A Resolution Recommending the Amendment of Para (C) (1), Section 10.2.14.1 of the IRR of RA 9514 to Adopt the 4.6 Sq.m Occupant Load Factor/Density for Concentrated Use, Business Occupancy

September 27, 2018

DILG-BFP FIRE CODE TECHNICAL STAFF RESOLUTION NO. 002-18

"A RESOLUTION RECOMMENDING THE AMENDMENT OF PARA (C) (1), SECTION 10.2.14.1 OF THE IRR OF RA 9514 TO ADOPT THE 4.6 SQ.M. OCCUPANT LOAD FACTOR/DENSITY FOR CONCENTRATED USE, BUSINESS OCCUPANCY"

WHEREAS, it is a well-entrenched constitutional principle that "The maintenance of peace and order, the protection of life, liberty and property, and the promotion of the general welfare are essential for the enjoyment by all the people of the blessings of democracy" (Sec. 5, Art. II, 1987 Philippine Constitution);

WHEREAS, the Bureau of Fire Protection shall be responsible for the prevention and suppression of all destructive fires on buildings, houses and other structures, forest, land transportation vehicles and equipment, ships or vessels docked at piers or wharves or anchored in major seaports, petroleum industry installations, plane crashes and other similar incidents, as well as the enforcement of the Fire Code and other related laws (Sec. 54, R.A. 6975); AIDSTE

WHEREAS, the Bureau of Fire Protection (BFP) is mandated to enforce the provisions of Republic Act 9514 otherwise known as the Fire Code of the Philippines (FCP) pursuant to Republic Act 6975;

WHEREAS, the Fire Code Technical Staff (FCTS) was created pursuant to Section 6 of RA 9514 and Division 2, Rule 5 of its Implementing Rules and Regulations (IRR) to study, review and evaluate latest developments and standards on fire technology and to advise the Chief, BFP on any matter brought to his attention as among its functions;

WHEREAS, due to radical changing environment in the business community and PRESIDENT RODRIGO ROA DUTERTE's thrust to promote simplification of government transactions and inter-operability of government processes, as well as the strengthening of communication and coordination among government agencies, the BFP is committed in its endeavor to ensure full implementation of the FCP and at the same time promote the ease of doing business;

WHEREAS, the letter dated 02 February 2018 from BGen. CHARITO PLAZA, Director General of PEZA, addressed to HON. EDUARDO AÑO, OIC DILG was brought to the attention of the BFP through its Fire Code Technical Staff regarding its request to adopt the occupant density of 4.6 m2 per person for IT enterprises;

WHEREAS, the aforementioned letter opined that after consultations with stakeholders and as recommended then by the Joint Foreign Chambers of Commerce in the Philippines, PEZA, as the Building Official for PEZA Economic Zones and IT Parks and Centers, and after having done its own evaluation, adopted the Occupant Density of 4.6m2 per person for IT enterprises. No different from the occupant density requirement provided in the IRR of the National Building Code of the Philippines for "School Shops," "Vocational Institutions" and "Laboratories" and from what is stated in the IRR of FCP for "shops, laboratories, and similar vocational rooms"; AaCTcI

WHEREAS, PEZA's basis in adopting Chief, Occupant Density of 4.6 m2 is the express authority given to the Building Official on the determination of occupant load/density as provided in Section 1.a. of Rule XII (Occupant Loads), "General Design and Construction Requirements" of the NBCP's IRR which provides that "When the unit area per occupant for any particular occupancy is not provided for in Table XII.1, the Building Official shall determine the same based on the unit area for occupancy, which it most nearly resembles";

WHEREAS, in another letter dated 19 February 2018 from Mr. Rey Untal, President & CEO, Information Technology and Business Process Association of the Philippines co-signed by members of the Chamber of Commerce, Philippines, Inc., addressed to F/DIR. LEONARD R. BAÑAGO, Chief, BFP, they re-iterated their appeal for flexibility on the part of the BFP and to recognize the certification being issued by property developers to IT-BPM companies stating that their building design is compliant with the Local Fire Code in as much as the number of fire exits and measurement of fire exit doors are concerned; acEHCD

WHEREAS, the occupant load factor is essential in determining the number of occupant load in a building or establishment for purposes of determining the means of egress and other fire safety requirements of the Fire Code that is dependent on the number of persons or occupant load;

WHEREAS, Para D Section 10.2.5.2 of the Fire Code of the Philippines of 2008 expressly states that the occupant load in any building or portion thereof shall be the maximum number of persons that may be in the space at any time, as determined by the City/Municipal Fire Marshal having jurisdiction, but shall not be less than the number computed by dividing the floor area assigned to that use by the occupant load factor;

WHEREAS, the reference code of the Implementing Rules and Regulations of RA 9514 is NFPA 101, Life Safety Code 2006 Edition. The NFPA 2006 Edition provides similar provisions relative to occupant load for Business Occupancy. Chapter 38.1.7 of NFPA 101 (Annex A) provides that "the occupant load, in number of persons for whom means of egress and other provisions are required, shall be determined on the basis of the occupant load factors of Table 7.3.1.2 (Annex B) that are characteristic of the use of space, or shall be determined as the maximum probable population of the space under consideration, whichever is greater." Similarly, the Occupant Load Factor for Business Occupancy is 9.3 m2 per person under NFPA 2006 Edition. Also, Chapter 7.3.1.3.1 (Annex B) of the NFPA provides that, the occupant load in any building or portion thereof shall be permitted to be increased from the occupant load established for the given use in accordance with 7.3.1.2 where all other requirements of this Code are also met, based on such increased occupant load;

WHEREAS, the updated reference code of the IRR of the Fire Code, particularly the NFPA 101, Life Safety Code, 2015 Edition has already addressed the issue on the occupant load for call center, wherein it classified Call Center as Business Occupancy under the category of "Concentrated Business Use" as shown in Table 7.3.1.2 and in the explanatory note, of Chapter 7.3.1.2 (Annex B) using the occupant load factor of 4.6m2 per person. The NFPA explains that the value of concentrated use is intended to address business uses spaces with higher density of occupants than would normally be expected in general business occupancy. Also, said changes in the occupant load factor for "Concentrated Use" does not provide exemption from complying with the means of egress and other fire safety requirements of the NFPA; SDHTEC

WHEREAS, the adoption of 4.6m2 per person occupant load for Business Occupancy on "Concentrated Use" as in the case of call center is proper. Provided, that the means of egress and other fire safety requirements of the Fire Code will also be followed or incorporated in the building;

WHEREFORE, in view of the foregoing, BE IT RESOLVED AS IT IS HEREBY RESOLVED THAT PARA (C) (1), SECTION 10.2.14.1 OF THE IRR OF RA 9514 BE AMENDED AND WORDED AS FOLLOWS:

"Section 10.2.14.1

A. x x x

B. x x x

C. Occupant Load

1. The occupant load, in number of persons for whom means of egress and other provisions are required, shall be determined on the basis of the occupant load factors that are characteristic of the use of the space or shall be determined as the maximum probable population of the space under consideration, whichever is greater. The Occupant load factor for general use shall not be less than one (1) person per nine and three tenths square meters (9.3 m2) of gross floor area, and for concentrated use as in the case of Call Centers, IT Centers, BPO's, and other similar occupancies, shall not be less than one (1) person per four and six tenths square meters (4.6 m2) of gross floor area devoted for that use, provided that the means of egress and other fire safety requirements of the Fire Code and this IRR are followed or incorporated in the building. HSAcaE

2. xxx xxx xxx"

That this amendment to the Implementing Rules and Regulations of RA 9514 shall take effect fifteen (15) days after its complete publication in the Official Gazette or in a newspaper of general circulation.

xxx xxx xxx

Done this _______________ at MGEN Madriaga Hall, 7th Floor BFP National Headquarters Building, Agham Road, Sitio San Roque, Barangay Bagong Pag-asa, Quezon City, Philippines.

(SGD.) CINSP. RODOLFO D. PFLIEDER JR.Member/Head Secretariat

(SGD.) INSP. GABRIEL G. SOLANOMember/Secretariat

(SGD.) INSP. MARLO H. SERITOMember/Secretariat

(SGD.) SINSP. MARIO R. TEOPE JR.Member/Secretariat

SINSP. RUEL B. CARRIEDOMember/Secretariat

(SGD.) SINSP. EDNA M. CONSULTAMember

(SGD.) CINSP. JAN GARRY D. LUNASMember

(SGD.) CINSP. ESTRELLA-LUZ M. LANTIONMember

(SGD.) ENGR. ARIEL T. MIRANDAMember

(SGD.) SUPT. RENATO B. CAPUZMember

(SGD.) SUPT. RENATO B. MARCIALVice Chairperson

(SGD.) SUPT. GILBERT D. DOLOTActing Director for Fire Safety and Enforcement

RECOMMENDING APPROVAL:

(SGD.) LEONARD R. BAÑAGOFire Director (DSC)

APPROVED:

(SGD.) USEC. EDUARDO M. AÑOOIC, DILG