Sec. 13.0.0.1 - General Guidelines Sec. 13.0.0.2 - Fixing of Fines Sec. 13.0.0.3 - Jurisdiction Sec. 13.0.0.

4 - General Procedures Sec. 13.0.0.5 - Public Nuisance Sec. 13.0.0.6 - Period for Collecting Violations Sec. 13.0.0.7 - Penalties for Specific Individuals

A. Fines
Before a fine is imposed, the violator shall first be informed of his violation/s and ordered to correct the same immediately, if feasible, or within a reasonable period of time as prescribed in Section 13.0.0.6 of this IRR. At the expiration of the period to comply the deficiency/deficiencies, a re-inspection shall be conducted to determine compliance. If compliance was not effected or if compliance does not conform to the required standards, the first violation is committed and the violator shall be fined and further ordered to effect the correction. Repeated failure on the part of the violator to effect corrections will constitute subsequent violations. Administrative fines shall be imposed for every violation.

B. Abatement 1. All fire hazards shall be abated immediately. Abatement is any act that would remove or neutralize a fire hazard. Such acts are specified in the Notice to Comply.

B. Abatement 2. Abatement includes, among others, any one or combination or all of the following:
Removal of the source of ignition; Rearranging or adjusting clearances or dimensions; articles within the minimum

Reduction in the amount/quantity of flammable, combustible and/or hazardous materials. Changes in procedure in the conduct of hazardous operation; Constructions to limit and control the spread of fire and smoke; Installation of fire protective and/or warning systems; and Remodeling, repairing, strengthening, reconstructing, removal and demolition, either partial or total, of the building or structure.

B. Abatement 3. Where there is inaction on the part of the violator, abatement may be made summarily by the BFP if this is the only recourse to remove the imminent danger to life and property and achieve fire safety. In this case, the provisions of Sections 9, 10 and 11 of RA 9514 applies.

C. Stoppage of Operations/Closure of Building shall be resorted to when the offender fails to comply with the abatement order. 2. Recourse to closure of the building and/or stoppage of operations may likewise be resorted to such that evacuation of the building or establishment and stoppage of operations therein are extremely necessary.

A. Administrative fines shall be determined as follows: 1. When the violation carries an administrative fine which has a rate per unit volume, weight or unit, the fine shall be computed by multiplying the weight/volume/unit by the rate.

A. Administrative fines shall be determined as follows: 2. Where the violation carries a fine within a certain range (for example, PhP 25,000.00 PhP 37,500.00), the fine increases with the number of times a violation of the same provision is committed: First violation the fine shall be the minimum amount in the range. Second violation the fine shall be the maximum amount in the range.

A. Administrative fines shall be determined as follows: 3. When two or more offenses are committed, the same procedures in para A 1 and 2 above shall be followed, but the fine shall be sum of all administrative fines; Provided, that the total fines shall not exceed PhP 50,000.00.

B. Failure to Pay Fine Failure on the part of the violator to pay the administrative fine within the period fixed in the Notice

A. Imposition of Fines 1. Fines up to PhP 30,000.00 shall be imposed by the C/MFM having jurisdiction. 2. Fines exceeding PhP 30,000.00 but not more than PhP 40,000.00 shall be imposed by the P/DFM having jurisdiction. 3. Fines exceeding PhP 40,000.00 up to PhP 50,000.00 shall be imposed by the RD having jurisdiction.

B. Stoppage of Operation/Closure of Buildings This penalty shall be imposed by the RD upon the recommendation of the C/MFM having jurisdiction thru channel. The implementation of this order may be delegated to the P/DFM having jurisdiction.

C. Declaration of Public Nuisance The declaration of a building, structure or facility as a public nuisance pursuant to Section 9 of RA 9514 shall be made by the Chief, BFP upon the recommendation of the C/MFM having jurisdiction thru channel.

D. Abatement 1. Orders for simple abatement such as removal of fire hazardous materials, removal of obstruction to exit ways or means of egress or similar actions that do not entail financial expenditures on the part of violator, shall be issued by the C/MFM having jurisdiction concerned. 2. Orders for abatement involving alteration, modification or repair of equipment, machinery, protective systems of buildings, structures, or facilities shall be issued by the P/DFM having jurisdiction.

D. Abatement 3. Orders for abatement involving condemnation and/or removal of defective machinery, equipment or protective system, or demolition, either partial or total, of buildings, structures or facilities shall be issued by the RD having jurisdiction. 4. Orders for the summary abatement of a building, structure, or facility declared as a public nuisance shall be issued by the Chief, BFP.

D. Abatement

. These expenses shall constitute a prior lien upon such property.

in the summary abatement from the completion of such abatement, and sold at public auction in accordance with existing laws and rules.

D. Abatement
No property subject of lien under Section 9 of RA 9514, 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. , subject to exception provided in Section 13.0.0.1 (General Guidelines).

Fire Safety Inspector

C/MFM

Owner/Bldg Administrator/Person Responsible

Submit Inspection Report

Issue NOTICE TO COMPLY

Comply with Requirements

Submit 1st ReInspection Report

Issue NOTICE TO CORRECT VIOLATIONS

Comply with Requirements

Submit 2nd ReInspection Report

Issue ABATEMENT ORDER

Comply with Requirements

Submit 3rd ReInspection Report

Recommend for Issuance of ORDER FOR STOPPAGE OF OPERATIONS/CLOSURE OF BLDG

Citation of the specific provisions of the Fire Code and its IRR that were violated; Specific actions/corrections that should be complied with; and Period of compliance not exceeding 15 days.

BACK

Issue Notice to Correct Violation/s to person responsible for the condition of the building/structure. Put up a sign in front of the building or structure that it is a fire hazard.

Impose the corresponding administrative fines for the violation/s. BACK

Issue Abatement Order to responsible for the condition building/structure.

person of the

Effect the continuous posting of sign in front of the building or structure that it is a fire hazard. Impose the administrative fines for the violation/s.
BACK

Effect the continuous posting of sign in front of the building or structure that it is a fire hazard. Recommend, through channel, to the RD for the issuance of an Order for Stoppage of Operations/Closure of Building;

BACK

E. During re-inspection under para B to D of this Section,

. In lieu thereof,

. For this purpose, the owner shall attach in his affidavit the contract of works, if any.

F. An Order to Pay Fine shall be issued immediately without the need of issuing a Notice to Comply/Correct Violations for the violations which shall be corrected immediately or within 24 hours as provided in Section 13.0.0.6 (Period for Correcting Violations.

Any building or structure assessed and declared by the C/MFM having jurisdiction as

shall be recommended for declaration as public nuisance to the Chief, BFP.

A. Imminent Danger 1. An establishment shall be declared an imminent danger ; 2. A danger if committed. 3. A danger if are committed. shall be declared imminent of the violations shall be declared imminent of the violations are

A. Imminent Danger
Insufficient exit width Absence of fire-resistive enclosure for main and secondary exit Swing of exit door against the flow of travel Obstructed/padlocked fire exit Absence/defective fire alarm and smoke detection system Absence/inadequate automatic battery-operated emergency light or illuminated exit signs Absence of standpipe system Absence of automatic fire suppression system

B. Procedures

to the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities. The notice shall contain the grounds relied upon in declaring the same as public nuisance. 2. Upon receipt of the notice, the administrator, occupant or other owner,

B. Procedures

a. If the of the nuisance or the amount to be spent in abating the same is the owner, administrator or occupant thereof shall abate the hazard from receipt of the order declaring said building or structure a public nuisance; or b. If the the owner, administrator or occupant thereof shall abate the hazard from receipt of the order declaring said building or structure a public nuisance. ,

B. Procedures

3. Failure to comply within 5 days from the receipt of the notice shall 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 , which

for the condition of the building, structure and their premises or facilities .

B. Procedures of the owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities , shall constrain the which shall include but not limited to remodeling, repairing, strengthening, reconstructing, removal and demolition, either partial or total, of the building or structure.

A. Immediately or within twenty four (24) hours 1. Obstructing or blocking the exit ways or access to building 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; 2. Prevention, interference or obstruction of any operation of the BFP, or of duly organized and authorized fire brigades.

A. Immediately or within twenty four (24) hours 3. Obstructing designated fire lanes or access to fire hydrant. 4. Overcrowding or admission of person beyond the authorized capacity in movie houses, theaters, coliseums, auditorium or other public assembly buildings except in other assembly areas on the ground floor with open sides or open doors sufficient to provide exits; 5. Locking fire exits during periods people are inside the building; when

A. Immediately or within twenty four (24) hours 6. Prevention or obstruction of the automatic closure of fire doors or smoke partitions or dampers; 7. Use of fire protective or fire fighting equipment of the Fire Service other than for fire fighting except in other emergencies where their use are justified. 8. Giving false or malicious fire alarms; 9. Smoking in prohibited areas as may be determined by the Fire Service, or throwing cigars, cigarettes, or burning objects in places which may start or cause fires;

A. Immediately or within twenty four (24) hours 10. 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; 11. Use of jumpers or tampering with electrical wiring or overloading the electrical system beyond its designed capacity or such other practices that tend to undermine the fire safety features of the electrical system;

A. Immediately or within twenty four (24) hours

12. Failure to observe fire safety precaution for the following:
Hot ashes, live coals and embers; Flammable paints, varnishes, stains and organic coatings; Flammable and combustible liquids or gases of any classification; Metallic magnesium in any form;
Blasting agents, explosives and special industrial, explosive materials, blasting caps, black powder, dynamic, nitrocellulose, fulminates of any kind, and plastic explosives containing ammonium salt or chlorate;

Liquid nitroglycerine and liquid trinitrotoluoene; Firework materials of any kind of form; Explosive dusts and vapors; Welding or soldering; Industrial/commercial baking and drying; Smelting and forging; or Refilling, distillation and solvent extraction of flammable/combustible liquids; and

13. Other violations similar to or of the same nature as any of the above, but not included in this listing, shall likewise be allocated the same period.

B. Within three (3) days 1. Constructing gates, entrances and walkways to building components and yards which obstruct the orderly and easy passage of fire fighting vehicles and equipment; 2. Abandonment or leaving a building or structure by the occupant or owner without appropriate safety measures; 3. Failure to submit copy of fire insurance policy within the prescribed time limit;

B. Within three (3) days

4. Failure to observe fire safety precaution for the following:
High piled or widely spread combustible stock; 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 materials compounds which when exposed to heat or flame become a lire conductor or generate excessive smoke or toxic gases; Matches in commercial quantities (more than 60 watchman's gross); Combustible waste materials for recycling or resale; Agricultural, forest, marine or mineral products which may undergo spontaneous combustion; Waste disposal of combustible materials; Pressurized/forced-draft burning equipment; or Motion picture projection using electrical lamp; and

5. Other violations similar to or the same nature as any of the above, but not included in this listing, shall likewise be allocated the same period.

C. Within seven (7) days 1. For failure to provide the precautions for the following: Combustible fibers; Cellular materials such as foam rubber, sponge rubber and plastic foam; Mineral, vegetable or animal oils and other derivative by-products. 2. Other violations similar to or of the same nature as any of the above, but not included in this listing, shall likewise be allocated the same period. fire safety

D. Within ten (10) days 1. Failure to provide fire walls to separate adjoining building, or warehouse and storage areas from other occupancies in the same building; and 2. Other violations similar to or of the same nature as any of the above, but not included in this listing, shall likewise be allocated the same period.

E. Within fifteen (15) days 1. Failure to provide, install and maintain the following:
Fire alarm system; Provision for confining the fire at its source such as fire resistive floor slab or roof, curtain boards and other fire containing or stopping components; A fire exit plan or diagram for each floor of the building showing the routes from each room to appropriate exits, displayed prominently on the door of each room; and Properly marked and lighted exits with provisions for emergency lights to adequately exit ways in case of power failure.

2. Failure to develop and implement a fire safety and education programs.

E. Within fifteen (15) days

3. Failure to provide on effect the following:
Fire protection features such as sprinkler systems, hose boxes, hose reels or standpipe system and other fire fighting equipment; Termination of all exits in area affording sale passage to a public way or safe dispersal area; Stairways, vertical shafts, horizontal exits and other means of egress sealed from smoke and heat; Self-closing fire resistive door leading to corridors; Fire dampers in centralized air-conditioning ducts; or Roof vents for use by fire fighters; and

4. Other violations similar to or of the same nature as any of the above, but not included in this listing, shall likewise be allocated the same period.

A. Against Private Person 1. Administrative Penalties a. The owner, administrator, occupant or other person responsible for the condition of the building, structure and their premises or facilities who violates any provision of the Fire Code or any of its implementing rules and regulations shall be penalized by: i. Administrative fine not exceeding PhP 50,000.00; or ii. Stoppage of operations or closure of such buildings, structures and their premises or facilities which do not comply with the requirements; or iii. Both such administrative fine and closure of building/stoppage of operations to be imposed by the proper authorities.

A. Against Private Person 1. Administrative Penalties

Provided that, payment of the fine, stoppage of operations and/or closure of such buildings, structures, and their premises or facilities shall .

A. Against Private Person 2. Punitive Penalties

a. 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: i. Imprisonment of not less than 6 months nor more than 6 years; or ii. By a fine of not more than PhP 100,000.00; or iii. Both such fine and imprisonment.

A. Against Private Person 2. Punitive Penalties

Provided, however, that in the 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:

A. Against Private Person 2. Punitive Penalties

b. Any person who, without authority, placed by the authorized Code shall be liable for in the discretion of the court. c. Any person, who , shall be penalized with .

person

in

this

A. Against Private Person

3. In all cases mentioned above, regardless of whether the violation is categorized as administrative or punitive,

B. Against Public Officer 1. Administrative Penalties The acts or omissions enumerated under para 2 (A) of Section 11 of RA 9514 shall render the public officer/employee in charge of the enforcement of the Fire Code, its implementing rules and regulations and other pertinent laws, at the discretion of the disciplining authority, depending on the gravity of the offense.

B. Against Public Officer 2. Punitive Penalties In case of willful violation involving the abovementioned acts or omissions enumerated under para 2(A) of Section 11 of RA 9514, the

such imprisonment. Provided that

fine

and