Rules and Regulations on the Sale, Manufacture, Distribution and Use of Firecrackers and Other Pyrotechnic Devices

 December 14, 2016

 DILG MEMORANDUM CIRCULAR NO. 2016-176

 RULES AND REGULATIONS ON THE SALE, MANUFACTURE, DISTRIBUTION AND USE OF FIRECRACKERS AND OTHER PYROTECHNIC DEVICES

1.0 Background

1.1. It has been part of the Filipino tradition to use firecrackers and other pyrotechnic devices in celebrating significant events and holidays, particularly during the Christmas season.

1.2. Republic Act No. 7183, dated January 30, 1992, regulates and control the sale, manufacture, distribution and use of firecrackers and other pyrotechnic devices consistent with, and in furtherance of, public safety, order and national security, as well as the enhancement of cultural traditions.

1.3. Since the enactment of R.A. No. 7183, surveillance data still show that fireworks-related injuries emanating from its indiscriminate use has been consistently high.

2.0 Purpose

The purpose of this policy is to enjoin coordinative efforts from the Department of the Interior and Local Government (DILG), Philippine National Police (PNP), Bureau of Fire Protection (BFP), and local government units (LGUs), on the regulation of the sale, manufacture, distribution and use of firecrackers and other pyrotechnic devices, and the adoption of advocacy campaigns and preventive measures from firecracker and firework injuries or death and damage to properties, during Christmas and New Year celebrations. HESIcT

3.0 Legal Compliance

This Circular is in furtherance of public safety, order and national security, pursuant to the following laws:

3.1. Republic Act No. 7183, An Act Regulating the Sale, Manufacture and Use of Firecrackers and Other Pyrotechnic Devices;

3.2. DILG-DOH-DOF-DTI Joint Memorandum Circular No. 01, series of 2014, Coordination of Government Agencies for the Implementation of Republic Act No. 7183, and Adoption of Advocacy Campaigns and Measures for the Prevention of Injuries, Death and Damage to Properties Caused by Firecrackers; and

3.3. Section 16 of Republic Act No. 7160 or the Local Government Code of 1991, on the promotion of health and safety and general welfare of the people.

4.0 Scope/Coverage

All Provincial Governors, City and Municipal Mayors, Punong Barangays, DILG Regional Directors, ARMM Regional Governor, Philippine National Police, Bureau of Fire Protection, and all others concerned.

5.0 Policy Content and Guidelines

5.1. Roles and Responsibilities. All concerned officials and officers are hereby reminded to implement and observe their respective roles and responsibilities, in accordance with existing laws, rules and regulations:

5.1.1. The Provincial Government, through the Provincial Governor, shall:

5.1.1.1. Ensure that the acts of component cities and municipalities of the province and of its officials and employees are within the scope of their prescribed powers, functions, duties and responsibilities, pursuant to Section 465 (b) (2) (i) and Section 29 of the Local Government Code of 1991;

5.1.1.2. Ensure that only the following types of firecrackers and pyrotechnic devices are being manufactured, sold, distributed and used, as allowed under the 2012 Revised Implementing Rules and Regulations governing the administration and enforcement of R.A. No. 7183:

a) Firecrackers

i. Baby Rocket

ii. Bawang

iii. Small Trianggulo

iv. Pulling of Strings

v. Paper Caps

vi. El Diablo

vii. Judah's Belt

viii. Sky Rocket or Kwitis

ix. Other types equivalent to the foregoing in explosive content caITAC

b) Pyrotechnic Devices

i. Sparklers

ii. Luces

iii. Fountain

iv. Jumbo (regular and special)

v. Mabuhay

vi. Roman Candle

vii. Trompillo

viii. Airwolf

ix. Whistle Device

x. Butterfly

xi. All kinds of pyrotechnic devices (pailaw)

xii. Other types equivalent to the foregoing devices;

5.1.1.3. Direct the PNP to confiscate the following types of firecrackers and pyrotechnic devices that are prohibited by R.A. No. 7183 and its 2012 revised IRR:

a) Atomic big, Trianggulo, Super Lolo, Giant Whistle Bomb and other types equivalent to the foregoing in explosive content,

b) Firecrackers which are overweight or more than 0.2 grams or more than 1/3 teaspoon in explosive content,

c) Firecrackers which are oversized,

d) Firecrackers with fuse that burns in less than 3 seconds or more than 6 seconds,

e) Imported finished firecracker products,

f) Firecrackers with mixture of phosphorous or sulfur with that of chlorate,

g) Polyvinyl pipe "boga",

h) Manufactured, sold or distributed without the necessary occupancy permit, or business or permit to operate,

i) Transported without a "Permit to Transport", in the case of a dealer,

j) Imported firecrackers/fireworks in the market;

5.1.1.4. Direct all its component cities and municipalities to take the lead in the conduct of an information campaign within their respective jurisdictions on the (a) danger that the polyvinyl chloride pipe or "boga" and firearms may cause to the user or others, and (b) danger of fire due to the use of firecrackers or fireworks; ICHDca

5.1.1.5. Convene the Local Peace and Order Council in order to incorporate in the Public Safety Plan specific project(s) aimed at protecting constituents from the danger brought by the use of firecrackers, pyrotechnic devices, and firearms, and to ensure that police or other law enforcement agency personnel implement the project(s); and

5.1.1.6. Cooperate with the Philippine National Police and Bureau of Fire Protection in the conduct of inspection, confiscation and destruction of prohibited firecrackers being sold to the public and provide necessary penalties for the same, as well as in the enforcement of the rules and regulations of R.A. No. 7183 and its 2012 Revised IRR.

5.1.2. The City/Municipal Government, through the Mayor, shall:

5.1.2.1. Cause the enactment of an ordinance which regulates the manufacture, sale, distribution and use of any firecracker and pyrotechnic devices and promote an alternative form of revelry;

5.1.2.2. Strictly enforce existing laws and ordinances relative to the sale, manufacture, distribution and use of firecrackers, polyvinyl pipe "boga" and other pyrotechnic devices, as mandated by Section 455 (b) (2) and Section 444 (b) (2), LG Code of 1991;

5.1.2.3. Ensure that the acts of component barangays and of its officials and employees are within the scope of their prescribed powers, functions, duties and responsibilities, pursuant to Section 455 (b) (2) (i) and Section 444 (b) (2) (i), LG Code of 1991;

5.1.2.4. Designate the following zones pursuant to R.A. No. 7183 and IRR of R.A. No. 9514, or the Revised Fire Code of the Philippines of 2008:

a) Manufacturing Zone (Section 7, R.A. No. 7183) — a designated area where a manufacturing complex may be established,

b) Display Center or "Firecracker and Pyrotechnic Zone" (Section 10.4.6.5, IRR of R.A. No. 9514) — a designated area for selling firecrackers and pyrotechnics, and

c) Fireworks Exhibition Zone (Section 10.4.6.7, IRR of R.A. No. 9514) — a designated area where fireworks exhibition maybe conducted;

5.1.2.5. Observe the following safety guidelines within these zones:

a) Manufacturing Zone (Section 7, R.A. No. 7183)

i. The manufacturing complex should be 300 meters away from the nearest residential areas. In the absence of a perimeter, the 300 meters are to be measured from the closest wall, TCAScE

ii. The manufacturing complex shall be governed by, but not limited to, the following safety measures:

• All buildings shall have adequate ventilation, no concrete floors, must be leak-proof and furnished with necessary fire extinguishers,

• The warehouse must be at least fifty (50) meters away from any processing station of the complex, and

• The following processing stations of the complex shall be laid out according to the indicated minimum distance from each other with all sides open:

• Mixing 50 MTS

• Grinding 40 MTS

• Packaging 40 MTS

• Nagmimitsa 20 MTS

• Loading 20 MTS

b) Display Center or "Firecracker and Pyrotechnic Zone" (Section 10.4.6.5, IRR of R.A. No. 9514)

i. Display centers for selling firecrackers and pyrotechnics shall be separated from each other by a firewall with a fire resistance rating of not less than two (2) hours as determined by the BFP,

ii. All malls and other similar establishments shall not be utilized as display centers for selling of firecrackers and pyrotechnics unless done through media presentation or other means without necessarily displaying the said firecrackers therein,

iii. Fire extinguisher/s shall be provided in accordance with Section 10.2.6.7 of the IRR of R.A. No. 9514,

iv. Smoking within fifteen meters (15m) from a display center shall not be allowed,

v. Testing of firecrackers and pyrotechnics shall be prohibited, and

vi. Stoves, exposed flames, and portable electric heaters shall be prohibited.

c) Fireworks Exhibition Zone (Section 10.4.6.6 and Section 10.4.6.7 IRR of R.A. No. 9514)

i. That a clearance to conduct fireworks exhibition from the City/Municipal Fire Marshal having jurisdiction be secured,

ii. That a permit to possess and display fireworks shall first be secured from the Philippine National Police, cTDaEH

iii. That fireworks be fired at a distance of one hundred feet (100ft) away from people,

iv. That all fireworks shall project upwards,

v. That a responsible person of at least (21) twenty one years old and with adequate knowledge of handling fireworks shall be assigned to supervise fireworks display,

vi. That sufficient approved type of first aid fire protection equipment shall be on hand at the site during fireworks exhibition, and

vii. That the nearest fire station shall be notified of such exhibitions

5.1.2.6. Ensure that only the enumerated types of firecrackers and pyrotechnic devices under Item No. 3.1.2 of this Joint Circular are being manufactured, sold, distributed and used, as allowed under 2012 Revised IRR Governing the Administration and Enforcement of R.A. No. 7183;

5.1.2.7. Direct the PNP to confiscate prohibited types of firecracker and pyrotechnic devices as enumerated under Item No. 3.1.3 of this Joint Circular as well as those imported firecracker and pyrotechnic devices;

5.1.2.8. Issue a Mayor's Permit to manufacturer, dealer and retailer of firecrackers, within ten (10) working days from the filing of application, provided that a BFP Certification has already been issued and all other necessary requirements have been complied with, pursuant to Section 8 of Republic Act No. 9485, otherwise known as the Anti-Red Tape Act of 2007; 1

5.1.2.9. Revoke or cancel Mayor's permit of a manufacturer, seller or distributor who is engaged in prohibited firecrackers and other pyrotechnic devices;

5.1.2.10. Take the lead in the conduct of an information campaign within their respective localities on the (a) danger that the polyvinyl chloride pipe or "boga" and firearms may cause to the user or others, and (b) danger of fire due to the use of firecrackers or fireworks;

5.1.2.11. Cooperate with the Philippine National Police and Bureau of Fire Protection in the conduct of inspection, confiscation and destruction of prohibited firecrackers being sold to the public and provide necessary penalties for the same, as well as in the enforcement of the rules and regulations of R.A. No. 7183 and its 2012 Revised IRR; and

5.1.2.12. Convene the Local Peace and Order Council in order to incorporate in the Public Safety Plan specific projects aimed at protecting constituents from the danger brought by the use of firecrackers, pyrotechnic devices, and firearms, and to ensure that police or other law enforcement agency personnel implement the projects.

5.1.3. The Barangay Government, through the Punong Barangay, shall: cSaATC

5.1.3.1. Assign the Barangay Tanod to undertake the following:

a) Regular "ronda" to assist the police in monitoring and ensuring that manufacturing, display center, and fireworks exhibition are within the designated zones,

b) Report to the police any violation on the designated zones, and

c) Upon request, provide necessary assistance to law enforcement agencies;

5.1.3.2. Conduct massive advocacy and information dissemination within the barangay;

5.1.3.3. In coordination with the City or Municipal Government, as the case may be, designate particular zones as mentioned under Item No. 6.2.4 of this Joint Memorandum Circular and observe the safety guidelines as enumerated in Item No. 6.2.5 of this Joint Memorandum Circular, pursuant to R.A. No. 7183 and IRR of R.A. No. 9514;

5.1.3.4. Ensure that the City or Municipal Ordinance on the regulation of sale, manufacture, distribution and use of fireworks, polyvinyl pipe "boga" and other pyrotechnic device is faithfully complied within the barangay;

5.1.3.5. Cooperate with the Philippine National Police and Bureau of Fire Protection in the conduct of inspection, confiscation and destruction of prohibited firecrackers being sold to the public and provide necessary penalties for the same, as well as in the enforcement of the rules and regulations of RA No. 7183 and its 2012 Revised IRR; and

5.1.3.6. Report suspicious and illegal manufacture, sale, distribution, use and importation of firecrackers and pyrotechnic devices to the following: PNP-Explosives Management Division (EMD) HOTLINE 723-0401 local 4498, "I-text mo kay TSIP" at 09178475757, or email at [email protected].

5.1.4. The Philippine National Police shall:

5.1.4.1. Promulgate rules and regulations on the manufacture, sale, distribution, use and importation, including the determination and review of the gun powder and other raw material contents of firecrackers and pyrotechnic devices, pursuant to Section 12, R.A. No. 7183. "Importation", for this purpose, refers to the importation of explosive ingredients and chemicals as being allowed but only for those duly licensed manufacturer and with prior clearance/authority from the PNP;

5.1.4.2. Conduct regional safety trainings or seminars for manufacturers, dealers, distributors and aerial display operators of fireworks to minimize accidents;

5.1.4.3. Issue a PNP license and permit to manufacture, deal and retail firecrackers which must be accompanied by BFP Certification and Mayor's Permit;

5.1.4.4. Issue a PNP permit to transport firecrackers and pyrotechnic devices, when necessary under Section 6 of the IRR of R.A. No. 7183, and escort the same with the aid of the Philippine Coast Guard during their transport in waters; cHDAIS

5.1.4.5. Conduct checkpoint operations to prevent the proliferation of loose firearms and other deadly gadgets and instruments that can endanger the populace;

5.1.4.6. Implement appropriate measures to prevent all gun holders from illegally discharging their firearms during the yuletide season; and

5.1.4.7. Maintain existing hotline(s) where complaints or any reports relative to the illegal use, manufacture, deal, and retail of firecrackers or fireworks may be submitted;

5.1.4.8. Conduct joint inspection and seizure of prohibited firecrackers and pyrotechnic devices; and

5.1.4.9. In coordination with BFP,

a) Strictly enforce all laws related to firecrackers and pyrotechnic devices by conducting intensified joint inspections of warehouses and manufacturing sites and common areas of sale and use of firecrackers and other pyrotechnic devices,

b) Conduct joint inspection and seizure of prohibited firecrackers and pyrotechnic devices, in coordination with Local Government Units (LGUs), as the PNP deemed it necessary, and

c) Jointly coordinate with the LGUs on the passage of corresponding city, municipal and barangay Ordinances for the designation of firecrackers and pyrotechnic zones and authorized locations for the selling of firecrackers and pyrotechnic devices.

5.1.5. The Bureau of Fire Protection shall:

5.1.5.1. Ensure that no person shall manufacture, store, handle and/or use any firework material of any kind or form without securing a Fire Safety Inspection Certificate (FSIC) from the City/Municipal Fire Marshal having jurisdiction, which is a prerequisite for the granting of permit issued by the PNP in accordance with R.A. 7183, as amended, pursuant to Section 10.4.6.2, IRR of RA No. 9514;

5.1.5.2. Enter into Memoranda of Agreement with other departments, bureaus, agencies, offices and corporations of the government, as well as private institutions, in order to define areas of cooperation and coordination and delineate responsibility on fire prevention education, fire safety, fire prevention, fire suppression and other matters of common concern during the holiday seasons, pursuant to Section 5 (e), R.A. No. 9514; and

5.1.5.3. Undertake joint activities, in coordination with PNP, as enumerated in Item No. 5.1.4.9 of this Memorandum Circular.

5.1.6. The Department of the Interior and Local Government, through its Regional and Field Offices, shall:

5.1.6.1. Cause the dissemination of this Memorandum Circular to all local government within their respective regional assignments;

5.1.6.2. Exercise close supervision, in partnership with the DOH, in ensuring LGU compliance with this Memorandum Circular;

5.1.6.3. Upon request by the BPF or PNP, the DILG Field Officer may join the inspection and seizure of prohibited firecrackers and pyrotechnic devices; DHITCc

5.1.6.4. The DILG Regional Office shall submit reports not later than December 15, 2016 on the presence or absence of ordinances banning the manufacture, sale and use of firecrackers, as well as the presence or absence of designated firecrackers zones at [email protected]; and

5.1.6.5. The DILG Regional Office shall submit reports not later than January 10, 2017 on the number of injured persons caused by firecrackers from December 21-January 5, 2016 at [email protected].

6.0 Penal Provisions

Non-compliance with this Memorandum Circular is tantamount to dereliction of duty and shall be dealt with in accordance with pertinent laws, rules and regulations.

7.0 References

7.1. Republic Act No. 7160, The Local Government Code of the Philippines;

7.2. Republic Act No. 7183, An Act Regulating the Sale, Manufacture and Use of Firecrackers and Other Pyrotechnic Devices; and

7.3. DILG-DOH-DOF-DTI Joint Memorandum Circular No. 01, series of 2014, Coordination of Government Agencies for the Implementation of Republic Act No. 7183, and Adoption of Advocacy Campaigns and Measures for the Prevention of Injuries, Death and Damage to Properties Caused by Firecrackers.

8.0 Repealing Clause

All DILG Memorandum Circulars inconsistent herewith, in part or in full, are hereby modified, revoked, or repealed accordingly.

9.0 Effectivity

This Memorandum Circular shall take effect immediately.

10.0 Approving Authority

(SGD.) ISMAEL D. SUENOSecretary

11.0 Feedback

For related queries, kindly contact the Policy Compliance Monitoring Division of the Bureau of Local Government Supervision at Tel. nos. (02) 928 9181 or (02) 925 0351 or at email address at [email protected].

Footnotes

1. Failure to act within the prescribed period may subject concerned LGU officials and/or employees to sanctions provided under Section 11 of the same Act and other applicable laws.