rule 13 ra9514

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Sec. 13.0.0.1 - General Guidelines

Sec. 13.0.0.2 - Fixing of Fines

Sec. 13.0.0.3 - Jurisdiction

Sec. 13.0.0.4 - General Procedures

Sec. 13.0.0.5 - Public Nuisance

Sec. 13.0.0.6 - Period for Collecting Violations

Sec. 13.0.0.7 - Penalties for Specific Individuals

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A. Fines

Before a fine is imposed, the violator shall first beinformed of his violation/s and ordered to correct thesame immediately, if feasible, or within a reasonable

period of time as prescribed in Section 13.0.0.6 of thisIRR. At the expiration of the period to comply thedeficiency/deficiencies, a re-inspection shall beconducted to determine compliance. If compliancewas not effected or if compliance does not conform

to the required standards, the first violation iscommitted and the violator shall be fined and furtherordered to effect the correction.

Repeated failure on the part of the violator to effectcorrections will constitute subsequent violations.Administrative fines shall be imposed for everyviolation.

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B. Abatement

1. All fire hazards shall be abated immediately.

Abatement is any act that would remove orneutralize a fire hazard. Such acts are

specified in the Notice to Comply.

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B. Abatement

2. Abatement includes, among others, any one or

combination or all of the following:

Removal of the source of ignition;

Rearranging or adjusting articles within the minimum

clearances or dimensions;

Reduction in the amount/quantity of flammable, combustible

and/or hazardous materials.

Changes in procedure in the conduct of hazardous operation;

Constructions to limit and control the spread of fire and smoke;

Installation of fire protective and/or warning systems; and

Remodeling, repairing, strengthening, reconstructing, removal

and demolition, either partial or total, of the building orstructure.

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B. Abatement

3. Where there is inaction on the part of the

violator, abatement may be made summarilyby the BFP if this is the only recourse to remove

the imminent danger to life and property andachieve fire safety. In this case, the provisionsof Sections 9, 10 and 11 of RA 9514 applies.

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C. Stoppage of Operations/Closure of Building

shall be resorted towhen the offender fails to comply with the

abatement order.

2. Recourse to closure of the building and/orstoppage of operations may likewise be

resorted to

such that evacuation of the

building or establishment and stoppage ofoperations therein are extremelynecessary.

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A. Administrative fines shall be determined as

follows:

1. When the violation carries an administrativefine which has a rate per unit volume,

weight or unit, the fine shall be computed bymultiplying the weight/volume/unit by therate.

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follows:

2. Where the violation carries a fine within acertain range (for example, PhP 25,000.00

PhP 37,500.00), the fine increases with thenumber of times a violation of the sameprovision is committed:

First violation the fine shall be the minimumamount in the range.

Second violation the fine shall be the

maximum amount in the range.

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follows:

3. When two or more offenses are committed,the same procedures in para A 1 and 2

above shall be followed, but the fine shallbe sum of all administrative fines; Provided,that the total fines shall not exceed PhP50,000.00.

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B. Failure to Pay Fine

Failure on the part of the violator to pay the

administrative fine within the period fixed in theNotice

.

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A. Imposition of Fines

1. Fines up to PhP 30,000.00 shall be imposedby the C/MFM having jurisdiction.

2. Fines exceeding PhP 30,000.00 but not morethan PhP 40,000.00 shall be imposed by the

P/DFM having jurisdiction.

3. Fines exceeding PhP 40,000.00 up to PhP

50,000.00 shall be imposed by the RD havingjurisdiction.

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B. Stoppage of Operation/Closure of Buildings

This penalty shall be imposed by the RD uponthe recommendation of the C/MFM having

jurisdiction thru channel.

The implementation of this order may bedelegated to the P/DFM having jurisdiction.

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C. Declaration of Public Nuisance

The declaration of a building, structure or facilityas a public nuisance pursuant to Section 9 of

RA 9514 shall be made by the Chief, BFP uponthe recommendation of the C/MFM havingjurisdiction thru channel.

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D. Abatement

1. Orders for simple abatement such as removal

of fire hazardous materials, removal ofobstruction to exit ways or means of egress orsimilar actions that do not entail financial

expenditures on the part of violator, shall beissued by the C/MFM having jurisdiction

concerned.2. Orders for abatement involving alteration,

modification or repair of equipment,

machinery, protective systems of buildings,structures, or facilities shall be issued by the

P/DFM having jurisdiction.

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D. Abatement

3. Orders for abatement involving

condemnation and/or removal of defectivemachinery, equipment or protective system,or demolition, either partial or total, of

buildings, structures or facilities shall beissued by the RD having jurisdiction.

4. Orders for the summary abatement of abuilding, structure, or facility declared as apublic nuisance shall be issued by the Chief,

BFP.

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D. Abatement

. These

expenses shall constitute a prior lien upon suchproperty.

in the summary abatement

from the completion of such abatement,

and sold at public auction inaccordance with existing laws and rules.

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D. Abatement

No property subject of lien under Section 9 of

RA 9514, may be sold at a price lower than the

abatement expenses incurred by the

government. The property shall be forfeited infavor of the government if the highest bid is not at

least equal to the abatement expenses.

, subject to exception provided in Section

13.0.0.1 (General Guidelines).

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Fire Safety Inspector C/MFM

Owner/Bldg

Administrator/Person

Responsible

Submit Inspection

Report

Issue

NOTICE TO COMPLY

Comply with

Requirements

Submit 1st Re-

Inspection Report

Issue

NOTICE TO CORRECT

VIOLATIONS

Comply with

Requirements

Submit 2nd Re-

Inspection Report

Issue

ABATEMENT ORDER

Comply with

Requirements

Submit 3rd

Re-Inspection Report

Recommend for Issuance of

ORDER FOR STOPPAGE OFOPERATIONS/CLOSURE OF BLDG

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Citation of the specific provisions of the Fire

Code and its IRR that were violated; Specific actions/corrections that should be

complied with; and

Period of compliance not exceeding 15 days.

BACK

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Issue Notice to Correct Violation/s to

person responsible for the condition of thebuilding/structure.

Put up a sign in front of the building orstructure that it is a fire hazard.

Impose the corresponding administrativefines for the violation/s.

BACK

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Issue Abatement Order to person

responsible for the condition of thebuilding/structure.

Effect the continuous posting of sign in front

of the building or structure that it is a firehazard.

Impose the administrative fines for the

violation/s.

BACK

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Effect the continuous posting of sign in front

of the building or structure that it is a firehazard.

Recommend, through channel, to the RD

for the issuance of an Order for Stoppageof Operations/Closure of Building;

BACK

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E. During re-inspection under para B to Dof this Section,

.

In lieu thereof,

.

For this purpose, the owner shall attach inhis affidavit the contract of works, if any.

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F. An Order to Pay Fine shall be issued

immediately without the need of issuing aNotice to Comply/Correct Violations for theviolations which shall be corrected

immediately or within 24 hours as providedin Section 13.0.0.6 (Period for CorrectingViolations.

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Any building or structure assessed and declaredby the C/MFM having jurisdiction as

shall be recommended for

declaration as public nuisance to the Chief, BFP.

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A. Imminent Danger

1. An establishment shall be declared animminent danger

;

2. Ashall be declared imminent

danger if of the violations are

committed.

3. Ashall be declared imminent

danger if of the violationsare committed.

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A. Imminent Danger

Insufficient exit width

Absence of fire-resistive enclosure for main and

secondary exit

Swing of exit door against the flow of travel

Obstructed/padlocked fire exit

Absence/defective fire alarm and smoke detectionsystem

Absence/inadequate automatic battery-operatedemergency light or illuminated exit signs

Absence of standpipe system

Absence of automatic fire suppression system

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B. Procedures

to the owner,

administrator, occupant or other person

responsible for the condition of the building,

structure and their premises or facilities. The

notice shall contain the grounds relied upon in

declaring the same as public nuisance.

2. Upon receipt of the notice, the owner,administrator, occupant or other

:

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B. Procedures

a. If the of the nuisance or the

amount to be spent in abating the same is

the owner,

administrator or occupant thereof shall abate

the hazard from receipt of the

order declaring said building or structure a

public nuisance; or

b. If the, the owner, administrator or

occupant thereof shall abate the hazard

from receipt of the order

declaring said building or structure a publicnuisance.

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B. Procedures

3. Failure to comply within 5 days from thereceipt of the notice shall

in front of the building or

structure, at or near the entrance of suchpremises, notifying the public that suchbuilding or structure is a , which

for the condition of the building,structure and their premises or facilities

.

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B. Procedures

of the owner, administrator, occupant

or other person responsible for the conditionof the building, structure and their premises or

facilities , shall constrainthe

which shallinclude but not limited to remodeling,

repairing, strengthening, reconstructing,removal and demolition, either partial ortotal, of the building or structure.

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A. Immediately or within twenty four (24) hours

1. Obstructing or blocking the exit ways or

access to building clearly marked for firesafety purposes, such as, but not limited toaisles in interior rooms, any part of stairways,

hallways, corridors, vestibules, balconies orbridges leading to a stairway or exit of any

kind, or tolerating or allowing said violations;

2. Prevention, interference or obstruction of anyoperation of the BFP, or of duly organized

and authorized fire brigades.

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3. Obstructing designated fire lanes or access

to fire hydrant.

4. Overcrowding or admission of personbeyond the authorized capacity in moviehouses, theaters, coliseums, auditorium orother public assembly buildings except in

other assembly areas on the ground floorwith open sides or open doors sufficient toprovide exits;

5. Locking fire exits during periods whenpeople are inside the building;

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6. Prevention or obstruction of the automatic

closure of fire doors or smoke partitions ordampers;

7. Use of fire protective or fire fightingequipment of the Fire Service other than forfire fighting except in other emergencies

where their use are justified.8. Giving false or malicious fire alarms;

9. Smoking in prohibited areas as may be

determined by the Fire Service, or throwingcigars, cigarettes, or burning objects inplaces which may start or cause fires;

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10.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 orprocessing equipment;

11.Use of jumpers or tampering with electrical

wiring or overloading the electrical systembeyond its designed capacity or such otherpractices that tend to undermine the fire

safety features of the electrical system;

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12. Failure to observe fire safety precaution for thefollowing:

Hot ashes, live coals and embers;

Flammable paints, varnishes, stains and organic coatings;

Flammable and combustible liquids or gases of any classification;

Metallic magnesium in any form; Blasting agents, explosives and special industrial, explosive materials, blasting

caps, black powder, dynamic, nitrocellulose, fulminates of any kind, and

plastic explosives containing ammonium salt or chlorate;

Liquid nitroglycerine and liquid trinitrotoluoene;

Firework materials of any kind of form;

Explosive dusts and vapors; Welding or soldering;

Industrial/commercial baking and drying;

Smelting and forging; or

Refilling, distillation and solvent extraction of flammable/combustibleliquids; and

13. Other violations similar to or of the same nature as anyof the above, but not included in this listing, shalllikewise be allocated the same period.

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B. Within three (3) days

1. Constructing gates, entrances and walkways

to building components and yards whichobstruct the orderly and easy passage of fire

fighting vehicles and equipment;

2. Abandonment or leaving a building orstructure by the occupant or owner without

appropriate safety measures;

3. Failure to submit copy of fire insurance

policy within the prescribed time limit;

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B. Within three (3) days

4. Failure to observe fire safety precaution for thefollowing:

High piled or widely spread combustible stock;

Corrosive liquids, oxidizing materials, organic peroxide, nitromethane,

ammonium nitrate or any amount of highly toxic pyrophoric, hypergolic orcryogenic materials or poisonous gases as well as materials compoundswhich when exposed to heat or flame become a lire conductor orgenerate excessive smoke or toxic gases;

Matches in commercial quantities (more than 60 watchman's gross);

Combustible waste materials for recycling or resale;

Agricultural, forest, marine or mineral products which may undergospontaneous combustion;

Waste disposal of combustible materials;

Pressurized/forced-draft burning equipment; or

Motion picture projection using electrical lamp; and

5. Other violations similar to or the same nature as any ofthe above, but not included in this listing, shall likewisebe allocated the same period.

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C. Within seven (7) days

1. For failure to provide the fire safetyprecautions for the following:

Combustible fibers;

Cellular materials such as foam rubber,sponge rubber and plastic foam;

Mineral, vegetable or animal oils and otherderivative by-products.

2. Other violations similar to or of the samenature as any of the above, but not includedin this listing, shall likewise be allocated the

same period.

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D. Within ten (10) days

1. Failure to provide fire walls to separate

adjoining building, or warehouse and storageareas from other occupancies in the same

building; and

2. Other violations similar to or of the samenature as any of the above, but not included

in this listing, shall likewise be allocated thesame period.

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E. Within fifteen (15) days

1. Failure to provide, install and maintain the

following: Fire alarm system;

Provision for confining the fire at its source such as fireresistive floor slab or roof, curtain boards and other fire

containing or stopping components;

A fire exit plan or diagram for each floor of the building

showing the routes from each room to appropriate exits,

displayed prominently on the door of each room; and Properly marked and lighted exits with provisions for

emergency lights to adequately exit ways in case of

power failure.

2. Failure to develop and implement a fire safetyand education programs.

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E. Within fifteen (15) days

3. Failure to provide on effect the following:

Fire protection features such as sprinkler systems, hoseboxes, hose reels or standpipe system and other fire

fighting equipment; Termination of all exits in area affording sale passage to a

public way or safe dispersal area;

Stairways, vertical shafts, horizontal exits and other

means of egress sealed from smoke and heat;

Self-closing fire resistive door leading to corridors; Fire dampers in centralized air-conditioning ducts; or

Roof vents for use by fire fighters; and

4. Other violations similar to or of the same nature as

any of the above, but not included in this listing,shall likewise be allocated the same period.

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A. Against Private Person

1. Administrative Penalties

a. The owner, administrator, occupant or other personresponsible for the condition of the building, structure

and their premises or facilities who violates anyprovision of the Fire Code or any of its implementingrules and regulations shall be penalized by:

i. Administrative fine not exceeding PhP 50,000.00;or

ii. Stoppage of operations or closure of suchbuildings, structures and their premises or facilitieswhich do not comply with the requirements; or

iii. Both such administrative fine and closure ofbuilding/stoppage of operations to be imposedby the proper authorities.

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Provided that, payment of the fine,stoppage of operations and/or closure of

such buildings, structures, and theirpremises or facilities shall

.

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2. Punitive Penalties

a. In case of willful failure to correct thedeficiency or abate the fire hazard as

provided in the preceding subsection, theviolator shall, upon conviction, be punishedby:

i. Imprisonment of not less than 6 monthsnor more than 6 years; or

ii. By a fine of not more than PhP100,000.00; or

iii. Both such fine and imprisonment.

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Provided, however, that in the case of a

corporation, firm, partnership or association, the

fine and/or imprisonment shall be imposedupon 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:

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b. Any person who, without authority,

placed by the authorizedperson in this Code shall be liable for

in the

discretion of the court.

c. Any person, who

, shall be penalized with

.

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3. In all cases mentioned above, regardless ofwhether the violation is categorized asadministrative or punitive,

.

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B. Against Public Officer


The acts or omissions enumerated under para

2 (A) of Section 11 of RA 9514 shall render the

public officer/employee in charge of theenforcement of the Fire Code, its implementing

rules and regulations and other pertinent laws,

at thediscretion of the disciplining authority,

depending on the gravity of the offense.

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B. Against Public Officer


In case of willful violation involving the

abovementioned acts or omissions enumerated

under para 2(A) of Section 11 of RA 9514, the

such fine andimprisonment.

Provided that

.

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