PD 1096: National Building Code of the Philippines

​
​ Pursuant to the authority vested in the Secretary of the Department of Public Works and
Highways (DPWH) under Chapter 2 of the National Building Code of the Philippines (PD 1096),
the following Rules and Regulations are hereby promulgated and issued:

RULE I - GENERAL PROVISIONS

SECTION 101. Title
​ These Rules shall be known and cited as the “Revised Implementing Rules and
Regulations of the National Building Code of the Philippines (P.D. 1096)” and shall be referred
to as the “IRR”.

SECTION 102. Declaration of Policy

​ It is hereby declared to be the policy of the State to safeguard life, health, property, and
public welfare, consistent with the principles of sound environmental management and control;
and to this end, make it the purpose of the Code to provide for all buildings and structures, a
framework of minimum standards and requirements to regulate and control their location, site,
design, quality of materials, construction, use, occupancy, and maintenance.

SECTION 103. Scrope and Application

1.​ The scope of this IRR shall cover the following disciplines: architectural, civil/structural,
electrical, mechanical, sanitary, plumbing, and electronics. This shall also apply to the
design, location, siting, construction, alteration, repair, conversion, use, occupancy,
maintenance, moving, demolition of, and addition to public and private buildings and
structures, except traditional indigenous family dwellings, and those covered by Batas
Pambansa Bilang 220 otherwise known as the “Economic and Socialized Housing
Projects”.
2.​ Existing buildings or structures without appropriate building permits/certificates of
occupancy may be legalized and issued the necessary permits and certificates, provided,
they are made to conform to these rules and regulations. However, they shall be subject
to the imposition of penalties, surcharges, fines and other appropriate measures.
3.​ The applicable and consistent provisions of the allied professional codes and other
government agency codes as approved by the DPWH Secretary shall serve as the referral
codes of PD 1096 and this IRR.

SECTION 104. General Building Requirements

1.​ All buildings or structures as well as accessory facilities thereto shall conform in all
respects to the principles of safe construction and must be suited to the purpose for
which they are designed.
2.​ Buildings or structures intended to be used for the manufacture and/or production of
any kind of article or product shall observe adequate environmental safeguards.
3.​ Buildings or structures and all parts thereof as well as all facilities found therein shall be
maintained in safe, sanitary and good working condition.
SECTION 105. Site Requirements
The land or site upon which will be constructed any building or structure, or any
ancillary or auxiliary facility thereto, shall be sanitary, hygienic or safe. In case of sites or
buildings intended for use as human habitation or abode, the same shall be at a safe distance, as
determined by competent authorities, from streams or bodies of water and/or sources of air
considered to be polluted; from a volcano or volcanic site and/or any other building considered
to be a potential source of fire or explosion.

SECTION 106. Definitions

1. For purposes of this IRR, the following definitions shall apply:

ADDITION – Any new construction which increases the height and/or floor area of
existing buildings/structures.
AGENCY OF THE GOVERNMENT – Refers to any of the various units of the
government including a department, bureau, office, instrumentality, or government
owned or controlled corporation.
ALTERATION – Works in buildings/structures involving changes in the materials
used, partitioning, location/size of openings, structural parts, existing utilities and
equipment but does not increase the building height and/or floor area.
APPLICATION FORMS – A preformatted prescribed application form duly
accomplished and notarized by the respective design professional with validation
matrices related to other building rules and regulations.
APPLICANT/PERMITTEE – Any person, firm, partnership, corporation, head of
government or private institution, organization of any character applying for the
issuance of permits and certificates.
BUILDING OFFICIAL – the Executive Officer of the OBO appointed by the Secretary.
BUILDING PERMIT – A document issued by the Building Official (BO) to an
owner/applicant to proceed with the construction, installation, addition, alteration,
renovation, conversion, repair, moving, demolition or other work activity of a specific
project/building/structure or portions thereof after the accompanying principal plans,
specifications and other pertinent documents with the duly notarized application are
found satisfactory and substantially conforming with the National Building Code of the
Philippines (the Code) and its Implementing Rules and Regulations (IRR).
CODE – PD 1096, otherwise known as the National Building Code of the Philippines.
CONSTRUCTION – All on-site work done in the site preparation, excavation,
foundation, assembly of all the components and installation of utilities, machineries and
equipment of buildings/structures.
CONVERSION – A change in the use or occupancy of buildings/structures or any
portion/s thereof, which has different requirements.
DEMOLITION – The systematic dismantling or destruction of a building/structure, in
whole or in part.
DEPARTMENT – The Department of Public Works and Highways (DPWH).
EXECUTIVE DIRECTOR – The Executive Officer or Head of the NBCDO.
MOVING – The transfer of buildings/structures or portion/s thereof from original
location or position to another, either within the same lot or to a different one.
OFFICE OF THE BUILDING OFFICIAL (OBO) – The Office authorized to enforce
the provisions of the Code and its IRR in the field as well as the enforcement of orders
and decisions made pursuant thereto.
 REFERRAL CODES – The applicable provisions of the various agency and technical
professional codes that are supplementary to the Code.
RENOVATION – Any physical change made on buildings/structures to increase the
value, quality, and/or to improve the aesthetic.
REPAIR – Remedial work done on any damaged or deteriorated portion/s of
building/structure to restore to its original condition.
SECRETARY – Head or Chief Executive Officer of DPWH.
STAFF – The personnel of the National Building Code Development Office (NBCDO).

2. As used in this IRR, other words, terms and phrases enumerated in the Glossary hereof shall
have the meaning or definition correspondingly provided therein.

AN ACT ESTABLISHING A COMPREHENSIVE FIRE CODE

OF THE PHILIPPINES, REPEALING PRESIDENTIAL
DECREE NO. 1185 AND FOR OTHER PURPOSES
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 "Revised 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.
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.
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 publicway 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 order 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, 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 acts and omissions.
(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 a 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 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 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 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.

"Sec. 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.

Sec. 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 the function of the concerned local
government units.
 Sec. 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 facilities 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 procure 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 effectiveness of this act.

Sec. 13-D. Monitoring the Implementation of the Fire Code and the Amount
of the Fees Collected. - The Chief, BFP shall, within six (6) months 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 effectiveness 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.