Prohibition on BFP Personnel from Engaging in Any Act of Impropriety Pertaining to Enforcement and Implementation of Fire Code

August 10, 2016

BFP MEMORANDUM CIRCULAR NO. 2016-016

 

Republic Act 9514, otherwise known as the "Fire Code of the Philippines of 2008" shall be 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, through the hierarchy of organization as provided for in Chapter VI of Republic Act 6975.

Section 11, para. 2, sub-para. a-7 of RA 9514 provides an administrative and criminal liability against responsible public officer/employee who abuses his/her authority in the performance of his/her duty through acts of corruption and other unethical practices.

It has been a long standing policy of the BFP to prohibit BFP personnel from engaging in the selling of fire extinguishers or other fire protection equipment or acting as sales agent of the manufacturers or dealers of the same.

However, it has been observed that despite of numerous issuances and circulars that have been issued relative to that effect, reports and complaints were still reaching concerned offices regarding the involvement of BFP personnel to said prohibited activities.

Such acts whether true or not affect the integrity of the entire BFP organization which as a result create negative perception and distrust of the public that consequently upset our effort of achieving the organizational goal, the active participation of the community in ensuring a fire safe society and maintaining professionalization of the fire service in its rendition of services to the public.

Therefore, in order to address these perennial issues being thrown to the BFP administration and to put stringent measure against these unscrupulous individuals, this circular is hereby promulgated. HTcADC

SECTION 1. The prohibition under this circular applies to the following:

a. All uniformed or non-uniformed BFP personnel who performed any of the prohibited acts enumerated under Section 2 of this circular;

b. All uniformed or non-uniformed BFP personnel who act in connivance or collusion with other person/s to accomplish the prohibited acts enumerated under Section 2 hereof.

SECTION 2. Prohibited Acts. —

The following acts of any BFP Personnel shall constitute as abuse of authority in the performance of duty through unethical practices, in violation of Section 11, para. 2, sub-para. a-7 of RA 9514, to wit:

a. By engaging, directly or indirectly, in the selling of fire extinguishers or any firefighting equipment.

b. By acting or posing as agent or endorser in favor of any manufacturer, dealer or supplier of fire extinguisher or firefighting equipment.

c. Recommending grossly excessive number of fire extinguishers or fire fighting equipment, without any proper justification under the Fire Code.

d. Requiring applicants of Fire Safety Inspection Certificate (FSIC) to automatically recharge/refill the portable fire extinguishers annually even if the equipment is still in good condition in accordance with the existing established rules.

e. Delaying the release of FSIC or Fire Safety Evaluation Clearance (FSEC) and other clearances or permit required under the Fire Code in accordance with the period under the BFP Citizen Charter without just cause in accordance with the existing established rules.

f. By asking or soliciting any favor or monetary consideration from any manufacturer, dealer or supplier of fire extinguisher or firefighting equipment.

g. By disallowing the use of fire extinguishers which are not yet phased-out in accordance with DENR Administrative Order No. 2008-04, re: Revised Chemical Control Order for Ozone Depleting Substances (ODS).

For purposes of this circular, Firefighting equipment shall include Fire Protective and Fire Safety Device defined under Rule 3 — Definition of terms, of the IRR of RA 9514: "Any device intended for the protection of buildings or persons to include, but not limited to, built-in protection system such as sprinklers and other automatic extinguishing system, detectors for heat, smoke and combustion products and other warning system components, personal protective equipment such as fire blankets, helmets, fire suits, gloves and other garments that may be put on or worn by persons to protect themselves during fire."

SECTION 3. Penalty Clause. —

a. If after preliminary investigation a prima facie case exists or a probable cause was established that the involved BFP personnel complained of has probably committed any of the prohibited acts enumerated in the preceding section in accordance with the Revised Rules on Administrative Cases in the Civil Service (RRACCS), he/she shall be relieved immediately from his current position through the issuance of appropriate order by the concerned head of office.

b. The commission of any prohibited acts enumerated in the preceding section, after determination of prima facie case or probable cause in accordance with RRACCS, shall warrant the filing of administrative or criminal action defined under Sec. 11, para. 2, sub-para. a-7 of RA 9514 by concerned offices or as may be designated by the Chief, BFP. Subject personnel may be placed under preventive suspension in accordance with the existing applicable laws and regulations. aScITE

c. Any BFP personnel proven to have committed any prohibited acts enumerated under Section 2 hereof, in the proper administrative proceeding shall be imposed with the penalty of removal from the BFP service including its accessory penalties. Provided, however, in case of violation of Section 2 para g hereof, the violator shall be punished with reprimand for the first offense, and suspension or removal from the BFP service for the subsequent offense at the discretion of the disciplining authority, depending on the gravity of the offense.

d. The Chief, Fire Safety Enforcement Unit or Branch (in case of Manila, Quezon City Fire Districts and similar fire districts) shall be relieved from his/her designation/assignment if two (2) incidents relative to the abovementioned prohibited acts during his tenure occurred in the same city/municipality.

e. The City/Municipal or District Fire Marshal (in case of Manila, Quezon City Fire Districts and similar fire districts) shall be relieved from his/her designation/assignment if three (3) incidents relative to the above-mentioned prohibited acts during his tenure of office occurred in the same city/municipality.

f. After rendition of decision, if subject BFP personnel is absolved from the charges, he/she may be reinstated to his former assignment/designation only upon issuance of new bureau order designating him/her to said position, except for BFP Non-Uniformed Personnel holding plantilla position, the latter shall be automatically reinstated to his plantilla position.

SECTION 4. Responsibility of BFP Offices. —

a. The concerned Fire Marshal shall be relieved from his post, upon showing in a proper investigation that he did not take measures to reduce if not eradicate the commission of the prohibited acts by BFP personnel under his/her jurisdiction, or fails to initiate appropriate investigation against BFP personnel complained of having committed any of the prohibited acts enumerated under Section 2 hereof.

b. Regional Directors, Provincial, District, City and Municipal Fire Marshals in their respective area of jurisdiction shall create a monitoring team to ensure that this circular is properly complied.

SECTION 5. Repealing Clause. —

All Memoranda, Orders, SOP's and Memorandum circulars inconsistent with this Circular are hereby rescinded, amended, and modified accordingly.

SECTION 6. Effectivity. —

This Memorandum Circular shall take effect fifteen (15) days after submission of copy of this circular to the UP Law Center.

(SGD.) RODRIGO R. ABRAZALDOCSUPT (DSC) BFP