Collection of Fire Code Revenues

January 9, 2012

DILG MEMORANDUM CIRCULAR NO. 006-12

 

In view of the necessity of maximizing the resources of the Bureau of Fire Protection (hereinafter referred to as "BFP", for brevity) in accordance with Republic Act No. 9514 and its Implementing Rules and Regulations, all local government officials within the National Capital Region (hereinafter referred to as "NCR", for brevity) are hereby directed to recognize the authority of the BFP in the assessment and collection of the Fire Code Revenues, particularly the FIRE SAFETY INSPECTION FEE. IDTSEH

The authority of the BFP in the assessment and collection of the Fire Code Revenues is clearly granted in Section 13 and Section 13-A of Republic Act No. 9514, otherwise known as the "Fire Code of the Philippines of 2008", to wit:

"Section 13. Collection of Taxes, Fees and Fines. — All taxes, fees and fines provided in this Code shall be collected by the BFP: Provided, That twenty percent (20%) of all such collections shall be set aside and retained for use by the city or municipal government concerned, which shall appropriate the same exclusively for the use of the operation and maintenance of its local fire station, including the construction and repair of fire station: Provided, further, That the remaining eighty percent (80%) shall be remitted to the National Treasury under a trust fund assigned for the modernization of the BFP.

Section 13-A. Assessment of Fire Code Taxes, Fees and Fines. — The assessment of fire code taxes, fees and fines is vested upon the BFP. The BFP shall subject, subject to the approval of the DILG, prescribe the procedural rules for such purpose." 1

The Fire Safety Inspection Fee is among the Fire Code Revenues, which the BFP is authorized to collect as a prerequisite to the grants of permits and/or licenses by local government. Section 12.0.0.2 (A) (6) of the Implementing Rules and Regulations of Republic Act No. 9514 states, to wit: cHCSDa

"6. Fire Safety Inspection Fee. Fee charged for the conduct of Fire Safety Inspection equivalent to ten per centum (10%) of all fees charged by the building official, or by the Local Government or by other government agencies concerned in the granting of pertinent permits or licenses." 2

Based on the foregoing, all concerned government officials within their respective territorial jurisdictions in the NCR are hereby directed to abide by the pertinent provisions of Republic Act No. 9514 and its Implementing Rules and Regulations on the authority of the BFP to assess and collect the necessary Fire Safety Inspection Fees, required to be paid by the applicants prior to the issuance of their Business Permits. All collections made prior to the effectivity of this Circular are hereby ordered to be turned over to the possession and custody of the City Fire Marshall concerned for proper remittance to the National Treasury under the trust fund assigned to the BFP.

The City Fire Marshalls within the NCR are hereby directed to coordinate with the concerned local government officials of their respective jurisdictions as regards the efficient and expeditious procedure for the collection of the subject fees.

Please be guided accordingly. SaHcAC

 

(SGD.) JESSE M. ROBREDOSecretary

Footnotes

1. Emphasis supplied.

2. Note from the Publisher: Missing footnote text.