Implementing Details of Section 14.0.0.7 of the IRR of RA 9514

May 6, 2011

BFP MEMORANDUM CIRCULAR NO. 073-11

 

I. Background

The Implementing Rules and Regulations of RA 9514 otherwise known as the Comprehensive Fire Code of the Philippines, Section 14.0.07 as amended provides:

These Implementing Rules and Regulations shall take effect 30 days after publication of the last installment in a newspaper of general circulation.

Transitory Clause. The owner, administrator or occupant of buildings or structures existing at the time of the effectivity of RA 9514 and its IRR is given two (2) years to comply with the provisions on the requirements for installation of the Automatic Fire Suppression Systems (sprinkler system), provided, however, that the buildings or structures must be compliant to the provisions on fire safety system and requirements of PD 1185 during the period of compliance.

Pursuant to the policy of the State to strengthen public safety and promoting economic development through the prevention and suppression of all kinds of destructive fires, RA 9514 is now more stringent in implementing fire safety measures and requirements. One of these requirements is the installation of automatic fire facilities such as the Automatic Fire Suppression System (AFSS) which has proven to be of great help in ensuring fire safety preventing loss of life and of mitigating damage of property caused by fire. However, with its implementation, many buildings were affected and find it difficult to comply instantaneously, hence, the amendment of Section 14.0.0.7 of the IRR of 9514 and these implementing details, giving two (2) years moratorium to affected buildings and structures. ACETID

II. Scope

These implementing guidelines shall apply to all buildings or structures existing at the time of the effectivity of the IRR of RA 9514 on November 18, 2009 and were compliant to the provisions of PD 1185.

These also apply to all buildings or structures that were not required AFSS installation by PD 1185 and its IRR but are now required to install AFSS due to the changes introduced by RA 9514 and its IRR.

Further, these also apply to new buildings applying for FSIC for occupancy whose Fire Safety Correction Sheets were approved prior to the effectivity of the IRR of RA 9514 on November 18, 2009. These buildings were not required to install sprinkler systems upon approval of its Fire Safety Correction Sheets, however, by virtue of the provisions of RA 9514, they are required to install sprinkler system upon application of FSIC for occupancy.

III. Policies and Procedures

1. The two (2) year moratorium/period of compliance shall commence on February 14, 2011.

2. Upon application of a building/structure owner or administrator for Fire Safety Inspection Certificate (FSIC), the MFM/CFM or its authorized representative, shall evaluate the documentary requirements and conduct inspection on buildings/structure to determine compliance with Presidential Decree 1185. After evaluation and inspection, the following have to be observed;

a. Should the building/structure fall within the scope embodied in Item II of this circular, then the two (2) years moratorium is applicable. The owner or administrator thereof will be required to execute an Affidavit of Undertaking, stating that they will comply with the provisions of RA 9514 on the requirements for installation of AFSS within the two-year moratorium period. After complying with the other requirements of the Fire Code, an FSIC will then be issued in accordance with the provisions of RA 9514 and its IRR.

b. Should the building/structure not fall within the scope enumerated in Item II, the two-year moratorium is not applicable.

3. If the building/structure is not covered by this circular granting two-year moratorium, the owner or administrators thereof shall apply for an Alternative/Remedial Measures under Memorandum Circular No. 2010-17. The issuance of the Fire Safety Inspection Certificate (FSIC) shall be dependent on the compliance of the approved alternative/remedial measure.

IV. Repealing Clause

All directives, issuances, memoranda inconsistent with this Memorandum circular are hereby repealed or amended accordingly.

V. Effectivity

This Memorandum Circular shall take effect immediately. DSTCIa

(SGD.) ROLANDO M. BANDILLA, JR., CESO IVDirector, BFPChief Bureau of Fire Protection

Approved by:

(SGD.) JESSE M. ROBREDOSecretaryDepartment of the Interior and Local Government