Assessment of Fire Safety Law Implementation Essay Example
Assessment of Fire Safety Law Implementation Essay Example

Assessment of Fire Safety Law Implementation Essay Example

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  • Pages: 17 (4591 words)
  • Published: May 23, 2018
  • Type: Essay
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Chapter 1 The Problem and its Setting: Introduction

The government acknowledges the heightened fire hazard that exists in all locations and at any given moment. In response to this concern, President Ferdinand Marcos implemented Presidential Decree 1185, which is also referred to as the Fire Code of the Philippines. This code has served as a framework for ensuring fire safety for more than three decades. Nevertheless, contemporary fires are characterized by greater intensity and quicker propagation due to the utilization of modern building materials and appliances.

The phrase "It's better to be safe than sorry" has become more relevant today due to the progression of technology. Fire safety is a major concern for various entities including factory owners, manufacturing establishments, malls, offices, schools, and universities. The well-being of shoppers, students, and employees is at

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stake. To address present and future fire safety concerns, an amendment was made to the outdated PD 1185 through Republic Act 9514 (also known as the New Fire Code of 2008). This code mandates the installation of a Fire Detection Alarm System (FDAS) and an Automatic Fire Sprinkler System (AFSS), aligning our fire protection capabilities with other countries. Secretary Ronnie V from the Department of Interior and Local Government recognizes the urgent need for fire protection.

Puno has announced that the Bureau of Fire Protection (BFP) will undergo a sustained modernization program, as 80% of the expected annual revenues from fire code fees, amounting to P1 billion to P1.5 billion, will be allocated for this purpose. This commitment ensures that the BFP will be able to hire more firefighting personnel each year, thereby strengthening this crucial public safety agency. According to Republic Act 9514

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also known as the Revised Fire Code of the Philippines, the BFP will retain 80% of the estimated P1 billion to P1.5 billion in fire code fees to establish a funding source for its modernization program. In California, the State Fire Marshal's Office oversees comprehensive statewide statistics through the California Fire Incident Reporting System (CFIRS).

According to the June 1997 newsletter of the National Fire Protection Sprinkler Association, fire safety statistics from 1974-1994 demonstrate encouraging advancements in the state. Despite a population growth of 33.7% to reach 31 million people, there was a remarkable decline in total fires by 48.7% and residential fires by 58%.

Smoke detectors and fire sprinklers have significantly reduced civilian deaths and injuries in this state. Deaths have decreased by 52.8% while injuries have decreased by 43.4%. These statistics highlight the life-saving benefits of these safety measures. The decline in death and injury rates can be credited to fire prevention inspection programs, the widespread adoption of smoke detectors, and the growing installation of sprinkler systems in commercial and residential buildings. Moreover, there has been an enhancement of safety advocacy programs aimed at regulating fire incidents.

Education on fire safety and prevention is crucial in the Philippines due to the country's frequent occurrence of fires, often caused by faulty electrical connections. In 2006, there were 8,823 fire incidents resulting in 271 deaths, 596 injuries, and around P3.2 billion worth of property damage. The Bureau of Fire Protection's Regional Office 5 Intelligence and Investigation Branch recorded a total of 789 fire incidents from 2006 to 2008 in Bicol region alone, causing an economic loss of approximately P433,385,329.

The Legazpi community is significantly impacted by the increasing number

of fire incidents, which is a social vulnerability issue. This issue disproportionately affects socially vulnerable individuals, who are less likely to recover and more likely to die. Effectively addressing fire safety reduces both human suffering and economic loss associated with providing social services and public assistance after a fire, which is considered a disaster. In CY 2010, a total of 29,551 establishments were inspected for fire prevention purposes. This included 5,247 business occupancies and 416 educational occupancies. Legazpi City serves as the administrative capital of Bicol and the capital city of Albay province in the middle of the eastern part of Albay province and the Bicol region.

Legazpi, located in the Bicol region, is about 556 kilometers south of Manila. It is bordered by Sto. Domingo to the north, Albay Gulf and Manito to the east, Daraga to the west, and Pilar and Castilla Sorsogon to the south. Legazpi serves as the administrative center of the Bicol region and spans a total land area of 20,420.40 hectares or 204.

Legazpi city, covering 204 square kilometers, makes up approximately 8 percent of the total land area in Albay province. It is comprised of 70 barangays, with 41 classified as urban and 29 as rural. In the 2007 census, the city's population was recorded at 179,481 residents, placing it among the 147 emerging cities in the Philippines with over 100,000 inhabitants. Legazpi serves as the gateway to both Masbate and Catanduanes, two island provinces within Luzon. As a highly urbanized area, Legazpi would benefit from increased emphasis on fire prevention education to promote adherence to code regulations. This is crucial as public education plays a vital role in fire

prevention, and sustaining public support requires effective implementation of fire regulations.

When a business is established, its main objective is to achieve success, and fire regulations/code play a crucial role in this. The advantages of implementing fire regulations are that they serve the purpose of safeguarding lives and providing homeowners and business owners with a sense of peace knowing that their properties are protected. Every owner desires for everything to be well-organized, particularly in the day-to-day operations. However, prior to commencing operations, owners prioritize ensuring sufficient security measures are in place. Owners opt for insurance coverage to prevent encountering difficulties in the event of unexpected accidents.

Installing various fire fighting equipment can minimize loopholes when claiming for insurance in the future, while also securing and complying with fire regulations. This not only expedites the processing of building permits for businesses but is also mandated by law. Every business owner must comply with fire regulations by installing different fire fighting devices throughout the establishment to safeguard their business and staff from any tragic incidents.

Despite the advantages, fire safety provisions are not fully followed. Many existing establishments need major repairs, which are costly and can weaken the structure. In 2010, 2,335 establishments were issued notices to comply. To ensure compliance with RA 9514, LGUs should implement ordinances that require new or renewing businesses to undergo plan checking and fire inspection. Any deficiencies or violations can be addressed at that time and immediate corrections can be prescribed, as stated in Rule 9, Division 1 of RA 9514.

The City of Legazpi requires that fire safety inspections must be conducted prior to granting permits or licenses by local government or other agencies.

A Fire Safety Inspection Certificate (FSIC) from the City/Municipal Fire Marshal is necessary before an occupancy permit or business permit can be issued. Despite increased fire safety programs, some establishments are still not compliant with the fire code. The public needs more reminders and persuasion to follow the law in Legazpi City. In light of these limitations, the researchers aim to increase awareness of the need for fire safety regulations in Legazpi City by identifying existing fire safety ordinances and code provisions that can be adopted. The problem statement for this study is to identify the fire safety laws implemented in Legazpi City and understand the changes experienced by the community as a result.

This study examines the fire safety laws that need to be implemented to sustain Legazpi city’s development. It explores social vulnerability and protection theories, risk management, the causes and consequences of fire incidents, and decision-making processes and interventions to minimize risk. The Legazpi City Government will benefit from the findings, which can be used as a basis for creating new ordinances in accordance with RA 9514 (the New Fire Code of the Philippines of 2008). The study's findings will raise awareness of the requirements and implementation of fire safety laws, encouraging greater cooperation between the LGU and the Legazpi City Bureau of Fire Protection Office in implementing comprehensive fire safety programs to achieve zero fire incidents.

This study may raise public awareness among the General Public regarding the crucial importance of fire safety corrections, as determined by fire inspectors. It also includes grace periods for the costly installation of fire engineering features such as the fire detection and alarm system (FDAS), automatic fire

sprinkler system (AFSS), fire extinguishers (F.E), and emergency lights per corridor. The study calls for community participation in advocating fire safety and prevention practices.

The result of the study can serve as a review of existing fire prevention practices and the laws enforcing them for Building Owners, Tenants Administrators, and School Authorities. It aims to remind them to adopt an assertive approach in correcting deficiencies and incorporating them into renovation or construction plans when necessary.

The study aims to support the government's "Community Fire Safety Relation" initiative through the BFP (Bureau of Fire Protection) in Legazpi City Fire Headquarters. It will work towards strengthening the relationship between the Business and Education sectors, with a common goal of achieving zero fire incidents in the city. Additionally, this study will explore the connections between hazards, vulnerability, and disasters, as well as analyze the factors that impact disaster risk management governance. It will investigate the causes and signs of vulnerability and develop expertise in conducting vulnerability analysis.

CHAPTER 2 Review of Related Literature and Study

The present chapter discusses relevant studies, research, and literature related to the present study. Due to a lack of available materials on fire safety laws implementation in the city of Legazpi, foreign and local literature are reviewed to provide insights for the present research. This chapter also presents the state-of-the-art, identifies gaps in existing knowledge, and provides theoretical and conceptual frameworks as well as definitions of terms. The regulation of fire safety in buildings has been an ongoing issue since before the Marcos era.

Despite the implementation of PD 1185, the need for more participation and regulations to address the issue

of fire prevention remains. Efforts are being made to mobilize residents, establishment owners/tenants, and school administrators to act as force-multipliers in ensuring fire safety. Authorities believe that reinforcing ordinances is a necessary strategy to compel community support. The SunStar Baguio newspaper reported on April 21, 2011 that firefighters are encouraging barangays to establish their own volunteer firefighting teams in order to enhance manpower and respond to fires promptly. Senior Superintendent Richard Villanueva, the Baguio City Fire Marshall, sees this as a way to promote their services to the community. Recognizing that villagers are often the first to respond during fires, the Baguio Fire Department is training Barangay volunteer groups to address the current shortage of firefighters and equipment in the city.

Villanueva stated that trainings have been conducted among volunteers in T. Alonzo, New Lucban, Bonifacio, and Slaughterhouse this month. He also mentioned that the city is in need of more substations to address fire emergencies promptly, as only one fire substation has been built in Irisan. However, he added that another substation in Aurora Hill will be constructed soon.

There is a need to construct 18 more fire substations in the city in order to respond quickly to fire incidents. Currently, the city only has four functioning fire trucks, which hinders firefighting operations when multiple fires break out in different locations. Villanueva emphasized the importance of promoting awareness about fire safety measures and enforcing fire safety designs in buildings to prevent large fires. Additionally, organizing volunteer firefighting teams or fire brigades is crucial for promptly extinguishing fires in their initial stages.

Residents with proper and effective training are the most qualified and effective responders. They become "the

first-line-of defense" in addressing fires before firefighters arrive. The establishment of Barangay Volunteer Fire Brigades, in addition to the Chinese Volunteer Fire Brigades, should be mandated by an ordinance to support RA 9514, Rule 7 and provide assistance and support to the BFP, Section 7.0.1.

2 from local government units and organizing volunteer firefighting teams or fire brigades ensures the immediate suppression of fire at its early stage. The most qualified and effective responders are the residents themselves. With proper training, these residents become the “first-line-of–defense to address the fire prior to the arrival of the firefighters.

The establishment of Barangay Volunteer Fire Brigades should be formalized through a local ordinance to comply with RA 9514. According to Rule 7, Section 7.0.1.2, Local Government Units and other Government Agencies are mandated to provide assistance and support to the BFP, particularly in organizing and training fire brigades at the barangay level in order to have first responders readily available.

The International Code Council (ICC), the main developer of building safety codes and standards used in the US, faced new challenges in public safety after the 9/11 attacks on the World Trade Center. The ICC historically focused on evaluating and planning for measurable and predictable hazards in building safety and fire prevention codes, such as tornadoes, hurricanes, earthquakes, floods, and fires. However, the events of 9/11 showed that the effects of terror attacks on buildings are not easily quantifiable or predictable. The extent of damage depends on the expertise and resources available to those involved in destruction.

To address the 9/11 tragedy, a committee was formed consisting of experts in code enforcement, building and fire departments, design professionals, and fire protection

engineers. Gary Lewis, who has over 30 years of experience in code enforcement and serves as the Chief Inspector for Summit, N.J., chaired this committee known as the International Code Council Ad Hoc Committee on Terrorism-Resistant Buildings.

In May 2010, the committee completed their work. Throughout history, the nation's building and fire codes have always been responsive to tragic events, such as the 1906 San Francisco earthquake, the 1911 Triangle Shirtwaist fire in New York City, and more recent natural disasters like Hurricane Katrina. The Code Council became more active after the National Institute of Standards and Technology, a federal agency, published its report on the collapse of the World Trade Center. This report included 30 general recommendations for the model codes, standards industry, design community, and emergency responders.

ICC assessed the suggestions concerning model codes and began developing code change proposals to minimize the impact of a terrorist incident in case preventative measures like governmental intelligence efforts or building security failed," Lewis stated. While not all the code change proposals were successful, a considerable number were integrated. Those that were not successful have subsequently spurred action in different domains like structural design to tackle the concerns. Certain code change proposals led to increased construction expenses, while others were straightforward and had minimal or no cost implications but offered significant potential advantages.

The changes made to the International Codes after 9/11 encompass various measures. These include the requirement for elevators in high-rise buildings taller than 120 feet, enabling firefighters to reach and battle fires without having to climb from the ground floor with heavy equipment. For high-rises surpassing 420 feet, an additional stairway is now mandatory.

Alternatively, there is an option to provide enhanced elevators that occupants can use for emergency evacuation without waiting for assistance from emergency personnel. Fire resistance standards have been raised for buildings exceeding 420 feet in height, while buildings over 75 feet tall now have more robust fireproofing to reduce the likelihood of dislodgment by impacts or explosions. Furthermore, elevators and exit stairway shafts must feature impact-resistant walls. Self-luminous exit pathway markings have been installed in all exit stairways to provide illumination when primary and secondary lighting fail. Lastly, radio coverage systems within buildings allow emergency personnel to communicate effectively both within the structure and with external emergency staff supporting the response. Lewis commends the Code Council's effective handling of building vulnerabilities by focusing on areas where clear benefits can be obtained.To effectively address threats and risks, building owners, operators, and state and local governments must remain vigilant and adapt their preventive strategies based on threat and risk assessment. This requires the development of a hazard-based contingency plan that outlines preventive strategies while considering identified risks, threats, or vulnerabilities.

The LGU should create an ordinance with appropriate penalties or fines to prevent and eliminate fire starters in the city. The recent Robinsons Place fire in Cebu City has highlighted the need to check fire prevention and firefighting systems in high-rise buildings. Mayor Michael Rama plans to establish a task force to inspect establishments and ensure that they have functional fire alarm systems and sprinklers. Mayor Rama has instructed the city information officer to arrange a meeting between him and high-rise building owners to discuss fire safety and security. During the fire incident, several shoppers and employees at

Robinsons Place were trapped, and guests of the Cebu Midtown Hotel located above the mall were also affected.

Hotel guests at Alarm Hotel reported not hearing a fire alarm, however, Cebu City Fire Marshall Aderson Comar confirmed that the fire did not reach a temperature sufficient to activate the alarm system. During the incident, city firefighters also encountered issues with their equipment, such as a malfunctioning ladder. In light of this, Rama proposed that every high-rise building should establish a fire brigade to assist government firefighters. He emphasized that this should be a mandatory requirement for obtaining a building permit.

He instructed City Administrator Jose Marie Poblete to draft a proposed ordinance regarding the matter.

Review.

However, Poblete mentioned that he would need to examine the current ordinances to determine if an amendment suffices or if a new ordinance is necessary. Once these inquiries are resolved, the mayor's office will approach a city councilor to recommend the drafting of either a proposed ordinance or an amendment to an existing one. Rama suggested that the fire brigade should consist of the building's staff. Additionally, he tasked Cebu City Disaster Risk Reduction and Management Council executive director Alvin Santillana with establishing a fire brigade at City Hall. "Since our building has eight storeys," Rama stated.

The mayor announced plans to ask the Filipino-Chinese community for additional donations of fire ladders for their fire brigade volunteers. He will also request the Department of Interior and Local Government to invest in firefighting equipment for the city fire department. The mayor mentioned the malfunctioning ladder of the fire department during the Robinsons Place fire incident. The City Government has allocated P20 million

this year for more firefighting equipment and fire trucks. Just like other LGUs, Cebu city did not foresee this incident, otherwise they would have been aware of the city's insufficient fire protection capabilities, including those of the local BFP and other volunteer fire brigades. The concerned local officials could have collaborated with fire officials to develop plans addressing fire threats, including equipment, manpower, and local ordinances.

Under the leadership of the Mayor, the LGU is responsible for ensuring the general well-being, safety, and peace ; order of the community. This involves not only coordination and reporting but also providing financial support to their local BFP Office. In response to the township Fire Chief's recommendation, the Township Committee of CRANFORD recently approved an ordinance that sets limitations on recreational fires. During a Nov. 24 meeting, the majority of the committee members agreed with Fire Chief Leonard Dolan's suggested ordinance, which grants authority to the Cranford Fire Department to intervene in recreational fires that pose a safety hazard.

Recreational fires must conform to certain regulations outlined in the ordinance. These fires should have a maximum diameter of three feet and a height of two feet. They should be contained in a chiminea, outdoor fireplace, fire pit, or appropriate receptacle covered with a screen. Additionally, these fires need to be extinguished by midnight. It is necessary for them to be kept in a rear yard, keeping a minimum distance of 15 feet from any structure and avoiding porches, decks, or balconies. The ordinance prohibits burning yard waste, treated or untreated lumber, and garbage in recreational fires; however, kindling is allowed. Dolan, during a workshop meeting on Nov. 23, mentioned the

importance of these restrictions and shared an incident where a resident used an outdoor fire to burn construction waste. The incident escalated when the fire became so intense that it melted the vinyl siding on the resident's home, prompting the Fire Department's response.

In another incident, a severely asthmatic neighbor's home was filled with smoke from an outdoor fire. However, without an ordinance in place, the department lacked the authority to demand that the recreational fire be put out. Dolan expressed the need for the ordinance, stating that such situations occur regularly. Commissioner Mark Dugan objected to the ordinance, questioning the necessity of imposing restrictions that he believed aimed to regulate common sense. Dolan argued that it was essential to clearly define the need to protect residents' safety, even from seemingly harmless fire materials. He explained that pressure-treated lumber emits harmful fumes, which many homeowners may not be aware of, hence the restrictions specified in the ordinance.

Although the other four commissioners supported the refined ordinance during previous meetings, Dugan opposed it by claiming that the restrictions were not adequately specified. He voiced his objections during the official meeting, stating, "This ordinance is not sufficiently circumscribed." The public hearing and second reading of the ordinance are scheduled for the Dec. 15 meeting. In order for a law or ordinance to be valued and achieve its intended effectiveness, it must be properly understood and applicable to the community.

When individuals lack personal interests in an issue, common sense tends to be absent, resulting in a slow acceptance of the ordinance. Despite the Republican party's advocacy for local control, their silence on the matter is noticeable now that they hold

power in both the Legislature and the governor's seat. Nevertheless, this doesn't imply any deviation from the GOP agenda. In the past, their calls often opposed state-imposed mandates on local government and business restrictions.

Now, as they are in control, their agenda is to limit local regulations that are more restrictive or prohibitive than state laws - an effort to assist businesses. Earlier this year, we witnessed this in Senate Bill 107, which would invalidate municipal ordinances that prohibit landlords from obtaining information such as household income, occupation, court records, rental history, and credit records. It would also eliminate ordinances that prevent landlords from showing a property while a current tenant resides there. Currently, the GOP is preparing to advance another bill related to housing, but this one poses a potentially more dangerous trade-off: savings in business costs versus the lives of students. The bill, which was authored by a state Senator, has the potential for far-reaching consequences.

Terry Moulton, R-Chippewa Falls, is proposing a law that would prevent municipalities from enforcing any ordinance that goes beyond the state fire code. This law would likely have little to no impact in Chippewa Falls. However, in Madison, where there are numerous rental units and a large student population, it would repeal a two-year-old city ordinance. This ordinance was implemented after the tragic death of a 23-year-old man in a two-story apartment building on Bedford Street, which is located just one block away from the Kohl Center on the University of Wisconsin-Madison campus. This incident occurred in 2007 and led to a two-year-long effort to pass a city ordinance that mandates tamper-resistant or hard-wired smoke detectors in apartments and

houses.

It was a sensible response to the death and since the law went into effect there have been - knock on wood - no fire deaths. The Senate bill has the support of two major lobbying organizations - the Wisconsin Builders Association and Associated Builders and Contractors of Wisconsin. A spokesman for the Builders Association said: "In a time that we're trying to look for ways to drive economic development, I think it makes sense to have one strong, solid statewide code that folks throughout the whole state follow, instead of having a patchwork of changes throughout the state." For the most part, a uniform state fire code is what we have, but there are communities that have special situations that can, and should, be remedied by tougher local ordinances - even if it costs a builder a buck or two extra.

Madison is a community that experiences a high student population and frequent turnover in apartment buildings and rental houses. This constant movement takes a toll on housing, including smoke detectors. Madison's Fire Marshal, Ed Ruckriegel, is opposed to the bill and stated that the removal of the smoke alarm ordinance, which has saved lives, would be a negative outcome. He also mentioned that other parts of Madison's ordinances, such as the requirement to install strobe lights on outside sprinkler systems for firefighter visibility and functionality, could also be invalidated.

"Its cost is minimal, its impact on the building and developer is minimal, but it provides a huge safety provision," Ruckriegel explained. He believes that certain communities, such as Madison, have specific requirements and should be given the ability to address them through their fire codes.

This is the essence of local control, which allows municipalities to tailor their regulations accordingly. For instance, if a community hosts a research park with unique hazards, its fire codes should be designed to address those risks. Similarly, if a community is home to large paper manufacturing and processing plants, it would be expected that industry-specific ordinances are in place. While standardized laws can be useful for setting basic standards, they may not adequately account for specific needs."

But communities and their leaders often have the best understanding of their needs and should be given the authority and flexibility to customize laws that provide optimal protection for their cities and towns. In Legazpi city, both urban and rural areas exist, each having different fire safety requirements. It is important to note that the majority of businesses and schools are located in the urban side of Legazpi. Therefore, the circumstances of each area are distinct and should be handled separately. As a logical step, the LGU should promptly create a suitable ordinance by reviewing existing regulations and any relevant special provisions.

The Legazpi City fire headquarters can provide assistance and reference to the provisions in RA 9514 for any proposed fire safety ordinance. The following studies are related to the present undertaking: Suratos 2001 conducted a study on the implementation of Letter of Instruction 01/99-Mayon Implan, which assessed the implementation of general guidelines set by LOI 01/99 issued by Albay Police Provincial Office and carried out by the PNP Task Force Mayon 2000 during the Mt. Mayon eruptions of 1999-2000. According to Suratos, concerned agencies from the National Disaster Coordinating Council down to the Barangay Disaster Unit

should continue strengthening their organization and sourcing funds to ensure financial readiness for the implementation of disaster preparedness and other contingency plans in order to sustain or enhance the level of preparedness. For establishment owners, tenants, and administrators to comply with the provisions of RA 9514, also known as the Fire Code of the Philippines, a thorough initial inspection should be conducted. The owner, tenant, or administrator should receive one (1) copy of the After Inspection Report as a notice of violations for them to address.

This study is related to Suratos' study because both discuss assessing and improving the preparedness of Legazpi city for fire disasters. Balde (2011) conducted a study on the vulnerability assessment of specific urban fire hazards in Legazpi city. The purpose was to identify areas prone to fire, evaluate risks and vulnerabilities, and understand the challenges faced by fire responding units during firefighting. The study also considered the fire prone selection standards set by the Bureau of Fire Protection. The conclusion was that Barangay Councils should collaborate with Legazpi City Fire Station to propose measures to the City Mayor and Sanggunian Panglungsod. These measures should prioritize fire mitigating actions, such as providing equipment and necessary provisions.

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