CHAPTER 4

LEGAL PROVISIONS ON FIRE SAFETY AND PREVENTION IN THE

PHILIPPINES

Learning Objectives:
At the end of this chapter, the students will be able to:

1. Define Fire Safety and Fire Prevention;

2. Identify the salient points of the Republic Act No. 9514;
3. Identify some of the Hazardous Materials and Processes;
4. Enumerate the Prohibited acts under RA 9514;
5. Identify the salient points of the Presidential Decree No. 1613 of 1979
6. Differentiate destructive arson and Simple arson;
7. Explain the special aggravating circumstances in Arson;
8. Explain the importance of Presidential Decree No. 1096 of 1977 in Fire
Safety and Prevention; and
9. Identify the important points of Presidential Decree No. 1096 of 1977
in fire safety.

Fire Safety and Prevention

Fire safety refers to planning and infrastructure design aimed at

reducing the risk of fire or impeding the spread of a fire when one does
break out. It encompasses the use of fire-resistant building materials,
preventive actions, safe work practices, fire safety training, flame-resistant
protective clothing, and more.

Fire prevention is a never-ending recognition, analysis, development,

implementation, and reevaluation of programs, strategies and technologies
to deal with the varied hazards and risks posed by fire. Its desired outcome
is to provide a means to eliminate or reduce the frequency and severity of
fires and to save lives.

Legal Provisions on Fire Safety, and Prevention in the Philippines

The Philippines like any other countries in the globe acknowledges and
recognizes the risks and destruction caused by fires. In order to ensure
public safety and to promote economic development through the prevention
and suppression of all kinds of destructive fires the following legal provisions
are legislated and implemented in the country.

Republic Act No. 9514

The Republic Act No. 9514 also known as the "Fire Code of the
Philippines of 2008", is an act that establishes a comprehensive Fire Code
in the country. This is to ensure public safety, 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.

According to the Section 5 of the RA 9514, The Fire Code of the

Philippines of 2008 is 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. The following are some of the things that
the Chief, BFP, is authorized to do (RA 9514, Section 5):

 Issue implementing rules and regulations, and prescribe standards,

schedules of fees/fire service charges and administrative penalties as
provided in the pertinent provisions of RA 9514;
 Reorganize the BFP as may be necessary and appropriate;
 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;
 Enter into long term agreement, either through public biddings or
negotiations in accordance with Republic Act No. 9184 or 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 service;
 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, and fire suppression;
  Call on the police, other law enforcement agencies, and local
government assistance to render necessary assistance in the
enforcement of RA 9514;
 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.

Fire Safety Inspection Requirement

According to the Section 7.a of the Fire Code of the Philippines of

Cureau of Fir 2008, a fire safety inspection conducted by the Chief of the
BFP or his/her duly authorized representative is a prerequisite to the grants
of permits and/or licenses by local governments for the following:

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;

Safety Measures for Hazardous Materials, and Hazardous

Operation/Processes

Hazardous Materials or Hazmat refers to substances that are toxic,

poisonous, radioactive, flammable, or explosive and can cause death from
exposure. Fire safety measures are for the manufacture, storage, handling
and/or use of hazardous materials involving (RA 9514, Section 7.b):

 cellulose nitrate plastic23 of any kind;

 combustible fibers;
 cellular materials such as foam, rubber, sponge rubber and plastic
foam;
 flammable and combustible liquids or gases of any classification;
 flammable paints, varnishes, stains and organic coatings;
 high-piled or widely spread combustible stock;
 metallic magnesium in any form;
 corrosive liquids, oxidizing materials, organic peroxide, nitromethane,
ammonium nitrate, or any amount of highly toxic, pyrophoric,
hypergolic, or cryogenic materials or poisonous gases;
  blasting agents, explosives and special industrial explosive materials,
blasting caps, black powder, liquid nitroglycerine, dynamite, nitro
cellulose, fulminates of any kind, and plastic explosives;
 firework materials of any kind or form;
 matches in commercial quantities;
 hot ashes, live coals and embers;
 mineral, vegetable or animal oils and other derivatives/ by-products;
 combustible waste materials for recycling or resale;
 explosive dusts and vapors; and
 agriculture, forest, marine or mineral products which may undergo
spontaneous combustion;

Hazardous Operation/Process is any act of manufacturing,

fabrication, conversion, etc., that uses or produces materials which are likely
to cause fires or explosions (Section 3, RA 9514). Fire safety measures are
required for the following hazardous operation/processes (Section 7.c, RA
9514):

 welding or soldering;
 industrial baking and drying;
 waste disposal;
 pressurized/forced-draft burning equipment;
 smelting" and forging;
 motion picture projection using electrical arc lamps; and
 refining, distillation and solvent extraction.

Fire Safety Programs

Owners, occupants or administrator or buildings, structures and their

premises or facilities, needs to incorporate and provide fire safety
construction, protective and warning system, and develop/implement fire
safety programs, this includes the following (Section 7.d, RA 9514):

 Fire protection features such as sprinkler systems, hose boxes, hose

reels or standpipe systems and other firefighting equipment;
 Fire alarm systems;
 Fire walls to separate adjoining buildings, or warehouses and storage
areas from other occupancies in the same building;
  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;
 Termination of all exits in an area affording safe passage to a public
way or safe dispersal area;
 Stairway, vertical shafts, horizontal exits and other means of egress
sealed from smoke and heat;
 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;
 Self-closing fire resistive doors leading to corridors;
 Fire dampers in centralized air-conditioning ducts;
 Roof vents for use by fire fighters; and
 Properly marked and lighted exits with provision for emergency lights
to adequately illuminate exit ways in case of power failure.

Prohibited Acts under RA 9514

The following acts are prohibited under the Fire Code of the
Philippines 2008 (RA 9514, Section 8):

1. Obstructing or blocking the exit ways or across to buildings clearly

marked for fire safety purposes, such as but not limited to aisles in
interior rooms, any part of stairways, hallways, corridors, vestibules,
balconies or bridges leading to a stairway or exit of any kind, or
tolerating or allowing said violations;
2. Constructing gates, entrances and walkways to building components
and yards, and temporary or permanent structures on public ways,
which obstruct the orderly and easy passage of fire fighting vehicles
and equipment;
3. Prevention, interference or obstruction of any operation of the fire
service, or of duly organized and authorized fire brigades;
4. Obstructing designated fire lanes43 or access to fire hydrants;
5. Overcrowding or admission of persons beyond the authorized capacity
in movie houses, theaters, coliseums, auditoriums or other public
assembly buildings, except in other assembly areas on the ground
floor with open sides or open doors sufficient to provide safe exits;
6. Locking fire exits during period when people are inside the building;
 7. Prevention or obstruction of the automatic closure of fire doors or
smoke partitions or dampers;
8. Use of fire protective or firefighting equipment of the fire service other
than for firefighting except in other emergencies where their use is
justified;
9. Giving false or malicious fire alarms;
10. Smoking in prohibited areas as may be determined by fire
service, or throwing of cigars, cigarettes, burning objects in places
which may start or cause fire;
11. Abandoning or leaving a building or structure by the occupant or
owner without appropriate safety measures;
12. Removing, destroying, tampering or obliterating any authorized
mark, seal, sign or tag posted or required by the fire service for fire
safety in any building, structure or processing equipment; and
13. Use of jumpers44 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.

Presidential Decree No. 1613 of 1979

The Presidential Decree No. 1613 of 1979 is a decree amending

the law on Arson. It was signed by then President Ferdinand E. Marcos on
March 7, 1979. Arson is defined as the intentional or malicious destruction
of a property by fire. It is also defined as the criminal burning of property.

Destructive Arson and Simple Arson

According to PD 1613, arson is committed by any person who burns or

sets fire to the property of another or his/her own property under
circumstances which expose to danger the life or property of another45 (PD
1613, Section 1). The nature of Destructive Arson is distinguished from
Simple Arson by the degree of perversity or viciousness of the criminal
offender.

Destructive Arson is arson committed on the following properties:

  Any ammunition factory and other establishment where explosives,
inflammable or combustible materials are stored;
 Any archive, museum, whether public or private, or any edifice
devoted to culture, education or social services;
 Any church or place of worship or other building where people usually
assemble.
 Any train, airplane or any aircraft, vessel or watercraft, or conveyance
for transportation of persons or property;
 Any building where evidence is kept for use in any legislative, judicial,
administrative or other official proceedings;
 Any hospital, hotel, dormitory, lodging house, housing tenement,
shopping center, public or private market, theater or movie house or
any similar place or building; and
 Any building, whether used as a dwelling or not, situated in a
populated or congested area.

Other cases of Arson include the burning of the following properties:

 Any building used as offices of the government or any of its

agencies;
 Any inhabited house or dwelling;
 Any industrial establishment, shipyard, oil well or mine shaft,
platform or tunnel;
 Any plantation, farm, pastureland, growing crop, grain field,
orchard, bamboo grove or forest;
 Any rice mill, sugar mill, cane mill or mill central; and
 Any railway or bus station, airport, wharf or warehouse.

It is important to note that the acts committed constituting Destructive

Arson are characterized as heinous crimes for being grievous, odious and
hateful offenses and which, by reason of their inherent or manifest
wickedness, viciousness, atrocity and perversity are repugnant and
outrageous to the common standards and norms of decency and morality in
a just, civilized and ordered society. On the other hand, acts committed
constituting Simple Arson are crimes with a lesser degree of perversity and
viciousness that the law punishes with a lesser penalty. In simpler terms,
Simple Arson contemplates crimes with less significant social, economic,
political and national security implications than Destructive Arson.
Special Aggravating Circumstances in Arson
The following are the circumstances that aggravates the crime of Arson (PD
1613, Section 4):
 If committed with intent to gain;
 If committed for the benefit of another;
 If the offender is motivated by spite or hatred towards the owner or
occupant of the property burned;
 If committed by a syndicate.

Prima Facie Evidence of Arson

Any of the following circumstances constitutes prima facie evidence of

arson (PD 1613, Section 6):

 If the fire started simultaneously in more than one part of the building
or establishment.
 If substantial amount of flammable substances or materials are stored
within the building note necessary in the business of the offender nor
for household us.
 If gasoline, kerosene, petroleum or other flammable or combustible
substances or materials soaked therewith or containers thereof, or any
mechanical, electrical, chemical, or electronic contrivance designed to
start a fire, or ashes or traces of any of the foregoing are found in the
ruins or
premises of the burned building or property.
 If the building or property is insured for substantially more than its
actual value at the time of the issuance of the policy.
 If during the lifetime of the corresponding fire insurance policy more
than two fires have occurred in the same or other premises owned or
under the control of the offender and/or insured.
 If shortly before the fire, a substantial portion of the effects insured
and stored in a building or property had been withdrawn from the
premises except in the ordinary course of business.
  If a demand for money or other valuable consideration was made
before the fire' in exchange for the desistance of the offender or for
the safety of the person or property of the victim.

Presidential Decree No. 1096 of 1977

The Presidential Decree No. 1096 of 1977 or the National Building

Code of the Philippines was signed by then President Ferdinand E. Marcos on
February 19, 1977. It is a decree that adopts a National Building Code of the
Philippines (NBCP), and revises the Republic Act No. 6541. It calls for a
framework of minimum standards and requirements for all buildings and
structures, that is safe, sanitary and a good working condition. Thus, it has
several provisions on fire safety and protection.

Types of Construction

The following are the classification of all buildings proposed for

construction (PD 1096, Section 401):

Type I. Type I buildings is a wood construction. The structural

elements are any of the materials permitted by the National Building Code.

Type II. Type II buildings is a wood construction with protective fire-

resistant materials and one-hour fire-resistive throughout: Except, that
permanent non-bearing partitions uses fire-retardant treated wood within
the framing assembly.

Type III. Type III buildings is a masonry and wood construction.

Structural elements are any of the materials permitted by the National
Building Code. Provided, that the building is one-hour fire-resistive
throughout. Exterior walls are made of incombustible fire-resistive
construction.

Type IV. Type IV buildings is a steel, iron, concrete, or masonry

construction. Walls, ceiling, and permanent partitions made of incombustible
fire-resistive construction: Except, that permanent non-bearing partitions of
one-hour fire-resistive construction may use fire-retardant treated wood
within the framing assembly.
 Type V. Type V buildings is fire-resistive. The structural elements is
made of steel, iron, concrete, or masonry construction. Walls, ceilings, and
permanent partitions are made of incombustible fire-resistive construction.

Requirements on Type of Construction

The following standards are prescribed (IRR PD 1096, Section 401):

1. Fire Resistive Requirements

a. Exterior bearing and non-bearing walls of Types II and III
Constructions shall have one hour fire- resistive rating, while
those of Types IV and V shall have four-hour fire-resistive rating.
b. Interior bearing walls, permanent partitions, floors, and roofs of
Types II, III and IV Construction shall have one-hour fire-
resistive rating while those of Type V shall have three-hour fire-
resistive rating for bearing walls and one-hour fire-resistive
rating for vertical openings, floors and roofs.
c. Structural frames of Types II and III Construction shall have
one-hour fire-resistive rating, while those of Type IV shall have
two-hour fire-resistive rating and those of Type V shall have
three-hour fire- resistive rating.
d. Exterior doors and windows shall have one hour fire- resistive
rating for all Types.

2. Interior Wall and Ceiling Finishes

a. Finishes for interior walls and ceilings of any building shall be
classified according to their flame-spread characteristic using
generally accepted engineering standards. The smoke density
shall not be greater than that obtained from burning of
untreated wood under similar conditions when tested in
accordance with the "Tunnel Test" in the way intended for use.
The products of combustion shall be no more toxic than the
burning of untreated wood under similar conditions. These
finishes include: interior wainscoting, paneling, or other finish
applied structurally or for decoration, acoustical correction,
frames and trims of doors and windows, surface insulation or
similar purposes.
 b. Requirements for flame-spread characteristics of finishes shall
not apply to frames and trim of doors and windows and to
materials which are less than 1.00 millimeter in thickness
cemented to the surface of walls or ceilings.
c. Materials required to be flame-spread proofed shall be treated
with a flame-retardant having a flame-spread of fifty (50) or less
as determined by the "Tunnel Test".

3. Standards for materials use in structural framework, exterior walls

and openings, floors, exits, stairs & roofs shall be governed by the
pertinent provision of the Fire Code of the Philippines.

What is Fire Zones?

Fire zones are areas within which only certain types of buildings are
permitted to be constructed based on their use or occupancy, type of
construction, and resistance to fire. Any building structure moved within or
into any fire zone need to comply with all the requirements for
buildings/structures in that fire zone. This also applied to pre-engineered or
pre-fabricated buildings/structures that may be dismantled and re-
assembled.

Temporary buildings such as reviewing stands and other miscellaneous

structures conforming to the requirements of the NBCP, and sheds, canopies
and fences used for the protection of the public around and in conjunction
with construction work, may be erected in period of time, and such buildings
or structures must be completely the fire zones by special permit from the
Building Official for a limited removed upon the expiration of the time limit
stated in such permit.

Designation of Fire Zones

Designation of Fire Zones is purposely for management, prevention,

control and suppression of conflagration that may occur in population
centers. The legislative body of the LGU may enact ordinances for the of
designating fire zones. The designation of fire zones is as follows:

 Non-Fire Restricted Zones

 These are areas where siting of buildings/structures are
permitted without fire-resistivity measures, often located in the
country sides or rural areas where commercial and industrial and other
buildings are sparsely constructed, or may be clustered in small groups
like farm lands wherein dwellings are built of indigenous materials
such as bamboo, sawali, nipa, cogon, palm leaves and wood up to
Types I and II Construction.

 Fire Restrictive Zones

These are areas wherein siting of buildings/structures are

permitted within prescribed fire-resistivity measures for exterior walls
of at least two-hour fire resistivity. Usual locations in suburban areas
are permitted to be built with at least one-hour fire-resistivity
throughout as Types II, III to IV Constructions.

 Highly Fire Restrictive Zones

These are areas wherein highly fire- resistive or non-

combustible buildings/structures and/or construction assemblies of no
less than three to four-hour fire-resistive construction materials are
used throughout, including exterior walls. Only Types IV and V
Constructions are permitted in the areas.

Restrictions on Existing Buildings in the Fire Zones

Existing buildings or structures in fire zones that do not comply with

the requirements for a new building erected therein shall not be enlarged,
altered, remodeled, repaired or moved except as follows:

 Such building is entirely demolished;

 Such building is to be moved outside the limits of the more highly
restrictive Fire Zone to a zone where the building meets the minimum
standards;
 Changes, alterations and repairs may be made provided that in any
12-month period, the value of the work does not exceed 20% of the
value of the existing building, and provided that, such changes do not
add additional combustible material, and do not, in the opinion of the
Building Official, increase the fire hazard;
 Additions thereto are separated from the existing building by fire
walls;
  Damage from fire or earthquake, typhoons or any fortuitous event
may be repaired, using the same kind of materials of which the
building or structure was originally constructed, provided that, the cost
of such repair shall not exceed 20% of the replacement cost of the
building or structure.

Fire-Resistive Rating

Fire-resistive rating means the degree to which a material can

withstand fire as determined by generally recognized and accepted testing
methods. Fire-resistive time period rating is the length of time a material
can withstand being burned which may be one-hour, two-hours, three-
hours, four-hours, etc.

Fire-Resistive Standards

All materials of construction, and type of material and assemblies or

combinations thereof shall conform to the following fire-resistive ratings:

Type of Assembly and Material Minimum thickness (in millimeter)

for the given fire resistance
4 hrs. 3 hrs. 2 hrs. 1 hr.
Floor Construction
Solid R.C. Slab
 Average cover to 25 25 20 15
reinforcement
 Overall Depth 150 150 125 100

Solid pre-stressed
Concrete slab
 Average cover to tendons 65 50 40 25
 Overall Depth 150 150 125 100
Partitions
 Solid concrete 175 175 150 125
 Solid masonry 200 175 150 125
  Hollow unit masonry 300 250 200 150
4 hrs. 3 hrs. 2 hrs. 1 hr.
Protection for metal structural
members
 concrete 75 50 38 25
 masonry 100 75 55 38
 Metal lath with vermiculite or 50 38 20 12
perlite gypsum plaster
Exterior Wall
Solid concrete
Solid Masonry
Hollow masonry

Column (all faces exposed)

Reinforced concrete 450 400 300 200

Fire-Resistance Regulations

The Secretary of DPWH prescribes standards and promulgates rules and

regulations on the following:

 Testing of construction materials for flame-spread characteristics,

 Test on fire damages
 Fire tests of building construction and materials,
 door assemblies and tinclad fire doors and window assemblies,
 the installation of fire doors and windows and smoke and fire detectors
for fire protective signaling system,
 application and use of controlled interior finish,
 fire-resistive protection for structural members,
 fire-resistive walls and partitions,
 fire-resistive floor or roof ceiling,
 fire-resistive assemblies for protection of openings and fire-retardant
roof coverings.

Dangerous and Ruinous Buildings or Structures

Dangerous buildings are structurally unsafe or not provided with

safe egress, or which constitute a fire hazard, or are otherwise dangerous to
human life, or which in relation to existing use, constitute a hazard to safety
or health or public welfare because of inadequate maintenance, dilapidation,
obsolescence, or abandonment; or which otherwise contribute to the
pollution of the site or the community to an intolerable degree. Fire Hazard
is 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 firefighting operations and the safeguarding of life and
property.

Abatement of Dangerous Buildings

When any building or structure is found or declared to be dangerous or

ruinous, the Building Official shall order its repair, vacation or algates
demolition depending upon the degree of danger to life, health, or safety
(PD 1096, Section 215). The condition or defects that render any building/
structure dangerous or ruinous are as follows:

1. Structural Hazards
a. Whenever any building/structure or portion thereof has been
damaged by fire, earthquake, wind, flood, or by any other cause to
such an extent that the structural strength or stability thereof is
materially less than it was before the catastrophe and is less than
the minimum requirements of the National Structural Code of the
Philippines (NSCP) for new buildings of similar structure, purpose or
b. Whenever any portion or member or appurtenances thereof is likely
to fall, or to become detached dislodged or to collapse and thereby
injure persons or damage property.
c. Whenever any portion of a building/structure or any member,
appurtenance or ornamentation on the exterior thereof is not of
sufficient strength or stability, or is not anchored, attached or
fastened in place so as to be capable of resisting a wind pressure of
one-half of that specified in the NSCP for such type of buildings.
d. Whenever any portion thereof has been wrecked, warped, buckled
or settled to such an extent that the walls or other structural
portions have materially less resistance to wind or earthquake than
is required in the case of similar new construction.
e. Whenever the building/structure or any portion thereof, because of:
i. dilapidation, deterioration or decay;
ii. faulty construction;
 iii. the removal, movement or instability of any portion of the
ground necessary for the purpose of supporting such building;
iv. the deterioration, decay or inadequacy of its foundation; or
v. any other cause, is likely to partially or totally collapse.

2. Fire Hazards
a. Any building/structure or portion thereof, device, apparatus,
equipment material, or vegetation which may cause fire or
explosion, or provide a ready fuel or augment the speed and
intensity of fire or explosion arising from any cause.
b. All buildings/structures or portions thereof not provided with the
required fire-resistive or fire protective construction or fire-
extinguishing system or equipment.
c. Whenever any door, aisle, passageway, stairway, or other means of
exit is not of sufficient width or size, or is not so arranged as to
provide safe and adequate means of exit in case of fire and panic.
d. Whenever any building/structure, because of obsolescence,
dilapidated condition, deterioration, damaged, inadequate exits,
lack of sufficient fire- resistive construction, hazardous electric
wiring, gas connections or heating apparatus, or other cause, in
violation of the Fire Code of the Philippines

3. Unsafe Electrical Wiring

a. All wiring systems or installations which do not conform to the rules
and regulations embodied in the latest Philippine Electrical Code.
b. Inadequately maintained or improperly used electrical wirings,
outlets, devices and/or equipment.

4. Unsafe Mechanical Installation

a. Mechanical systems or installations which do not conform to the
rules and regulations embodied in the Philippine Mechanical Code.
b. Inadequately maintained or improperly used mechanical outlets,
devices and/or equipment.
c. Lack of or improper operation of required ventilating equipment or
air-conditioning systems.
 d. Improperly installed or lack of protection and provisions on steam,
gas and fuel supply lines

5. Inadequate Sanitation/Plumbing and Health Facilities

a. All sanitation and plumbing systems or installations which do not
conform to the rules and regulations embodied in the Code on
Sanitation of the Philippines and the Revised National Plumbing
Code.
b. Inadequately maintained or improperly used sanitation
and plumbing facilities.
c. Infestation of insects, vermin or rodents and lack of adequate
control for the same.
d. Lack of adequate garbage and rubbish storage and removal or
disposal facilities.
e. Source of pollution.

6. Architectural Deficiency
a. All buildings/structures or portion thereof used or occupied for
purposes other than their intended uses.
b. Improper/Unauthorized Occupancy/Location.
c. Insufficient amount of natural light and ventilation due to
inadequate open spaces such as courts and yards as required.
d. Inadequate sizes of rooms and space dimensions and window
openings.