RET'UBLIC OF THE PHILIPPINES

OEPARTMEI{T OF"THE INTERIOR AND I-OCAL GOVERNMEN'I'

Francisco Gold Condominium ll
Edsa Cor. Mapagmahal St., Diliman
Quezon Cilv

LEGAL SERVICE
DILG OPTNION NO. 01

s.

2011

MR. RAMIRO L. GARCIA, JR. FUAP

2F Roli's Arcade
La Salle Avenue
Bacolod City
Dear Mr. Garcia:

This pertains to your letter seeking our legal opinion on who is the
approving authority of the plans and specifications especially the
mechanical requirements (pumps) for the sprinkler system as required
by the Fire Code of the Philippines. If it is the BFP, would each local unit
have a Professional Mechanical Engineer qualified to analyze the design
as against the Office of the Building Official which has a professional
Mechanical Engineer in their Mechanical Engineering Section?

In reply to your first query, may we invite your attention to Section

5 of Republic Act No. 9514, otherwise known as "An Act Establishing a
Comprehensive Fire Code of the Philippines Repealing Presidential
Decree No. 1185 and for Other Purposes", which provides and we quote:

"Section 5. Responsibility for the Enforcement of

this Code - This Code shall be administered and enforced
by the Bureau of Fire Protection (BFP| under the direct
supervision and control ofthe Chiefofthe Bureau of Fire
Protection, through the hierarchy of organization as
provided for in Chapter VI of Republic Act No. 6975. x x

x x xtt.

Based on the foregoing, the implementation of the Fire Code is

lodged with the Bureau of Fire Protection, including the approval of the
plans and specifications of mechanical requirements for the sprinkler
system. This conclusion is arrived at, considering that plans and
specifications of mechanical requirements for the sprinkler system are
akin to fire safety measures.

In reply to your second query, may we invite your attention to Rule

8, Chapter 1, Division 1, Section 8.1.1.1 of the Implementing Rules and
Regulations of Republic Act No. 9514 which provides and the quote:
"Rule 8. FIRE SAFETY ENFORCERS
CHAFTER 1. QUALIFICATIONS OF FIRE SAFETY ENFORCERS

DMSION L. MINIMUM REQUIR"EMENTS

dulg designated qs Ftre Safetg Enforcers shall

posses minimum required qua'lification standard stated
BFP personnel

herein.

SECTION

8.1.1.1 FIRE SAFETY INSPECTORS

A. UNIFORMED PERSONNEL
1. Licensed Engineer (Civil, Electrical, mechanical,
Chemical, Sanitary and Electronic and Communication);
or Architect with at least one (1) year in the BFP service;
or Graduate of any baccalaureate degree course with at
least three (3) years in the BFP service;

2. Shall have

comple

ted Fire Arson investigation and

(FAIIC); or have undergone at least

Inspection Course
forty (40) hours of relevant seminars/workshops on the
Fire Code of the Philippines of 2008 and other relevant
fire safety seminars/ workshops; and

3. Non-licensed and non-engineering graduate must

pass

the written fire safety inspection examination conducted

by the BFP.

B. NON-UNIFORMED PERSONNEL
1

. Appointed as Engineers (Civil, Electrical,

mechanical,
Chemical, Sanitary and Electronics and Communication);
or Appointed as Electrical/ Building Inspectors; and

2. Shall

have undergone at least

forff

(a0) hours of relevant

seminars/workshops on the Fire Code of the Philippines
and other relevant lire safetv seminars /workshoos.

3.

Electrical / building inspectors

must pass the written

examination conducted by the BFP, otherwise they can

only conduct inspection relative to their appointment's
duties and functions.

Based on the above-cited provisions, we are of the view that it is

not compulsory for the Fire Safety Inspectors of the Bureau of Fire
Protection in each local unit to be a Professional Mechanical Engineer. A
Fire Safety Inspector in each iocal unit may or not be a licensed engineer,
however, such fire safety inspectors must comply with the minimum
requirements as cited above.
Hope we have enlightened you on the matter.

7\ ,'n'-z_
B. DOQUE
r III

TV