2022 06 MC 2022 015 Intensifying
2022 06 MC 2022 015 Intensifying
I. REFERENCES
II. SCOPE
III. RATIONALE
Section 2 of RA 9514 expressly states that 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. In addition, it is the mandate of the Bureau of Fire
Protection to adhere to the highest degree the public safety considering
that life and hard-earned properties are at stake.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
V. POLICIES
A. JURISDICTION
1. Jurisdiction of the City/Municipal Fire Stations . The City/municipal Fire Marshal shall
conduct building plan evaluation/fire safety inspections thru his/her duly designated Building
Plan Evaluators/Fire Safety Inspectors. The building plan evaluation/fire safety inspection
shall be limited to the following:
a) Buildings, structures, or facilities and their premises during construction,
renovation, or modification to determine whether the approved plans are followed
and safety measures are observed in the working areas.
b) Buildings, structures or facilities and their premises after completion of
constructions, renovation , or modification and prior to the issuance of Certificate of
Occupancy by the Building Official to determine compliance with approved plan and
with the working condition of the installed fire protective and/or warning system, if
any.
c) Buildings, structures, or facilities and their premises in connection with their
application for permits and/or licenses with the local governments or other
government agencies, and during their on-going operations.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
A. JURISDICTION CONTINUATION……..
b) Buildings, structures, or facilities and their premises processing for alternative and/or remedial
fire safety measures as head of the Composite Evaluation Team.
c) All highly technical transactions that require technical knowledge and expertise such as National
and Inter-Regional projects (i.e. Subway, Elevated Walkway, Railway, Liquid Natural Gas
projects) and other projects with the same nature.
d) Issues/conflicts between the client and the BFP field offices and raised to the National Headquarters. Both
parties shall be requested to the National Headquarters through formal letter, email or phone call to further
study, review and evaluate the issues/conflicts raised. Moreover, queries/clarifications, issues/concerns of
clients on the implementation of the RA 9514 and its RIRR which are directly referred to the National
Headquarters can be accommodated by the latter. Provided, that it had not undergone evaluation by the
lower units except if the Chief, BFP take cognizant on the matter and issue directives to re-evaluate/re-
inspect/re-assess the findings of the lower units.
e) Random validation of the administrative action taken in the field offices to determine if the procedure has
been properly observed.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
1. The City/Municipal Fire Marshal (the Chief, BFP or his duly authorized representative in the case
of national projects or highly technical applications) shall review, evaluate and assess plans,
design calculations and specifications, and issue the necessary building Fire Safety Evaluation
Clearance (FSEC) as a prerequisite for the issuance of Building Permit by the Office of the
Building Official, upon determination that design and specification is in accordance with RA 9514
and its RIRR.
2. 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 RA 9514 and
its RIRR. The Fire Safety Checklist on Building Plans shall be used to facilitate the checking of
building plan. The evaluated plans and the corresponding Fire Safety Checklist on Building Plans
shall be submitted to the Chief, Fire Safety Enforcement Section/Unit for review and
recommendation to the City/Municipal Fire Marshal having jurisdiction.
3. The City/Municipal Fire Marshal having jurisdiction upon evaluation of the recommendation will
either issue FSEC or Notice of Disapproval (NOD), as the case may be, and upon payment by the
owner/authorized representative of Fire Code Construction Tax and other appropriate Fire Code
Fees.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
6. The procedure for securing FSEC shall be in accordance with the BFP
Citizen’s Charter.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
SUSPENSION OF COC
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
2. In case, no FSEC was presented during inspection shall cause the issuance of
administrative fine and Notice to Comply following the two (2) notice rule as
prescribed under Rule 13 of the RIRR of RA 9514.
3. In case welding, cutting, and other hot work operation is present during the
inspection, Fire Safety Clearance shall be required from the concerned contractor.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
1. Fire safety inspection must be conducted promptly to all buildings, structures, and their premises or
facilities, ensuring that the fire safety requirements under Rule 10 of the Revised Implementing Rules
and Regulations (IRR) of RA 9514 are strictly complied with.
2. To ensure that there will be no backlogs, City/Municipal Fire Marshal shall come up with a feasible
plan or the target number of registered business establishments within their AOR to undergo fire
safety inspection per month. Hence, a routinary fire safety inspection of all occupancies within the
area of responsibility shall be conducted by the respective City/Municipal Fire Marshal or his
authorized representative, and he/she shall ensure that all inspections shall have been completed
before the end of the year.
3. The City/Municipal Fire Marshal shall ensure that an inspection is actually conducted as he is the
primary official responsible therefor in the event of any failure or lapses to conduct the same.
5. Fire safety inspection shall be conducted during the actual operation of the business
establishment or any structure, facilities, and hazardous operation.
6. During the inspection, testing and commissioning of all fire safety systems, the Fire
Code Sales Tax shall be collected before the issuance of FSIC for Certificate of
Occupancy.
7. After the conduct of fire safety inspection, the City/Municipal Fire Marshal or it
authorized representative shall immediately prepare the After Inspection Report (AIR), a
copy of which attached with a copy of the consumer guide is to be given to the
establishment/building/structure/facility owner, occupant, or any duly authorized
representative before leaving the premises. A copy of the signed AIR by the
City/Municipal Fire Marshal shall be given to the owner, occupant, or any duly
authorized representative upon issuance of notices or certificates.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
11. No fire safety inspection shall be conducted on all business establishments, structures, and
facilities renewing for certificates and licenses during One-Stop Shop period considering that the BFP
was given three-month period for the issuance of Business permit to conduct validation inspection,
except in cases, which poses hazards or threats requiring immediate action or when there is a
complaint.
12.During the observance of Yuletide season, regular fire safety inspection is temporarily suspended
from the 15th day of December up to the 5th day of January of the next year. However, said
suspension shall not affect the conduct of inspection of the following establishments:
13.Fire safety inspection shall comply with the standard processing time for simple, complex, and
highly technical transactions adopted in the BFP Citizen’s Charter.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
AFTER
INSPECTION
REPORT
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
4. For the new construction, new building, structure or facility applying for FSEC, Installation clearance shall
no longer be required, provided that all architectural documents, civil documents, electrical documents,
mechanical documents, plumbing documents, electronics documents, sanitary documents and fire
protection documents together with the estimate value of the building/structure or facilities (materials and
labor cost) were submitted. Documents refers to design plans calculations and specifications signed and
sealed by the designer. Incomplete documents shall return immediately to the owner/representative
together with the Notice of Disapproval stating the deficiency/ies of the building, structure or facility. The
installation fee shall no longer be charged because it was already covered by the Fire Code Construction
Tax which is 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) during FSEC application.
5. Existing buildings, structures or facilities required to install utilities, smoke control systems, elevators,
escalators, all fire protection and warning systems, installation clearance shall be required as a prerequisite
for the issuance of permits required by law. This falls under stand-alone application.
6. No Installation Clearance shall be issued without the signature of the Chief, Fire Safety Enforcement
Section/Unit and the City/Municipal Fire Marshal.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
g) To conduct re-inspection required under Section 13.0.0.4 of the RIRR of RA 9514; and
h) Other inspections that may be issued by the duly authorized representative of the Chief, BFP for
the purpose of the enforcement of RA 9514 and its RIRR.
2. Issuance
All fire safety inspection conducted by any BFP office and personnel duly authorized to perform
inspection shall be covered by an Inspection Order (IO) issued for the specific purpose and place to
be inspected. The IO should not contain any all-embracing purpose such as "valid for inspections of
any building, business, commercial or industrial establishments within area of jurisdiction".
3. Format
The ISO enrolled form of the IO shall be used and no inspection shall be conducted using any other
form of IO not conforming thereto. The IO shall contain the names of Fire Safety Inspectors (FSIs)
who shall conduct the inspections, and no inspection shall be performed by any personnel whose
name is not indicated therein and/or any other unauthorized personnel be allowed to participate in
the inspection.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
4. Administrative Control
FIRE SAFETY
INSPECTION
ORDER
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
1. The result of actual inspection conducted under issued IO shall be duly recorded in the prescribed and standard
form for AIR which shall be accomplished by the FSI upon conclusion of his inspection and a copy of which
shall be given to the building/establishment owner, occupant, or any duly authorized representative before
leaving the premises of the building/structure/facility inspected.
2. The AIR shall be accomplished in three (3) copies, 1st for BFP, 2nd for the Building Official or Business
Licensing Office, as the case maybe, and 3rd for the owner/administrator).
3. In case the AIR is refused to be signed, the FSI should write the phrase "REFUSED TO SIGN" over the portion
of the AIR where the name and signature of the receiving party is indicated.
4. In case the AIR is not accepted, the FSI may leave the copy to the guard or any occupant of the place found
therein with sufficient discernment or understanding, or may send it by registered mail, in cases where personal
service cannot be made upon the addressee, or upon his representative or any other occupant of the place
inspected.
5. The FSI shall submit a copy of the AIR to the Chief, FSES/Unit within three (3) days after the conduct of the fire
safety inspection.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
4. During re-inspection after the lapse of the prescribed period to comply provided
for under the Notice to Comply or Notice to Correct Violations, if initial compliance
is effected by the owner, the Notice to Correct Violations or Abatement Order may
not be issued. In lieu thereof, the owner may be allowed to execute an Affidavit of
Undertaking, specifically containing, among others, the period of completion of
work, which shall not exceed up to a period of six (6) months. However, after
determination of City/Municipal Fire Marshal concerned, if a longer period is
required for its completion, it may be extended for another duration not exceeding
six (6) months. An approved affidavit of undertaking is not merited for the
issuance of FSIC. In addition, failure on the part of the violator to pay the
administrative fine within the period fixed in the Notice shall constitute a ground
for the issuance of a Closure Order for the building or the portion thereof.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
5. The FSIC issued during the Certificate of Occupancy stage is already sufficient as a
basis for issuance of the FSIC for Business Permit or Certificate of Annual Inspection
(new), subject to the following conditions:
a) The nature of occupancy of the issued FSIC for occupancy is the same with that of
the intended purpose for business operation.
b) The Business Permit or Certificate of Annual Inspection (new) is filed within nine (9)
months from the issuance of the Certificate of Occupancy.
c) That owner/applicant shall execute an affidavit of undertaking that there had been no
substantial changes made on the building/establishment from the time it was issued with
FSIC for Certificate of Occupant.
d) That owner/applicant shall pay the appropriate fire safety inspection fee for Business
Permit or Certificate of Annual Inspection Application, wherein the City/Municipal Fire
Marshal shall be given a period of three (3) months from the issuance of Business
Permit or Certificate of Annual Inspection Application to conduct the validation/
inspection.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
6. PEZA registered enterprises which are also required to secure Business Permit shall be inspected only once,
either during application for FSIC for Business Permit of FSIC for Certificate of Annual Inspection. The FSIC
for Business Permit or for Certificate of Annual Inspection, whichever is the later issuance, shall be a sufficient
basis for Philhealth accreditation and the like, without the need of issuing another FSIC.
7. Pursuant to Section 309 (4)(a) of the Implementing Rules and Regulations of the National Building Code of
the Philippines, a partial Certificate of Occupancy may be issued for the use of occupancy of a portion or
portions of a building or structure prior to the completion of the entire building or structure, through the proper
phasing of its major independent portions without posing hazards to its occupants, the adjacent building
residents and general public. Consistent with this, the City/Municipal Fire Marshal may issue the appropriate
FSIC consistent with the portion or portions of a building or structure which is being applied for the Certificate
of Occupancy, provided that all fire safety requirements in the Revised Implementing Rules and Regulations
of RA 9514 and other requirements Fire Safety Checklist are already installed and operational on the subject
application for the Partial Certificate of Occupancy (e.g. a 5-storey building applying for its ground floor only,
the FSIC issued shall specify, “Ground Floor only of the 5-storey Building”).
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
8. All FSICs for business/ permit to operate/ Certificate for Annual Inspection shall
have a validity of one (1) year from the date of issuance unless revoked/canceled for
justifiable cause in accordance to rule 13 of the RIRR of RA 9514.
10. The procedure for securing FSIC shall be in accordance with the BFP Citizen’s
Charter.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
12. The procedure for securing FSIC shall be in accordance with the
BFP Citizen’s Charter.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
I. PERIOD
All BFP personnel shall follow below the processing time for simple,
complex and highly technical transaction:
J. PROTEST
1. The procedure for filing a protest shall be in accordance with Section 14.0.0.1 of the RIRR of RA
9514.
2. Any party aggrieved by the action(s) or findings of the City/Municipal Fire Marshal may challenge
the same by filing a VERIFIED PROTEST to the Office of the Provincial Fire Marshal or District Fire
Marshal, as the case may be, within five (5) days from receipt of a notice or order. In case the action
to be protested is rendered by a Provincial Fire Marshal or District Fire Marshal, the same shall be
filed before the Office of the Regional Director.
3. Any request for reconsideration, request for extension of time to comply, and such other matters
pertaining to the issued notice or order shall be treated as a protest, hence shall conform to the
requirement as to form herein prescribed and pay the corresponding protest fee.
4. No protest shall be given due course without the payment of a non-refundable protest fee as
indicated in the schedule of fees, the Official Receipt of which shall be attached to the protest.
Payment shall be made at the fire station whose findings is the subject of the protest.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
J. PROTEST CONTINUATION….
7. The protest is verified by an affidavit that the affiant has read and understood the contents
thereof and that the allegations therein are true and correct of his personal knowledge or
based on authentic records. An unverified protest shall be considered unsigned, produces no
legal effect, and results to the outright dismissal of the protest.
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
J. PROTEST CONTINUATION….
8. In addition, the protestant shall likewise certify under oath that: (1) protestant has not theretofore commenced
any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and to the
best of his knowledge, no such other action or claim is pending therein; (2) if there is such other pending action
or claim, a complete statement of the present status thereof; (3) and if he should thereafter learn that the same
or similar action or claim has been filed or is pending, he shall report such fact within five (5) days to the office
where the protest is filed.
9. Failure to comply with the foregoing requirements shall be a ground for the outright dismissal of the protest.
10. Upon receipt of the protest, the concerned District/Provincial Fire Marshal or Regional Director may require
the concerned fire marshal to forward all the necessary records which shall include the Inspection Order (IO),
After Inspection Report (AIR) and such other documents that may aid the prompt disposition of the case.
11. The protest shall be resolved within a period of fifteen (15) days from receipt of the complete records of the
case.
1. PROTEST
(FILED TO THE DISTRICT/PROVINCIAL FM)
Considered as
Requirements Content Attachments Outright Dismissal
Protest
• Verified Protest • name and address • Official Receipt
• Proof of Payment • Failure to comply • request for
of the protestant; • Certified True
of Protest Fee. with the reconsideration
• Notice or order Copy of the
foregoing
being protested; Notice or Order • request for
requirements
• name and office • Affidavit extension of
address of the fire • Verification and time to comply
marshal who Certification of
issued the notice Non-Forum
or order; Shopping
• Such other
matters and
information
pertinent and
relevant to the
proper resolution
of the protest.
PROTEST PROCEDURES
District/
Provincial FM
• Within 5 days
• File District/ Provincial FM • Require all documents from FM
concerned that may aid prompt
disposition of the case
• Resolve within 15 days from
File Verified receipt of complete records
Protest
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
K. APPEAL
1. The procedure for filing an appeal shall be in accordance with Section 14.0.0.2 of the RIRR of RA 9514.
2. Resolutions by the Provincial Fire Marshal, District Fire Marshal or the Regional Director over a protest
may be challenged by filing a verified appeal to the next higher authority within five (5) days from the
receipt of the decision or resolution appealed from. The decision of the Regional Director in the exercise of
its appellate jurisdiction shall be final and executory, except decision on closure order in which case said
decision may be appealed to the Chief, BFP then to the Secretary of the DILG.
3. No appeal shall be given due course without the payment of a non-refundable appeal fee as indicated in
the schedule of fees, the Official Receipt of which shall be attached to the appeal. Payment shall be made
at the fire station whose findings is the subject of the appeal.
4. Upon receipt of the appeal, the appellate authority may require the lower unit concerned to submit its
comment on the appeal and the submission of the entire records of the case.
5. The appeal shall be resolved within a period of thirty (30) days from receipt of the complete records of the
case, except when appeal is taken to the DILG.
2. APPEAL TO THE REGIONAL DIRECTOR
Decision of the
Requirement Attachment
RD
• Require the
• File verified • Require all lower unit to • Require the
documents from • File Verified • Require the
protest submit lower unit to
FM concerned Appeal comments on lower unit to submit
• Proof of that may aid • Attach the appeal and submit comments on
Payment prompt Official submit all comments on the appeal and
• 5 days disposition of Receipt records of the the appeal submit all
the case case records of the
and submit
• Resolve within • Final and case
15 days from
all records
executory • Final and
receipt of decision (except
of the case
executory
complete for closure decision
records order)
DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT
BUREAU OF FIRE PROTECTION
VI. PENALTIES
If any provision of this Circular is declared invalid & unconstitutional, the other provisions not affected thereby shall
remain valid and subsisting.
All memoranda, circulars, and other issuances inconsistent herewith or contrary to the provisions of Circular are
hereby repealed and/or modified accordingly.
IX. EFFECTIVITY
THANK YOU!!!