Republic of the Philippines

Department of the lnterior and Local Government

BUREAU OF FIRE PROTECTION
DILG NATIONAL HEADQUARTERS
Agham Road, Sitio San Roque, Brgy. Bagong pag-asa, euezon City
Telephone Number: (02) 426 - 3B1Z
Email: ofc@bfp.qov.ph

16 JUNE 2022
Date
MEMORANDUM CIRCULAR
NO. zozz-or s

INTENSIFYING FIRE SAFETY ENFORCEMENT IN THE BUREAU OF FIRE

PROTECTION AND INSTITUTIONAL]ZING STANDARD PROCESS IN THE
CONDUCT OF INSPECTION AND DEFINING ACCOUNTABILITIES OF
CONCERNED BFP PERSONNEL IN THE ISSUANCE OF FIRE SAFETY
EVALUATTON CLEARANCE (FSEC), FIRE SAFEW INSPECTION CERTTFTCATE
(FS!C) AND F|RE SAFEry TNSTALLATTON CLEARANCE AND STANDARD
OPERATING PROCEDURES IN THE PREPARATION OF INSPECTION ORDER
AND AFTER INSPECTION REPORT

I. REFERENCES

a. RA 9514 and its Revised lmplementing Rules and Regulations (RIRR);

b. RA 11032;
c. DILG-DICT-DTI JMC No. 01 Series of 202'1 dates 13 April 2021 entifled
"Guidelines for Processing Business Permits, Related Clearances and
Licenses in ALL cities and Municipalities",
d. DILG-DPWH-DICT-DTI Amended Joint Memorandum Circular No.
2021-01 Series of 2021 entitled "Amending the D|LG-DPWH-D|CT-DTI
Joint Memorandum Circular 2018-01 or the Guidelines in the Processing
of Construction-Related Permits";
e. DILG Memorandum Circular No.201 1-05 dated 4 January 2011 re..
lntensifying Fire Safeg Enforcement in The Bureau of Fire Protection
and lnstitutionalizing Standard Processes in The Conduct of lnspection
and Defining Accountabilities of Concerned BFP Personnel in The
lnspection and lssuance of Fire Safety lnspection Certificate; and
f. Findings of the DILG-Baseline Assessment of lnternal Audit Control
System (BAICS) dated 03 June 2022.

t!. scoPE
This circular covers the additional guidelines to be observed in the conduct
of fire safety inspection and issuance of the Fire Safety Evaluation Clearance
(FSEC), Fire Safety Inspection Certificate (FSIC) and Fire Safety lnstallation
Clearance; and preparation of lnspection Order (lO) and After lnspection
Report (AlR) by all BFP personnel to all buildings, facilities, or structures and
their premises.

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III. RATIONALE

Section 2 of RA 9514 expressly states thal the State shall enforce all laws,
rules and regulations to ensure adherenee to standard fire prevention and
safety measures, and promote accountability in the fire protection and
prevention service. ln 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.

However, numerous reports and complaints reached the National

Headquarters on the violations of some personnel relative to the fire safety
inspection and issuance of the Fire Safety Evaluation Clearance (FSEC), Fir6
Safety lnspection Certificate (FSIC), and Fire Safety lnstallation Clearance.
said concerns were also reported by the DILG-lnternal Affairs thru its Baseline
Assessment of lnternal Control System (BAICS). Hence, this memorandum
circular would guide all the BFP personnel in ensuring that all fire safety
requirements provided under RA 9514 and its RIRR and other related laws
are duly complied with prior to the issuance of clearances/certificates.

IV. PURPOSE, GOAL AND OBJECTIVES

This Memorandum Circular is issued to ensure that all BFp personnel are
well-guided in the enforcement of RA 95'14 and its RIRR specifically on the
conduct of fire safety inspection; issuance of the FSEC, FSIC and Fire Safety
lnstallation Clearance; preparation of lO and AIR; and the jurisdiction of the
National Headquarters, Regional/Provincial/District Offices and the
City/Municipal Fire Stations.

V. POLICIES

All BFP personnel shall religiously and stringenfly observe the following in
the course of the fire safety inspection; issuance of FSEC, FSIC, and Fire
Safety lnstallation Clearance to all buildings, facilities, or structures and their
premises; preparation of lO and AIR; and the jurisdiction of the National
Headquarters, Regional/Provincial/District Offices and the City/Municipal Fire
Stations.

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 lnspectors. 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 construction, renovation, or modification and prior to

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 the issuance of Certificate of Occupancy by the Building Official to
determine compliance with approved plans 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.
d) On storage, handling and/or use of explosives or of combustible,
flammable, toxic and other hazardous materials.
e) Periodic inspection on all buildings, structures or facilities and their
premises, to determine the presence of any fire hazards; the type
of occupancy; the prohibited acts being committed or tolerated
therein; and to check or test the required fire protective and/or
warning system.

2. Jurisdiction of the DistricUProvincial Offices

The DistricUProvincial Fire Director/Marshal and/or his duly
authorized representatives shall conduct building plan evaluation, fire
safety re-inspection or validation limited to all buildings, structures, or
facilities and their premises subject to any protest or complaints, where
the act or findings being complained of pertains to the plan evaluations
or inspections conducted by the City/Municipal Fire Marshal.

3. Jurisdiction of the Regional Offices

The Regional Director and/or his duly authorized representatives
shall conduct plan evaluation, fire safety inspection, re-inspection or
validation limited to the following:
a) Buildings, structures, or facilities and their premises subject to any
appeal or complaints, where the act or findings being complained
of pertains to the plan evaluation or inspections conducted by the
DistricVProvincial Fire Marshal.
b) Activation of the Composite Evaluation Team for all buildings,
structures, or facilities and their premises processing for alternative
and/or remedial fire safety measures.

4. Jurisdiction of the National Headquarters.

The Chief, BFP, and/or his duly authorized representatives shall
conduct a fire safety inspection, re-inspection or validation to the
following:
a) Buildings, structures, or facilities and their premises subject to
closure order.
b) Buildings, structures, or facilities and their premises processing for
alternative and/or remedial fire safety measures as head of the
Composite Evaluation Team.

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 c) All highly technical transactions that require technical knowledge
and expertise such as National and lnter-Regional projects (i.e.
Subway, Elevated Walkway, Railway, Liquid Natural Gas projects)
and other projects with the same nature.
d) lssues/conflicts between the client and the BFP field offices and
ralsed 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 refened 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-inspecUre-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.

B. FIRE SAFETY EVALUATTON CLEARANCE (FSEC)

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 Chiet 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.
4. No FSEC shall be issued without the signature of the Chief, Fire
Safety Enforcement Section/Unit and the City/Municipal Fire
Marshal.

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 5. No FSEC shall be issued without the submission of Fire Safety
Compliance Report for buildings, structures, or facilities and their
premises that are required to install any or combination of the
following: a) wet standpipe system, b) automatic fire suppression
system, and c) automatic fire detection and alarm system.
6. The procedure for securing FSEC shall be in accordance with the
BFP Citizen's Charter.

C. FIRE SAFETY INSPECTION DURING CONSTRUCTION PHASE

1. During construction, renovation, modification or alteration, the

City/Municipal Fire Marshal, on the basis of issued FSEC, shall
inspect the premises to determine whether the plans, and
specifications are being followed and fire safety precautions are
being observed. He/She shall cause the correction of any
defects/deficiencies noted, when necessary under Section 9.0.2.2
of the RIRR of RA 9514.
2. ln 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. ln case welding, cutting, and other hot work operation is present
during the inspection, Fire Safety Clearance shall be required from
the concerned contractor.

D. FIRE SAFETY INSPECTION

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 lmplementing
Rules and Regulations (lRR) 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.
4. Fire safety inspection should be conducted for newly
constructed/modified/renovated/altered buildings, structures, or
facilities before the issuance of FSIC for Certificate of Occupancy.

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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 its authorized representative shall immediately prepare
the After lnspection Report (AlR), a copy of which attached with a
copy of the consumer guide is to be given to the
establishmenUbuilding/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.
8. Notice To Comply/Notice To Correct Molations/Abatement Order
shall be served to the owner, occupant, or any duly authorized
representative within three (3) days after the conduct of fire safety
inspection.
9. Not later than the fourth (4th) day after the service of the Closure
Order to the owner, occupant, or any duly authorized
representative, a letter is sent to the Office of the Chief of police
having jurisdiction, Office of the Mayor and Office of the punong
Barangay for assistance in the implementation of the Closure
Order. The letter specifically states the date and time for which the
Closure Orderwill be effected, which shall not be laterthan ten (10)
days after the service of the Order. The City/Municipal Fire Marshal
with the assistance of any of the above-mentioned government
offices, proceeds to the establishmenUbuilding/structure/facility for
which Closure shall be effected and makes sure that nobody is lefr
inside the establishmenUbuilding/structure/facility. Likewise, all
utilities (water, electricity, etc.) is to be properly turned off.
10. ln addition to the Notice To Comply/Notice To Correct Violations,,
issued to the erring occupancies, The City/Municipal Fire Marshal
shall transmit to the BPLO and to other concerned government
offices a 'Negative List" by December 1 prior to the renewal period,
containing the names of registered businesses that have violated
RA 9514 and its RIRR and failed to correct these and/or paid the
fines and penalties imposed of November 30 of each year, after
being notified in writing of such violation and the actions necessary
to be compliant. Alternatively, a "Positive List' maybe submitted
containing registered businesses that are fully complaint during the
period covered.
11. No fire safety inspection shall be conducted on all business
establishments, structures, and facilities renewing for certifi cates

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 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 1Sth day of December
up to the 5h day of January of the next year. However, said
suspension shall not affect the conduct of inspection of the
following establishments:
a) Establishment with complaints;
b) Establishments with pending applications for Certificate of
Occupancy;
c) Establishments with pending applications for new business;
and
d) Establishments posing imminent danger.
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.

E. FIRE SAFETY INSTALLATION CLEARANCE

1. All equipmenuutilities/facilities mentioned in Rule 10 Chapter 2

Division 7 of the RIRR of RA 9514 (Utilities, Heating, Ventilating
and Air-Conditioning, Smoke Control Systems, Rubbish Chutes,
Laundry Chutes, And Flue-Fed lncinerators, Elevators And
Escalators), especially for stand-alone equipment, shall not be
Installed without first securing an installation clearance from the
City/Municipal Fire Marshal. This installation clearance shall be a
prerequisite for the issuance of permits required by law for these
installations.
2. lnstallation clearance, which is a prerequisite for the issuance of
permits shall be required in all fire protection and warning systems
in the RIRR of RA 9514
3. For installations covered by FSEC, " lnstallation Clearance shall no
longer be required."
4. For the new construction, new building, structure or facility applying
for FSEC, lnstallation clearance shall no longer be required,
provided that all architeclural 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

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 submitted. Documents refers to design plans calculations
and
specifications signed and sealed by the designer. lncomplete
documents shall return immediately to the o*n"r/rpresentative
together with the Notice of Disapproval stating the deficiencylies
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 0.10o/o 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 lnstallation Clearance shall be issued without the signature of
the chief, Fire safety Enforcement section/Unit and the
City/Municipal Fire Marshal.

F. TNSPECTTON ORDER (tO)

1. Purpose
lnspection order shall be issued for the following purposes:
a) To conduct inspection during construction, renovation,
modification or alteration on the basis of issued FSEC to
determine whether the plans, and specifications are being
followed and safety precautions are being observed;
b) To conduct fire safety inspection required under RA 9514 and its
RIRR prior to the issuance of FSIC;
c) To conduct business and routine inspection required under
Section 9.0.2.4 of the tRR of RA 9514;
d) To conduct fire safety inspection prior to the issuance of Fire
safety lnstallation clearance required under Rule g Division s and
Section 10.2.7.6 of the RtRR of RA 9514;
e) To conduct re-inspection required under section 13.0.0.4 of the
RIRR of RA 9514; and

0 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. lssuance
All fire safety inspection conducted by any BFp office and personnel
duly authorized to perform inspection shall be covered by an lnspection
order (lo) issued for the specific purpose and ptace to be inspected. The

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 lO should not eontain 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 lO shall be used and no inspection shall
be conducted using any other form of lO not conforming thereto. The lO
shall contain the names of Fire Safety lnspectors (FSls) 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.

4. Administrative Control
Every lO shall be chronologically numbered and recorded in an official
log book. Computer based recording of lO is likewise encouraged.
Entries in the log book shall contain the lO Number; the name(s) of the
FSls who will conduct the inspection; the exact address of
building/establishment subject of inspection; the purpose of inspection -
whether for supervisory inspection of building under construction, or final
inspection of newly constructed/modifi ed/renovated building, or initial
inspection of business, commercial or industrial establishments, or
verification or investigation of complain, etc; the date of issuance and
actually received by the FSls; and date it was served or cancelled, as
the case maybe.

5. Service and Limitation

a) Service of lO shall mean the conduct of actual inspection and
submission of necessary report to the Chief, Fire Safety
Enforcement Section/Unit of the respective province/DistricVCity/
Municipal fire station for his evaluation. ln case the FSI was not
allowed by the owner/occupanVadministrator or his duly
authorized representative to conduct inspection, the FSI shall
write'Addressee Refuses to Receive the lO and allow lnspection"
in the remarks portion of the lO, and shall immediately return the
same to the ISSUING office.
b) The inspector whose lO was not accepted and not allowed to
conduct inspection shall be required to prepare a letter signed by
the Municipal/City Fire Marshal authorizing the inspection,
notifying the addressee that ten (10) days upon receipt of letter,
an actual inspection of subject place shall be conducted under a
new lO, copy of which shall be attached to the letter.
c) lssued lO shall be immediately conducted from its issuance. The
concerned FSI shall prepare and submit the necessary report
within three (3) days after the conduct of the actual inspection.
Where the period falls during non-working days, the report shall
be submitted immediately on the following working day.

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 d) Any lO which was not served within three (3) days upon its
issuance shall be accordingly cancelled and the cancellation shall
be likewise recorded in the logbook.
e) lssuance of lO shall be limited only to five (5) lOs for every
individual or team of FSls in a day. However, no lO shall be issued
to individual or team of FSI who still have two (2) pending lO to be
served.
f) lO shall not be issued to FSI who is actually absent from work.

G. AFTER TNSPECTTON REPORT (AtR)

1 The result of actual inspection conducted under issued lO 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 ln 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 ln 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.
E 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.

H. F|RE SAFEW tNSpECTtON CERTTFTCATE (FS|C)

1. No FSIC shall be issued without full compliance to the provisions of

Section 7 of RA 9514.
2. No FSIC shall be issued if no inspection has been made.
3. No FSIC shall be issued without the signature of the Chief, Fire Safety
Enforcement Section/Unit and the City/Municipal Fire Marshal.
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. ln lieu

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 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. ln 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.

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 lnspection (new), subject to the following
cpnditions:
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 lnspection (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
lnspection 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 lnspection Application to
conduct the validation/ inspection.
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 lnspection. The FSIC for Business permit or for Certificate of
Annual lnspection, 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 lmplementing 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,

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 the City/Municipal Fire Marshal may issue the appropriate FSIC
consistent with the portion or portions of a buirding or structure which
is being applied for the Certificate of Occupancy, provided that all fire
safety requirements in the Revised lmplementing Rules and
Regulations of RA 95'14 and other requirements Fire Safety Checklist
are already installed and operational on the subject application for the
Partial Certificate of Occupancy (e g a s-storey building applying for
its ground floor only, the FSIC issued shall specify, ,,Ground Floor
only
of the s-storey Building").
8 All FSICs for business/ permit to operate/ Certificate for Annual
lnspection shall have a validity of one (1) year from the date of
issuance unless revoked/cancered for justifiabre cause in accordance
to rule 13 of the RIRR of RA 9514.
I ln cases the City/Municipal Fire Marshal or his duly authorized
representative conducted a validation/inspection to an
establishment/building/structu rerfacirity with existing Fsrc and after
determining that there are defects/deficiencies, the city/Municipar Fire
Marshal shall issue a Notice to Comply to the owner, occupant, or any
duly authorized representative and a letter to be served informini
him/her the revocation/cancellation of the issued FSIC.
10 The procedure for securing FSIC shall be in accordance with the BFp
Citizen's Charter.

I. PERIOD

Alr BFP personner shal foilow berow the processing time for simpre,
complex and highly technical transaction:
'1. For simple transaction - within one (1) working day
2. For complex transaction - within three (3) working days
3. For highly technical transaction _ within seven (7) working days

J. PROTEST

1 The procedure for filing a protest shall be in accordance with Section

14.0.0.1 of the RtRR 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 Ofiice 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.
ln 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.

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 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
requirement as to form herein prescribed and pay
to the
the corresponding
protest fee.
4 No protest shall be given due course without the payment
of a non_
refundabre protest fee as indicated in the schedure
of fees, the officiar
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.
5 The verified protest shall contain the following information:
a) the name and address of the protestant;
b) the notice or order being protested;
c) the name and office address of the fire marshal who issued
the
notice or order; and/or
d) such other matters and information pertinent and relevant
to the
proper resolution of the protest.
6 The protest must be supported by attaching therewith
certified true
copy of the notice or order subject of the proiest.
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.
o
ln addition, the protestant shail rikewise 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 knowredge, no such
other action or clarm
is pending therein; (2) if there is such other pending
action or claim, a
complete statement of the present status thereof;
1b) anO if he should
thereafter learn that the same or similar action o,"
ci"i, has been filed
or is pending, he shall report such fact within five (5)
days to the office
where the protest is filed.
I Failure to comply with the foregoing requirements
shall be a ground
for the outright dismissal of the protist.
10 U_pon receipt of theprotest, the concerned DistricUprovincial Fire
Marshal or Regional Director may require the concerned
fire marshal
to forward all the necessary records which shall include
the lnspection
order (lo), After rnspection Report (ArR) 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.

ISO 9001 ztJls

CEiTIFIET )o
 K. APPEAL

1. The procedure for firing an appear shail be in accordance with

section
14.0.0.2 of the R|RR of RA 9514
2. Resorutions by the provinciar Fire Marshar, District Fire Marshar
or the
Regionar Director over a protest may be charenged by firing
a verified
appear to the nex higher authority within five (5) days fromihe receipt
of the decision or resorution appeared from. The decision of the
Regionar Director in the exercise of its appeilate jurisdiction
shail be
final and executory, except decision on closure order in which
case
said decision may be appeared to the chief, BFp then to the Secretary
of the D|LG.
3. No appeal shall be given due course \ivithout the payment
of a non_
refundabre appear fee as indicated in the schedure of iees,
the officiar
Receipt of which shail be attached to the appear. payment
shail 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.

L. EFFECT OF FILING A PROTEST OR APPEAL

The filing of a protest or an appeal shall in no way stay the running

of the
period of correction indicated in the Notice to comply/correct
violJtion or
Abatement/crosure order, unress otherwise ordered by the higher
authorities to where the protest or appeal is filed.

M. EFFECT OF FILTNG A PROTEST OR APPEAL

1. closed down estabrishmenvbuirding/structure/facirity is not ailowed to

operate again without comprying with the fire safety requirements
set
forth by RA 9S14 and its R|RR.
2. ln case the closed down establishmenVbuilding/structure/facility
requests to life the Closure Order but has not yet complied with
the
fire safety requirements, the owner or any authorized representative
shall submit an Affidavit of undertaking and apprication of Fire safety
Installation Clearance (e.g. Automatic Fire Suppression, FDAS,
Standpipe, and the like). After completion of the
installation/construction, the city/Municipal Fire Marshal shall conduct
inspection, testing, and commission of the required systems before
the issuance of FSIC.

ISO 9OOl:2O15
 N. NATIONAL HEALTH EMERGENCY

Fire safety inspection and issuance of FSlc

during pandemic shall be in
accordance with Memorandum Circular No. 2021-ozs'oated
07 December
2021 entitled "Adopting Responsive Fire Safety Enforcement
Activities and
Procedures for The Nationwide Alert System for
Covid-19 pandemic,, or the
latest issuances by D|LG secretary o, oy chief,
BFp.
VI. PENALTIES

1. The foregoing guiderines are mandatory

violation committed by the BFP personnel mentioned
in nature and any
herein shall be meted
with penalties set forth in section 11 para 2 of RA
9514 and section
13.0.0.7 para B of its RtRR.
2' Moreover, All BFP personnel shall not sell,
offer to sell, or
recommend specific brands of fire extinguishers
and other fire safety
equipment to any applicant.or requesting party
or business entity. Any
violation thereof shall be punishable by imf,risonment
of one (1) year to six
(6) years and a penalty of not less ihan Five hundred
(P500,000.00), but not more than Two miilion pesos
thousand pesos
(p2,ooo,00o.o0).
VII. SEPARABILITYCLAUSE
lf any provision of this Circular is declared invalid &
unconstitutional, the
other provisions not affected thereby snall remain
valid and subsLting.
VIII. REPEALING AND AMENDING CLAUSE

All memoranda, circulars, and other issuances inconsistent

contrary to the provisions of Circular are hereby herewith or
repeateJ anolo;. modified
accordingly.

IX. EFFECTIVITY

This memorandum circurar shail take effect

immediatery.

APPROVED thisrl!gtday of JUNE :29 22

Quezon City, Philippines.

LOUIE SURALTA AN,

rDtREcroR BFP
Chief, B

ISO 9OO1:2015
CERTIFIED OUALTTV
MANAGEMENf SYSEM
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