Bureau of Fire Protection Modernization Act

Case Overview and Summary

Summary of the Bureau of Fire Protection Modernization Act

Declaration of Policy (Section 2)
- Ensure public safety through fire prevention and suppression, with community support.
- Formulate and implement plans to enhance, modernize, expand mandate and capability of the Bureau of Fire Protection (BFP).

Powers and Functions of the BFP (Section 3)
- Prevent and suppress fires in buildings, forests, vehicles, ships, petroleum installations, airports, etc. (Section 3a)
- Respond to natural or man-made disasters, rescue operations, medical emergencies, hazardous materials (HAZMAT), chemical, biological, radiological, nuclear and explosive (CBRNE) materials. (Section 3b)
- Issue rules, standards, fees, charges, and penalties related to the Fire Code of the Philippines. (Section 3c)
- Require building owners to submit plans and obtain fire safety evaluation clearance before building permit issuance. (Section 3d)
- Investigate fire causes and file complaints. (Section 3e)
- Maintain regional offices to implement policies, plans, and programs. (Section 3f)
- Establish fire laboratories and research facilities in Luzon, Visayas, and Mindanao. (Section 3g)
- Conduct training for personnel, volunteers, and practitioners on fire prevention, suppression, inspection, disaster preparedness, rescue, emergency medical response, HAZMAT, CBRNE, etc. (Section 3h)
- Conduct monthly fire prevention campaigns and information drives. (Section 3i)
- Develop and implement a comprehensive fire safety and protection program to strengthen capacity, build community resilience, and institutionalize disaster risk reduction measures. (Section 3j)
- Enter into contracts, agreements, or undertakings for acquisition, ownership, use, or disposition of real or personal property. (Section 3k)
- Request assistance from other government agencies and instrumentalities. (Section 3l)
- Perform other functions assigned by the President or the Secretary of the DILG. (Section 3m)

BFP Modernization Program (Section 4)
- Establish and implement the BFP Modernization Program to enhance personnel capability and acquire state-of-the-art facilities and equipment.
- Components:
- Fire Protection Service: Establish fire protection services, including rescue hotlines in all LGUs, prioritizing municipalities without existing services. (Section 4a)
- Force Restructuring and Organizational Development: Develop BFP into a compact, efficient, responsive, and modern firefighting force; submit revised organizational structure and staffing pattern within 90 days; design qualifications upgrading program. (Section 4b)
- Capability, Material, and Technology Development: Upgrade existing equipment through acquisition of new and modern equipment, vehicles, and personal protective equipment; phase out uneconomical and obsolete equipment. (Section 4c)
- Specialized Services Development: Establish specialized services such as high-rise building fires, forest fires, aircraft and airport fires, chemical fires, disaster rescue services, emergency medical services (EMS), Search and Rescue Force, HAZMAT units, Fire and Arson Investigation Unit, and Security and Protection Unit (SPU) in every region and city. EMS units to have ambulances, medical equipment, and qualified personnel. SPU to have up to 14 personnel, undergo neuropsychological examination and periodic trainings, and be provided with appropriate equipment. (Section 4d)
- Human Resource Development: Develop comprehensive training program for BFP personnel and volunteers, including mandatory training for new entrants and newly-appointed personnel; establish training facilities; promote volunteerism and develop guidelines for enlistment and training of BFP volunteers; provide necessary trainings for EMS personnel in coordination with DOH and TESDA. (Section 4e)

Submission to Congress (Section 5)
- Within 180 days, BFP to submit the BFP Modernization Program to Congress, in consultation with DILG, DBM, and DOF, containing:
- Personnel strength and inventory of facilities and equipment.
- Modernization projects and activities, and corresponding objectives.
- Priorities, schedules, and phases of implementation.
- Estimated average cost of each project or activity.
- BFP to submit annual report on progress and status of implementation to the President and Congress.

Multi-Year Contract and Other Contractual Arrangements (Section 6)
- BFP may enter into multi-year contracts or other contractual arrangements with local or foreign suppliers and contractors, subject to approval of the President, existing laws and regulations, and terms favorable to the government.
- For multi-year contracts, Congress shall appropriate funds for ensuing fiscal years upon issuance of multi-year obligational authority or contractual authority by DBM.
- BFP and DBM to issue implementing guidelines for contracting multi-year projects.
- BFP Chief to submit copies of multi-year contracts to Congress for appropriation.

BFP Modernization Trust Fund (Section 7)
- The trust fund created under the Fire Code of the Philippines shall be transferred to the BFP Modernization Trust Fund, administered by the BFP Chief.
- The trust fund shall be used exclusively for the BFP Modernization Program, including procurement of facilities, machineries, equipment, and services, excluding salaries and allowances.
- Sources of the trust fund:
- Appropriations for the BFP Modernization Program.
- 80% share of BFP from taxes, fees, and fines collected under the Fire Code of the Philippines.
- Proceeds from disposal of excess and uneconomically repairable equipment and assets.
- Funds from budgetary surplus authorized by Congress.
- Loans, grants, bequests, or donations specifically earmarked for the BFP Modernization Program.
- Interest income accrued to the trust fund.
- Fund releases charged against the trust fund shall not be subject to any ceiling by DBM.

Local Equity in the BFP Modernization Program (Section 8)
- City and municipal governments may use their share from taxes, fees, and fines collected under the Fire Code of the Philippines for:
- Operation and maintenance of local fire stations.
- Construction, repair, rehabilitation, and improvement of local fire stations.
- Acquisition of lots and right-of-way for local fire stations.
- Acquisition or installation of firefighting equipment, fire trucks, and aerial ladders.
- Procurement of personal protective equipment, self-contained breathing apparatus, and other firefighting tools.
- Other relevant programs, projects, and activities identified by the BFP.
- LGUs may implement development programs and projects complementary and supplementary to the BFP Modernization Program, charged against the allocation for local development projects.

Period of Implementation (Section 9)
- The BFP Modernization Program shall be implemented over a period of 10 years from the date of approval of this Act.
- Payment for amortization of outstanding multi-year contracts and obligations may extend beyond this period.

Strict Application of Ease of Doing Business and Efficient Government Service Delivery Act of 2018 (Section 10)
- Section 10 of Republic Act No. 11032 and its implementing rules and regulations shall be strictly enforced in processing fire safety permits, clearances, and certificates.
- A fire safety inspection certificate shall not be required for processing and approval of local business permits for professionals, freelancers, self-employed persons, individual contractors, and one-person corporations engaged in service activities and registered their residences as their principal place of business.

Congressional Oversight Committee (Section 11)
- A Joint Congressional Oversight Committee composed of 4 Senators and 4 Representatives shall be created to monitor and oversee the implementation of this Act.
- The Oversight Committee shall be co-chaired by the Chairpersons of the Senate Committee on Public Order and Dangerous Drugs and the House of Representatives Committee on Public Order and Safety.
- The Minority shall have at least one representative from each Chamber.
- The Oversight Committee shall conduct a sunset review of this Act within 5 years or as the need arises.

Appropriations (Section 12)
- The amount necessary to implement this Act shall be sourced from the BFP Modernization Trust Fund.
- Annual appropriations for the BFP Modernization Program shall include the amount necessary to support the funding requirements for all modernization projects submitted to Congress.
- Funds appropriated to implement this Act shall be included in the General Appropriations Act under the BFP.

Implementing Rules and Regulations (Section 13)
- The DILG and the BFP shall, in coordination with appropriate national agencies, LGUs, NGOs, and other stakeholders, promulgate the rules and regulations to effectively implement this Act within 90 days from its effectivity.

Repealing Clause (Section 15)
- Section 54 of Republic Act No. 6975, as amended, and Sections 5, 12, and 13 of Republic Act No. 9514 are hereby amended or modified accordingly.
- All other laws, decrees, ordinances, rules, regulations, other issuances or parts thereof which are inconsistent with this Act are also hereby repealed, amended or modified accordingly.

Effectivity (Section 16)
- This Act shall take effect 15 days after its complete publication in the Official Gazette or in a newspaper of general circulation.