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DEPARTMENT OF THE INTERIOR AND LOCAL GOXPRAMENT 05" {A Francisco Gold Condominium Il Eds Cor Mapagmahal SAD gos 55% Diliman, Quezon City June 28, 2004 MEMORANDUM CIRCULAR ~ Number: 2004-84 _ To : ALL DIRECTORIAL STAFF, REGIONAL DIRECTORS FOR FIRE PROTECTION, DIVISION/ SECTION/ UNIT CHIEFS, PFMs, CFMs/ MFMs, Fire Safety Personnel/ Inspectors SUBJECT = PROCEDURAL AND OPERATIONAL RULES OF THE DILG-BFP SPECIAL ACTION GROUP Pursuant to Section 4.D of Department Order Number 2004-314, dated April 22, 2004, issued by the Honorable Secretary of the Department of the Interior and Local Government, the following procedural and operational guidelines are hereby prescribed for the DILG-BFP Special Action Group created and organized in accordance therewith: RULE! Preliminary Provisions SECTION 1. Title. - These guidelines shall be known and cited as the Procedural and Operational Rules of the DILG-BFP Special Action Group. SECTION 2. Coverage. - These Rules shall apply to the organization, administration and operation of the DILG-BFP Special Action Group (SAG) and its operational teams, and shall govern the determination and disposition of every action and proceeding brought before it. SECTION 3. Suppletory Rules and Regulations. The Uniform Rules on Administrative Cases in the Civil Service, promulgated under Resolution No. 991936 of the Civil Service Commission, shall apply suppletorily and whenever practicable. SECTION 4. Definition of Words and Phrases. For purposes of these Rules, the following definitions are hereby adopted: ) Fire safety inspection personnel — refers to any personnel of the BFP assigned to units/offices of the BFP directly and specifically tasked with the enforcement of the Fire Code, such as but not limited to fire safety personnel, building plan checkers, and supervising inspectors. b) Fire safety documents - refers to the documents provided for in the Fire Code and/or prescribed by the BFP fo be issued by the proper BFP authority to any natural or juridical person in connection with the enforcement and implementation of its provisions, including its rules and regulations, implementing details and issuances, as well as the provisions of the Memoranda of Agreement dated 01 August 1978 and 21 May 1997, such as but not limited to Mission Order, Affer-Mission Report, Fire Safety Inspection Cerlificate, Fire Safety Correction Sheet, Notice to Comect Deficiency/Violation, Order of Payment to Pay Taxes/Fees/Fines, and Closure Orders. ¢) “kegularity or anomaly” in the enforcement of the Fire Code refers to any ‘act or omission by any BFP personnel in connection with the conduct of fire safety inspection and the preparation, processing, recording, submission, and issuance of fire safety documents, which is punishable as an administrative and/or criminal offense. d) Administrative offense - refers to any offense penalized under the Uniform Rules on Administrative Cases in the Civil Service. ) Criminal offense - refers to any offense penalized under special laws, such as but not limited to R.A.3019 (Anti-Graft and Corupt Practices Act, as amended) and/or any felony penalized under the Revised Penal Code. {) Doctrine of Command Responsibility - refers to the principle that a superior officer may be held accountable for the administrative offense of "neglect of duty if he has knowledge that a crime or offense shall be committed, is being committed, or has been committed by his subordinates, or by others within his area of responsibility and, despite such knowledge, he did not take preventive or corrective action either before, during, or immediately after its commission.” RULE II DILG-BFP Special Action Group SECTION 5. Organization. - The Executive Committee constituted pursuant to Section 4.A of DILG Department Order Number 2004-314 (hereafter the “Committee") is responsible for the administration and operation of the DILG-BFP SAG and shall organize its operational teams (SAG Teams) in accordance with Section 4.b] to b4 of the said Department Order. The Committee shall act as a collegial body and shall exercise general supervision and control over its SAG Teams. SECTION 6. Meetings. — The Commitiee shall have regular meetings at a place, date and time to be designated by the Chairman, but the Committee shall decide upon the frequency of said meetings during its initial or first meeting. However, special meetings may be held by the Committee upon call by the Chairman, Co-Chairman, or Vice-Chairman whenever necessary and provided there is a quorum for this purpose. The presence of at least four (4) members shall constitute a quorum. SECTION 7. Powers and Functions. - Except for the authority expressly and solely vested upon the Chairman, the powers and functions enumerated in Section 5 of the aforesaid Department Order and vested upon the SAG shall be exercised by the Committee through Resolution voted upon and passed by it for said purpose. The affirmative vote of the majority of the members present there being a quorum shall be necessary for the adoption of any resolution. RULE Ill SAG TEAMS SECTION 8. Organization. - The SAG shall have four (4) operational teams to be known as SAG Teams, grouped into two (2) shifts, each team composed of one (1) representative each from FSED, IAS-NO, DILG, and/ or such other offices as may be deemed necessary. y SECTION 9. Activation. - The Chairman shall activate the SAG Teams by issuing the appropriate orders designating the representatives from the FSED, IAS-NO, and DILG upon recommendation by their respective chiefs of office. Additional members from other offices may be designated also upon the recommendation of the Committee. SECTION 10. Powers and Functions. - Each SAG Team shall have the powers and functions vested upon it by Section 5.C of the aforesaid Department Order, including those specified and provided hereunder pertinent and necessary for the fulfillment of its mandated task. SECTION 11. Deployment. - The deployment of the SAG Teams to undertake the fact-finding investigation on any complaints, questions/ appeals or reports of iegularity/anomaly in the enforcement of the Fire Code shall be through the issuance of @ Mission Order from the Chairman or, in his absence, his duly designated representative who must be a member of the Committee. RULE IV INITIAL ACTIONS ON COMPLAINTS. SECTION 12. Complaints. - The complaints or reports to be acted upon by the SAG shall be classified either as Fire Code Matters or Personnel Matters, using the definition provided under Section 3, of the aforesaid Department Order, to wit: “Fire Code Matters - pertains to the compliance of owners/administrators/occupants with fire safety standards and questions/appeals Pertaining to the provisions of the Fire Code (PD 1185) and its implementing rules and regulations.” “Personnel Matters - refers to relevant/proper actions leading to the determination of possible involvement or collusion of BFP members in committing/engaging in nefarious activities, such as but not limited to endorsing/selling directly or indirectly or posing as an agent of fire protection equipment and appliances." SECTION 13. Fire Code Matters. - The Committee may immediately take cognizance of any complaint or report classified as Fire Code Matters, or may refer the same for initial evaluation by the Chief, FSED. In case the Chief, FSED has determined that the complaint or report simply involves a question/ appeal as to the proper interpretation of the provisions of the Fire Code, or raises issue on the procedure adopted for its enforcement, which can be clarified through the existing processes in the BFP without need of deploying the SAG Team to conduct its investigation, he shall so inform the Committee by submitting a written report embodying his findings and indicating therein the appropriate course of action to be taken by the concerned office of the BFP. However, in the event that the Chief, FSED has determined that the ‘complaint or report involves irregularity in the enforcement of the Fire Code by the fire safety personnel, he shall forthwith inform the Committee and shall recommend the FSED representative who shall be designated as Team Leader of the SAG Team that shall be deployed to conduct its investigation. SECTION 14. Personne! Matters. - The Committee may immediately take cognizance of any complaint or report classified as Personne! Matters, or may refer the same for initial evaluation by the Chief, IAS-NO. In case the Chief, IAS-NO has determined that the complaint or report is sufficient both in form and substance and may be acted upon by his office in accordance with the Uniform Rules on Administrative Cases in the Civil Service without the need of deploying the SAG Team to Conduct its investigation, he shall so inform the Commitiee by submitting a written report embodying his findings and indicating therein that he can acquire jurisdiction i