PUBLIC ADVISORY

Friday, January 11, 2019

 

1.0 LEGAL BASIS

 

This Circular is in furtherance of public safety, order and national security, pursu.rnt to Republic Act No. 7183, An Act Regulating the Sale, Manufacture and Use of Firsracken and Other Pyrotechnic Deuices, and the promotion of health and safety and general welfare of the people, in accordance with Section 16 of Republic Act No. 7160 or the Local Government Code of 1991.

 

2.0 ROLES AND RESPONSIBILITIES

 

All concerned are hereby directed to implement and observe their respective roles and responsibilities, in accordance with existing laws, rules and regulations:

 

 

2.1 The Provincial Government, tfuough the Provincial Governor, shall:

 

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

 

2.1.2 Ensure that only the following types of fuecrackers and pyrotech c devices are being manufactured, sold, distributed and used, as allowed under 2012 Revised IRR Governing the Administration and Enforcement of R.A. No. 7183:

 

2.1.3 Direct the PNP to con-fiscate the following rypes of firecrackers and pyrotechnic devices that are prohibited by R.A. No. 7183 and its 2012 Revised IRR: r Atomic big, Trianggulo, Super lolo, Giant Whistle Bomb and Other rypes equivalent to the foregoing in explosive content, Firecrackers which are overweight or more than 0.2 grams or more than l/3 teaspoon in orplosive content, Firecrackers which are oversized. Ffuecrackers which fuse burns in less than 3 seconds or more than 6 seconds, Imported finished product, and Firecrackers with mixture of phosphorous or sulfur with that ofchlorate, and polyvrnyl prye "toga"; o Manufactured, sold or distributed without the necessary occupancy permit, or business or permit to operate; . Transported without a "Permit to Transpon", in the case of a dealer;

 

2.1.4 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:

 

2.1.5 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 irnplement the project(s); and

 

2.1.6 Cooperate with the Philippine National Police and Bureau of Fire Protection in the conduct of joint iaspection and confiscation of Firecrackers Pyrotechnic Devices r Baby rocket . Bawang r Small Triangulo . Pulling of Strings o Paper caps o El diablo r Judah's belt e Sky rocket or Kwitis . Other types equivalent to the foregoing in explosive content r Mabuhay e Roman Candle o Trompillo o Whistle device . Burterfly r Fountain o fumbo Regular . Luces r Sparklers o All kinds of pyrotechnic devices or pailaw o Other types equivalent to the foregoing devices prolr' .ed firecrackers as well as the enfc,--.:ment of the rules and regulations ofRA No. 7183 and its 2012 Revised IRR.

 

 

2.2 The City Governnent, or Municipal Government, through the Mayor, shall

 

2.2.1 Cause the enactrnent of an ordinance, as may be necessary or if justified, which totally prohibia the manufacture, sale, distribution and use of any firecracker and pyrotechnic devices, if there is reasonable ground to believe that radical groups may take advantage of the holiday season's merriment for their lawless designs, and promote an alternative form of revelry;

 

2.2.2 Stricdy enforce existing laws and ordirances relative to the sale, manufacture, distribution and use of firecrackers, polyvinyl pipe "boga" and other pyrotechnic devices, as mandated by Section a55 (b) (2) and Section 444 O) (2), LG Code of 1991;

 

2.2.3 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, pu$uant to Section 455 (b) (2) (i) and Section 444 O) (2) (i), LG Code of l99l;

 

2.2.4 Designate the following zones pursuant to RA No. 7183 and IRR of RA No.9514:

 

2.2.4.1 Manufacturing Zone (Section 7, RA No. 7183) - a designated area where a manufacturing compler< may be established;

 

2.2.4.2 Display Center or "Firecracker and Pyrotechnic Zone" (Section 10.4.6.5, IRR of RA No. 9514) - a designated area for selling firecrackers and pyrotechnics; and

 

2.2.4.3 Fireworks Exhibition Zone (Section 10.4.6.7, IRR of RA No. 9514) - a designated area where fueworks exhibition maybe conducted.

 

2.2.5 Observe the following safety guidelines within these zones:

 

2.2.5.1 Manufacturing Zone (Section 7, RA No. 7183)

(a) 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:

(b) The manufacturing complex shall be governed by, but not limited to, the following safety mea{nues: , 7 All buildings shall have adequate . -,ntilation, no concrete floors, must be leak-proof and furnished with necessary fire extinguishers;

 

(2) The warehouse must be at least fifty (50) meters away from any processing station ofthe complex; and

(3) The following processing stations of the complex shall be laid out according to the indicated minimum distance ftom each other with all sides open: o Mixing 50 MTS o Grinding 40 MTS o Packaging 40 MTS o Nagmimitsa 20 MIS o loading 20 MTS

 

2.2.5.2 Display Center or "Firecracker and Pyrotechnic Zone" (Section 10.4.6.5, IRR of RA No. 9514)

(a) Display centers for selling firecrackers and pyrotechnics shall be separated from each other by a firewall with a fue resistance rating of not less than rwo (2) hours; (

b) All malls and other similar establishmenc 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;

(c) Fire extinguisher/s shall be provided in accordance with Section 10.2.6.7 of the IRR of RA No.9514:

(d) Smoking within fifteen meten (15m) from a display center shall not be allowed:

(e) Testing of firecrackers and pyrotechnics shall be prohibited; and

(f) Stoves, orposed flames, and portable electric heaters shall be prohibited.

 

2.2.5.3 Fireworks Exhibition Zone (Section 10.4.6.7, IRR of RA No. 9s14)

(a) That a permit to possess and display firewor}s shall first be secured ftom the Philippine National Police;

(b) That fueworks be fired at a distance of one hundred feet (lffift) away fiom people;

(c) That all fireworks shall project upwards;

 

2.3.1.1Regular "ronda" to assist the police in monitoring and ensuring that manufacturing, display center, and fireworks exhibition are within the designated zones;

2.3.1.2 Report to the police any violation on the designated zones; and

 

 

2.2.4 of this Circulu and otnerve the safety as enunerated in item no.

 

2.2.5 of this Circular, pursuant to RA No. Tltli| and IRR of RA No. 9514; 2.3.4 Ensure that the City or Municipal Ordinance on the regulation of sale, manufacture, distribtrtion and use of fireworks, polyvioyl pipe 'bga" and other pyrotechnic device is faithfully complied within the barangay; and 2.3.5 Cooperate with the Philippine National Police and Bureau of Fire Protection in the conduct of joint and confiscation of prohibited firecrackers as well as tlre enforcement of the rules and regulations of RA No. 718i1 and its 2012 Revised IRR.

 

2.3.5 Cooperate with the Philippine National Police and Bureau of Fire Protection in the conduct of joint and confiscation of prohibited firecrackers as well as tlre enforcement of the rules and regulations of RA No. 718i1 and its 2012 Revised IRR

 

Atl DILG Regional Directors and tle Regional Governor of the ARMM are hereby directed to caurc tlre dissemination of this Memorandum Circular and ensure that this Circular is effectively communicated to all local authorities. For the compliance and guidance of all concerned.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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