1.

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; 2. Constructing gates, entrances and walkways to building components and yards, and temporary or permanent structures on public ways, which obstruct the orderly and easy passage of fire fighting vehicles and equipment;

3. Prevention, interference or obstruction of any operation of the fire service, or of duly organized and authorized fire brigades; 4. Obstructing designated fire lanes or access to fire hydrants; 5. 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;

6. Locking fire exits during period when people are inside the building; 7. Prevention or obstruction of the automatic closure of fire doors or smoke partitions or dampers; 8. 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; 9. Giving false or malicious fire alarms; 10. 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;

11. Abandoning or leaving a building or structure by the occupant or owner without appropriate safety measures; 12. 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 13. 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.

Sec. 12.0.0.1 - Sources of Income Sec. 12.0.0.2 - Fire Code Revenues Sec. 12.0.0.3 - Assessment Sec. 12.0.0.4 - Schedule of Fees and Fines Sec. 12.0.0.5 - Manner of Collection Sec. 12.0.0.6 - Designation of Collecting Officer Sec. 12.0.0.7 - Utilization Sec. 12.0.0.8 - Monitoring Sec. 12.0.0.9 - Local Taxes, Fees and Fines

1. Fees to be charged for the issuance of certificates, permits and licenses as provided for in Section 7 of RA 9514; 2. One-tenth of one per centum (0.10%) of the verified estimated value of buildings or structures to be erected, from the owner thereof, but not to exceed fifty thousand (PhP 50,000.00) pesos, at least fifty per centum (50%) to be paid prior to the issuance of the building permit, and the balance, after final inspection and prior to the issuance of the use and occupancy permit;

3. One-hundredth of one per centum (0.01%) of the assessed value of buildings or structures annually payable upon payment of the real estate tax, except on structures used as single family dwellings; 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.

1. Fire Code Construction Tax

Tax prescribed in Section 12.0.0.1(B) of this IRR.

2. Fire Code Realty Tax

Tax prescribed in Section 12.0.0.1(C) of this IRR.

3. Fire Code Premium Tax

Tax prescribed in Section 12.0.0.1 (D) of this IRR.

4. Fire Code Sales Tax

Tax prescribed in Section 12.0.0.1 (E) of this IRR.

5. Fire Code Proceeds Tax

Tax prescribed in Section 12.0.0.1 (F) of this IRR.

6. Fire Safety Inspection Fee

Fee charged for the conduct of Fire Safety Inspection equivalent to ten per centum (10%) of all fees charged by the Building Official, or by the Local Government or by other government agencies concerned in the granting of pertinent permits or licenses.

7. Storage Clearance Fee

Fee derived from storage of flammable and combustible materials.

8. Conveyance Clearance Fee

Fee derived from transporting flammable and combustible materials.

9. Installation Clearance Fee

Fee derived from installation of tanks and pipes of flammable and combustible substances and other fire protection system.

10. Other Clearance Fees

Fees derived from fireworks display, fumigation/fogging, fire drill, hotworks, and other clearances as provided under this IRR.

11. Fire Code Fine

Fees derived from imposition of administrative fines and penalties.

12. The account codes of the above classified taxes, fees/charges and fines shall be prescribed by the Commission on Audit (COA).

1. The assessment of Fire Code taxes, fees/ charges and fines as revenue is vested upon the BFP. The Chief, BFP shall prescribe the procedural rules for such purpose, subject to the approval of the SILG. 2. The C/MFM having jurisdiction shall assess the prescribed Fire Code revenues within his area of jurisdiction.

3. The Chief, BFP or his duly authorized representative shall exercise the general power to assess the prescribed Fire Code taxes, fees/charges and fines for installations, structures, facilities and operations not within the jurisdiction of any Fire Marshal or in any other conditions as the need thereto arises. 4. The result of the assessment shall be the basis for issuance of Order of Payment Slip (OPS) by the C/MFM having jurisdiction for purposes of collection and deposit.

are upon submission of a certification from the Department of Social Welfare and Development (DSWD).

are .

A. The BFP shall collect the prescribed Fire Code Revenues thru any of the following options: Direct payment thru Authorized Government Servicing Bank (AGSB) or Authorized Government Depository Bank (AGDB); Collection by collecting officers; and Other options that the Chief, BFP may later prescribe, subject to the existing accounting and auditing rules and regulations.

Order of Payment (OPS) Proposed Flowchart OPTION 1 OPTION 2

Guidelines for the 20% Fire Code Fees

B. In cases where direct payments using prescribed Special Bank Receipt (SBR) or other options are not yet adopted, all revenue collections shall have corresponding Official Receipt (OR) issued by the BFP. The collections shall be deposited to the AGSB or AGDB unless otherwise later prescribed.

C. The twenty percent (20%) of all revenues collected are set aside and retained for use of the local government concerned and collected by the BFP, shall be remitted to the escrow account of the City/Municipal government concerned. D. The eighty percent (80%) of all revenues collected by the BFP shall be remitted to the National Treasury under a trust account prescribed by the Department of Budget and Management (DBM).

E. All Fire Code taxes, fees, charges and fines collected by the City/Municipal Treasurer upon effectivity of RA 9514 and prior to the effectivity of its IRR shall be remitted to the Bureau of Treasury (BOT) within six (6) months from effectivity of IRR of RA 9514 to the Special Trust Fund Account of the BFP.

The Chief, BFP or the Regional Director concerned shall designate a Collecting Officer in every City and Municipal BFP office upon recommendation of their respective Fire Marshals.

% UTILIZATION OF REVENUES COLLECTED

20%

80%

For use of the Local Government For use of BFP in its Modernization Program

C. The BFP shall prepare progressive modernization plans for its capability building and resource allocation at the national, regional, provincial and city/municipal levels as well as determine among others, the optimal number of equipment, including, but not limited to firetrucks and fire hydrants, required by every local government unit for the proper delivery of fire protection services in its jurisdiction.

D. Standards shall be established and regularly updated to serve as guide in the procurement of the firefighting and investigation supplies and materials.
The Bureau of Product Standards (BPS) of the Department of Trade and Industry (DTI) shall evaluate, determine and certify if the supply so procured conforms to the product standards fixed by the BFP. For this purpose, the BFP shall submit to the BPS a detailed set of product standards that must be complied with in the procurement of firefighting and investigation supplies and materials within 6 months from the effectivity of this Act.

The Chief, BFP shall, within 6 months from the effectivity of this IRR, submit to the SILG for his/her approval, a management tool mechanism that would ensure effective monitoring of the enforcement of the Fire Code, to include the amount of fire code fees collected.
A. Every Fire Marshal shall keep a secured permanent recording system for efficient and effective accounting and monitoring of all collected taxes, fire code fees, fines and other charges. B. Detailed procedures in assessment, collection, monitoring/reporting shall be embodied in a manual of procedures to be approved by the SILG.

The collection and assessment of taxes, fees and fines as prescribed in the Local Government Code, except those contained in this Code, shall be the function of the concerned Local Government Units (LGU).

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,

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