured into them.
H. Forging:
(1) Fire protection in forging areas may be of the type generally provided for fires in ordinary
combustibles, electrical or oil fires.
1946.05: Zirconium:
(1) Good housekeeping shall be maintained. Periodic cleaning, collection of dust at the point of
operation and removal of dust and fine scrap from the premises shall be considered important steps in
any fire prevention program.
(2) Machining operation shall be conducted under controlled conditions to prevent dust dispersion and
excessive heating that may lead to ignition of the zirconium.
1947: Electrical Installation:
1947.01: General Requirements:
All electrical installations shall be in accordance with the provisions of Rule 1210.
1947.02: Emergency Systems:
Emergency lighting system shall be provided to automatically light emergency exits in case of failure of
the main electrical power line.
1948: Alarm Systems and Fire Drills:
1948.01: Sounding Devices:
(1) All buildings having two or more stories in height shall be equipped with fire alarm system and
signals of distinctive quality and pitch clearly audible to all persons inside the building.
(2) Hand-operated sending stations of fire alarm boxes shall be provided on every floor and located that
the travel to reach a station is not more than thirty (30) meters for industrial and commercial
establishments with moderate or low hazard occupancy.
(3) Fire-alarm stations shall be conspicuous, readily accessible, and in the natural path of escape from
fire.
(4) Hand operated sending stations of fire alarm boxes shall be provided on every floor and located such
that the travel to reach a station is not more than sixty-one (61) meters for business establishments with
moderate or low hazard occupancy.
1948.02: Fire-fighting Drills:
(1) Every place of employment depending on the magnitude of potential fires and the availability of
assistance from the public fire department shall organize a fire brigade to deal with fires and other
related emergencies.
(2) The members of the fire brigade shall be physically qualified for the job and properly trained on fire-
fighting use of hose, line, ventilation of buildings, salvage operations, rescue operations, first aid, and
other related activities.
1948.03: Fire Exit Drills:
(1) Fire-exit drills shall be conducted at least twice a year year to maintain an orderly evacuation of
buildings, unless the local fire department requires a higher frequency of fire drills.
(2) Fire exit drills shall only include evacuation of persons and shall not include salvage operation.
(3) In buildings where the population is of a changing character, the fire-exit training of the regular
employees shall include the proper procedure to direct other occupants to safety.
(4) Occupants of each department, floor or portion of the building shall be designated a particular place
to assemble outside of the building and in places that will not hamper fire-fighting,
(5) When two or more establishments occupy a budding, fire exit drills shall be planned as if there is only
one (1) establishment.
(6) The organization and the composition of a fire-exit drill committee shall be as provided by the
requirements of the local fire department.
TABLE 45a
OCCUPANCY HAZARDS TYPE OF CONSTRUCTION
LOW MODERATE HIGH
WOOD – FRAME
SLOW – BURNING
FIRE – RESISTANT
3 STORIES
7 STORIES
NO LIMIT
2 STORIES
6 STORIES
NO LIMIT
1 STOREY
4 STORIES
5 STORIES
TABLE 45 b
TYPE OF PROTECTION
MINIMUM DISTANCE IN FEET FROM
PROPERTY LINE UPON WHICH TO
BUILD ON INCLUDING THE OPPOSITE
SIDE OF A PUBLIC WAY
MINIMUM DISTANCE IN FEET FROM
NEAREST SIDE OF ANY PUBLIC WAY
OR NEAREST IMPORTANT BUILDING
AND SHALL NOT BE LESS THAN 5
FEET
Protection for Exposure 1/2 times diameter of tank but need not
exceed 90 feet
1/6 times diameter of tank but need not
exceed 30 feet
Floating Roof None Diameter of tank but need not exceed 175
feet
1/6 times diameter of tank but need not
exceed 30 feet
Approved foam or
inerting system on the
tank
1/2 times diameter of tank but need not
exceed 90 feet and shall not be less than
50 feet
1/6 times diameter of tank but need not
exceed 30 feet
Protection for
Exposures
Diameter of tank but need not exceed 175
feet
1/6 times diameter of tank but need not
exceed 60 feet
Vertical with weak
Roof to Shell Seam
None 2 times diameter of tank but need not
exceed 350 feet
1/6 times diameter of tank but need not
exceed 60 feet
Approved inerting
on the tank system for
foam system
on vertical tanks
approval
1/2 times
Table 45 f but shall not be less than 5 feet
1/2 times
Table 45f
Protection for
Exposures Table 45 f Table 45 f
Horizontal and
Vertical with
Emergency Relief
Venting to Limit
Pressures to 2.5
psig
None 2 timesTable 45 f Table 45 f
TABLE 45 c
TYPE OF
TANK PROTECTION
MINIMUM DISTANCE FROM
PROPERTY LINE UPON WHICH TO
BUILD ON INCLUDING THE
OPPOSITE SIDE OF A PUBLIC WAY
MINIMUM DISTANCE IN FEET FROM
NEAREST SIDE OF ANY PUBLIC
WAY OR NEAREST IMPORTANT
BUILDING
Protection for
Exposure
1 – 1/2 times Table 45 f
shall not be less than 25 feet
1 – 1/2 times Table 45 f
shall not be less than 25 feet
ANY TYPE
None 3 times Table 45 f but shall not be less
than 50 feet
1 – 1/2 times Table 45 f
shall not be less than 25 feet
Table 45 d
TYPE OF
TANK PROTECTION
MINIMUM DISTANCE FROM
PROPERTY LINE UPON WHICH TO
BUILD ON INCLUDING THE
OPPOSITE SIDE OF A PUBLIC WAY
MINIMUM DISTANCE IN FEET
FROM NEAREST SIDE OF ANY
PUBLIC WAY OR NEAREST
IMPORTANT BUILDING
Protection for
Exposure
Diameter of tank but need not exceed
175 feet
1/3 times diameter of tank but need
not exceed 60 feet
Floating Roof
None 2 times diameter of tank but need not
exceed 350 feet
1/3 times diameter of tank but need
not exceed 60 feet
Approved foam of
inerting system
Diameter of tank but need not exceed
175 feet
1/3 times diameter of tank but need
not exceed 60 feet
Protection for
Exposure
2 times diameter of tank but need
not exceed 350 feet
1/3 times diameter of tank but need
not exceed 120 feet Fixed Roof
None 2 times diameter of tank but need
not exceed 350 feet
1/3 times diameter of tank but need
not exceed 120 feet
160?Table 45e
TYPE OF
TANK PROTECTION
MINIMUM DISTANCE FROM
PROPERTY LINE UPON
WHICH TO BUILD ON
INCLUDING THE OPPOSITE
SIDE OF A PUBLIC WAY
MINIMUM DISTANCE IN FEET
FROM NEAREST SIDE OF ANY
PUBLIC WAY OR NEAREST
IMPORTANT BUILDING
Tanks Protected with any
one of the following:
Approved water spray
Approved inerting
Approved insulation and
refrigeration
Approved Barricade
Tabke 4 f but not less not than
25 feet not less not than 25 feet
Protection for Exposure 2 – 1/2 times
Table 45 f but not less than 50 ft. not less than 50 ft.
Horizontal and
Vertical Tanks with
Emergency Relief
Venting to Permit
Pressures but in
excess of 2.5 psig
None 5 times Table 45 f but not less
than 100 ft. not less than 100 ft.
Tanks Protected with any
one of the following:
Approved water spray
Approved inerting
Approved insulation and
refrigeration
Approved Barricade
2 times
Table 45 f but not less than 50 ft. not less than 50 ft.
Horizontal and
Vertical Tanks with
Emergency Relief
Venting to Permit
Pressures over 2.5
psigFixed Roof
Protection for Exposure 4 times Table 45 f but not less
than 100 ft. not less than 100 ft.
TABLE 45 f
CAPACITY TANK
GALLONS
MINIMUM DISTANCE FROM
PROPERTY LINE UPON WHICH TO
BUILD ON INCLUDING THE OPPOSITE
SIDE OF A PUBLIC WAY
MINIMUM DISTANCE IN FEET
FROM NEAREST SIDE OF ANY
PUBLIC WAY OR NEAREST
IMPORTANT BUILDING
275 OR LESS 5 5
276 TO 750 10 5
751 TO 12,000 15 5
12,001 TO 30,000 20 5
30,001 TO 50,000 30 10
50,001 TO 100,000 50 15
100,001 TO 500,000 80 25
500,001 TO 1,000,000 100 35
1,000,001 TO 2,000,000 135 45
2,000,001 TO 3,000,000 165 55
3,000,001 OR OVER 175 60
 (BUILDING CODE, ELECTRICAL CODE)
PHILIPPINE ELECTRICAL CODE ( P E C )
PEC I - Electrical installation inside buildings.
PEC II - Electrical installation outside buildings. *
PEC consists of rules which are intended to make use of electricity safe for person and property.

* Two (2) categories of PEC rules *

1. Mandatory Rules -
characterized by the use of the word “SHALL’’.
2. Advisory Rules -
characterized by the use of the word “SHOULD”
or are stated as recommendations ofthat which is advised but not required.

* OBJECTIVES *
a) Safe Use of Electricity - to establish basic materials quality and electrical work standards for the safe
use of electricity for light, heat, power, communications, signaling and for other purposes.
b) Adequacy - Strict compliance with the provisions of this Code will ensure safety in electrical
installation and construction,
but not necessarily efficient, convenient,
or adequate for good service or future expansion of electrical use.

* The use of PEC is mandated by R.A. 7920 ( formerly R.A. 184 ),

also known as the New Electrical Engineering Law. Likewise,
referral codes are also used which are mandated by their corresponding laws.
1. P.D. 1096 - National Building Code
2. P.D. 1185 - Fire Code of the Philippines

3. Structural Code R.A. 7920 - is an act providing for a more responsive and comprehensive regulation
for the practice, licensing, and registration of electrical engineers and electricians.

* Government Authorities who implement PEC *

1. Office of the Building Official
2. Office of the City Electrician ( City Electrical Supervising Engineer )
3. Office of the Municipal Electrician ( Municipal Electrical Supervising Engineer)

Chapter 15.04
BUILDING CODE*
Sections:
15.04.010 Title.
15.04.020 Codes adopted.
15.04.030 Amendments generally.
15.04.035 Specific amendments and additions to International Building Code and International
Residential Code.
15.04.038 Specific amendments to International Fire Code.
15.04.039 Repealed.
15.04.040 Fees—Building permit and plan review fees.
15.04.042 Building valuation data.
15.04.043 Administration and enforcement.
15.04.044 Certification of plans by architects and engineers.
15.04.045 Plan check fees for identical plans.
15.04.047 Mandatory street address signs.
15.04.050 Prohibitions.
15.04.055 Repealed.
15.04.060 Violations—Penalties.
* Prior ordinance history: Ords. 1025 and 1078.
15.04.010 Title.
This chapter shall be known as the building code of the city of Sedro-Woolley. (Ord. 1776-13 § 1 (part),
2013: Ord. 1680-10 § 1, 2010: Ord. 1477-04 § 1, 2004: Ord. 1154 § 1, 1992)

15.04.020 Codes adopted.

The following codes are hereby adopted by reference, subject to modifications and/or amendments
hereinafter set forth in this chapter:

A. International Building Code, 2012 Edition, published by the International Code Council, together
with all supplements thereto, subject to the modifications set forth by the state of Washington in
Chapter 51-50 WAC; ICC A117.1-2009 accessibility code (ANSI); and Appendix E (Washington State
amendments);

B. International Residential Code, 2012 Edition, except Chapters 11 and 25 through 43, published by
the International Code Council, together with all supplements thereto, and Appendices F, G and R
(Washington State amendments); and subject to the modifications set forth by the state of Washington
in Chapter 51-51 WAC;

C. International Mechanical Code, 2012 Edition, published by the International Code Council, together
with all supplements thereto, and subject to the modifications set forth by the state of Washington in
Chapter 51-52 WAC;

D. Uniform Plumbing Code, 2012 Edition, published by the International Association of Plumbing and
Mechanical Officials, together with all supplements thereto, and subject to the modifications set forth
by the state of Washington in Chapters 51-56 and 51-57 WAC; and Appendices A, B and I; provided, that
Chapters 12 and 15 are not adopted. Provided further, that those requirements of the Uniform
Plumbing Code relating to venting and combustion air of fuel fired appliances as found in Chapter 5 and
those portions of the code addressing building sewers are not adopted (Washington State
amendments);

E. International Fire Code, 2012 Edition, published by the International Code Council, and all
supplements thereto; mandated state amendments, Chapter 51-54 WAC; and Appendices Chapter B,
Chapter C, Chapter E, Chapter F;

F. International Fuel Gas Code, 2012, published by the International Code Council, together with
standards NFPA 58 and NFPA 54;

G. International Existing Building Code, 2012 Edition, including Appendix A;

H. The International Energy Conservation Code, 2012 Edition, for residential and commercial,
published by the International Code Council, and mandated state amendments, per Chapter 51-11R and
Chapter 51-11C WAC;

I. The Washington State Ventilation and Indoor Air Quality Code, 2012 Edition, as set forth in Chapter
51-13 WAC;

J. Installation of factory-built housing and commercial structures, RCW 43.22.460, together with WAC
296-150C-0540, 296-150F-0540 and the installation of manufactured and mobile homes, RCW 43.22.440
and WAC 296-150M-0650;

K. The International Property Maintenance Code, 2012 Edition, published by the International Code
Council, together with all supplements thereto. Insert (6") into Section 302.4.

In case of conflict among the codes numerated in subsections A through K of this section, the first
named code shall govern over those following. (Ord. 1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010:
Ord. 1592-07 § 1, 2007: Ord. 1492-04 § 1, 2004: Ord. 1477-04 § 2, 2004: Ord. 1323-99 § 1, 1999: Ord.
1280-97 § 1, 1997: Ord. 1154 § 2, 1992)

15.04.030 Amendments generally.

Pursuant to authority granted by the Revised Code of Washington under the State Building Code Act,
amendments to the codes adopted in Section 15.04.020, when adopted by the state of Washington and
Building Code Council, are hereby adopted and incorporated by reference, and apply within this
jurisdiction. (Ord. 1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010: Ord. 1592-07 § 2, 2007: Ord. 1477-
04 § 3, 2004: Ord. 1211 § 1, 1994: Ord. 1154 § 3, 1992)

15.04.035 Specific amendments and additions to International Building Code and International
Residential Code.
A. Sections 104.8 of the International Building Code and the International Residential Code, 2012
Editions, are hereby amended to include the additional paragraphs as follows:

This code shall not be construed to relieve from or lessen the responsibility of any person owning,
operating, or controlling any building or structure for any damages to persons or property caused by
defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such
liability by reasons of the inspections authorized by this code or any certificates of occupancy issued
under this code. Enforcement of this code shall not be construed to be for the particular benefit of any
individual person or group of persons, other than the general public. In the event of a conflict between
the intent of this section and any other section or subsection herein, this subsection shall govern insofar
as applicable.

B. Section 105.2 of the International Building Code, 2012 Edition, Building exemption one, shall read as
follows:

One-story detached accessory structures used as sheds, playhouses and similar uses, provided that the
floor area does not exceed 200 square feet.

C. Section 105.2 of the International Residential Code, 2012 Edition, Building exemption ten, shall read
as follows:
Uncovered decks not more than 30 inches above grade.

D. Section 105.2 of the International Building Code, 2012 Edition, is amended to add a building
exemption “14”; and Section 105.2 of the International Residential Code, 2012 Edition, is amended to
add a building exemption “11,” as follows:

Pursuant to WAC 51-50-007 Exceptions, Permits will not be required for the installation or relocation of
framed membrane structures or tent type structures as defined in the International Building Code
Chapter 31, provided that:

(1) The structure is used exclusively for the protection or propagation of plants; and
(2) The structure is located a minimum of 20 feet from any property line or other structure.

E. Section 105.2 of the International Building Code, 2012 Edition, is amended to add a building
exemption “15”; and Section 105.2 of the International Residential Code, 2012 Edition, is amended to
add a building exemption “12,” as follows:

Any project that has a valuation of less than $2,000 as calculated using the method currently adopted by
the City.

F. Section 112.1 of the International Building Code and the International Residential Code, 2012
Editions, are hereby amended to read as follows:

112.1 - General

In order to hear and decide appeals of orders, decisions or determinations made by the building official
relative to the application and interpretation of this code, there shall be and is hereby created a Board
of Appeals consisting of members who are qualified by experience and training to rule upon matters
pertaining to building construction and who are not employees of the City of Sedro-Woolley.

The building official and fire chief shall be ex officio members of said Board but shall have no vote on any
matter before the Board. The Board of Appeals shall be appointed by the mayor and shall hold office at
the mayor’s pleasure. The Board shall render all decisions and findings in writing to the appellant with a
duplicate copy to the building official.

G. Section 3304.1 of the International Building Code, 2012 Edition, is amended to read as follows:

3304.1 - Excavation and fill

All stumps and roots shall be removed from the soil to a depth of at least twelve inches (12") below the
surface of the ground in the area to be occupied by the building.

All wood forms which have been used in placing concrete, if within the ground or between foundation
sills and the ground, shall be removed before a building is occupied or used for any purpose. Before
completion, loose or casual wood shall be removed from direct contact with the ground under the
building.
The finished grade and elevation under the building shall be above the ground drainage flow of the land
around the building to prevent surface or subsurface water from draining to the space under the
building, provided that alternates may be used if shown on the building plans and approved by the
building official, such as drain tile, or exterior drainage of the building, or an approved sump pump
system. At least two percent (2%) gradient toward approved drainage facilities is required from building
walls unless waived by the building official for non-hill terrain. Approved sump pump systems shall in no
case be connected to the sanitary sewer system. Tight-lined downspout and perimeter building drains
may be connected together at a point no closer than 10 feet from a building.

H. Whenever the word “shall” is used in the referenced adopted codes, it is defined to have the
following meanings:

1. With respect to the functions and powers of the chief code official, building official, or any agents
and employees of the city and any board authorized hereunder, a direction and authorization to act in
the exercise of sound discretion and in good faith;

2. With respect to the obligation upon owners and occupants of premises and their agents, a
mandatory requirement to act in compliance with the provisions of the code at the risk of civil and/or
criminal liability upon failure.

I. Appendix E of the International Residential Code, 2012 Edition, is amended to add the following
section to read as follows:

Section AE607 - Local Requirements

1. Mobile homes: before any mobile home or manufactured housing unit is located or placed upon a
lot or parcel, the person desiring to locate or place the mobile home/unit must obtain a building permit
from the building department. Thereafter the building department shall ascertain if the mobile
home/unit meets the requirements of the city zoning code, that the wheels and tongue have been
removed and the proper support is provided.

2. All applicable zoning requirements must be adhered to. No mobile home/unit shall be located or
placed until permits and approvals have been obtained.

3. Mobile homes and manufactured housing not located within a sale lot nor within an approved
mobile home park shall:

a. Consist of at least two fully enclosed parallel sections of each of not less than twelve feet wide by
thirty-six feet long;

b. Be placed on a poured or permanent concrete block perimeter foundation similar to that required
for site-built residential construction;

c. Have a roof which was originally constructed, pitched with a slope no less than 3 inches of rise to 12
inches of run, is constructed as an integral part of the home, and is made of either composition, shakes
or shingles;
d. Have exterior siding similar in appearance to siding materials commonly used on conventional site-
built (per the International Residential Code) single-family residences;

e. Have the tongue removed if designed to allow removal;

f. Have a minimum of eighteen inches crawl space;

g. Have permanent steps affixed to all exits; and

h. Be approved by and bear the insignia of the U.S. Department of Housing and Urban Development.

4. Mobile homes and manufactured housing within approved mobile home parks shall:

a. Be placed on a permanent foundation or footings and piers and meet all manufacturer’s
specifications for support;

b. Be securely tied down in accordance with the manufacturer’s specifications or those of a licensed
architect or engineer;

c. Have the tongue removed;

d. Maintain a minimum of eighteen inches crawl space under the entire mobile home;

e. Have permanent steps affixed to all exits;

f. Be approved by and bear the insignia of the U.S. Department of Housing and Urban Development;

g. Have a securely attached exterior skirting material consisting of concrete, masonry, or pressure
treated wood, or vinyl siding that extends around the entire mobile home between the ground and the
outer bottom portion of the dwelling;

h. Have a finished exterior consisting of a composition roof and wood or wood-type siding;

i. Have a minimum floor area of 500 square feet; and

j. Have a minimum width of not less than 14 feet.

(Ord. 1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010: Ord. 1592-07 § 3, 2007: Ord. 1477-04 § 4, 2004)

15.04.038 Specific amendments to International Fire Code.

Pursuant to authority granted by the Revised Code of Washington under the State Building Code Act, the
following amendments to the International Fire Code are hereby adopted and apply within this
jurisdiction.

A. Appeals, to read as follows:

In order to determine the suitability of alternate materials and type of construction and to provide for
reasonable interpretations of the provisions of this code, there shall be and hereby is created a Board of
Appeals. This Board shall consist of the same membership as the Building Code Board of Appeals. The
Fire Chief and Building Official shall be Ex-Officio members. The Board shall adopt reasonable rules and
regulations for conducting its investigations and shall render all decisions and findings in writing to the
Fire Chief and Building Official with a duplicate copy to the applicant.

B. Authority for Inspection and Enforcement, to read as follows:

The Fire Chief is authorized to administer this code. Under the Fire Chief’s direction, the Fire
Department is authorized to enforce all ordinances of the jurisdiction pertaining to:

(i) The prevention of fires.

(ii) The storage, use and handling of hazardous materials.

(iii) The installation and maintenance of automatic, manual and other private fire alarm systems and
fire extinguishing equipment.

(iv) The maintenance and regulation of fire escapes.

(v) The maintenance of exits.

(vi) The investigation of the cause, origin and circumstances of fires which are of unknown suspicious
or incendiary origin.

C. Definitions and Abbreviations, to read as follows:

Chief—the terms “Chief,” or “Chief of the Bureau of Fire Protection,” or “Fire Chief” shall mean the
Sedro-Woolley Fire Chief, when used in the International Fire Code.

Jurisdiction—Jurisdiction shall mean City of Sedro-Woolley.

Municipality—Municipality shall be added to this section to mean City of Sedro-Woolley.

D. Fire Department Access, to read as follows:

Required Access. Fire apparatus access roads shall be provided for every facility, building or portion of a
building hereafter constructed or moved into or within the jurisdiction when the facility is in excess of
one hundred fifty feet (150') from fire apparatus access.

1. Driveways. Roads serving one (1) or two (2) Residential lots.

a. Driveways where building is less than one-hundred fifty feet (150') from approved access road have
no specific requirements.

b. Driveway over one-hundred fifty feet (150') long serving one (1) or two (2) residential lots.

i. Width—twelve foot (12') driving surface with turnouts located every three-hundred feet (300') when
required by the Fire Marshal. To create a turnout, the road shall be widened to twenty feet (20') in the
direction of travel for a distance of not less than thirty feet (30') to allow vehicles to pull over and allow
emergency vehicles to proceed.

ii. Vertical clearance—thirteen foot (13') six inches (6") unobstructed head clearance.

iii. Surface—short plat standard—six inches (6") of gravel.

iv. Turning radius for turns along the length of driveway—fifty feet (50') outside radius. (Note: This is
not a cul-de-sac standard.)

v. An acceptable means of turning around a fire apparatus must be provided. This does not necessarily
require a cul-de-sac for a driveway serving one or two residential lots: Means of turning apparatus must
be acceptable to the Fire Marshal.

vi. Bridges—must meet Sedro-Woolley Public Works Standards as approved by the City Engineer.

vii. Grade—land division standard—twelve percent (12%) gravel or fourteen percent (14%) paved.

2. Fire Department Vehicle Access Roads. Roads serving other than one or two single family residential
lots.

a. Width—twenty foot (20') driving surface.

b. Vertical clearance—thirteen foot (13') six inches (6") unobstructed overhead clearance.

c. Surface—short plat standard—six inches (6") of gravel.

d. Turning radius—fifty feet (50') outside radius.

e. Turnarounds—seventy foot (70') cul-de-sac or as approved by Fire Marshal.

f. Bridges—must meet Sedro-Woolley Public Works Standards. (See Public Works).

g. Grade—land division standard—twelve percent (12%) gravel or fourteen percent (14%) paved.

3. These standards apply to all building permits and are minimum for building permit purposes. City
zoning, development, and public works construction standards may exceed these standards, and these
standards are in no way intended to eliminate the need for full compliance with land division, zoning
and public works construction standards requirements.

4. The Fire Chief may make modifications in these standards if the road is not buildable because of
topography, waterways, non-negotiable grades, or similar conditions. These modifications are based on:

a. The building being protected by NFPA 13D Automatic Sprinkler Systems.

b. Additional fire protection as required by the Fire Chief.

c. Exceptions may be made for minor additions or small accessory buildings to existing dwellings when
in the opinion of the Fire Marshal the addition or accessory building will not create significantly more
dangerous situations.

5. For roads accepted or platted or short platted roads by Skagit County prior to June 11, 1990 and
subsequently annexed into the City, these standards may be modified by the Fire Marshal provided that,
in his opinion, fire fighting or rescue operations would still be possible.

E. Regulations Applicable to Existing Buildings, Life Safety Requirements for Existing Buildings Other
Than High Rise; to read as follows:

1. General. The purpose of this appendix as amended is to provide a reasonable degree of safety to
persons occupying existing buildings that do not conform with the minimum requirements of this code
by providing for alterations to such buildings which are identified to the Sedro-Woolley Fire Chief by
either investigation by the Fire Chief or by a signed complaint from any member of the general public
stating specifically why they believe a building does not provide such a reasonable degree of safety.

F. Fire Flow Requirements for Buildings.

1. Section 3—Modifications.

Section 3.1 Decreases. Fire flow requirements may be modified downward by the Sedro-Woolley Fire
Chief for isolated buildings or a group of buildings in rural areas or small communities where
development of full fire flow requirements is impractical. The Fire Chief may be guided by written
procedures entitled “Sedro-Woolley Fire Department Procedures Concerning Fire Flow and Placement of
Fire Hydrants” in making this determination.

Section 3.3 Buildings That May Not Require Fire Flow. When in the opinion of the Fire Chief a proposed
building meets the criteria stated in the “Skagit County Fire Marshal Procedures Concerning Fire Flow
and Placement of Fire Hydrants” a permit may be issued without meeting the requirements for fire flow
for the following:

(i) Agricultural buildings.

(ii) Buildings exempt by Board of Appeals Precedent.

G. Fire Hydrant Locations and Distributions. Footnote 3 shall be amended to read as follows:

Where new water mains are upgraded or extended along streets or roads where hydrants are not
otherwise required, hydrants shall be installed for filling tanker trucks at major roadway intersections
wherever possible, and the distance between hydrants shall not exceed one mile.

(Ord. 1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010: Ord. 1477-04 § 5, 2004)

15.04.039 Amendments.
Repealed by Ord. 1680-10. (Ord. 1477-04 § 6, 2004)

15.04.040 Fees—Building permit and plan review fees.

A. General. Fees shall be assessed in accordance with the provisions of this section.

B. Fees shall be assessed as designated in the current city of Sedro-Woolley building, planning and
engineering fee schedule, as adopted by resolution of the city council and on file with the city clerk.

C. Plan Review Fees. The applicant shall pay the plan review fee at the time of submitting a building
permit application.

D. Building Permit Fees. The applicant shall pay the building permit fee prior to the building
department issuing the building permit.

E. A building permit is required before any mobile home can be placed in the city.

F. Payment of Permit Fees. Upon notification by the city that a permit application has been approved,
the applicant shall submit payment to the city for all permit fees for which approval has been received
prior to permit application expiration. All permit applications shall expire six months from the date the
application was submitted. Notification shall be given by any means reasonably calculated by the city to
provide the applicant with notice that the applicant’s permit may be issued, and may include notice by
telephone, facsimile, or through the U.S. mail. The applicant shall promptly advise the city of any
changes that would limit or otherwise hinder the city in contacting the applicant. Upon payment of all
permit fees, permit shall be valid for two years from date permit is issued.

Exception: Land use and development approvals shall be granted a one-time, three-year economic
hardship extension from the original date of expiration if the approval was set to expire between
January 1, 2008, and December 31, 2011.

G. Repealed by Ord. 1651-09.

H. Repealed by Ord. 1651-09.

I. Investigation Fees—Work without a Permit.

1. Investigation. Whenever any work for which a permit is required by this code has been commenced
without first obtaining said permit, a special investigation shall be made by the building official before a
permit may be issued for such work.

2. An investigation fee, in addition to the permit fee and plan review fee, shall be collected whether or
not a permit is then or subsequently issued. The investigation fee shall be assessed as designated in the
current city of Sedro-Woolley building, planning and engineering fee schedule, as adopted by resolution
of the city council and on file with the city clerk. The payment of such investigation fee shall not exempt
any person from compliance with all other provisions of this code nor from any penalty prescribed by
law.

J. Fee Refunds. The building official may authorize refunding any fee paid hereunder which was
erroneously paid or collected. The building official may authorize refunding not more than eighty
percent of the permit fee paid when no work has been done under a permit issued in accordance with
this code. The building official shall not authorize the refunding of any fee paid except upon the written
application filed by the original permittee not later than one hundred eighty days after the date of fee
payment. Plan review fees are not refundable. (Ord. 1776-13 § 1 (part), 2013: Ord. 1685-10 § 4, 2010;
Ord. 1680-10 § 1, 2010: Ord. 1651-09 §§ 1—9, 2009; Ord. 1477-04 § 7, 2004: Ord. 1154 § 4, 1992)

15.04.042 Building valuation data.

For the purposes of determining valuation for issuance of building permits and charging building permit
fees, the current building valuation data published in the Building Safety Magazine by the International
Code Council shall be utilized. (Ord. 1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010: Ord. 1477-04 § 8,
2004)

15.04.043 Administration and enforcement.

The building code of the city shall be administered and enforced by the building official of the city. (Ord.
1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010: Ord. 1477-04 § 9, 2004)

15.04.044 Certification of plans by architects and engineers.

The original set of any plans, computations or specifications submitted as part of or in conjunction with
any application for a building permit which has been required by the building official to be prepared by
an engineer or architect licensed by the state shall be submitted with a stamp or seal and original
signature of such engineer or architect on each page thereof. No application for which such plans,
computations or specifications have been required shall be deemed complete until such stamp or seal
and original signature have been affixed. (Ord. 1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010: Ord.
1477-04 § 10, 2004)

15.04.045 Plan check fees for identical plans.

A. An owner, builder or developer seeking to build more than one structure of an identical design may
obtain a discount on the plan check fee required by this chapter and the uniform building code for
subsequent identical design submissions within a period of six months of the original submission. The
discounted fee shall be thirty percent of the full fee applicable at the time of payment, or the actual cost
to the city for plan check review if conducted by an outside official, whichever is greater. The plans must
be identical to those submitted by the same applicant within the previous six months for which a full fee
was paid.

B. At the time of submission of the original plans, the applicant may submit up to four minor
construction alternatives for a common design, and pay the applicable additional fee based on the value
of the alternative as determined by the building official. The approved alternative plans shall be
considered part of the original plans for purposes of determining what constitutes an identical plan.

C. The decision of the building official as to what constitutes a minor construction alternative and
identical plan, for purposes of the discount provided by this section, shall be final and binding. (Ord.
1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010: Ord. 1443 § 1, 2003)

15.04.047 Mandatory street address signs.

A. Every lot for which a permit is issued under this chapter for any purpose shall have an assigned
street number affixed as prescribed by this section. The number shall be posted within thirty days of
issuance of the permit or prior to issuance of a certificate of occupancy, whichever is sooner, unless a
later date is prescribed in writing by the building official. Compliance with this section shall be the
responsibility of both the building owner and the permit applicant.
B. For structures situated fifty feet or less from the street, the address shall be conspicuously placed
immediately above, upon, or at the side of the proper door of each building so that the number can be
seen plainly from the street. If the main entrance is on the side or does not face the street, the address
shall be conspicuously placed on the side of the building facing the street.

C. For structures situated more than fifty feet from the street, or when the view of the building is
blocked, the number shall be conspicuously placed on a post, gate, fence, tree, etc. This placement must
be somewhere in an arc within thirty feet from where the center of the driveway or access meets the
street. It will be posted in such a way so that the address placard is parallel with the main street or
visible when accessing from either direction. It shall be at a height of between four and six feet from the
level of the street. On streets which may be accessed from only one direction, the placard may be
posted perpendicular to the main street in such a way that it is clearly visible when being approached by
emergency responders. If more than one address is on one driveway and the buildings or entities are
further than fifty feet from the street, then the addresses shall be posted at the street and also on the
buildings or addressable entities. The address shall also be posted at any confusing intersection within
the private drives.

D. Addressable entities other than buildings, such as recreational lots, play fields, or stand-alone utility
sites, shall display the address at the access or driveway in the same manner as a building located more
than fifty feet from a street. On a corner lot, the building number shall face the street named in the
address.

E. Building addresses shall be set on a white background which is approximately twelve inches by six
inches in size. Building addresses shall be blue reflective numbers a minimum of five inches in height
that are easily visible at night.

F. The fire chief is authorized to obtain and sell address placards which comply with this section at cost
and expense as part of a safety awareness program; provided, that nothing in this section shall prohibit
any owner from acquiring a conforming sign from a private vendor.

G. A certificate of occupancy or inspection may be withheld for violation of this section. In addition,
violation of this section is punishable as set forth in Section 15.04.060. (Ord. 1776-13 § 1 (part), 2013:
Ord. 1680-10 § 1, 2010: Ord. 1516-05 § 1, 2005)

15.04.050 Prohibitions.
It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move,
improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the
city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter and
the codes adopted by reference. (Ord. 1776-13 § 1 (part), 2013: Ord. 1680-10 § 1, 2010: Ord. 1154 § 5,
1992)

15.04.055 Enforcement—Civil suits.

Repealed by Ord. 1670-10. (Ord. 1211 § 2, 1994)

15.04.060 Violations—Penalties.
Any person violating or failing to comply with any of the provisions contained in this chapter shall be
subject to the enforcement provisions contained in Title 18, Code Enforcement. (Ord. 1776-13 § 1 (part),
2013: Ord. 1680-10 § 1, 2010: Ord. 1670-10 § 25, 2010)
 BFP CITIZENS CHARTER, SOP/MC’S ON FIRE SAFETY
INSPECTION
Guidelines on Processing and Issuance of Fire Safety
Evaluation Clearance (FSEC), Fire Safety Inspection
Certificate (FSIC) and Other Certificates (Rule 9, IRR of RA 9514)

1. BUILDING PLAN REVIEW

A. Upon receipt by the City/Municipal Fire Marshal having jurisdiction of six (6) sets of the
building plans from the Building Official (BO), the Customer Relation Officer or the designated staff shall
check compliance of documentary requirements, assess the Fire Code Fees (FCF) and issue Order of
Payment (OP) to be paid at the Cashier’s Office or the Authorized Government Depository Bank (AGDB)
or Authorized Government Servicing Bank (AGSB) by the BFP. After payment of the FCF, the owner or his
duly authorized representative shall submit copy of the Official Receipt (OR). The Customer Relation
Officer shall record the application for Building Plan Review including date and time the plans were
received and the OR No., acknowledge and assign a control number and endorse the same without
delay to the Plan Evaluator.
B. The Plan Evaluator shall undertake the necessary evaluation and review of the plans
indicating whether or not such plans conform to the fire safety and life safety requirements of the Fire
Code of the Philippines and its IRR. For this purpose, a Fire Safety Checklist (FSC) shall be used to
facilitate checking of the building plan. The evaluated plans and the corresponding FSC shall then be
submitted to the Chief, Fire Safety Enforcement Section (FSES).
C. The Chief, FSES shall consolidate and review the findings of the Plan Evaluator and shall
submit without delay, the evaluation report and/or recommendations to the City/Municipal Fire
Marshal having jurisdiction.
D. The C/MFM having jurisdiction will either approve or disapprove the evaluated plans together
with the FSC. The approved/disapproved application for FSEC will then be transmitted to the Customer
Relation Officer for its release.
E. No building plan shall be evaluated without the submission of Fire and Life Safety Assessment
Report 1 (FALAR 1) in accordance with Division 3 of Rule 9.
F. The C/MFM having jurisdiction, through the Customer Relation Officer shall endorse back five
(5) copies of the approved Building Plans, together with the FSEC and FSC to the Building Official.

2. INSPECTION DURING CONSTRUCTION

During construction, renovation, modification or alteration, the City/Municipal Fire Marshal
having jurisdiction, on the basis of issued FSC, shall inspect the premises to determine whether the
plans, and specifications are being followed and fire safety precautions are being observed. He shall
cause the correction of any defects/deficiencies noted, when necessary.

3. INSPECTION AFTER COMPLETION OF CONSTRUCTION

A. After construction/renovation/modification or alteration and prior to the issuance of the occupancy
permit by the Building Official, the City/Municipal Fire Marshal having jurisdiction shall inspect the
premises and issue the necessary FSIC upon determination that the required fire safety construction are
in place, and fire protective and/or warning system are properly installed in accordance with the
approved plans and specifications.
B. Inspection procedure shall be as follows:
1. The process starts with the endorsement by the Building Official (BO) of the application for Occupancy
Permit accompanied by a Certificate of Completion. The Customer Relation Officer or designated staff
shall assess the Fire Code Fees and issue Order of Payment to be paid at the Cashier’s Office or the
AGDB or AGSB of the BFP. After payment, the owner shall submit a copy of the Official Receipt to the
CRO. The CRO shall then assign an application control number on the endorsement/application and
prepare an Inspection Order.

2. The prepared Inspection Order will be forwarded to the Chief, FSES for signing and recommendation.
3. The Chief, FSES will endorse the said Inspection Order including the name of assigned FSI to the
C/MFM having jurisdiction for approval and signature. The Inspection Order will then be given back to
the Records Section for the assignment of a control number and dispatch to assigned FSI.

4. The FSI shall conduct final inspection in the establishment applying for Occupancy Permit then shall
prepare an After Inspection Report (AIR) using the Classified Standard Checklist.

5. The FSI will prepare a report of recommendation (FSIC or Notice of Disapproval (NOD), which shall be
submitted to the Chief, FSES. The FSI will prepare the FSIC, to be signed by Chief, FSES if said
establishment has substantially complied with the provisions of the Fire Code of the Philippines.
Otherwise, the FSI shall prepare NOD.

6. The Chief, FSES will evaluate and recommend final action, which is subject to the approval of the
C/MFM having jurisdiction.

7. No FSIC shall be issued without the submission of Fire and Life Safety Assessment Report 2 (FALAR 2)
in accordance with Division 3 of this Rule.

8. Upon approval or disapproval, the C/MFM having jurisdiction shall issue an FSIC or NOD, as the case
may be, and through CRO, endorse to BO/Owner, retaining one (1) copy for filing and properly
maintained for future reference.
3. FIRE INVESTIGATION (15%)

1. THE LAW ON ARSON IN THE PHILLIPPINES (RPC)

PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON

WHEREAS, findings of the police and intelligence agencies of the government reveal that fires and
other crimes involving destruction in Metro Manila and other urban centers in the country are
being perpetrated by criminal syndicates, some of which have foreign connections;

WHEREAS, the current law on arson suffers from certain inadequacies that impede the successful
enforcement and prosecution of arsonists;

WHEREAS, it is imperative that the high incidence of fires and other crimes involving destruction be
prevented to protect the national economy and preserve the social, economic and political stability
of the country;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and decree as part of the law of the land, the
following:

Section 1. Arson. Any person who burns or sets fire to the property of another shall be punished by
Prision Mayor.

The same penalty shall be imposed when a person sets fire to his own property under
circumstances which expose to danger the life or property of another.

Sec. 2. Destructive Arson. The penalty of Reclusion Temporal in its maximum period to Reclusion
Perpetua shall be imposed if the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or combustible
materials are stored.

2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or
social services.

3. Any church or place of worship or other building where people usually assemble.

4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property

4. Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceedings.

5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.
6. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Sec. 3. Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be
imposed if the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill or mill central; and
6. Any railway or bus station, airport, wharf or warehouse.

Sec. 4. Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be
imposed in its maximum period;

1. If committed with intent to gain;

2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or
more persons.

Sec. 5. Where Death Results from Arson. If by reason of or on the occasion of the arson death
results, the penalty of Reclusion Perpetua to death shall be imposed.

Sec. 6. Prima Facie evidence of Arson. Any of the following circumstances shall constitute prima
facie evidence of arson:

1. If the fire started simultaneously in more than one part of the building or establishment.

2. If substantial amount of flammable substances or materials are stored within the building note
necessary in the business of the offender nor for household us.

3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials

soaked therewith or containers thereof, or any mechanical, electrical, chemical, or electronic
contrivance designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins
or premises of the burned building or property.

4. If the building or property is insured for substantially more than its actual value at the time of the
issuance of the policy.

4. If during the lifetime of the corresponding fire insurance policy more than two fires have
occurred in the same or other premises owned or under the control of the offender and/or insured.

5. If shortly before the fire, a substantial portion of the effects insured and stored in a building or
property had been withdrawn from the premises except in the ordinary course of business.
 6. If a demand for money or other valuable consideration was made before the fire in exchange for
the desistance of the offender or for the safety of the person or property of the victim.

Sec. 7. Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision Mayor
in its minimum period.

Sec. 8. Confiscation of Object of Arson. The building which is the object of arson including the land
on which it is situated shall be confiscated and escheated to the State, unless the owner thereof can
prove that he has no participation in nor knowledge of such arson despite the exercise of due
diligence on his part.

Sec. 9. Repealing Clause. The provisions of Articles 320 to 326-B of the Revised Penal Code and all
laws, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of
this Decree are hereby repealed or amended accordingly.

Section 10. Effectivity. This Decree shall take effect immediately upon publication thereof at least
once in a newspaper of general circulation.

Done in the City of Manila, this 7th day of March, in the year of Our Lord, nineteen hundred and
seventy-nine.

*CONSTITUTIONAL RIGHTS OF THE ACCUSED

Rights of the Accused (Sec. 11 – 22, Art. III)

1. The right to free access to the courts and adequate legal assistance.

2. The right to be informed of his right to remain silent and to have counsel when under investigation for
the commission of an offense.

3. The right against the use of torture, force, violence, threat, intimidation, or any other means which
vitiates the free will.

4. The right against being held in secret, incommunicado, or similar forms of solitary detention;

5. The right to bail and against excessive bail.

6. The right to due process of law.

7. The right to presumption of innocence.

8. The right to be heard by himself and counsel.

9. The right to be informed of the nature and cause of the accusation against him.

10. The right to have speedy, impartial, and public trial.

11. The right to meet the witnesses face to face.

12. The right to have compulsory process to secure the attendance of witnesses and the production of
evidence in his behalf.

13. The right against self-incrimination.

14. The right against detention by reason of political beliefs and aspirations.

15. The right against excessive fines.

16. The right against cruel, degrading or inhuman punishment.

17. The right against infliction of the death penalty except for heinous crimes.

18. The right against double jeopardy.

19. The right against ex post facto law and bill of attainder.

*PRIMA FACIE EVIDENCE OF ARSON

Revised Penal Code Article 326 B - Prima facie evidence of arson
Any of the following circumstances shall constitute prima facie evidence of arson:
1. If after the fire, are found materials or substances soaked in gasoline, kerosene, petroleum, or other
inflammables, or any mechanical, electrical chemical or traces or any of the foregoing.

2. That substantial amount of inflammable substance or materials were stored within the building not
necessary in the course of the defendant's business; and

3. That the fire started simultaneously in more than one part of the building or locale under
circumstances that cannot normally be due to accidental or unintentional causes: Provided, however,
That at least one of the following is present in any of the three above-mentioned circumstances:

(a) That the total insurance carried on the building and/or goods is more than 80 per cent of the value
of such building and/or goods at the time of the fire;

(b) That the defendant after the fire has presented a fraudulent claim for loss.

The penalty of prision correccional shall be imposed on one who plants the articles above-mentioned, in
order to secure a conviction, or as a means of extortion or coercion. (As amended by R.A. 5467 ,
approved May 12, 1969).

*RULES OF COURT
Republic of the Philippines
SUPREME COURT
Manila
FIRST DIVISION
G.R. No. 206236 July 15, 2013
GILFREDO BACOLOD, a.k.a. GILARDO BACOLOD, Accused-Petitioner,
vs.
PEOPLE OF THE PHILIPPINES, Plaintiff-Respondent.
RESOLUTION
BERSAMJN, J.:

It is imperative that the courts prescribe the proper penalties when convicting the accused, and
determine the civil liability to be imposed on the accused, unless there has been a reservation of the
action to recover civil liability or a waiver of its recovery.

Antecedents
On March 31, 2008, the Regional Trial Court (RTC), Branch 9, in Cebu City convicted the petitioner of
arson,1 viz:

WHEREFORE, in finding the accused GUILTY beyond reasonable doubt of the crime of Arson, this Court
hereby sentences him to suffer imprisonment for a period of Ten (10) Years of Prision Mayor in its
medium period as minimum to Sixteen (16) Years of Reclusion Temporal in its medium period as
maximum.

SO ORDERED.

On December 9, 2011, the Court of Appeals (CA) affirmed the conviction,2 disposing thusly:

WHEREFORE, in view of the foregoing, the Decision dated March 31, 2008 of the Regional Trial Court,
Branch 9, Cebu City in Criminal Case No. CBU-74629 is hereby AFFIRMED in full. The Formal Entry of
Appearance of Atty. Valeriano S. Loon as the new counsel for the private complainant by reason of the
death of his former counsel, Atty. Celestino Allanic, is hereby noted.

SO ORDERED.

Issues

Hence, this appeal by petition for review on certiorari.

The petitioner submits that both the RTC and the CA erred in their appreciation of the evidence. He
insists that no witness had actually seen him set the house on fire; that the State did not show that he
had the motive to commit the arson; and that only circumstantial evidence was presented against him,
but such evidence, not being incompatible with the hypothesis favoring his innocence, was insufficient
to support a conviction beyond reasonable doubt.

Ruling

The Court affirms the conviction.

The lack or absence of direct evidence does not necessarily mean that the guilt of the accused cannot be
proved by evidence other than direct evidence. Direct evidence is not the sole means of establishing
guilt beyond reasonable doubt, because circumstantial evidence, if sufficient, can supplant the absence
of direct evidence. The crime charged may also be proved by circumstantial evidence, sometimes
referred to as indirect or presumptive evidence. Circumstantial evidence has been defined as that which
"goes to prove a fact or series of facts other than the facts in issue, which, if proved, may tend by
inference to establish a fact in issue."3

The RTC’s reliance on circumstantial evidence was sanctioned by Rule 133, Section 4 of the Rules of
Court,4 which requires for circumstantial evidence to warrant the conviction of an accused that, firstly,
there are more than one circumstance; secondly, the facts from which the circumstances arose are duly
established in court; and, thirdly, the circumstances form and unbroken chain of events leading to the
fair conclusion of the culpability of the accused for the crime for which he is convicted. Ostensibly, our
rules "make no distinction between direct evidence of a fact and evidence of circumstances from which
the existence of a fact may be inferred. No greater degree of certainty is required when the evidence is
circumstantial than when it is direct, for in either case, the trier of fact must be convinced beyond a
reasonable doubt of the guilt of the accused."5

The State’s witnesses credibly and reliably described a chain of circumstances that absolutely
incriminated the petitioner in the criminal burning of the house of complainants Spouses Ceferino and
Gemma Cogtas. As both the trial and appellate courts found, the following interconnected factual links
were proved, namely: (1) prosecution witness Ruben Gonzales heard the loud voices of the petitioner
and his sister coming from the Cogtas house that the Bacolod family had been renting, with the
petitioner demanding money from his sister Daisy Mae Bacolod but the latter not acceding to the
demand; he was then only about 15 arm’s lengths away from the Cogtas house; (2) not soon after,
Gonzales heard a commotion inside the Cogtas house, and then immediately saw Daisy Mae and three
other persons running out of the house asking for help; (3) Gonzales himself going towards the house to
see what was happening, saw the petitioner in the kitchen waving a flaming blanket that he had lit from
the burner stove; (4) the petitioner then came out of the house, daring anyone to arrest him; (5)
Gonzales turned off the burner stove in the kitchen, even as he saw the ceiling of the kitchen already in
flames; and (6) the fire immediately spread to the other parts of the house, and which eventually
burned down the house completely. Gonzales’ account about the commotion inside the house was
corroborated by Alexander Cernal, a barangay tanod who happened to be on board his tricycle at the
same subdivision where the Cogtas house was located.

The CA did not err in holding that the State’s circumstantial evidence sufficed for the conviction of the
petitioner. Indeed, the unbroken chain of circumstances established from the recollections of witnesses
whose motives had not been impugned at all by the petitioner warranted no conclusion but that the
petitioner had deliberately caused the burning of the house.

Nonetheless, the Court needs to correct the penalty the RTC imposed on the petitioner, and which the
CA affirmed "in full". The indeterminate sentence of 10 years of prision mayor in its medium period, as
minimum, to 16 years of reclusion temporal in its medium period, as maximum, prescribed by the RTC
was legally erroneous.

The information specifically alleged that the house burned by the accused was an inhabited dwelling.
Pursuant to Section 3(2) of Presidential Decree No. 1613 (Amending the Law on Arson), the penalty to
be imposed if the property burned is an inhabited house or dwelling is from reclusion temporal to
reclusion perpetua. Not being composed of three periods, however, such penalty should be divided into
three equal portions of time, and each portion forms one period of the penalty.6 Yet, reclusion
perpetua, being an indivisible penalty, immediately becomes the maximum period, leaving reclusion
temporal to be divided into two in order to fix the medium and minimum periods of the penalty. The
three periods of the prescribed penalty of reclusion temporal to reclusion perpetua are then as follows:

Minimum period – 12 years and 1 day to 16 years;

Medium period – 16 years and 1 day to 20 years;

Maximum period – reclusion perpetua.

Section 1 of the Indeterminate Sentence Law requires the court, in imposing a prison sentence for an
offense punished by the Revised Penal Code, or its amendments, to sentence the accused "to an
indeterminate sentence the maximum term of which shall be that which, in view of the attending
circumstances, could be properly imposed under the rules of the said Code, and the minimum which
shall be within the range of the penalty next lower to that prescribed by the Code for the offense."7
Accordingly, the maximum of the indeterminate penalty in this case should be within the range of the
medium period of the penalty, i.e., from 16 years and 1 day to 20 years, because neither aggravating nor
mitigating circumstance attended the commission of the crime; and the minimum of the indeterminate
sentence should be within the range of the penalty next lower in degree to that prescribed for the
crime, without regard to its periods.8

It appears, therefore, that the maximum of the indeterminate penalty fixed by the RTC fell short by one
day in order to come within the medium period of the prescribed penalty. Although such fixing by the
RTC was contrary to the Indeterminate Sentence Law, the CA uncharacteristically condoned the
violation. The correction should now be made to make the sentence conform to law. Accordingly, the
maximum of the indeterminate sentence of the petitioner is 16 years and one day of reclusion temporal.

Another substantial detail left out by the RTC, and, later on, by the CA pertained to the civil liability to be
assessed against the petitioner in favor of the Spouses Cogtas as owners of the burned house. Having
pronounced the petitioner guilty of committing arson, a crime against property, the RTC and the CA
were bound to have then adjudged him civilly liable to compensate the Spouses Cogtas for their
substantial economic damage and prejudice as the owners of the house. The RTC briefly discussed the
economic loss of the Spouses Cogtas in its judgment but surprisingly omitted any award from the
decretal portion.

The unfair omission should be rectified. In the records was testimony given by Architect Gabriel F. Abear
to the effect that the Spouses Cogtas would need to spend P869,590.00 to restore their burned dwelling
to its condition before the crime. In the absence of a showing that such amount had been actually
expended in a manner capable of substantiation by any document or receipt, Abear’s valuation
remained a mere estimate, and could not be the measure of an award for actual damages. This is
because, as reiterated in Tan v. OMC Carriers, Inc.:9

Actual damages, to be recoverable, must not only be capable of proof, but must actually be proved with
a reasonable degree of certainty. Courts cannot simply rely on speculation, conjecture or guesswork in
determining the fact and amount of damages. To justify an award of actual damages, there must be
competent proof of the actual amount of loss, credence can be given only to claims which are duly
supported by receipts.

Nonetheless, the failure to present competent proof of actual damages should not deprive the Spouses
Cogtas of some degree of indemnity for the substantial economic damage and prejudice they had
suffered. According to Article 2224 of the Civil Code, temperate damages, which are more than nominal
but less than compensatory damages, may be recovered when the court finds that some pecuniary loss
has been suffered but its amount cannot, from the nature of the case, be proved with certainty.10 For
this purpose, the determination of the temperate damages rests in the sound discretion of the courts.
To illustrate, in People v. Murcia,11 the Court reduced the amount of P250,000.00 fixed by the RTC,
although affirmed by the CA, to P200,000.00 by way of temperate damages upon noting that the former
amount had been based only on the complainant’s estimate of the value of his house. Consequently, the
Court holds that the amount of P500,000.00 in the form of temperate damages is reasonable
considering that the dwelling of the Spouses Cogtas had been completely burned down.

It is not amiss to stress that both the RTC and the CA disregarded their express mandate under Section
2, Rule 120 of the Rules of Court to have the judgment, if it was of conviction, state: "(1) the legal
qualification of the offense constituted by the acts committed by the accused and the aggravating or
mitigating circumstances which attended its commission; (2) the participation of the accused in the
offense, whether as principal, accomplice, or accessory after the fact; (3) the penalty imposed upon the
accused; and (4) the civil liability or damages caused by his wrongful act or omission to be recovered
from the accused by the offended party, if there is any, unless the enforcement of the civil liability by a
separate civil action has been reserved or waived." Their disregard compels us to act as we now do lest
the Court be unreasonably seen as tolerant of their omission. That the Spouses Cogtas did not
themselves seek the correction of the omission by an appeal is no hindrance to this action because the
Court, as the final reviewing tribunal, has not only the authority but also the duty to correct at any time
a matter of law and justice.

We also pointedly remind all trial and appellate courts to avoid omitting reliefs that the parties are
properly entitled to by law or in equity under the established facts. Their judgments will not be worthy
of the name unless they thereby fully determine the rights and obligations of the litigants. It cannot be
otherwise, for only by a full determination of such rights and obligations would they be true to the
judicial office of administering justice and equity for all. Courts should then be alert and cautious in their
rendition of judgments of conviction in criminal cases. They should prescribe the legal penalties, which is
what the Constitution and the law require and expect them to do. Their prescription of the wrong
penalties will be invalid and ineffectual for being done without jurisdiction or in manifest grave abuse of
discretion amounting to lack of jurisdiction. They should also determine and set the civil liability ex
delicto of the accused, in order to do justice to the complaining victims who are always entitled to them.
The Rules of Court mandates them to do so unless the enforcement of the civil liability by separate
actions has been reserved or waived.

WHEREFORE, we AFFIRM the decision promulgated on December 9, 2011 by the Court of Appeals,
subject to the MODIFICATIONS that:

(1) the indeterminate sentence for GILFREDO BACOLOD a.k.a. GILARDO BACOLOD is corrected from 10
years of prision mayor, as minimum, to 16 years and one day of reclusion temporal, as maximum; and
(2) GILFREDO BACOLOD a.k.a. GILARDO BACOLOD is ORDERED to pay the amount of P500,000.00 as
temperate damages to SPOUSES CEFERINO AND GEMMA COGT AS, plus interest of 6% per annum
reckoned from the finality of this decision, plus the costs of suit.

SO ORDERED.

LUCAS P. BERSAMIN
Associate Justice

WE CONCUR:

MARIA LOURDES P. A. SERENO

Chief Justice

TERESITA J. LEONARDO-DE CASTRO

Associate Justice MARTIN S. VILLARAMA, JR.
Associate Justice
BIENVENIDO L. REYES
Associate Justice

CERTIFICATION

Pursuant to Section 13, Article VIII of the Constitution, I certify that the conclusions in the above
Resolution had been reached in consultation before the case was assigned to the writer of the opinion
of the Court's Division.

MARIA LOURDES P. A. SERENO

Chief Justice

Footnotes

1 Rollo, pp. 25-32.

2 Id. at 33-41; penned by Associate Justice Edgardo L. Delos Santos, with the concurrence of Associate
Justice Ramon Paul L. Hernando and Associate Justice Victoria Isabel A. Paredes.

3 Gan v. People, April 23, 2007, 521 SCRA 550.

4 Buebos v. People, G.R. No. 163938, March 28, 2008, 550 SCRA 210, 222.

5 People v. Ramos, G.R. No. 104497, January 18, 1995, 240 SCRA 191, 199, citing Robinson v. State, 18
Md. App. 678, 308 A2d 734 (1973). Italicized portions are part of the quotation.

6 The Revised Penal Code provides:

Article 65. Rule in cases in which the penalty is not composed of three periods. — In cases in which the
penalty prescribed by law is not composed of three periods, the courts shall apply the rules contained in
the foregoing articles, dividing into three equal portions of time included in the penalty prescribed, and
forming one period of each of the three portions.

7 Italics supplied to focus on the relevant portion of the provision.

8 See Candao v. People, G.R. No. 186659-710, February 1, 2012, 664 SCRA 769, 770.

9 G.R. No. 190521, January 12, 2011, 639 SCRA 471, 481, citing Viron Transportation Co., Inc. V. Delos
Santos, G.R. No. 138296, November 22, 2000, 345 SCRA 509, 519.

10 In arson, this provision became the legal basis for indemnifying the complainant for the damage or
prejudice sustained ex delicto in lieu of actual damages. For instance, in People v. De Leon (G.R. No.
180762, March 4, 2009, 580 SCRA 617), in which the accused was convicted of arson for burning a hut
valued by the complainant at P3,000.00, the Court affirmed the CA’s award of temperate damages of
P2,000.00 in lieu of the valuation by the complainant.

11 See People v. Murcia, G.R. No. 182460, March 9, 2010, 614 SCRA 741, 753-754.

2. PROCEDURES AND TECHNIQUES

*IDENTIFICATION, PREVENTION AND HANDLING OF EVIDENCE

1 NATURE OF FIRE INVESTIGATIONS

A fire or explosion investigation is a complex endeavor involving both art and science. The compilation
of factual data, as well as an analysis of those facts, should be accomplished objectively and truthfully.
The basic methodology of the fire investigation should rely on the use of a systematic approach
and attention to all relevant details.
A fire or explosion investigation is a complex endeavor involving both art and science. The compilation
of factual data, as well as an analysis of those facts, should be accomplished objectively and truthfully.
The basic methodology of the fire investigation should rely on the use of a systematic approach
and attention to all relevant details.
2 SYSTEMATIC APPROACH
The systematic approach recommended is that of the scientific method, which is used in the physical
sciences.
This method provides for the organizational and analytical process so desirable and necessary in
a successful fire investigation.
3 RELATING FIRE INVESTIGATION TO THE SCIENTIFIC METHOD
The scientific method is a principal of inquiry that forms a basis for legitimate scientific and engineering
processes, including fire incident investigation.
The scientific method is applied using the following six steps.

Recognize the need (identify the problem)

Define the problem
Collect data
Analyze the data (inductive reasoning)
Develop a hypothesis
Test the hypothesis (deductive reasoning)
Select final hypothesis (determine cause)

a. Recognize the Need

First, one should determine that a problem exists. In this case a fire or explosion has occurred
and the cause should be determined and listed so that future, similar incidents can be prevented.
b. Define the Problem
Having determined that a problem exists, the investigator or analyst should define in what
manner the problem can be solved.
In this case, a proper origin and cause investigation should be conducted.
This is done by an examination of the scene and by a combination of other data collection methods,
such as the review of previously conducted investigations of the incident, the interviewing of witnesses
or other knowledgeable persons, and the results of scientific testing.
c. Collect Data
Facts about the fire incident are now collected. This is done by observation, experiment, or
other direct data gathering means. This is called empirical data because it is based on observation or
experience and is capable of being verified.
d. Analyze the Data (Inductive Reasoning)
All of the collected and observed information is analyzed by inductive reasoning.
This is the process in which the total body of empirical data collected is carefully examined in
the light of the investigator’s knowledge, training, and experience.
e. Develop a Hypothesis
Based on the data analysis, the investigator should now produce a hypothesis or group of
hypotheses to explain the origin and cause of the fire or explosion incident.
This hypothesis should be based solely on the empirical data that the investigator has collected.
f. Test the Hypothesis (Deductive Reasoning)
All other reasonable origins and causes should be eliminated.
The investigator does not have a truly provable hypothesis unless it can stand the test of careful
and serious challenge.
All other reasonable origins and causes should be eliminated.
The investigator does not have a truly provable hypothesis unless it can stand the test of careful
and serious challenge.

4 BASIC METHOD OF A FIRE INVESTIGATION

Using the scientific method in most fire or explosion incidents should involve the following five major
steps from inception through final analysis.

 RECEIVING THE ASSIGNMENT

 PREPARING FOR THE INVESTIGATION

 CONDUCTING THE INVESTIGATION

 COLLECTING AND PRESERVING EVIDENCE

 ANALYZING THE INCIDENT

RECEIVING THE ASSIGNMENT

The investigator should be notified of the incident, what his or her role will be, and what he or she is to
accomplish.
The investigator should know if he or she is expected to determine the origin, cause, and responsibility;
produce a written or oral report; prepare for criminal or civil litigation; make suggestions for code
enforcement, code promulgation, or changes; make suggestions to manufacturers, industry
associations, or government agency action; or determine some other results.
PREPARING FOR THE INVESTIGATION
The investigator should marshal his or her forces and resources and plan the conduct of the
investigation.
Preplanning at this stage can greatly increase the efficiency and therefore the chances for success of the
overall investigation.
Estimating what tools, equipment, and personnel (both laborers and experts) will be needed can make
the initial scene investigation, as well as subsequent investigative examinations and analyses, go more
smoothly and be more productive.
CONDUCTING THE INVESTIGATION
The investigator should conduct an examination of the scene, if it is available, and collect data necessary
to the analysis.
The actual investigation may take and include different steps and procedures, and these will be
determined by the purpose of the investigation assignment.
These steps and procedures are described in detail elsewhere in the document.
A typical fire or explosion investigation may include all or some of the following:
 a scene inspection;
 scene documentation through photography and diagramming;
 evidence recognition, documentation, and preservation;
 witness interviews;
 review and analysis of the investigations of others; and
 identification and collection of data or information from other appropriate sources.
It is during this phase of the investigation that the data necessary for the analysis of the incident
will be collected.
COLLECTING AND PRESERVING EVIDENCE
Valuable physical evidence should be recognized, properly collected, and preserved for further testing
and evaluation or courtroom presentation.
ANALYZING THE INCIDENT
All collected and available data should be analyzed using the principles of the scientific method. An
incident scenario or failure analysis should be described, explaining the origin, cause, fire spread, and
responsibility for the incident.
Conclusions should be drawn according to the principles expressed in this guide.

*OTHER RELATED PROCEDURES AND TECHNIQUES

5 REPORTING PROCEDURES
The reporting procedure may take many written or oral forms, depending on the specific responsibility
of the investigator. Pertinent information should be reported in a proper form and forum to help
prevent recurrence.

Establishing the Role of

First Responders
The actions of public safety personnel providing emergency services at a fire scene are critical not only to
lifesaving and fire suppression efforts but also to any subsequent investigation of the incident.
 1. Observe the Fire and Scene Conditions PROCEDURE
While approaching a fire scene, first responders should observe and mentally note the following
conditions and activities and, as soon as conditions permit, initiate permanent documentation of the
information (e.g., written notes, voice recordings, videotapes):
A. The presence, location, and condition of victims and witnesses.
B. Vehicles leaving the scene, bystanders, or unusual activities near the scene.
C. . Flame and smoke conditions (e.g., the volume of flames and smoke; the color, height, and
location of the flames; the direction in which the flames and smoke are moving).
D. The type of occupancy and use of the structure (e.g., a residential occupancy being used as a
business).
E. Conditions of the structure (e.g., lights turned on; fire through the roof; walls standing; open,
closed, or broken windows and doors).
F. Conditions surrounding the scene (e.g., blocked driveways, debris, damage to other structures).
G. Weather conditions.
H. Unusual characteristics of the scene (e.g., the presence of containers, exterior burning or
charring on the building, the absence of normal contents, unusual odors, fire trailers.
I. The fire suppression techniques used, including ventilation, forcible entry, and utility shutoff
measures.
J. The status of fire alarms, security alarms, and sprinklers.
2. Exercise Scene Safety PROCEDURE
Upon arrival at the scene, first responders should:
A. Evaluate the scene for safety hazards (e.g., structural collapse of the building; smoke; electrical,
chemical, or biological hazards; other health risks).
B. Establish safety/hazard zones.
C. Communicate hazards to other personnel arriving at the scene.
D. Use tools and personal protective equipment appropriate to the task during all operations.
3. Preserve the Fire Scene PROCEDURE
To preserve evidence, first responders should:
A. Observe and mentally note evidence that may be present at the scene, such as:
 Fire patterns (including multiple fire locations).
 Burn injuries to victims and fire patterns on clothing.
 Trailers, ignitable liquids, or other unusual fuel distribution (e.g., piles of newspapers, furniture
pushed together).
 Incendiary/ignition/explosive devices (e.g., lighters, matches, timing devices).
 Shoe prints and tire impressions.
 Broken windows and doors.
 Distribution of broken glass and debris.
 Indications of forced entry (tools and tool marks).
 Containers.
 Discarded clothing.
 Trace evidence (e.g., hairs, fibers, fingerprints, blood, other body fluids).
 Evidence of crimes in addition to the possible arson (e.g., weapons, bodies, drugs, clandestine
drug laboratory equipment).
 Witnesses, bystanders, and victims.
 Any other unusual items or the absence of normal contents or structural components.
B. Recognize threats to evidence (i.e., its movement, removal, contamination, or destruction)
from any of the following sources:
 Fire suppression activities, such as a straight stream applied at the point of origin or deluge
applications that may wash away or dilute potential evidence.
 Overhaul activities that destroy fire patterns.
 Salvage activities that involve moving or removing potential physical evidence.
 Use of a tool in any manner that causes destruction of evidence.
 Movement of knobs, switches, and controls on appliances and utilities.
 Weather conditions that affect transient evidence (i.e., wind, precipitation, or temperature
changes).
 Personnel walking through the scene.
 Witnesses and victims leaving the scene.
 Medical intervention and treatment of victims (e.g., by damaging evidence at the scene or
destroying victims’ clothing).
 Premature removal or movement of bodies.
 Vehicles at the scene (e.g., that introduce fluid to the scene through vehicle leaks or destroy
other evidence, including shoe prints and tire impressions).
 Contamination from external sources, such as fuel-powered tools or equipment.
C. Protect Evidence by:
 Limiting excessive fire suppression, overhaul, and salvage.
 Avoiding needless destruction of property.
 Leaving bodies undisturbed.
 Flagging items of evidence with cones or markers.
 Recording observations through written notes or voice recordings.
 Covering items or areas containing evidence with objects that will not contaminate the evidence
(e.g., clean boxes or tarpaulins).
 Isolating items or areas containing evidence with rope, barrier tape, barricades, or sentries.
 Retaining and securing clothing items removed from victims and suspects.
 Obtaining information about victims and witnesses (i.e., their names, addresses, and telephone
numbers).
 Preserving transient evidence (e.g., trace evidence, shoe prints, tire impressions).
 Removing evidence at risk of imminent destruction by the fire or the structural collapse of the
damaged building.
 Ensuring that later arriving investigators are fully apprised of the evidence discovered.
4. Establish Security and Control PROCEDURE
A. Set up a security perimeter (e.g., using barrier tape, fire line, sentry).
B. Control access into the scene through the security perimeter.
 C. Initiate documentation of the scene.
5. Coordinate Activities PROCEDURE
To coordinate activities at the scene, first responders should:
A. Establish a command post and implement an incident command system (i.e., a point of contact and
line of communication and authority for public safety personnel).
B. Establish staging areas to ensure that emergency and support vehicles have access into the area.
C. Request additional personnel resources, such as firefighters, EMS personnel, law enforcement
officers, investigators, and representatives of utility companies.

D. Inform authorities about the status of the incident, hazards, injuries, witnesses, the location of
evidence, and other pertinent facts.

3. SOP’S ON FIRE ARSON INVESTIGATION

REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
Rm 618, 145 Union Square Condominium, 15th Avenue, Cubao, Quezon City
Tel. No. 911-7085 Tel Fax: (02)911-7060
BUREAU OF FIRE PROTECTION
STANDARD OPERATING PROCEDURE
(BFP-SOP) NUMBER: IID 2008-01
OPERATIONAL STANDARDS ON COMPREHENSIVE
FIRE AND ARSON INVESTIGATION
AND FILING OF CRIMINAL COMPLAINT PROCEDURES
I. GENERAL
As mandated by the provisions of Section 50, Rule VIII, Implementing Rules and Regulations of
Republic Act 6975, otherwise known as the Department of the Interior and Local Government Act of
1990, stipulates among others that the Bureau of Fire Protection shall have the power to investigate all
causes of fire and if necessary, file the proper complaint with the City or Provincial Prosecutor’s Office
which has jurisdiction over the case. The tasks and responsibility of the fire arson investigators are not
only limited in conducting exhaustive investigations and filing of complaints to the prosecutor’s office
but also includes the appearance and giving of testimonies before the court of law during legal
proceedings.
The criminal offense of Arson is punishable under the Revised Penal Code particularly Articles
320 to 326-B as amended by Presidential Decree 1613, 1744 and Section 10 of Republic Act 7659
(Heinous Crime Law). As provided by law it is the prosecution who has burden of proof and the quantum
of evidence is proof beyond reasonable doubt. Once proven, the maximum highest penalty for its
commission is life imprisonment under the present rule since the abolition of the death penalty law.
Arson is a classic heinous crime that requires skillful, scientific and systematic investigation procedure
thus, the respective chiefs of the investigation and intelligence offices of the BFP are joined closely
supervise the conduct of the investigation in order to attain effective and plausible results.
This BFP Standard Operating Procedure Nr. IID 2008 – 01 shall be known as: OPERATIONAL
STANDARDS ON COMPREHENSIVE FIRE AND ARSON INVESTIGATION AND FILING OF CRIMINAL
COMPLAINT PROCEDURES.
II. PURPOSE
A. To have a uniform and systematic procedures in the conduct of fire and arson investigation
from the BFP National Headquarters down to the lowest investigation and intelligence units, to
include the prompt submission of fire investigation reports.
B. To have a clear and explicable guidelines in conducting fire and arson investigation and the filing
of the necessary complaint documents before the office of the City/Provincial Prosecutor.
C. To ensure the quality and value of the investigation being conducted by all BFP fire and arson
investigators and to expedite the investigation process and disposition of fire and arson cases.
III. INITIAL ACTIONS DURING FIRE ALARM
During the occurrence of a fire incident, the following initial actions should be assumed by the
fire arson investigator.
Section 1. – Upon the notification of a fire call or fire incident, the duty Fire Arson Investigator
(FAI) who has jurisdiction over the location of the fire incident shall mandatory to immediately respond
at the soonest possible time. The conduct of initial inquiry through interview and elicitation from all
available witnesses at the fire scene must be done instantaneously.
Section 2. – As soon as the area of origin or the focal point of the fire is ascertained, the FAI shall
make necessary coordination with BFP firefighting personnel to include the volunteer fire brigades to
exert diligent and careful efforts in the conduct of fire suppression operation in the identified AREA OF
ORIGIN to preserve the EVIDENTIAL VALUE and the focal point of the fire that might be destroyed due to
excessive flooding in the area.
Section 3. – The fire scene should be well protected and secured. Coordination with the local
police units or barangay personnel should be done in order to secure the fire scene from looters and
other persons who has intention of entering the burned premises, so as to avoid contamination of the
fire area.
Section 4. – In the event that the FAI discovered SUSPECTED HAZARDOUS MATERIALS /
suspected illegal or regulated chemicals, during the conduct of investigation of the burned premises, the
circumstances shall be immediately reported to proper office ( e.g: BFP Hazardous Materials Office, or
other law enforcement agency).
Section 5. – Once the Fire Ground Commander (FGC) declared “FIRE OUT” the FAI shall take
cognizance the responsibilities of PROTECTING and SECURING the whole fire scene by sealing / closing
the perimeter with barricade tape (Fire Lines). Posting of uniformed BFP personnel for security purposes
may also be carry out as deemed necessary.
IV. DUTIES OF THE FIRE ARSON INVESTIGATOR
The following are the mandatory duties of the Fire Arson Investigators conducting thorough
investigation on the fire scene:
Section 1. – Shall perform systematic scientific examinations and visual reconstruction of the
fire scene. This is also to include the COMPLETE DOCUMENTATION AND PROPER RECORDING of the fire
area by the use of photography, diagrammatic sketch and notes. The diagrammatic sketch should clearly
depict the FIRE SCENE, its AREA / POINT OF ORIGIN, AREA MEASUREMENTS, LOCATION OF EVIDENCE
and other important details.
Section 2. – Conduct interview to all witnesses. The interview should be done in QUESTION AND
ANSWER FORM and shall be done under oath preferably by a person of authority whenever available, or
be administered by the concerned BFP officer with the rank of INSPECTOR and above. The authority of a
BFP officer to administer oath is pursuant to the provisions of Chapter III, Section 50 of R.A. 6975. All
witnesses to be conducted with a formal interview shall be FORMALLY INVITED to the fire station /
investigation office concerned in a form of INVITATION LETTER. (Please see attached Invitation Letter for
reference – Annex A)
Section 3. – Conduct THOROUGH ANALYSIS of the fire scene in order to identify the IGNITION
SOURCE, initial materials ignited and other factors which bring them together to produce a fire.
Examination of FIRE SPREAD and FIRE PATTERN which includes thermal effects on materials such as
charring, oxidation, consumption of combustibles, smoke and soot deposits, distortion, melting effect,
color change, changes of material structure and structural collapse, must be conducted.
Section 4. – Identify, recognize and collect physical evidence found at the fire scene that have
PROBATIVE VALUE on fire cause determination. Pieces of evidence to be collected shall be
photographed first and shall be collected in the presence of witnesses independent to the investigating
body. PROPER DOCUMENTATION, SEALING and PACKAGING of evidence recovered prior to submission
to Arson Laboratory Section (ALS) – BFP National Headquarters for laboratory examination shall be
observed.
The FAI shall strictly follow the instructions pertaining to evidence collection and handling as
stipulated in MEMORANDUM CIRCULAR NR: 2006-01: GUIDELINES IN THE HANDLING, PRESERVATION,
TRANSPORT AND SUBMISSION OF PHYSICAL EVIDENCE AT THE ALS – BFP NATIONAL HEADQUARTERS.
(Memorandum Circular Nr. 2006-01 is hereto attached for reference – Annex B)
Section 5. – On the first phase of the investigation, the FAI shall prepare the LISTING OF
DOCUMENTS needed to be accomplished / submitted by the fire victim/s, building occupant/s and other
parties affected by fire. The required documents are as follows: (Please see attached standard letter for
these requirements for the fire victims – Annex C)
A. Affidavit of Loss pertaining to Fire Damage (itemized and duly notarized)
B. Sworn statement of loss submitted to insurance adjusters / companies
C. Latest complete inventory of stocks prior to the fire incident
D. Complete inventory of salvaged items after the fire incident
E. Complete copies of insurance policies to include co-insurances
F. Income Tax Return (ITR) for the last three (3) years
G. Financial statements for the last three (3) years
H. Balance sheets for the last three (3) years
I. Mayor’s permit and Business License
J. Occupancy permit
K. Department of Trade and Industry (DTI) registration
L. Securities and Exchange Commission (SEC) registration
M. Latest Fire Safety Inspection Certificate (FSIC)
N. Complete list of employees
O. Approved Floor, Building and Electrical Plans
P. Copy of lease contract agreement
Q. Land title / tax declaration
Section 5.1 – The above listed documents to be secured to the fire victim will vary based on the
TYPE OF UCCUPANCY or the INVOLVED STRUCTURE gutted by fire. Any other documents that may be
irrelevant based on type of occupancy may not be required. In addition, the FAI are also AUTHORIZE TO
REQUIRE any other pertinent documents, materials and items to the fire victims as determined by the
FAI concerned, that will give support to the conduct of investigation.
Section 6. – The FAI must inform all concerned persons, occupants and managements of the
burned premises that the fire scene is RESTRICTED TO ENTRY to any person until the investigation being
conducted by the BFP at the burned premises is COMPLETED and / or TERMINATED.
Any REMOVAL, RETRIEVAL of items stored at the scene of the fire, DEMOLITION,
RECONSTRUCTION and REHABILITATION of the fire scene is only allowed upon securing approval to the
investigating body through submission of a formal written request by the fire victim.
The said formal written request should contain specific purpose. It should be addressed to the
respective CHIEFS OF THE BFP INVESTIGATION AND INTELLIGENCE OFFICES through the FIRE ARSON
INVESTIGATOR handling the case. The concerned Chief of the Investigation and Intelligence Office,
together with his proper recommendation, shall endorse the subject letter request of the fire victim to
the concerned BFP HEAD OF OFFICE, who shall then issue the PROPERTY RECOVERY AND CLEARING
PERMIT (PRCP), to the requesting party. (Please see attached standard PRCP format for reference –
Annex D)
In such case that the fire incident is suspected to be INTENTIONAL in nature, issuance of PRCP is
temporarily RESTRICTED, until proven otherwise. If the fire incident is found to be intentional in nature
and case was already filed in the court of law, it will be the discretion of the court handling the case
whether to issue appropriate document in the clearing or demolition of the burned premises.
Section 7. – In such event that death results from a fire incident (FATAL FIRES), the concerned
FAI shall immediately sought the assistance of the Philippine National Police – Scene Of the Crime
Operation (PNP – SOCO), or any other legal / recognized group for lifting and autopsy of the cadaver /
body found at the fire / crime scene.
Section 8. – All conduct of follow-up investigation to the fire incident should be covered with
appropriate Letter / Mission Order signed by the respective BFP Head of Office. (Please see attached
standard form of Mission Order for reference – Annex E)
Section 9. – All FAI are also directed and mandated to perform any other task as deemed
essential to the development of case build-up and the exhaustive investigation being conducted.
V. FIRE REPORT CLASSIFICATIONS AND REPORTING SYSTEM
A. Spot Investigation Report (SIR) – Shall be made and accomplished by the FAI concerned
during the actual response to a fire incident. The SIR should contain basic information about the fire
incident. (Please see attached standard SIR format for reference – Annex F)
All SIR must be submitted IMMEDIATELY (within 24 hours) to respective Fire Marshals with copy
furnished the OFFICE OF THE CHIEF, BUREAU OF FIRE PROTECTION, thru fax message at the office of the
INVESTIGATION AND INTELLIGENCE DIVISION – BFP National Headquarters with Telephone / Fax
Number: (02) 911-7223, for immediate information and recording purposes.
The copy (original copy / photo copy) of the SIR of all fire incident transpired within the
respective Area Of Responsibility (AOR) shall be consolidate and be submitted thru proper CHANNEL.
The respective OFFICE OF THE REGIONAL DIRECTOR FOR FIRE PROTECTION shall then submit the
consolidate SIR to the office of the IID – BFP National Headquarters in BI-MONTHLY basis (every 15th
and
30th day of the month) thru mail courier, for recording and proper disposition.
B. Progress Investigation Report (PIR) – Shall be made and accomplished by the FAI concerned
after the conduct of follow-up investigation was made. The PIR or any succeeding PIRs (2nd PIR) shall be
accomplished within 7 to 15 days. (Please see attached standard PIR format for reference –Annex G)
The copy (original copy / photo copy) of the PIR of all fire incident transpired within the
respective (AOR) shall be consolidate and be submitted thru proper CHANNEL. The respective OFFICE OF
THE REGIONAL DIRECTOR FOR FIRE PROTECTION shall then submit the consolidate PIR to the office of
the IID – BFP National Headquarters in BI-MONTHLY basis (every 15th and 30th day of the month) thru
mail courier, for recording and proper disposition.
C. Final Investigation Report (FIR) – Shall be made and accomplished by the FAI concerned upon
the completion of the exhaustive investigation. All completed FIR should be signed by the concerned FAI
and its respective Chief of the Investigation and Intelligence Office. (Please see attached standard FIR
format for reference – Annex H)
The FIR should be submitted the soonest time the case was resolved by the investigating office
handling the case. The maximum allowable time for the investigating body to submit the FIR shall be 30
to 45 DAYS commencing from the first day of investigation. On the given period, the FAI shall already
come up with a proper RESOLUTION or RECOMMENDATION about the case being investigated.
For the lower investigating units, the FIR shall be accomplished in five (5) complete copies for
distribution to:
1. Office of the Chief, BFP thru the office of the Investigation and Intelligence Division, BFP
National Headquarters;
2. Office of the Regional Director for Fire Protection;
3. Office of the District / Provincial Fire Marshal;
4. Office of the City / Municipal Fire Marshals.
The last copy (ORIGINAL or DOCUMENT ORIGINAL) shall remain in the possession of the FAI
concerned for his own personal copy and for future verification.
No UNDETERMINED cause should be reflected in any FIR.
D. Fire Incident Investigation Report (FIIR) – This kind of investigation report can only be made in
such circumstances that the investigation report cannot be completed for some reasons
independent to the will of the FAI. (Please see attached standard FIIR format for reference –
Annex I)
FIIR can only be accomplished in fire cases with UNDETERMINED cause and this kind of case
should be considered as ON_PENDING INVESTIGATION, subject to REOPENING in circumstances that
relevant evidence and / or a witness shall surface in the future.
The copy (original copy / photo copy) of the FIIR of all fire incident transpired within the
respective AOR should also be consolidated and be submitted thru proper CHANNEL to the higher
headquarters in BI-MONTHLY basis (every 15th and 30th day of the Month) thru mail courier, for
recording and proper disposition.
VI. LEVEL OF AUTHORITY TO CONDUCT INVESTIGATION
Since fire incidents entails damages to property, the level of authority in conducting fire and
arson investigation and completion of FIR will be based on the degree or the amount and value of the
total (aggregated) damages incurred in a certain fire incident. These levels of authority are as follows:
A. Municipal Fire Marshal – Municipal Limit, LEVEL 1 – The municipal level, through its
MUNICIPAL INVESTIGATION AND INTELLIGENCE UNIT (MIIU) shall have the full responsibility and
power to investigate fire incidents with a total amount of damage not exceeding to Twenty Million
Pesos (Php 20,000,000.00).
B. City Fire Marshal – City Limit, LEVEL 2 – The city level, through its CITY INVESTIGATION
AND INTELLIGENCE SECTION (CIIS) shall have the full responsibility and power to investigate fire
incidents with a total amount of damage not exceeding to Thirty Million Pesos (Php 30,000,000.00).
C. District Fire Marshal – District Limit, LEVEL 3 – The district level, through its DISTRICT
INVESTIGATION AND INTELLIGENCE BRANCH (DIIB) shall have the full responsibility and power to
investigate fire incidents with a total damages amounting to above Thirty Million Pesos (Php
30,000,000.00), but not exceeding to Forty Million Pesos (Php 40,000,000.00). DIIB operatives can
assume the conduct of investigation on fire incidents with damages amounting to more than 20 Million
Pesos in Municipal Levels only within their respective jurisdictions.
D. Provincial Fire Marshal – Provincial Limit, LEVEL 3 – The provincial level, through its
PROVINCIAL INVESTIGATION AND INTELLIGENCE BRANCH (PIIB) shall have the full responsibility and
power to investigate fire incidents with a total damages amounting to above Thirty Million Pesos (Php
30,000,000.00), but not exceeding to Forty Million Pesos (Php 40,000,000.00). PIIB operatives can
assume the conduct of investigation on fire incidents with damages amounting to more than 20 Million
Pesos in Municipal Levels only within their respective jurisdictions.
E. Regional Director for Fire Protection – Regional Limit, LEVEL 4 – The regional director
for fire protection level, through its REGIONAL INVESTIGATION AND INTELLIGENCE BRANCH (RIIB) shall
have the full responsibility and power to investigate fire incidents with a total damages amounting to
above Forty Million Pesos (Php 40,000,000.00), but not exceeding to Sixty Million Pesos (Php
60,000,000.00).
F. Chief, Bureau of Fire Protection – National, LEVEL 5 – The Chief, Bureau of Fire
Protection, through the office of the INVESTIGATION AND INTELLIGENCE DIVISION – BFP National
Headquarters (IID) shall have the full responsibility and power to investigate fire incidents with a total
damages amounting to above Sixty Million Pesos (Php 60,000,000.00).
- SPECIAL PROVISIONS ON CHAPTER VI OF THIS SOP:
Section 1. – In determination of the total damages incurred in a certain fire incident, the copy of
the AFFIDAVIT OF LOSS (duly notarized and itemized) from the fire victim shall prevail. The amount of
damages to be determined with regards to the Level of Authority to Conduct Investigation shall be the
TOTAL AGGREGATED DAMAGES or the TOTAL SUM OF DAMAGES of all fire victims of the subject fire
incident.
Section 2. – The fire damage estimate made by the investigating team / FAI shall not be the full
basis for determination of jurisdictional level of investigation. Be it noted that Aggregate Damages refers
to the total damage of the whole area burned, which will be used to determine the Level of Authority to
Conduct Investigation. In such circumstances that the damage to property is apparently high or
evidently beyond the level of authority of the present investigating units, the case shall be turned-over
to higher investigating unit.
Section 3. – In circumstances that the property gutted by fire is currently insured in any
insurance company, all copy of the duly accomplished SWORN STATEMENT OF LOSS submitted to the
INSURANCE ADJUSTERS by the fire victim must also FORM PART and be ATTACHED together with the
AFFIDAVIT OF LOSS submitted by the fire victim to the BFP investigating body.
Section 4. – In connection with the Level of Authority to Conduct Investigation, the concerned
office handling the investigation of the fire incident shall issue FIRE CLEARANCE CERTIFICATE (FCC) to the
fire victim in lieu of the Final Investigation Report (FIR), for purposes of insurance claims and for other
lawful applications. FCC can only be issued to fire incidents which is ACCIDENTAL in nature. (Please see
attached two forms of FCC, for insurance and non-insurance purpose – Annex J)
In such case that any BUILDING PREMISES WITH MULTIPLE OCCUPANCIES were gutted by fire,
the FCC should only be issued to the concerned party where the FIRE ORIGINATED. Other occupants
AFFECTED by the fire incident shall be issued with FIRE INCIDENT CERTIFICATION (FIC) for their record
purposes and other legal use upon request. (Please see attached two forms of FCC, for insurance and
non-insurance purpose – Annex K)
Section 5. – Issuance of the copy of the FIR to any concerned party can only be allowed in
circumstances that RELEVANT LEGAL ISSUES and or QUESTIONABLE MATTERS may arise. The request for
FIR should be made in writing by the requesting party and should be addressed to respective Chiefs of
BFP Offices / Fire Marshals who handled the conduct of investigation on the fire incident for their
appropriate action.
Section 6. – All written request for a copy of the FIR should COPY FURNISHED the Chief, Bureau
of Fire Protection with attention to the office of the IID – BFP National Headquarters, for documentary
reference.
VII. TURN OVER OF INVESTIGATION TO HIGHER HEADQUARTERS
Once a fire incident could be determined by the investigating body to be beyond their Level of
Authority to Conduct Investigation, the Conduct of Investigation, the conduct of investigation should be
immediately turned-over to the proper office concerned in a form of ENDORSEMENT, together with the
SIR and or PIR, to include all pertinent documents / attachments. (Please see attached standard
Endorsement form for reference – Annex L)
Any other recognized investigating body of the government cannot INTERCEDE in the conduct of
fire and arson investigation without formal communication to the concerned office handling the
investigation. The intercession of any investigating body of the government should have LEGAL
AUTHORITY in order to be allowed to conduct LATERAL INVESTIGATION in the investigation being
conducted by the BFP. In case that a CONTROVERSY INVOLVED and / or CONCERNING TO CONFLICTING
ISSUES arises in the conduct of investigation, subject fire incident case shall be turned over to the NEXT
LEVEL OF INVESTIGATING BODY for appropriate action and disposition. However, lower investigating
units are fully encouraged to resolve fire cases that fall within their respective Level of Authority.
In case that a fire incident resulted to a GREAT NUMBERS OF FATALITY / MULTIPLE DEATHS
(death of 10 persons and above), or any other issues concerning to the death of the fire victims, the
investigation of the subject fire incident upon the approval of the Chief BFP, should be turned over to
the office of the IID – BFP National Headquarters for appropriate action.
Any other fire incidents shall be immediately turned over to the higher headquarters for
investigation and completion of the Final Investigation Report upon the written order and direction of
the Chief, Bureau of Fire Protection.
VIII. FILING OF COMPLAINT PROCEDURE
If a prima facie evidence of arson is established or the case is suspected to be INTENTIONAL in
nature, the FAI concerned with the guidance of their respective City / Municipal Fire Marshal, should
IMMEDIATELY file the appropriate charge to the prosecutors office who has jurisdiction over the case
and the same must also be reported to the IID, BFP National Headquarters for further appropriate
disposition and guidance. (Please see attached Complaint Sheet for reference – Annex M)
Whenever death results in any fire incident identified to be INTENTIONAL in nature, the MOTIVE
for the commission of arson must immediately established in order to ascertain whether a crime of
MURDER qualifies. Murder cases committed thru the burning of one’s property may be referred to the
Philippine National Police for proper disposition. However, the FAI should still pursue the filing of the
arson case.
The FAI can immediately effect arrest on any suspect/s once such person is / are POSITIVELY
IDENTIFIED by a complaint or witnesses to be the one who perpetrated the commission of the crime
during the course of actual investigation, most specifically during the event of the actual fire incident,
and in accordance with the law.
The following rights of the arrested suspect shall be observed by the FAI during CUSTODIAL
INVESTIGATION as embodied under the provisions of R.A. 7438. The suspect shall be apprised of his
constitutional rights in accordance to Section 12, Article III, 1987 Constitution, to wit:
a. Any person under investigation for the commission of an offense shall have the right to
be informed of his right to remain silent;
b. To have competent and independent counsel preferably of his own choice;
c. If the person cannot afford to the services of counsel, he must be provided with one;
d. These rights cannot be waived except in writing and in the presence of a counsel.
All suspects, once arrested / invited by the FAI and determined to have the probability to
commit the crime must immediately be INQUEST to the city / municipal prosecutor before the lapse of
thirty six (36) hours or the legal regulated period.
The following are the special / supplemental guidelines for FAI in conducting arson investigation
and filing of complaint procedures:
- Arson is established by proving the corpus delicti, usually in the form of CIRCUMSTANCIAL
EVIDENCE such as the criminal agency, meaning the substance used, like gasoline, kerosene, or other
combustible materials which caused the fire. It can also be in the form of electrical wires, mechanical,
chemical or electronic contrivance designed to start a fire; or ashes or traces of such objects which are
found in the ruins of the burned premises.
- If the crime of ARSON was employed by the offender as a means to kill the offended party, the
crime committed is MURDER. The burning of the property as the MEANS to kill the victim is what is
contemplated by the word “fire” under Article 248 of the Revised Penal Code which qualifies the crime
to MURDER.
- When the burning of the property was done by the offender only to cause damage but the
ARSON resulted to the DEATH of the person, the crime committed is still ARSON because the death of
the victim is a mere CONSEQUENCE and not the INTENTION of the offender.
- There is no special complex crime of ARSON WITH HOMICIDE. What matters in resolving cases
involving arson is the CRIMINAL INTENT of the offender.
- When the burning of one’s property results from reckless imprudence and it leads to serious
physical injuries and / or damage to property of another, the penalty to be imposed shall not be for the
crime of arson under P.D. 1613 but rather, the penalty shall be based on Article 365 of the Revised Penal
Code as a felony committed by means of culpa – imprudence and negligence. (e.g. Reckless Imprudence
Resulted to Damage to Property / Reckless Imprudence Resulted to Serious Physical Injuries)
IX. GENERAL RESPONSIBILITIES
Section 1. – The respective Regional Directors for Fire Protection / District and Provincial Fire
Marshals / City and Municipal Fire Marshals shall supervise the proper implementation of this Standard
Operating Procedure to ensure that their subordinates will comply and respond effectively to the
requirements as stipulated in this Standard Operating Procedure.
Section 2. – City / Municipal Fire Marshals shall seek assistance from their respective District /
Provincial / Regional Investigation and Intelligence Offices or at the office of the Investigation and
Intelligence Division – BFP National Headquarters, if deemed needed.
Section 3. – As the highest fire and arson investigating agency of the Bureau of Fire Protection,
the Office of the Investigation and Intelligence Division – BFP National Headquarters shall have the
authority to monitor, evaluate, conduct of arbitrary verification to the fire cases and investigation
procedures conducted by the lower investigating units of the BFP. The aforementioned office may also
be sought to provide technical knowledge, assistance, suggestions and recommendations to lower
investigating units of the BFP.
X. RESCISION CLAUSE
All publications, memoranda and SOPs in which by any form or part found to be inconsistent
with this new Standard Operating Procedures are hereby rescinded.
XI. ADMINISTRATIVE SANCTION / PENALTY
All BFP personnel found violating any provision of this Standard Operating Procedure shall be
subjected to administrative action for neglect of duty / any other related charges (criminal), and if found
guilty, shall be immediately relieved from post.
Administrative sanctions shall be governed by the R.A. 6713, otherwise known as The Code of
Ethics and Professional Standards for Government Employees, other pertinent Civil Service Laws, Office
Rules, Regulations and Policies, without prejudice of filing criminal charges if evidence so warrants.
XII. SEPARABILITY CLAUSE
If for any reason, any part of this Standard Operating Procedure is declared as contrary to law,
the remainder hereof not affected shall continue to remain in force and effect.
SIGNED, this 18th day of September 2008 at the Bureau of Fire Protection National
Headquarters, Union Square Condominium, Nr. 145, 15th Avenue, Cubao, Quezon City, Philippines.
THIS STANDARD OPERATING PROCEDURE SHALL TAKE EFFECT IMMEDIATELY.
4. Administrative Matters (10%) ----------------------------------------------------------
RA 6975 and its IRR
December 13, 1990 Eighth Congress

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT OF

THE INTERIOR AND LOCAL GOVERNMENT, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. Title of the Act. – This Act shall be known as the "Department of the Interior and Local
Government Act of 1990."

Section 2. Declaration of Policy. – It is hereby declared to be the policy of the State to promote peace
and order, ensure public safety and further strengthen local government capability aimed towards the
effective delivery of the basic services to the citizenry through the establishment of a highly efficient and
competent police force that is national in scope and civilian in character. Towards this end, the State
shall bolster a system of coordination and cooperation among the citizenry, local executives and the
integrated law enforcement and public safety agencies created under this Act.

The police force shall be organized, trained and equipped primarily for the performance of police
functions. Its national scope and civilian character shall be paramount. No element of the police force
shall be military nor shall any position thereof be occupied by active members of the Armed Forces of
the Philippines.

Section 3. Promulgation of Comprehensive Policies by Congress. – Subject to the limitations provided in

the Constitution, the President shall recommend to Congress the promulgation of policies on public
order and safety to protect the citizenry from all forms of lawlessness, criminality and other threats to
peace and order.

CHAPTER I

THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG)

Section 4. The Department of the Interior and Local Government. – To carry out the policies and
purposes of this Act, the Department of Local Government is hereby reorganized into the Department of
the Interior and Local Government, hereinafter referred to as the Department, in accordance with the
provisions of this Act.

Section 5. Powers and Functions of the Department. – In furtherance of the objectives of this Act, the
Department shall continue to exercise the powers and functions of the Department of Local
Government in addition to the powers and functions as herein provided.

Section 6. Organization. – The Department shall consist of the Department Proper, the existing bureaus
and offices of the Department of Local Government, the National Police Commission, the Philippine
Public Safety College, and the following bureaus: the Philippine National Police, the Bureau of Fire
Protection, and the Bureau of Jail Management and Penology.
Section 7. Department Proper. – The Department Proper shall consist of the existing staff services as
provided for under Executive Order No. 262 and the following offices:

(a)Office of the Secretary. – The office of the Secretary shall consist of the Secretary and his immediate
staff; and

(b)Office of the Undersecretaries and Assistant Secretaries. – The Secretary shall be assisted by two (2)
Undersecretaries, one (1) for local government and the other for peace and order, at least one (1) of
whom must belong to the career executive service, and three (3) career Assistant Secretaries.

Section 8. Head of Department. – The head of the Department. – The head of the Department,
hereinafter referred to as the Secretary, shall also be the ex-officio Chairman of the National Police
Commission and shall be appointed by the President subject to confirmation of the Commission on
Appointments. No retired or resigned military officer or police official may be appointed as Secretary
within one (1) year from the date of his retirement or resignation.

Section 9. General Powers, Term of Office and Compensation of the Secretary. – The authority and
responsibility for the exercise of the Department's powers and functions shall be vested in the Secretary,
who shall hold office at the pleasure of the President and shall receive the compensation, allowances
and other emoluments to which heads of departments are entitled.

Section 10. Specific Powers and Functions of the Secretary. – In addition to his powers and functions as
provided in Executive Order No. 262, the Secretary as Department head shall have the following powers
and functions:

(a)Prepare and submit periodic reports, including a Quarterly Anti-Crime Operations Report and such
other reports as the President and Congress may require;

(b)Act as Chairman and Presiding Officer of the National Police Commission; and

(c)Delegate authority to exercise any substantive or administrative function to the members of the
National Police Commission or other officers of rank within the Department.

Section 11. Regional Offices. – The Department shall establish, operate and maintain a regional office in
each of the administrative regions of the country to implement the policies and programs of the
Department. Each regional office shall be headed by a regional director to be assisted by two (2)
assistant regional directors: one (1) for jail management and penology and another for fire protection in
addition to the present assistant regional directors of the Department of Local Government.

Section 12. Relationship of the Department with the Department of National Defense. – During a
period of twenty-four (24) months from the effectivity of this Act, the Armed Forces of the Philippines
(AFP) shall continue its present role of preserving the internal and external security of the State:
Provided, That said period may be extended by the President, if he finds it justifiable, for another period
not exceeding twenty-four (24) months, after which, the Department shall automatically take over from
the AFP the primary role of preserving internal security, leaving to the AFP its primary role of preserving
external security. However, even after the Department has assumed primary responsibility on matters
affecting internal security, including the suppression of insurgency, and there are serious threats to
national security and public order, such as where insurgents have gained considerable foothold in the
community thereby necessitating the employment of bigger tactical forces and the utilization of higher
caliber armaments and better armored vehicles, the President may, upon recommendation of the peace
and order council, call upon the Armed Forces of the Philippines to assume the primary role and the
Philippine National Police (PNP) to play the supportive role in the area concerned.

In times of national emergency, all elements of the PNP, the Bureau of Fire Protection, and the Bureau
of Jail Management and Penology shall, upon direction of the President, assist the Armed Forces of the
Philippines in meeting the national emergency.

The complementary relationship between the Department of the Interior and Local Government and the
Department of National Defense in any of the preceding eventualities shall be jointly prescribed by their
respective Secretaries in a memorandum of agreement that shall thereafter be published and
implemented.

CHAPTER II

THE NATIONAL POLICE COMMISSION

CHAPTER III

A. THE PHILIPPINE NATIONAL POLICE ORGANIZATION

CHAPTER IV

BUREAU OF FIRE PROTECTION

Section 53. Composition. – The Bureau of Fire Protection, hereinafter referred to as the Fire Bureau, is
hereby created initially consisting of the existing officers and uniformed members of the fire service of
the Integrated National Police as constituted under Presidential Decree No. 765.

Section 54. Powers and Functions. – The Fire Bureau shall be responsible for the prevention and
suppression of all destructive fires on buildings, houses and other structures, forest, land transportation
vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports,
petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of
the Fire Code and other related laws.

The Fire Bureau shall have the power to investigate all causes of fires and, if necessary, file the proper
complaints with the city or provincial prosecutor who has jurisdiction over the case.

Section 55. Organization. – The Fire Bureau shall be headed by a chief who shall be assisted by a deputy
chief. It shall be composed of provincial offices, district offices and city or municipal stations.

At the provincial level, there shall be an office of the provincial fire marshall which shall implement the
policies, plans and programs of the Department; and monitor, evaluate and coordinate the operations
and activities of the fire service operating units at the city and municipal levels. In the case of large
provinces, district offices may be established, to be headed by a district fire marshall.

At the city or municipal level, there shall be a fire station, each headed by a city or municipal fire
marshall: Provided, That, in the case of large cities and municipalities, a district office with subordinate
fire stations headed by a district fire marshall may be organized as necessary.

The Fire Chief shall recommended to the Secretary the organizational structure and staffing pattern, as
well as the disciplinary machinery for officers and men of the Bureau, in accordance with the guidelines
set forth herein and as provided in Section 85 of this Act.
The local government units at the city and municipal levels shall be responsible for the fire protection
and various emergency services such as rescue and evacuation of injured people at fire-related incidents
and, in general, all fire prevention and suppression measures to secure the safety of life and property of
the citizenry.

Section 56. Establishment of Fire Station. – There shall be established at least one (1) fire station with
adequate personnel, firefighting facilities and equipment in every provincial capital, city and
municipality subject to the standards, rules and regulations as may be promulgated by the Department.
The local government unit shall, however, provide the necessary and or site of the station.

Section 57. Qualification Standards. – The qualification standards of the members of the Fire Bureau
shall be as prescribed by the Department based on the requirement of the service.

Section 58. Rank Classification. – For purposes of efficient administration, supervision and control, the
rank classification of the members of the Fire Bureau shall be as follows:

Director
Chief Superintendent
Senior Superintendent
Superintendent
Chief Inspector
Senior Inspector
Inspector
Senior Fire Officer IV
Senior Fire Officer III
Senior Fire Officer II
Senior Fire Officer I
Fire Officer III
Fire Officer II
Fire Officer I
Section 59. Key Positions. – The head of the Fire Bureau with the rank of director shall have the position
title of Chief of the Fire Bureau. He shall be assisted by a deputy chief with the rank of chief
superintendent.
The assistant heads of the Department's regional offices with the rank of senior superintendent shall
assume the position title of Assistant Regional Director for Fire Protection as provided in Section 11 of
this Act; the heads of the NCR district offices with the rank of senior superintendent shall have the
position title of District Fire Marshall; the heads of the provincial offices with the rank of superintendent
shall be known as Provincial Fire Marshall; the heads of the district offices with the rank of chief
inspector shall have the position title of District Fire Marshall; and the heads of the municipal or city
stations with the rank of senior inspector shall be known as Chief of Municipal/City Fire Station.

CHAPTER V

BUREAU OF JAIL MANAGEMENT AND PENOLOGY

RA 9263 and its IRR

March 10, 2004 Twelfth Congress
AN ACT PROVIDING FOR THE PROFESSIONALIZATION OF THE BUREAU OF FIRE PROTECTION (BFP) AND
THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING CERTAIN, PROVISIONS OF
REPUBLIC ACT NO. 6975, PROVIDING FUNDS THEREOF AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Title. - This Act shall be known as the "Bureau of Fire Protection and Bureau of Jail
Management and Penology Professionalization Act of 2004."

SEC 2. Declaration of Policy and Principles. – It is declared policy of the state to maintain peace and
order, protect life, liberty and property, and promote the general welfare essential for the enjoyment by
all the people of the blessings of democracy (Article II, Section 5 of the Philippine Constitution)
Moreover it recognizes the responsibility of the state to strengthen government capability aimed
towards the strengthening of the delivery of basic services to the citizenry though the
institutionalization of highly efficient and competent fire and jail services.

It is provided for under Republic Act No. 6975, other wise known as the "Department of the Interior
and Local Government Act 1990", that the task of fire protection, and jail management and penology
shall be the responsibility of the Bureau of Fire Protection (BFP) and the Bureau of Jail Management and
Penology (BJMP), respectively.

Moreover, Section 3 of the Republic Act No. 8551, otherwise known as the "Philippine National Police
Reform and Reorganization Act of 1998", provides that in times of national emergency, BFP and the
BJMP along with the Philippine National Police (PNP) shall, upon the direction of the President, assist the
Armed Forces of the Philippines (AFP) in meeting the national emergency, in addition to the
performance of their inherent functions as mandated by law.

It is therefore recognized that the uniformed personnel of the BFP and the BJMP, as member of the
uniformed service of the government under the Department of the Interior and Local Government
(DILG), are required the same amount of sacrifice, service and dedication like their counterparts in the4
PNP and the AFP to carry out their respective duties to the extent of risking their lives and limbs.

Towards this end, the State shall provide for the Professionalization and restructuring of the BFP and the
BJMP by upgrading the level of qualifications of their uniformed personnel and standardizing their base
pay, retirement and other benefits, making it at par with those of the PNP and the AFP.

SEC. 3. Organization and Key Positions of the BFP and the BJMP. – The BFP and the BJMP shall be
respectively headed by a Chief who shall be assisted by two (2) deputy chiefs, one (1) for administration
and one (1) for operations, all of whom shall be appointed by the President upon recommendation of
the Secretary of the DILG from among the qualified officers with at least the rank of senior
superintendent in the service: Provided, that in no case shall any officer who has retired or is retirable
within six (6) months from his/her compulsory retirement age be appointed as Chief of the Fire Bureau
or Chief of the Jail Bureau, as the case may be, Provided, further, that the Chief of the Fire Bureau and
Chief of the Jail Bureau shall serve a tour of duty not to exceed four (4) years: Provided, however, that in
times of war or other national emergency declared by Congress, the President may extend such tour of
duty.

The Heads of the BFP and the BJMP with the rank of director shall have the position title of Chief of the
Fire Bureau and the Chief of the Jail Bureau, respectively. The second officers in command of the BFP
and the BJMP with the rank of chief superintendent shall have the position title of Deputy Chief for
Administration of the Jail Bureau, respectively. The third officer in command of the BFP and the BJMP
with the rank of chief superintendent shall have the position title of Deputy Chief for Operation of Fire
Bureau and Deputy Chief for Operation of the Jail Bureau, respectively. The fourth officers in command
of the BFP and the BJMP with the rank of chief superintendent shall have the respective position title of
Chief of Directorial Staff of the Fire Bureau and Chief of Directorial Staff of the Jail Bureau, who shall be
assisted by the directors of the directorates in the respective national headquarters office with at least
the rank of senior superintendent.

The BFP and the shall establish, operate and maintain their respective regional offices in each of the
administrative regions of the country which shall be respectively headed by a Regional Director for Fire
Protection and a Regional Director of Jail Management and Penology with the rank of senior
superintendent. He/She shall be respectively assisted by the following officers with the rank of
superintendent: Assistant Regional Director for Administration, Assistant Regional Director for
Operations, and Regional Chief of Directorial Staff.

SEC. 4. Professionalization and Upgrading of Qualification Standards in the Appointment of Uniformed

Personnel to the BFP and the BJMP. – No person shall be appointed as uniformed personnel of the BFP
and the BJMP unless he/she possesses the following minimum qualifications:

a) A citizen of the Republic of the Philippines;

b) A person of good moral character;
c) Must have passed the psychiatric/psychological, drug and physical test for the purpose of determining
his/her physical and mental health;
d) Must possess a baccalaureate degree from recognized institution of learning;
e) Must possess the appropriate civil service eligibility;
f) Must not have been dishonorably discharged of dismissal for cause from previous employment;
g) Must not have been convicted by final judgement of an offense or crime involving moral turpitude;
h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one meter and
fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver for height and age requirement \s
shall be automatically granted to applicants belonging to the cultural communities; and
i) Must weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding to
his/her height, age and sex;

Provided, That a new applicants must be less than twenty one (21) nor more than thirty (30 years of age:
except for this particular provision, the above–enumerated qualifications shall be continuing in
character and an absence of any one of them at any given time shall be ground for separation or
retirement from the service: Provided, further, That the uniformed personnel who are already in the
service upon the effectivity of this Act shall be given five (5) years to obtain the minimum educational
qualification and one (1) year to satisfy the weight requirement.

After the lapse of the time of period for the satisfaction of a specific requirement, current uniformed
personnel of the BFP and the BJMP who will fail to satisfy any of the requirements enumerated under
this Section shall be separated from the service if they are below fifty (50) years of age and have served
in the government for less than twenty (20) years, or retired if they are age fifty (50) and above and have
served in the government for at least twenty (20) years without prejudice in either case to the payment
of benefits they may be entitled to under existing laws.
SEC. 5. Appointment of Uniformed Personnel to the BFP and the BJMP. – The appointment of the BFP
and the BJMP shall be effected in the following manners:

a) Fire/Jail Officer I to Senior Fire/Jail Officer IV. – Appointed by the respective Regional Director for
Fire Protection and Regional Director for Jail Management and Penology for the regional office
uniformed personnel or by the respective Chief of the Fire Bureau and Chief of the Jail Bureau for the
national headquarters office uniformed personnel, and attested by the Civil Service Commission (CSC);

b) "Fire/Jail Inspector to Fire/Jail Superintendent. – Appointed by the respective Chief of the Fire
Bureau and Chief of the Jail Bureau, as recommended by their immediate superiors, and attested by the
CSC;

c) Fire/Jail Senior Superintendent. – Appointed by the Secretary of the DILG upon recommendation of
the respective Chief of the Fire Bureau and Chief of the Jail Bureau, with the proper attestation of the
CSC; and

d) Fire/ Jail Chief Superintendent. To Fire/Jail Director.- Appointed by the President upon
recommendation of the Secretary of the DILG, with the proper endorsement by the Chairman of the
CSC.

SEC. 6. Lateral Entry of Officer into the BFP and the BJMP. – In general, all original appointments of
officers in the Fire Bureau and Jail Bureau shall commence the rank of fire/jail inspector wherein
applicants for lateral entry into the BFP shall include all those with highly specialized and technical
qualifications such as, but not limited to, civil engineers, mechanical engineers, electrical engineers,
chemical engineers, chemist, architects, criminologists, certified public accountants, nurses, physical
therapists, and dentists, while applicants for lateral entry into the BJMP shall include all those with
highly specialized and technical qualifications such as, but not limited to, social workers, psychologists,
teachers, nurses, dentists and engineers. Doctor of Medicine, members of the Philippine Bar and
chaplains shall be appointed to the rank of fire/jail senior inspector in their particular technical service.
Graduate of the Philippine National Police Academy (PNPA) shall be automatically appointed to the
initial rank of fire/jail inspector.

SEC. 7. Professionalization and Upgrading of Qualification Standards in the Designation of Uniformed

Personnel of the BFP and the BJMP to Key Positions. -

a) No person shall be designated to the following key positions of the BFP and the BJMP unless he/she
has met the qualifications provided therein:

1) Municipal Fire Marshal. – Should have the rank of senior inspector, who must have finished at least
second year Bachelor of Laws or earned at least twelve (12) units in a master's degree program in public
administration, management, engineering, public safety, criminology or other related discipline from
recognized institution of learning, and must have satisfactory passed the necessary training of career
courses for such position as may be established by the Fire Bureau;

2) City Fire Marshal. - Should the rank of chief of senior inspector, who must have finished at least
second year Bachelor of Laws or earned at least twenty four (24) units in a master's degree program in
public administration, management, engineering, public safety, criminology or other related disciplines
from recognized institution of learning, and must have satisfactory passed the necessary training or
career courses for such position as may be established by the Fire Bureau;
3) District Fire Marshal, Provincial Fire Marshal, Assistant Regional Director for Administration,
Assistant Regional Director for Operations and Regional Chief of Directorial Staff. – Should have the
rank of superintendent, who must be a graduate of Bachelor of Laws or a holder of a mater's degree in
public administration, management, engineering, public safety, criminology or other related disciplines
from recognized institution of learning, and must have satisfactory passed the necessary training or
career courses for such position as may be established by the Fire Bureau;

4) District Fire Marshal for the National Capital Region, Regional Director for Fire Protection and
Director of the Directorate of the National Headquarters Office. – Should have at least the rank of
senior superintendent, who must be a graduate of Bachelor of Laws or a holder of master's degree in
public administration, management, engineering, public safety, criminology or other related disciplines
from a recognized institution of learning, and must have satisfactory passed the necessary training or
career course for such position as may be established by the Fire Bureau;

5) Deputy Chief for Administration of the Fire Bureau, Deputy Chief for Operations of the Fire Bureau
and Chief Directorial Staff of the Fire Bureau.- Should have the rank of superintendent, who must be a
member of the Philippine Bar or a holder of a master's degree in public administration, management,
engineering, public safety, criminology or other related disciplines from recognized institution of
learning, and must have satisfactory passed the necessary training or career courses for such as may be
established by the Fire Bureau; and

6) Chief of the Fire Bureau. – Should have the rank of director, who must be a member of the Philippine
Bar or a holder of a master's degree in public administration, management, engineering, public safety,
criminology or other related discipline from a recognized institution of learning, and must satisfactory
passed the necessary training or career courses for such position as may be established by the Fire
Bureau.

Any uniformed personnel of the BFP and the BJMP who is currently occupying such position but lacks
any of the qualifications mentioned therein shall be given three(3) years upon the effectivity of this Act
to comply with the requirements, otherwise he/she shall be relieved from the position.

SEC. 8. Professionalization and Qualifications Upgrading Program. – The DILG shall design and establish
a professionalization and qualifications upgrading program for uniformed personnel of the BFP and the
BJMP in coordination with the CSC and the Commission on Higher Education (CHED) though an off-
campus education program or other similar programs within ninety (90) days from the effectivity of this
Act.

SEC. 9. Attrition System for the Uniformed Personnel of the BFP and the BJMP. - There shall be
established a system of attrition for the uniformed personnel of the BFP and the BJMP within one (1)
year from the effectivty of this Act to be submitted by said bureaus to the DILG for approval. Such
attrition system shall include, but is not limited to, the provision of the following principles:

a) Attrition by Demotion in Position or Rank. – Any uniformed personnel of the BFP and the BJMP who
is relieved and assigned to a position lower than that is established for his/her grade in the respective
staffing pattern of the Fire Bureau and the Jail Bureau, and who shall not be assigned to a position
commensurate to his/her grade within two (2) years after such demotion in position shall be separated
or retired from the service;
b) Attrition by Non-Promotion. – Any uniformed personnel of the BFP and the BJMP who has not been
promoted for a continuous period of ten (10) years shall be separated or retired from the service, except
for those who are occupying a third-level position;

c) Attrition by Other Means. – Any uniformed personnel of the BFP and the BJMP with at least five (5)
years of accumulated active service shall be separated from the service based on any of the following
factors:

1) Inefficiency based on poor performance during the last two (2) successive semestral ratings period;
2) Inefficiency based on poor performance for three (3) cumulative semestral rating period;
3) Physical and/or mental incapacity to perform his/her duties and functions; or
4) Failure to complete the required career courses and/or appropriate civil service eligibility for his/her
position except for justifiable; and

d) Separation or Retirement from the Fire Bureau and the Jail Bureau under this Section. – Any
personnel who is dismissed from the BFP and the BJMP pursuant to the above-enumerated principles in
this Section shall be separated if he/she has rendered less than twenty (20) years of service, and be
retired if he/she has rendered at least twenty (20) years of service unless the concerned personnel is
disqualified by law to receive such benefits.
SEC. 10. Promotion System for the Uniformed Personnel of the BFP and BJMP. – Within six (6) months
after the effectivity of this Act, the DILG shall establish a system of promotion for the uniformed
personnel of the BFP and the BJMP though the following principles:

a) Rationalized Promotion System. – The system of promotion shall be based on merits and on the
availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system shall be gender-fair so
as to ensure that women personnel of the Fire Bureau and the Jail Bureau shall enjoy equal opportunity
for promotion as to men;

b) Requirement for Promotion. -

1) Any personnel of the BFP and the BJMP shall not eligible for promotion to a higher rank unless he/she
has met the minimum qualification standards or the appropriate civil service eligibility set by the CSC,
and has the satisfactorily passed the required psychiatric/psychological, drug and physical test;

2) Any personnel of the BFP and the BJMP who has exhibited act of conspicuous courage and gallantry at
the risk his/her life above and beyond the call of duty, or selected as such in a nationwide search
conducted by any accredited civic organization, shall be promoted to the next higher rank, Provided,
That these shall be validated by the DILG and the CSC based on established criteria.

SEC. 11. Performance Evaluation System. - There shall be established a performance evaluation system
which shall be administered with accordance with the rules, regulations and standards, and a code of
conduct for the uniformed personnel of the BFP and the BJMP to be promulgated by the Fire Bureau
and the Jail Bureau through the DILG. Such performance evaluation system shall be administered in such
a way as to foster the improvement of the individual efficiency and behavioral discipline as well as the
promotion of organizational effectiveness and commitment to service.

The rating system as contemplated herein shall be based on standard prescribed by the Fire Bureau and
the Jail Bureau through the DILG and shall be consider the result of the annual psychiatric/psychological
and physical test conducted on the uniformed personnel of the BFP and the BJMP.
SEC. 12. Standardization of the Base Pay, Retirement and other Benefits of the Uniformed Personnel
of the BFP and the BJMP. – In order to enhance the general welfare, commitment to service and
professionalism of the uniformed personnel of the BFP and the BJMP, they shall receive the minimum
starting salary equivalent to the salary grade level of the corresponding rank classification of their
counterparts in the PNP, as provided under Section 36 of Republic Act No. 8551, and in the AFP, as
provided under Section 2 of Republic Act No. 9166.

The rate of the base pay of the uniformed personnel of the BFP and the BJMP shall be adjusted in
accordance with the following salary grade schedule:

RANK SALARY GRADE

Fire/Jail Director 28
Fire/Jail Chief Superintendent 27
Fire/Jail Senior Superintendent 26
Fire/Jail Superintendent 25
Fire/Jail Chief Inspector 24
Fire/Jail Senior Inspector 23
Fire/ Jail Inspector 22
Senior Fire/Jail Officer IV 19
Senior Fire/Jail Officer III 18
Senior Fire/Jail Officer II 17
Senior Fire/Jail Officer I 16
Fire/ Jail Officer III 14
Fire/Jail Officer II 12
Fire/Jail Officer I 10

Provided, That all benefits currently receive by the uniformed personnel of the BFP and the BJMP under
existing laws shall continue to be received by them: Provided, Further, That their retirement pay shall be
subject to adjustment/s based on the prevailing scale of base pay of the uniformed personnel in the
active service.
SEC. 13. Implementation. – The implementation of this Act shall be undertaken in staggered phases, but
not to exceed three (3) years, taking into consideration the financial position of the national
government: Provided, That any partial implementation shall be uniform and proportionate for all ranks.

SEC. 14. Implementation Rules and Regulations. – The DILG in coordination with the BFP and the BJMP,
the CSC, the Department of Budget and Management (DBM), and the Department of Finance (DOF)
shall, within ninety (90) days from the effectivity of this Act, promulgate the rules and regulations
necessary to implement the provision of this Act.

SEC. 15. Annual Report. – The BFP and the BJMP through the DILG and the DBM shall jointly submit to
the President of the Senate and the Speaker of the House of Representatives an annual report on the
implementation of this Act. This report shall include information on the application of the budget for the
salary and other benefits provided under this Act. The DBM, in consultation with the BFP and the BJMP
though the DILG, shall periodically review and adjust every five (5) years the rates of base pay, taking
into consideration labor productivity, consumer price index, oil price and other similar economic
indicators as may be determined by the National Economic and Development authority (NEDA).

SEC. 16. Separability Clause.- If any portion or provision of this Act is declared unconstitutional, the
same shall not affect the validity and effectivity of the other provisions not affected thereby.
SEC. 17. Repealing Clause. – All laws, decrees, orders, rules and regulations, and other issuances, or
parts thereof, which are inconsistent with the provisions of this Act, are hereby deemed repealed,
amended or modified accordingly.

SEC. 18. Effectivity. – This Act shall take effect fifteen (15) days after its complete publication in the
Official Gazette or in at least two (2) newspapers of general circulation, whichever comes earlier.

Approved,
FRANKLIN DRILON
President of the Senate
JOSE DE VENECIA JR.
Speaker of the House of Representatives
This Act which is a consolation of Senate Bill No. 2373 and House Bill No. 6557 was finally passed by
the Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.
OSCAR G. YABES
Secretary of Senate
ROBERTO P. NAZARENO
Secretary General
House of Represenatives
Approved: March 10, 2004
GLORIA MACAPAGAL-ARROYO
President of the Philippines

RA 9592 and its IRR

May 08, 2009 Fourteenth Congress

AN ACT EXTENDING FOR FIVE (5) YEARS THE REGLEMENTARY PERIOD FOR COMPLYING WITH THE
MINIMUM EDUCATIONAL QUALIFICATION AND APPROPRIATE ELIGIBILITY IN THE BUREAU OF FIRE
PROTECTION (BFP) AND THE BUREAU OF JAIL MANAGEMENT AND PENOLOGY (BJMP), AMENDING
FOR THE PURPOSE CERTAIN PROVISION OF REPUBLIC ACT NO. 9263, OTHERWISE KNOWN AS THE
"BUREAU OF FIRE PROTECTION AND BUREAU OF JAIL MANAGEMENT AND PENOLOGY
PROFESSIONALIZATION ACT OF 2004" AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::

Section 1. - Section 4 of Republic Act No. 9263 is hereby amended to read as follows:

"SEC. 4. Professionalization and Upgrading of Qualification Standards in the Appointment of

Uniformed Personnel to the BFP and the BJMP. - No person shall be appointed as uniformed personnel
of the BFP and the BJMP unless he/she possesses the following minimum qualifications:

"a) A citizen of the Republic of the Philippines;

"b) A person of good moral character;

"c) Must have passed the psychiatric/psychological, drug and physical tests for the purpose of
determining his/her physical and mental health;

"d) Must possess a baccalaureate degree from a recognized institution of learning;

"e) Must possess the appropriate civil service eligibility;

"f) Must not have been dishonorably discharged or dismissed for cause from previous employment;

"g) Must not have been convicted by final judgment of an offense or crime involving moral turpitude;

"h) Must be at least one meter and sixty-two centimeters (1.62 m.) in height for male, and one meter
and fifty-seven centimeters (1.57 m.) for female: Provided, That a waiver for height and age
requirements shall be automatically granted to applicants belonging to the cultural communities; and

"i) Must weight not more or less than five kilograms (5 kgs.) from the standard weight corresponding to
his/her height, age and sex;

"Provided, That a new applicant must not be less than twenty-one (21) nor more than thirty (30) years
of age: except for this particular provision, the above-enumerated qualifications shall be continuing in
character and an absence of any one of them at any given time shall be a ground for separation or
retirement from the service: Provided, further, That the uniformed personnel who are already in the
service prior to the effectivity of this Republic Act No. 9263 shall be given another five (5) years to obtain
the minimum educational qualification and appropriate civil service eligibility to be reckoned from the
date of the effectivity of this act: Provided, furthermore, that concerned BFP and BJMP members who
have rendered more than fifteen (15) years of service at the time of the effectivity of this Act shall no
longer be required to comply with the aforementioned educational and eligibility requirements.
Likewise those personnel who have acquired National Police Commission (NAPOLCOM) eligibility prior
to the effectivity of Republic Act No. 9263 shall no longer be required to obtain the appropriate civil
service eligibility: Provided, finally, That within the five-year extension period stipulated herein, the issue
of whether or not the BFP shall be devolved to local government units shall be revisited by Congress,
and as circumstances demand, be immediately implemented.

"After the lapse of the time period for the satisfaction of a specific requirement, current uniformed
personnel of the BFP and the BJMP who will fail to satisfy any of the requirements enumerated under
this Section shall be separated from the service if they are below fifty (50) years of age and have served
in the government for less than twenty (20) years, or retired if they are from age fifty (50) and above
and have served in the government for at least twenty (20) years without prejudice in either case to the
payment of benefits they may be entitled to under existing laws."

Section 2. Section 10 of Republic Act No. 9263 is hereby amended as read as follows:

"SEC. 10. Promotion System for the Uniformed Personnel of the BFP and BJMP. - Within six (6) months
after the effectivity of this Act, the DILG shall establish a system of promotion for the uniformed
personnel of the BFP and the BJMP though the following principles:

"a) Rationalized Promotion System. - The system of promotion shall be based on merits and on the
availability of vacant ranks in the BFP and the BJMP staffing pattern. Such system shall be gender-fair so
as to ensure that women personnel of the Fire Bureau and the Jail Bureau shall enjoy equal opportunity
for promotion as to men;

"b) Requirement for Promotion. -

"1) Any personnel of the BFP and the BJMP shall not eligible for promotion to a higher rank unless
he/she has met the minimum qualification standards or the appropriate civil service eligibility set by the
Civil Service Commission (CSC), and has the satisfactorily passed the required psychiatric/psychological,
drug and physical test: Provided, however, That concerned BFP and the BJMP personnel who obrained
NAPOLCOM eligibility prior to the effectivity of Republic Act No. 9263 shall be considered to have
complied with the appropriate civil service eligibility requirement.

"2) Any personnel of the BFP and the BJMP who has exhibited act of conspicuous courage and gallantry
at the risk his/her life above and beyond the call of duty, or selected as such in a nationwide search
conducted by any accredited civic organization, shall be promoted to the next higher rank, Provided,
That these shall be validated by the DILG and the CSC based on established criteria."

Section 3. Implementing Rules and Regulations. - The Department of the Interior and Local Government
(DILG), in coordination with the BFP, the BJMP, the CSC and the Commission on Higher Education
(CHED), shall promulgate within sixty (60) days the necessary rules and regulations for the effective
implementation of this Act.

Section 4. Separability Clause. - If for any reason, any provision of this Act is declared to be
unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall
continue to be in full force and effect.

Section 5. Repealing Clause. - All laws, decrees, orders, rules and regulations and other issuances or
parts thereof which are inconsistent with this Act are hereby repealed, amended or modified
accordingly.

Section 5. Effectivity Clause. - This Act shall take effect upon its publication in at least two (2) national
newspapers of general circulation.

Approved,
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives
(Sgd.) JUAN PONCE ENRILE
President of the Senate
This Act which is a consolidation of Senate Bill No. 3085 and House Bill No. 6000 was finally passed by
the Senate and the House of Representatives on March 4, 2009 and March 5,2009, respectively.
(Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Represenatives
(Sgd.) EMMA LIRIO-REYES
Secretary of Senate
Approved: MAY 08, 2009
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines