40th Session 3rd SP

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE 3 RD SANGGUNIANG

PANLUNGSOD OF THE CITY OF BOGO HELD AT THE SESSION HALL ON MAY 18, 2011
Present:
Hon. Santiago A. Sevilla Vice-Mayor
Hon. Romeo P. Alarde SP Member, Temporary Presiding Officer
Hon. Lyndon Hee C. Acusar SP Member
Hon. Santiago M. Oliamot SP Member
Hon. Domingo P. Armenton SP Member
Hon. Geronimo G. Almirante SP Member
Hon. Bienvenido O. Gulane II SP Member
Hon. Benjamin M. Rodriguez SP Member
Hon. Glenn N. Jumao-as SP Member
Hon. Belinda N. Rodriguez SP Member
Hon. Jose Brainard Y. Mayol SP Member, ABC President
Hon. TJ Marie L. Labastida SP Member, SKF President
Absent:
Hon. Victor Elliot S. Lepiten III SP Member

WHEREAS, Republic Act 9514, otherwise known as The Fire Code of the Philippines,
declares the policy of the State “to ensure public safety, promote economic development through
the prevention, suppression of all kinds of destructive fires” ensures adherence to standard fire
prevention and safety measures; and promote accountability in the fire protection and prevention
service”;

WHEREAS, Republic Act 7183 of 1992, entitled “An Act Regulating The Sale,
Manufacture, Distribution And Use Of Firecrackers And Other Pyrotechnic Devices” provides the
regulation of “the manufacture, sale, 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 the cultural traditions”;

WHEREAS, the Department of Interior and Local Government (DILG) issued

Memorandum Circular No. 2010-148 urging local government units to regulate the sale,
manufacture, distribution and use of firecrackers and other pyrotechnic devices;

WHEREAS, fire safety is of paramount concern in the preservation of life and property
and promotion of economic development;

WHEREAS, the use of firecrackers, although a traditional part of a celebration has, over
the years, led to many unfortunate incidents that accounts for the loss of lives, limbs and
properties;

NOW THEREFORE, upon motion of Hon. Santiago A. Sevilla duly seconded by Hon.
Belinda N. Rodriguez, be it

RESOLVED, as it is hereby resolved, to enact the following:

ORDINANCE NO. 003 – 2011

AN ORDINANCE REGULATING THE MANUFACTURE, SALE, DISTRIBUTION AND USE OF

FIRECRACKERS OR PYROTECHNIC DEVICES WITHIN THE TERRITORIAL JURISDICTION
OF THE CITY OF BOGO AND PRESCRIBING PENALTIES FOR VIOLATION THEREOF
Endorsed by Hon. Santiago A. Sevilla
Vice-Mayor, Presiding Officer

Be it ordained by the Sangguniang Panlungsod of the City of Bogo in session assembled

that:

Section 1. Title. This Ordinance shall be known as “Firecracker Ordinance of the City of
Bogo”.
Ordinance No. 003 – 2011 Page 2

Section 2. Declaration of Policy. The City of Bogo adopts the policy of the state to
ensure public safety, promote economic development through the prevention and suppression of
all kinds of destructive fires.
Section 3. Scope. This Ordinance covers any and all manufacturers, distributors,
dealers, retailers and consumers of firecrackers or pyrotechnic devices within the territorial
jurisdiction of the City of Bogo.

Section 4. Purpose. It is the purpose of this Ordinance to regulate the manufacture,

sale, distribution, and use of firecrackers or pyrotechnic devices within the territorial jurisdiction of
the City of Bogo to promote public order, peace, safety and security of the community.

Section 5. Definition of Terms. For purposes of this Ordinance the following words and
phrases shall mean and be construed as indicated:

5.1 Firecracker - Also known as a cracker, noise maker, banger or

bunger, is a small explosive device primarily designed to produce a large
amount of noise, especially in the form of a loud bang whose fuses are
usually wrapped in a heavy paper casing to contain the explosive
compound;

5.2 Pyrotechnic Device - generally refers to chemical that on burning and

without explosion produces visible or brilliant displays or bright lights,
whistles or motion;

5.3 Fireworks - can be categorized as a specialized class of pyrotechnic

and explosive devices to create visual and sound effects for their
entertainment value;

5.4 Seasonal mobile stall sellers - shall refer to all sellers of firecrackers and
pyrotechnic devices which display or sell their products in a non-
permanent structure;

5.5 Legal age - eighteen years old and above.

Section 6. Legal Firecrackers and Pyrotechnics. Pursuant to RA 7183 the following

firecrackers and pyrotechnic devices may be manufactured, sold, distributed, and used:

6.1 Legal Firecrackers

a. Baby Rocket — A firecracker with a stick so constructed that

lighting of the wick will propel the whole thing to lift a few meters
before exploding. The firecracker is about 1 ½ inches in length by
3/8 inch in diameter while the stick is about a foot in length;

b. Bawang — A firecracker larger than a triangulo with 1/3 teaspoon

of powder packed in cardboard tied around with abaca strings and
wrapped in shape of garlic;

c. Small Triangulo — A firecracker shaped like a triangle with powder

content less than the bawang and usually wrapped in brown paper
measuring ¾ inch length in its longest side;

d. Pulling of Strings— A firecracker consisting of a small tube about

an inch in length and less than ¼ of an inch in diameter with
strings on each end. Pulling both strings will cause the firecracker
to explode;

e. Paper Caps — Minute amount of black powder spread in either

small strips of paper on a small sheet used for children's toy
guns;

f. El Diablo — Firecrackers tubular in shape about 1 ¼ inches in

length and less than ¼ inch in diameter with a wick; also known as
labintador;
 Ordinance No. 003 – 2011 Page 3

g. Judah’s Belt — A string of firecrackers consisting of either diablos

or small triangulos that can number up to a hundred or thereabout
and culminating in large firecracker usually a bawang;
h. Sky Rocket (kwitis) — A large version of a baby rocket designed to
be propelled to a height of forty (40) to fifty (50) feet before
exploding;
i. Other types equivalent to the foregoing in explosives content

6.2 Legal Pyrotechnic Devices:

a. Sparklers — Pyrotechnic devices usually made of black powder

on a piece of wire or inside a paper tube designed to light up and
glow after igniting;

b. Luces — Any of several kinds of sparklers;

c. Fountain — A kind of sparkler conical in shape which is lighted on

the ground and designed to provide various rising colors and
intermittent lights upon being ignited;

d. Jumbo (regular and special) — A kind of sparkler similar to a

"fountain" but bigger in size;

e. Mabuhay — Sparklers bunched into a bundle of a dozen pieces;

f. Roman Candle — A sparkler similar to a "fountain" but shaped like

a big candle;

g. Trompillo — A pyrotechnic device usually fastened at the center

and designed to spin first clockwise and then counter-clockwise
and provides various colored lights upon being ignited;

h. Airwolf — A kind of sky rocket shaped like an airplane with a

propeller to rise about forty (40) or fifty (50) feet and provide
various kinds of light while aloft;

i. Whistle Device — Any of the various kinds of firecrackers or

pyrotechnic designed to either simply emit a whistle-like sound or
explode afterwards upon being ignited;

j. Butterfly — Butterfly-shaped pyrotechnic device designed to lift

above ground while providing light;

k. All kinds of pyrotechnic devices (pailaw) and

l. Other types equivalent to the foregoing devices

Section 7. Illegal Firecrackers. Under no circumstance shall a license or permit be

granted for the manufacture, distribution, sale or possession of any firecracker and other
pyrotechnic devices deemed banned and prohibited under issuances of the Department of Health
(DOH), Department of Trade and Industry (DTI) and Philippine National Police (PNP) as
enumerated hereunder:

a. Piccolo
b. Pla-pla
c. 5-Star
d. Atomic Bomb
e. Triangulo
 Ordinance No. 003 – 2011 Page 4

f. Super Lolo
g. Boga
h. Watusi
i. Judas Belt (large)
j. Bawang (large)
k. Goodbye Philippines
l. Goodbye Earth
m. Lolo Thunder
n. Og
o. Kabasi
p. and such others not otherwise declared as legal

Section 8. Fire Safety Inspection Certificate (FSIC). Pursuant to Section 9.0.4.1 of

IRR of RA 9514 a Fire Safety Inspection Certificate (FSIC) shall be issued by the Bureau of Fire
Protection as a pre-requisite for the issuance of Business or Mayor’s Permit. Hence, no person
shall manufacture, distribute or sell firecrackers or pyrotechnic device without securing securing
FSIC from the Office of the City Fire Marshall.

Section 9. Permit/License. A person desiring to manufacture, distribute or sell

firecrackers and other pyrotechnic devices shall, prior to securing Mayor’s or Business Permit in
the City of Bogo, secure a Permit/License from the Cebu Provincial Police Office (CPPO) upon
presentation of the FSIC.

Section 10. Mayor’s Permit. No person shall be allowed to manufacture, distribute or

sell firecrackers and other pyrotechnic devices in the City of Bogo without obtaining a Mayor’s or
Business Permit.

A Mayor’s Permit may be granted to a manufacturer, distributor, seller or retailer of

firecrackers or pyrotechnic devices who shall operate within the jurisdiction of the city upon
compliance of Permit/License duly issued by CPPO and upon payment of Mayor’s Permit Fee.

Businesses which at the time of application for a fireworks permit are licensed and have
been continuously engaged in the conduct of the business for which they are licensed for at least
six months shall obtain a Permit/License after the Fire Marshal inspects and certifies as safe the
place of business for fireworks sales.

Section 11. Receipt Required. All manufacturers, distributors, seller or retailer of

firecrackers or pyrotechnic devices shall, at all times, issue receipt corresponding to every
purchase.

Section 12. Display Area and Storage Regulations. The display and selling area of
firecrackers and pyrotechnic devices shall be determined by the Mayor subject to the following
regulations:

12.1 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 pursuant to Sections 10.4.6.4 and 10.4.6.5 of the
Implementing Rules and Regulations of The Fire Code of the Philippines;

12.2 All malls and other similar establishments shall not be utilized as display
centers for selling firecrackers and pyrotechnics unless done through
media presentation or other means without necessarily displaying the said
firecrackers therein pursuant to Sections 10.2.6.7, 10.4.6.4 and 10.4.6.5
of the IRR of The Fire Code of the Philippines;

12.3 Fire extinguisher/s shall be provided on recommendation of City Fire

Marshall who shall designate the type and number of fire extinguishers to
be installed and maintained in all buildings, structures and facilities
pursuant to Sections 10.2.6.7, 10.4.6.4 and 10.4.6.5 of the IRR of The Fire
Code of the Philippines;
Ordinance 003 – 2011 Page 5

12.4 Smoking within fifteen meters (15 m) from a display area shall not be
allowed pursuant to Sections 10.4.6.4 and 10.4.6.5 of the IRR of The Fire
Code of the Philippines;

12.5 Testing of firecrackers and pyrotechnics shall be prohibited Sections

10.4.6.4 and 10.4.6.5 of the IRR of The Fire Code of the Philippines;

12.6 Stoves, exposed flames, and portable electric heaters shall be prohibited
Sections 10.4.6.4 and 10.4.6.5 of the IRR of The Fire Code of the
Philippines;

12.7 In the case of seasonal mobile stall sellers of legal firecrackers and
pyrotechnics, fire extinguishers must be provided as prescribed by the
City Fire Marshall or, in the absence thereof, at least ten (10) gallons of
standby water beside the display and selling area. Standby water may be
increased depending upon the assessment of the City Fire Marshall.
In-between selling and display hours all firecrackers and pyrotechnics of
seasonal mobile stall holders shall be stored in an enclosed drum or
canister of any material provided it has a secured cover.
All specifications in Section 11 except Sections 11.2 and 11.3 shall apply
to seasonal mobile stall sellers.

Section 13. Fireworks Zone. There shall be a designated Fireworks Zone to be

determined by the Mayor where the lighting of legal firecrackers and pyrotechnic devices shall be
allowed subject to the following regulations:

a. An open space 50 meters away from the display or selling area identified
by the Mayor pursuant to Section prescribed nearest residential,
commercial or institutional building;

b. Not along the road or highway.

Lighting of firecrackers, pyrotechnic devices along the streets and elsewhere outside the
Fireworks Zone shall be prohibited. The conduct of fireworks exhibition shall be allowed only at
the Fireworks Zone unless a clearance provided in Section 14 hereof is secured and
requirements specified in Section 15 be obtained.

Section 14. Clearance for Fireworks Exhibition. Section 10.4.6.6 of the RA 9514 is
hereby adopted as follows:
No person shall be allowed to conduct firework exhibition without first securing a
Clearance from the City Fire Marshal.

Section 15. Requirements for Fireworks Exhibition. The requirements for a fireworks
exhibition provided for in Section 10.4.6.7 of the IRR of The Fire Code is adopted as follows:

15.1 That a permit to possess and display fireworks shall first be secured from
the CPPO;

15.2 That fireworks be fired at a distance of one hundred feet (100 ft) away
from the people;

15.3 That all fireworks shall project upwards;

15.4 That a pyrotechnician or a responsible person of at least 21 years of age

and with adequate knowledge of handling fireworks shall be assigned to
supervise fireworks display;

15.5 That sufficient approved type of first aid fire protection equipment shall be
on hand at the site during fireworks exhibitions;

15.6 That the nearest fire station shall be notified of such exhibitions.
Ordinance No. 003 – 2011 Page 6

15.7 Any fireworks that remain unfired after the display is concluded shall be
immediately disposed properly.

Section 16. Minors Prohibited. Minors aging below fifteen (15) years old shall not be
allowed to purchase legal firecrackers and pyrotechnic devices without being accompanied by a
person of legal age.

Section 17. Responsible Office. The Office of the City Fire Marshal shall inspect the
establishments/fireworks stands for compliance to the provisions of this Ordinance. He shall
seize, take, remove or cause to be removed all stocks of fireworks offered or exposed for sale in
violation to the foregoing sections hereof.

Section 18. Penalties. Any person who manufactures, distributes, sells, possesses,
uses or in possession of firecrackers and other pyrotechnic devices in violation of this Ordinance
shall be punished by a fine of five thousand pesos (Php 5,000.00), or imprisonment of not less
than six (6) months or both such fine and imprisonment at the discretion of the court, in addition,
the cancellation of his Business Permit/Mayor’s Permit and the confiscation by the Office of the
Fire Marshal of his inventory or stock.

Section 19. Separability Clause. If any part, section or provision of this Ordinance
shall be held invalid or superseded, the other provisions shall not be affected thereby.

Section 20. Effectivity. The provisions of this Ordinance shall take effect fifteen (15)
days following its posting and publication in local newspaper of general circulation.

CERTIFIED TRUE AND CORRECT:

MAITA T. LABRADO
ATTESTED: SP Secretary

HON. ROMEO P. ALARDE

Temporary Presiding Officer APPROVED:

HON. CELESTINO E. MARTINEZ JR.

Date of Approval: June 9, 2011 Mayor

Date of Posting : _________________

Date of Publication : _________________

Date of Effectivity : _________________